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HomeMy WebLinkAboutContracts & Agreements_1-1934 Redlands April 10th. 1934 City of Redlands, Redlands , California, We quote and agree to auDply, as follows on tank �mgpn or icturn able, dmi delivGrjes of Associatcd :,'lying "All Oasaline, Associated Green Gold Gasoline, Associated EtIVI Gasoline, Associated Thmil brite Yi-crosene and on S o ' ary 'Alvent, during th C �Oie begimming 1934 and ending F9'30 our prevailing posted not commorcial price, excluding Pederal Mccite Tem, if applied$ at tim and place of daliverj as pct cd at Redlando , on date of eaca deliar e-xy, mihich ie aB of today: Assoolated EtIVI Gasoline .115 per gallon &moelated Flying "All Gasoline 095 Aeoociated "reen ,,Id Gasoline 09 Asoociated 11"Irnbrite Kerosene #1 A000ei"ted Gtoddar(l P'vIveTit .12 but, in no event, shall your price at Redl,--mds, Calif. exceed $-136 per gallon for Associated Ethyl Gasolineo 1'4" *1112 per gallon for Associated dying A. Ganoline, 4105 per gallon an Associated Green G�)ld Gaaoline, the above easoline prices inalude State Vehiclo Tax but exclude Federal Excioe Tax; $16875 per Sall oij for Assooiated Darnbrite Kerosene, $.15 per gallon for Assoc'L:u,.ted Stoddard Solvent . our very truly, Met rop tail 011 "Diat:oibut.)xs Aceepted: 'o e City of Redlunds hi cqb, OFFICE RANN MR jF��q1-4- 11F AN At. STANDARD OIL BUILOINp 605 WEST TENTH STREET P O BOX 1390!STATION C7 Los .1�.\TGELLS, CAL. SALES DEPARTMENT T G TRAVIS April 9ths 1934 DISTRICT SALES ld AFdA CER H E GUNNELS A E EDWARDS R S KIRCHHOFFER ASSISTANT DISTRICT SALES MANAc ERS City of Redlands, Redlands, Calif* Gentlemen: We offer to supply your requir nt of Standard Gasoline for jthper d f three (3) months, beginning /93� and ending ®' , at oar posted tank t yi to your class of trade, at Ime an place ofddelivexy, including present State Motor Vehicle Fuel tax,, and excluding Federal Tax, with provision that at no time during the period above mentioned shall your price for deliveries of Standard Gasoline by tank truck or in iron barrels, at Redlands, California, be higher than twenty-five (25) per cent above the said pasted price to your class of trade on date of this bid® For your information onlys our posted price today$ for your class of trade, for tank truck and iron barrel deliveries, of Standard GgLso- line for deliveries at Redlands, is 0_4 per gallop, including present State Motor Vehicle Fuel. Tax and. excluding Federal tax on gasoline* To arrive at a m=imm price for period named above, this will be computed in the following manner: State and Federal Taxes will be deducted from our posted tank truck prices as of this date,, making per ga.11ono 25% of 6121' as 1.6258 waking a. total of 8.125� per gallono, Your maximum prase for tank truck de- liveries f.o®b® Redlands, during said period, will, therefore, be 8.125¢ per gallon plus State Tax of 3¢ per gallon and exoludang Federal. Tax of 1g per gallon* The price shown herein is exclusive of Federal. Tax on Gaso- line and is applicable to said product when used in the exercise of essen- tial governmental functions only, if used in the exercise of other than essential govermen.tal functions the federal tax of l cent per gallon on gasoline must be added to the price named and paid by buyer, IF i � P W&00 OUP PANT �__ ®,,,.e•,.-. icy:,.. The Standard. Oil Company of California expressly agrees to furnish under this contract only such material or supplies as are maned, manufactured, produced and/or supplied in observance of the Coda of Fair Competition for the petroleum industrye. i The prices herein stated do not include the California Retail Sales Tax . Such taxis When applicable, vrill be added as a separate item on all in- voices and payment made accordingly. The bidder certifies he is complying r'ri-h and will continue to com- ply with each approved code of fair competition to which he is subjects and if engaged in any trade or industry for whach there is no approved code of fair eompetitiont then as to such trade or industry he has become a party to and is complying with and Will continue to comply with an agreement with tho President under Section 4(a) of the National Industrial Recovery Act. I General.--Thin rider qualifies and is made a part of the proposal .o which it is attached and suparsades said proposal iii, all respects in which it is not in conformity therewith. 2 Correction for Tetaparature. In determining the net volume of fuel oils and road oils delivered hereunder adjustment in volume owing to difference in temperature shall be made in accordance with Abridged Voluma Correction Table for Petroleum Oils, Supplement to Circular No 154 of the U S. Bureau of Standards issued October 8th, 1925 3 Definition of Barrel and Gallon:The term Barrel' whe-i used herein designates and is equivalent to forty two (42, American bull. gallons when applying to Fuel Oil and Road Oil and fifty (50) American bulk gallons when applying to Refined Oils, Naphtha products and Lubricating products. 4 Containers.---Standard Oil Company of California s steel barrels or drums used in making delivery of products as p-o vided Hereunder shall be returned to Standard Oil Company of California at point of delivery in good condition and within ninety days from date of delivery All such steel barrels or drums not returned as above are to be invoiced and paid for at six Dollars ($ 6+00) each, within 30 days from date of such invoice 5 Terms---Refined Oils, Naphtha products and Lubricating products, 30 days net Fuel Oil, Asphalt, Road Oils' Net, IOth of month following delivery 5 Inspection and Acceptance.