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HomeMy WebLinkAbout22-050 - City of SeaTac - Purchase of Salt Brine22-050 Council Approval N/A CONTRACT FOR SALT BRINE THIS CONTRACT is made and entered into by and between the City of SeaTac, hereinafter referred to as the "City" and the City of Tukwila hereinafter referred to as the "Purchaser", upon the following terms and conditions. 1. Term. This Contract shall be in effect from January 1, 2022 through December 31, 2025, This Contract may be terminated by either party for any reason upon 30 days written notice. 2. Nature of Transaction. City agrees to sell, and Purchaser agrees to purchase liquid salt brine. The Purchaser shall notify the City at 206.973.4770 prior to the purchase and pick-up of any purchased salt brine. The City is under no obligation to sell salt brine to the purchaser if, in the sole determination of the City, the City is unable or unwilling to accommodate the request. Providing salt brine under the terms of this Agreement in on an "as available" basis. 3. Indemnification and Hold Harmless. The Purchaser shall defend, indemnify and hold harmless the City, its employees, directors, officers, officials and agents from any and all loss, liability, claims, damages, death, or injury to any person or property, caused by the Purchaser's use of any salt brine purchased from the City. The Purchaser assumes all risk by the use of salt brine provided by the City. Such defense, indemnity and hold harmless shall also include any and all attorney fees and court costs incurred to enforce this paragraph. Purchaser agrees that all salt Brine purchased from the City is made without any warranty and is acquired on an "as -is" basis. It is the Purchaser's responsibility to inspect and verify the concentration of any salt brine purchased in order to ensure it is suitable for Purchaser's use. 4. Price. Purchaser acknowledges that the current price of .48 per gallon and may fluctuate for time to time based on the cost of materials. Any changes in the price will be provided by the City to the Purchaser prior to pick-up. The City shall provide monthly invoices for all salt brine purchased under the terms of this Agreement and the Purchaser shall pay such invoices within 45 days of receipt. 5. Administration. This Contract shall be administered by the parties listed below. Any written notices required by terms of this Contract shall be served or mailed as follows: If to the City: Public Works Maintenance City of SeaTac - City Hall 4800 South 188th Street SeaTac, WA 98188 CITY OF SEATAC oe. By: Name: & 1 ,& Ly Il Title: J(o)iL WofKK ri4. av"a6 Date: Lt If to the Purchaser: Public Works Maintenance City of Tukwila -City Hall 6200 Southcenter Boulevard Tukwila, Wa 98188 PURCHASER By: Name: Hari Ponnekanti Title: Public Works Director Date: 04/21/2022