HomeMy WebLinkAboutByrnes_Pool_Acid_Agreement_5.5.2025 Docusign Envelope ID:B87311AC-1F53-44E2-A15B-6F984BA01E81
ACCO CHEMICAL SYSTEM USAGE AGREEMENT # 04152025
ACCO Unlimited Corporation("ACCO")and the City of Waterloo,Iowa ("Customer")agree to as follows:
ACCO shall sell to Customer and Customer shall purchase from ACCO,Customer's total requirements of
ACCO Hydro?-L at$4.45 per/gallon for a period of 36 Months commencing on May 1,2025.
Thereafter,this agreement shall automatically continue for successive one-year terms unless it is terminated by either party,in
writing,with a 60-day notice after Customer provides ACCO the opportunity to negotiate and discuss reasons for termination.
Chemical pricing listed above shall remain unchanged for one season following the effective date of this agreement.
ACCO reserves the right to adjust(increase/decrease)pricing on an annual basis due to changes in the chemical industry
supply,transportation,taxes,insurance,and government regulations.
The system/equipment will be located at Byrnes Park Swimming Pool-801 Campbell Ave.Waterloo,IA 50701
and consists of the following:
Chemical resistant tank(s)with berm and cam-lock fill connections per customer needs and space requirements.
Add-On:ACCO Pump Progam Option
ACCO Pump Program Option Includes:Chemical feed pumps and points of injection(corporation stop not included)will be provided by ACCO for Customer use.Backup units,parts,and
spare tubing will be provided on-site or shipped upon notification of malfunction of on-line unit.Customer responsible for operation of feed pumps including priming,cleaning of points of
injection,installation of backup units or tubing and return of pumps to ACCO for repair as necessary.Spring delivery and winter service of equipment provided by ACCO.
The system/equipment shall remain,at all times,the sole and exclusive property of ACCO Unlimited Corporation.
The ACCO Advantage — ACCO provides the following courtesy services as applicable: Routine visits to check
equipment and chemical inventory as necessary, water testing/analysis and recommendations for changes in water
chemistry parameters and/or operations, in-person and phone availability for troubleshooting and assistance.
Products will be delivered to Customer by ACCO in accordance with ACCO's regular truck route schedule.
Installation, maintenance, and service to be provided to Customer for all elected system/equipment listed above at no charge
for the first season. Routine maintenance parts (if any) are chargeable to Customer following the first season
of usage. System related labor is at no charge. Equipment to be maintained and serviced by ACCO as needed
and regularly scheduled. Customer responsible for daily maintenance of equipment provided. Labor rates apply for: Moving
elected system/equipment to a different location from where originally installed and any tank cleaning by Customer request.
The system shall be operated only by Customer and its employees who are authorized to operate the system/equipment
elected. Customer shall take the proper cautions that are necessary to protect the equipment from vandalism and other damages,
and shall maintain liability insurance and insurance against loss, theft, damage, or destruction of the equipment. In no event
shall ACCO be liable for loss of profits, loss of use, direct or indirect damages of any kind in connection with or arising out of
the Customer's personnel,performance,maintenance,or use of the equipment or product.
Customer may not contract with, assign, or transfer this agreement or its rights hereunder. In the event that a notice of
termination is not honored, Customer agrees to pay a penalty of$500 in addition to any labor/trip costs for equipment removal
and chemical disposal fees.
This agreement hall be governed by and construed in accordance with the laws of the State of Iowa. This agreement supersedes
any and all prior agreements.
The undersigned has full authority to sign this agreement:
Customer Information: Additional Billing Information:
ACCO Unlimited Corporation City of Waterloo-Leisure Services (319)291-4370
5105 NW Johnston Dr. 1101 Campbell Ave
Johnston,IA 50131
515-278-0487 Waterloo,IA 50701
EDocu Signed by:
6WAtfi A, Rof
Operations Manager Mayor
04/08/2025 5/5/2025