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HomeMy WebLinkAbout12299 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~", -I I r -- RESOLUTION NO. I'::<';? 99 / , RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH UNITED PAPER STOCK COMPANY, INC., PROVIDING FOR THE PURCHASE OF USED NEWSPAPERS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is authorized and directed to execute on behalf of said City an agreement with United Paper Stock Company, Inc., providing for the purchase of used newspapers, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a on the /7'M day of , 1976, by the following meeting thereof, held vote, to wit: AYES: Councilmen NAYS: ~ ABSENT: '~7,j' 7tL- ,~ ~//.-_d~-d ...-' ~iW"erk The foregoing resolution is hereby approved s ~/.~ day of tl(1.-.4/./A7 ., 1976. Approved as to form: ~N/~ C1.ty At orney ernardino D \j:~,:'i 'u.'_' ..:-'/I.J LUCILLE GOFORTH, City Clerk .':?z;:.'?!!.-f!:f.{.yle:>/...""JTV '. -ilhi'f 1 A G R E E MEN T --------- 2 3 4 5 of (newspapers) THIS AGREEMENT is made and entered into this~day , 1976, by and between the CITY OF SAN BE icipal corporation, hereinafter referred to 6 as "ci.ty", and UNITED PAPER STOCK COMPANY, INC., a California 7 corporation, hereinafter referred to as "United Paper". 8 ~ I T N E S ~ E T !!: 9 The parties hereto agree as follows: 10 1. City agrees to sell and United Paper agrees to buy 11 all used newspapers which City collects. 12 2. United Paper shall at all times provide adequate 13 storage containers for the placement and storage of paper 14 materials at City's paper sorting site. 15 3. This agreement shall not be deemed to authorize the 16 violation of any City ordinances or permit requirements by 17 United Paper. United Paper agrees to follow and abide by all 18 applicable City ordinances and State laws. 19 4. City shall be responsible at its own expense for the 20 sorting of the paper materials in the manner directed by United 21 Paper. 22 5. United Paper shall pick up from City sorting site 23 all paper materials it purchases under this agreement within 24 two (2) working days of receiving verbal notice to do so from 25 City. 26 6. United Paper shall pay City a minimum price of $15.00 27 per ton for used newspapers that have been sorted pursuant to 28 United Paper's standards and directions. If the market price . . -" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- for said used newspapers rises above the minimum price per ton, the price per ton paid to City shall increase of $15.00 acCOrdingl~. 7. Paper materials sorted out by City which do not meet the standards of United Paper for used newspapers but which are /04'1 LL erR suitable for "board IlIeirl" shall be purchased by United Paper at MII-'- ~ the market price for "board -III&al" at the time of each purchase. 8. All sums payable by United Paper to City hereunder shall be on a monthly basis within fifteen (15) days from the end of the preceding month. With each payment United Paper shall also send an itemized statement of the weight and cate- gories of all paper materials received from City in such form and detail as may be required by City. 9. United Paper shall not assign this agreement without prior written consent of City and any assignment without written consent of City shall be void. 10. This agreement shall be for a term of five (5) years from the date of execution unless sooner terminated as herein- after provided. 11. This agreement may be terminated by City by giving a thirty (30) days' written notice to United Paper of such can- cellation and this agreement shall terminate forthwith thirty (30) days after such notice. 12. United Paper hereby agrees to indemnify and hold City, its elective and appointive boards, commissions, officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from United Paper's operations under this agreement, whether such -2- , - --- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 operations be by Unitedej;laper or by anyone or more persons directly or indirectly employed by, or acting as agent for United Paper. United Paper agrees to, and shall, defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations. 13. Any notices under this agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid, as follows: City Clerk City Hall 300 North "D" Street San Bernardino, Ca. 92418 United Paper Stock Company, Inc. 2465 East 25th Street Los Angeles, Ca. 90058 IN WITNESS WHEREOF/the parties hereto have subscribed their names the day and year first hereinabove written. ATTEST: UNITED PAPE /~~ ;{j;.>_/ - /' ,. , " , STOC~_ COMPANY 'jNC. I ~~ Cl.ty ttorney - -3-