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HomeMy WebLinkAboutA5-05 WRF ChemicalsSection D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on January 4, 200 5 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City , and Basic Chemical Solutions,hereinafter referred to as Contractor . WITNESSETH : WHEREAS, City invited bids for chemicals to treat water and wastewater per Specification No . 90505 . WHEREAS, pursuant to said invitation, Contractor submitted a proposal to supply the Water Reclamation Facility with Sodium Bisulfite at 8 .577/gallon that was accepted by City for said chemical s and services . NOW THEREFORE, in consideration of their mutual promises, obligations and covenant s hereinafter contained, the parties hereto agree as follows : 1. TERM . The term of this Agreement shall be from the date this Agreement is made an d entered, as first written above, until January 31, 2006 . 2.INCORPORATION BY REFERENCE .City Specification No . 90505 and Contractor's proposal dated December 15, 2004 are hereby incorporated in and made a part of thi s Agreement. 3. CITY'S OBLIGATIONS . For providing chemicals and services as specified in thi s Agreement, City will pay and Contractor shall receive payments ., on the aetil4 quantities 9t,4 0 and received by City and the unitprices bid by Contractor, 4.CONTRACTOR'S OBLIGATIONS . For and in consideration of th e payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agree s with City to provide chemicals as described in Exhibit A ,a't p ed hereto Ian, incorporated intA this, Agreement . 5.AMENDMENTS . Any amendment, modification or variation from the terms of thi s Agreement shall be in writing and shall be effective only upon approval by the City Administrative Office r of the City . 6.COMPLETE AGREEMENT. This written Agreement, including all writing s specifically incorporated herein by reference, shall constitute the complete agreement between the partie s hereto. No oral agreement, understanding or representation not reduced to writing and specificall y incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto . 7. NOTICE . All written notices to the parties hereto shall be sent by United States mail , postage prepaid by registered or certified mail addressed as follows : Finance Departmen t City of San Luis Obisp o 990 Palm Street San Luis Obispo, CA 9340 1 Basic Chemical Solutions 12522 Los Nietos Roa d Santa Fe Springs, CA 9067 0 8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenan t that each individual executing this agreement on behalf of each party is a person duly authorized an d empowered to execute Agreements for such party . City Contracto r IN WITNESS WHEREOF, the p a and year first above written es hereto have caused this instrument to be executed the da y CITY OF SAN LUIS OBISP O CONTRACTOR By : W City Admtnistt4tive Office r APPROVED AS TO FORM : B