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Section 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 Kemiron Companies Inc .,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 Ferrous Chloride at $.9703 / gallon that was accepted by City for sai d
chemicals 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 14, 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 p ad y } ti upon ;the ,flial yuaiiti
and received by City S(Oliin itprices bicj'liy'oirhni
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 'describedip Exhibit A attached hereto and ilicorperated into 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 o r
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 Department
City of San Luis Obisp o
990 Palm Street
San Luis Obispo, CA 9340 1
Kemiron Companies Inc .
3211 Clinton Parkway Ct .
Lawrence, KS 6604 7
8.AUTHORITY TO EXECUTE AGREEMENT .Both City and Contractor do covenant
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 .
IN WITNESS WHEREOF, the part ies hereto have caused this instrument to be executed the da y
and year first above written .
City
Contracto r
ATTEST :
APPROVED AS TO FORM :
CITY OF SAN LUIS OBISPO
By :
City Administra e Office r
CONTRACTO R
B