2016-06-28-minutes-hr-study-session

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PURCHASE CONTRACT No. KVEC - 0307 AGREEMENT made the 28th day of June, 2016, between KITTITAS COUNTY, a subdivision of the State of Washington (hereinafter referred to as "COUNTY"), and Circle Lazy H, Inc., UBI Number 601114158 (herein after referred to as "SELLER") . SELLER is hereby selling and COUNTY is hereby purchasing the following goods from SELLER subject to the price, terms, and conditions herein after set forth. I. GOODS No. of Units Goods Unit Price Total 670 Cu Yds. *Topsoil- Unscreened $16.20 per Cubic Yard $10,854 Includes Tax Includes Tax *Topsoil selection based on consultation with the Director, Kittitas Valley Event Center II. DELIVERY DATE Deliver to start on or after July 5th, 2016 I1I. TERMS 1. This Agreement is a legal, valid and binding obligation of the SELLER. 2. All of the goods being sold to COUNTY by SELLER are and shall be delivered free and clear of any and all liens and encumbrances, and new and in working condition. 3. All of the warranties and representations of SELLER shall survive closing of this contract. 4. The COUNTY shall not be obliged to make payment until the goods, and any documents of title thereto (with all necessary endorsements thereon) shall have been delivered to COUNTY at the Kittitas Valley Event Center, 901 E. 7th Avenue, Suite 1, Ellensburg, WA, 98926. Not withstanding the terms of any document of title to the goods, COUNTY shall be entitled to inspect all goods before making payment therefore. 5. The parties agree that if the goods delivered under this contract are not as warranted, SELLER, at there sole expense shall repair or replace the non -conforming goods. Additionally, a liquidated damage fee in the amount of Fifty (50) dollars per day shall be assessed against SELLER for each day that the goods are late for their initial delivery or otherwise are not in possession of COUNTY due to them being repaired or replaced because of non -conformity. 6. The goods shall be shipped by the SELLER F.O.B. COUNTY at Department of Public Works, 411 North Ruby, Suite 1, Ellensburg, WA, 98926. 7. This writing is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of their agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this agreement. Whenever a term defined by the Uniform Commercial Code is used in this Agreement, the definition contained in the code is to control. 8. This Agreement can be modified or rescinded only by a writing signed by both parties or their duly sworn authorized agents.