HomeMy WebLinkAbout07- Agreement with Four Corner Recycling, LLC about cardboard, 2007
AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of F-eh'-""'r y in the year
2007, by and between CITY OF BOZEMAN, hereinafter called OWNER, and
FIIN- t H......,. f( e~ y ~ IJ'Rl L L l" located at J. ~ 4 , J a L" k !-&I 61> /-1- 8o'Z......eol /1-1;1-
hereinafter called CONT CTOR.
OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
1. DESCRIPTION OF WORK:
The CONTRACTOR agrees to accept cardboard from the OWNER for the purpose of
baling and selling. The CONTRACTOR agrees to perform all baling operations in-house
unless a mutually agreed upon subcontractor has been selected. The OWNER cannot
ensure the content or quality of the cardboard delivered to the CONTRACTOR. The
OWNER agrees to provide free waste pickup for any waste that may be found in the
cardboard delivered.
2. PROFITS AND PAYMENT SCHEDULE:
All proceeds from the sale of the baled cardboard will be divided equally between
OWNER and CONTRACTOR. Payment from the CONTRACTOR to the OWNER will
be paid on the 15th of each month following the receipt of the commodity by the
CONTRACTOR. Payments must include a copy of the receipt from the sale that
includes tonnage, date of sale, and amount paid for the cardboard.
3. TERM OF AGREEMENT AND TERMINATION:
This Agreement shall be effective from the date of execution and will continue in force
for a period oftwo (2) years, unless terminated by either party by ninety (90) days prior
written notice to the other.
4. HOLD HARMLESS:
OWNER shall not be liable in any manner to the CONTRACTOR, or to any other party
or parties, for any loss, cost, damage or injury arising out of or in any manner connected
with the act of baling or delivery of cardboard, or any part thereof, or arising out of or in
any manner connected with the agreed upon work described in Section 1.
CONTRACTOR shall indemnify, defend and hold OWNER harmless from any and all
injury, cost, loss, liability, expense or damage, or claim thereof, including reasonable
attorney's fees.
5. MODIFICATION OF AGREEMENT:
Any modification of this agreement or additional obligation assumed by either party in
connection with this agreement shall be binding only if evidenced in writing signed by
each party or an authorized representative of each party.
6. ATTORNEY'S FEES:
In any legal action brought by either party to enforce any of the terms of the Agreement,
the prevailing party shall be entitled to all costs and expenses incurred in connection with
such action, including reasonable attorney fees. Any and all legal action brought under
this agreement or related to this agreement must be brought in Gallatin County.
IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and
year first above written.
OWNER:
CITY OF BOZEMAN
By:CJ);.wl_1~\
Chris A. Kukulski
City Manager
.ATTEg:[:::...:
Brit Font"enu{/
City Clerk _-~
STATE OF MONT ANA
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County of Gallatin )
On this fp""- day of ~ ,200~beforeme, the
undersigned a Notary Public for the Stat'e of Montan , personally appeared CHRIS A.
KUKULSKI and BRIT FONTENOT, known to me to be the City Manager and City
Clerk, respectively, of the City of Bozeman and the persons whose names are subscribed
to the within instrument and acknowledged to me that they executed the same for and on
behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
~_ - -..::: :: (SEAL)
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Printed Name
Notary Public for the State of Montana
Residing in Gallatin County, Montana
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STATE OF MONTANA )
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County of Gallatin )
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On this l t, day of _~ort,La...~ ' 200~, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
ba.~\ d L-e\Jex'e.++ , known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
(SEAL)
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Notary Public for the State of Montana
Residing in Gallatin County, Montana
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