—The inspection of the products herein specified for determination of quantity and quality shall be made in the presence of properly accredited representatives of the Buyer and of the Standard Oil Company of California at time of each delivery If properly accredited representatives of the Buyer are not present at such time of inspection then the Standard Oil Company of Californias measurements and determination of quantity and qu-ility shall be deemed correct and no products shall be rejected or claim as to quantity or quality allowed therefor after delivery thereof 7 Quantities Limited.-- The quantities of products to be delivered hereunder shalt not exceC , the estimated maximum by more than percent except with the written consent of the Stanasrd Oil Company of C form 8 Termination of Deliveries---No deliveries of products will be made hereunder after 9. Patents.It is agreed that the Standard Oil Company of California s haoilities as to Pate .Rights and Copyr•ghts shrill ingement of Patent ights or he manufacturo or saletof arti leseori matenalstthat are fmanuf enured bynthe Standard t*i for daages for rOil Company of California{ and suppliet claims dundet this agreemnt 10 Charge or Tax.---Any tai. imposed by any governmental authority upon the production, niarufacture,storage,transporta t'an or sale of the said goads delivered hereunder, or upon any nessel or pipe line used therein, shall be added to the stated price of the said products, and shall be paid to the Standard Oil Company of California together with the prices offered and if not so paid the obligation to make deliveries shall terminate unless the Standard Oil Company of California elects to pay such tax or charge I l Prevention of Performance.---There shall be no obligation to deliver or to receive or use the said products when and while, and to the extent that the receiving or using, or manufacturing or making deliveries in the customary manner are prevented or hindered by act of God fire, strike, partial or total interruption of loss or shortage of transportation facilities, or lockout com- mandecring of raw materials, products, plants or facilities, or by other similar or different acts of civil or military authorities, or by other causes beyond the control. of the parties whether similar to the causes herembefcre specified or not 12. Breach of Agreement.--In the event of a breach of any obligation hereby created, to deliver and to receive the products herein specified, the measure of the estimated requirements of any product herein agreed to be sold and purchased for the un- expired term hereof, shall be the average monthly use of said product during the month that said product was used for the purposes above stated (or otherwise, if no particular purpose is specified) not exceeding 12 months next preceding such breach, and the damages for such breach shall be the difference, if any, between the price herein fixed and the market price of the undelivered products at the nearest market to the place of delivery and at the time of the breach All claims for special, consequential, or other damages, different from those hereinbefore set forth are hereby waived The waiver of any breach of any provision hereof shall not be deemed to be a waiver of any other provision hereof, or of any subsequent breach of such provision. 13 Acceptance.—The proposal is made conditional on acceptance within - 30 days from .� 9- 04t and if not so accepted automatically becomes cancelled Los Angeles,Cal.if., STANDARD OIL COMPANY OFCALlFOltl�iA April. 9, 1934 By ry V 1032 Ass t L.Dist*Sal es ll� FORM 401 L-A 7.23 50M Ir + PRODUCERS AND REFINERS OF CRUDEOIL,FUELOIL,ROAD OIL AND ASPHALT, UNION GASOLINE KEROSENE AND DISTILLATE, RED LIN E' LUSRICATING OILSANDGREASES ROOM 500 UNiON OIL BUILDING TUCKER 7211 617 WEST 71H STRrET Los Aiicgeles,G-ilif. April 6, 1934- City 934City of Redlands Redlands California Gentlemen. Please refer to our recent agreement of March 81„ 1934, as executed. + We are advised of an informal ruling Which permits us to compute the top price in said agreement on our prices named therain, ex all taxes. Theroforo, ,your prices Will not exceed those named in said agreement, exclusive of all taxes, by more than 25/0 thereof plus applicable State and Federal Taxes. Your top price Vill be in aecord.anec vdith the above instead of upon the top price basis as outlined in seas agroemont, unlcss a final ruling is received which is contrary to the above. We assure you that it is at ;11 tines our desire to take care of your valued business to the very best of our ability. Very truly yours, Division Manager � 1 � /z� FONM 21.511 6 33 20M PRINTED 1H U 6 A UNION OIL COMPANY OF CALIFORNIA MEMORANDUM OF AGREEMENT City of Redlands .Redlands, Calif. CUSTOMEP CITY ADDRESS city - EFFECTIVE DATE . 3-31-Z4 BUSINESS OR CLASSIFICATION city UNION OIL COMPANY OF CALIFORNIA Please enter our order for the followin-- products at the prices stated YEARLY REQUIREMENTS PKG COMMODITY PRICE PER GAL MINIMUM I MAXIMUM 10000 15000 Tank wagon deliveries .C9 Union 76 Gasoline. 'rices named in this contract on gasoline are seller's federal tax excluded not tank track price to commercial trade today's date and include 3,$ California State tax and excludes 1 Federal tax. T ese prices appy vj2en. product is purchased for use In the exercise of an essential Governmental function qty, aau ,proper ieuera> rax exempzion oerr.:Lr -ces ranulsnec otherwise federal tax attaches and mast be paid. by bu"r. It is agreed that in the event of an increase or rediacticn ta—"11,ere tax traok price for like commodity to commercial trade at Doints