HomeMy WebLinkAbout15- Purchase Agreement - Neo Solutions, Inc. - Polymer for Water Reclamation Facility BID PURCHASE AGREEMENT
THIS AAGUEEMENT is made this Znd day of November,2015,by and between the CITY
OF-BOZEMAN,, a municipal corporation org*2i Pd and existing under the laws of the'State of
Montana, 121 North Rouse Ave., Montana 59715, hereinafter referred to as "City," and Neo
Solutions,Inc.with a mailing address of P.O.Box 26,1340 Brighton Road,Beaver,PA.].5009,
hereinafter referred-to as ("geller").
-In consideration of the mutual promises and agreements hereinafter.contained,the parties
agree as follows:
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1. PROPERTY I"URCRA.SED: .Seller agrees to sell and City agrees to purchase the
property requested and described in the City's Bid Specifications_all of which'is incorporated into
this Purchase Agreement by this reference. The'total quantity of-pioperty which city is obligated
to purchase shall be the total of-the quantities ordered, delivered and accepted, By acceptipg this
Purchase Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured
products of all machines, software, hardware, materials and .other devices furnished under this
Purchase Agreement which arc not of the Seller's.design, corriposition, or manufacture shall be
free and clear of inffingement of any valid patent; copyright, or trademark. Seller shall hold the
City harmless'Rdm any and all costs and expenses,including aftorney fees, liability, and loss of
any kind growing out of claims, suits,,or actions•alleging such infringement, and Seller agrees to
defend such claims,suits,or actions.
The property being purchased("Property")consists.of;
Neo Solutions product NS 4413 in tote:containers
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PRICE: $1.64 per pound Delivered
2. SPECIFICATIONS: The Seller agrees-that all material and.worlananship in and
upon this Property complies with the City's Bid Specifications as shown on the Seller's Bid Form
and.the Selle?s xesponse thereto as accepted by the City. Unless otherwise agreed to by the City,
the City's Bid Specifications as shown on the Seller's Bid Form govern in the event. of
inconsistencies With the Seller's response to the same. �
3. rRICE: The City agrees to pay$1.64 per pound as the purchase price: The price .
is to include-any,applicable local, state or f'cderal taxes:that may be applied to the Property to be
purchased: This price is firm:and not subject to escalation unless agreed to in writing by the City !
for one year.
4: DELI'11�R�x' AND PAYMENT: Seller assumes full responsibility for all r
transportation, iransportatian scheduling, packing, hanchling, insurance, and other served
associated with delivery of the.Property. Seller agrees to_deliver the above-described Property to
the City within thirty(30) days_of the receipt:of City',s order. Delivery will occur at the City:of
Paretipse Agreement
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services or assign any rights or claims under this Purchase Agreement without the express written
consent of City.
S. ENTIRE AGREEMENT: This Agreement, including its appendices, if any,
embodies the entire understanding between the parties relating to the subject matter contained
herein. No agent or representative of either party has authority to make any representations,
statements, warranties or agreements not herein expressed and all modifications or amendments
of this Agreement, including the appendices, must be in writing and signed by an authorized
representative of each of the parties hereto.
9. APPLICABILITY: This Agreement and any extensions hereof shall be governed
and construed in accordance with the laws of the State of Montana, and the same is binding upon
the parties,their heirs, successors, and assigns.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first above written.
Neo Solutions, Inc.
CITY OF BOZEMAN
SELLER(Type Name Above)
By
Chris A.Kukulski,City Manager Print Name:
Print Title:
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APPROVED;ASO F RM:
By_
Greg Sulliva ,City Attorney
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