Agmt19 Pierce Manufacturing Inc.

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ORIGINAL PURCHASE AGREEMENT FOR GOODS, COMMODITIES, AND SERVICES This Purchase Agreement forgoods, commodities and services ('Purchase Agreement") is made and entered into on this ?' °1 day of A?iztL- 2019 (the 'Effective Date") by and between Pierce Manufacturing Inc., a Wisconsin corporation ("Vendor"), and the CITY OF REDWOOD CITY, a California municipal corporation ("City"). City and Vendor are sometimes referred to hereinafter individually as "Party" and collectively as "Parties." RECITALS WHEREAS, on January 25, 2017, the City of Philadelphia released a Request for Bid (RFB) for the purchase of one Aerial Fire Apparatus—Compact Design; and WHEREAS, the City of Philadelphia received three bids by the February 13, 2017 bid deadline; and WHEREAS, Vendor submitted the lowest responsive and responsible bid received by the City of Philadelphia; and WHEREAS, the City of Philadelphia awarded the contract to Vendor with an initial period of one year, with three additional terms of one year; and WHEREAS, the awarded contract between the City of Philadelphia and Vendor included an "Other Public Agency Purchases" provision, allowing other public agencies to also purchase Aerial Fire Apparatus; and WHEREAS, City now desires to purchase the agreed upon goods from Vendor pursuant to the terms and conditions of this Purchase Agreement. NOW THEREFORE, in consideration of the faithful performance of the terms and conditions set forth in this Purchase Agreement, the Parties hereto agree as follows: 1. PURCHASE OF GOODS & SERVICES. The City agrees to purchase, and Vendor agrees to sell, the goods ("Goods") and to provide the services related to the installation or delivery of such goods ("Services") set forth in the Pierce proposal attached as Exhibit A. The Goods shall be in compliance with all of the standards and specifications set forth in Exhibit A, and the Services shall be provided in a manner consistent with that level of care and skill ordinarily exercised by members in the same profession, practicing in the same locality under similar conditions. There shall be no substitution of Goods or Services, without the prior written authorization of the City. 2. DELIVERY DATE. The Goods must be shipped and must arrive at the destination specified on Exhibit A, and Services must be provided by the Vendor by the request date specified on Exhibit A ("Required Delivery Date"). Any failure by the Vendor to meet the Required Delivery Date will constitute a material default of this Purchase Agreement and the Page 1 of 7 REV: 03-28-19 MI ATTY/AGR.2019.073/Pierce Manufacturing, Inc.