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FY2020-09 Equipment purchase agreement with Greer Tank Inc.KODIAK ISLAND BOROUGH EQUIPMENT PURCHASE AGREEMENT Contract No. 2020-09 THIS AGREEMENT made this 51' day of December 2019, between the Kodiak Island Borough, acting by and through its Borough Manager, party of the first part, and Greer Tank, Inc of PO Box 190708, Anchorage, Alaska 99519, hereinafter called the Distributor. WITNESSETH: That the Distributor, for and in consideration of the payment or payments herein specified and agreed to by the party of the first part, hereby covenants and agrees to furnish a FUEL TANK for the Kodiak Island Borough per the Specifications [part of the Contract Documents] for same and for the sum of Fifty Two Thousand One Hundred Twenty Two & 00/100 ($52,122.00) Dollars. The Distributor further covenants and agrees that the manufacturing of said FUEL TANK shall be done to the complete satisfaction of the Kodiak Island Borough, subject to inspection at all times and approval by any participating agency of the Government of the United States of America, and in accordance with the laws of the State of Alaska and rules and regulations of said Federal Agency. The Distributor further covenants and agrees that the manufacturing of said FUEL TANK shall be done and performed in the best and most workmanlike manner and that all and every of said materials and labor shall be in strict and entire conformity in every respect with the Specifications: that he will abide by and perform all stipulations, covenants, and agreements specified in the Contract Documents, all of which are by reference hereby made a part of this Contract, as to all premises therein: and in case any of said materials or labor shall be rejected by the Borough Manager or his assistant or authorized representative, as defective or unsuitable, then the said materials shall be removed or replaced with other approved materials and the said labor shall be done anew to the satisfaction and the approval of the Borough Manager or his representatives, at the cost and expense of the Distributor. To the fullest extent permitted by law, the Distributor agrees to defend, pay on behalf of, indemnify and hold harmless the Kodiak Island Borough, its elected and appointed officials, employees and volunteers and others working on behalf of the Kodiak Island Borough against any and all claims, demands, suits or loss, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the Kodiak Island Borough, its elected and appointed officials, employees, volunteers or others working on behalf of the Kodiak Island Borough, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with this Agreement. The agreement entered into by the acceptance of the Distributor's bid and the signing of this Agreement consists of the following documents all of which are component parts of said Agreement and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. 1. Agreement 2. Invitation to Bid dated October 10, 2019 In the event of any conflict or inconsistency between any of the foregoing documents, the conflict or inconsistency shall be resolved upon the basis of the numerical order. The document or documents assigned the small number or numbers being controlling over any documents having a larger number in the numerical order set forth above. The Distributor further covenants and agrees that said FUEL TANK shall be furnished and delivered to the satisfaction of the herein aforementioned Borough Manager, on or before January 31, 2020. It is expressly understood and agreed that in case of the failure on the part the Distributor for any reason, except with the written consent of the Borough Manager, to complete the furnishing and delivery of said FUEL TANK before the aforesaid date, the party of the first part shall have the right to deduct from any monies due or which may become due the Distributor, or if no monies shall be due, the party of the first part shall have the right to recover One Hundred Dollars ($ 100) per day for each and every calendar day elapsing between the time stipulated, and the actual date of delivery in accordance with the terms thereof: said deduction to be made, or said sum to be recovered not as penalty, but as liquidated damages. Provided, however, that upon receipt of written notice from the Distributor of the existing causes over which said Distributor has no control and which must delay the delivery of said FUEL TANK, the Borough Manager may at his discretion, extend the period herein before specified for the delivery of the said FUEL TANK, and in such case the Distributor shall become liable for said liquidated damages for delays commencing from the date on which said extended period shall expire. The Distributor hereby agrees to receive the prices set forth in the proposal as full compensation for delivering the FUEL TANK to complete said Agreement to the satisfaction of the Borough Manager. It is further distinctly agreed that the said Distributor shall not assign this contract, or any part thereof or any right to any of the monies to be paid him hereunder. Payment for services rendered under this Agreement shall be made by the Kodiak Island Borough within thirty [30] days of delivery, acceptance by the Kodiak Island Borough and invoicing by Distributor. IN WITNESS WHEREOF, The Kodiak Island Borough Manager, by authority in him vested, has executed this contract on behalf of the Kodiak Island Borough, and the said Greer Tank, Inc have hereunto set their hands and seals, the day and year first above written. KO=1,B— Michael Powers. Borough Manager PISTKBUTORI ::L-� _ • As Attest: Tara Welinsky Boroughs Clerk O JAN 2 < <u20 x-963 „LASKA