FORM 113

SUPPLY PURCHASE AGREEMENT  

            AGREEMENT made between__________________________ (Governmental Entity), a political subdivision of the state of Idaho, herein "ENTITY" and________________ herein "SUPPLIER."

            THE PARTIES AGREE AS FOLLOWS:

            1.            PURCHASE OF SUPPLIES:  ENTITY agrees to purchase the following materials and supplies from SUPPLIER on a continuing basis, namely:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

            2.            PURCHASE PRICE, INVOICING, AND PAYMENT:  ENTITY agrees to pay SUPPLIER an agreed price for these supplies based upon a monthly price list submitted to ENTITY BY SUPPLIER by the fifth day of each month, and approved by the endorsement of the signature of an authorized representative of ENTITY, which price list shall be applicable for all purchases made during that calendar month.  SUPPLIER shall give ENTITY a detailed invoice of all items purchased during a calendar month [with copies of the written orders attached] and ENTITY agrees to pay said invoices in accordance with standard payment practices.

            3.            ORDERING AND DELIVERY:  All orders for supplies for ENTITY must be in writing on ENTITY forms or stationery; provided, oral orders may be made for supplies if confirmed in writing within seven days.  SUPPLIER agrees to deliver the supplies to any place within the ENTITY as specified by the ENTITY, within_____________ days of the placement of the order.  Any supplies not delivered within said period may be rejected by ENTITY.

            4.            QUALITY:  SUPPLIER guarantees that all supplies sold to ENTITY under this Agreement shall be of a quality at least equal to the quality of supplies shown and demonstrated to ENTITY by SUPPLIER.  ENTITY may reject any supplies not meeting this quality and SUPPLIER shall be liable to ENTITY for damages for any supplies not meeting this requirement.

            5.            TERMINATION:  This Agreement may be terminated immediately by either party as to supplies not then delivered, by a written notice of termination given to the other party.

            6.            ENTIRE AGREEMENT: This is the entire agreement of the parties and can only be modified or amended in writing by the parties.

            7.            ATTORNEY FEES:  Reasonable attorney fees shall be awarded to the prevailing party in any action to enforce this Agreement or to declare forfeiture or termination.

            DATED this _______ day of _______________, 20_____.

Form and content approved by __________________ as attorney for _______________ (Governmental Entity).