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REV: 06-30-2021 RL <br />PURCHASE AGREEMENT <br />FOR GOODS, COMMODITIES, AND SERVICES <br />This Purchase Agreement for goods, commodities and services (“Purchase <br />Agreement”) is made and entered into on this ______ day of ______________ 20__ (the <br />“Effective Date”) by and between Bauer Compressors, a Virginia corporation (“Vendor”), <br />and the City of Redwood City, a California charter city and municipal corporation (“City”). <br />City and Vendor are sometimes referred to hereinafter individually as “Party” and <br />collectively as “Parties.” <br />RECITALS <br />A. Following a solicitation process, Vendor submitted the lowest responsive <br />and responsible bid received by City. <br />B. City now desires to purchase the agreed upon goods and services from <br />Vendor pursuant to the terms and conditions of this Purchase Agreement. <br />NOW THEREFORE, in consideration of the faithful performance of the terms and <br />conditions set forth in this Purchase Agreement, the Parties hereto agree as follows: <br />1. Purchase of Goods and Services. City agrees to purchase, and Vendor agrees to <br />sell, the goods (“Goods”) and to provide any services related to the installation or delivery <br />of the Goods (“Services”) set forth in Exhibit “A,” which is attached hereto and <br />incorporated by reference. There will be no substitution of Goods or Services without the <br />prior written authorization of City. <br />2. Delivery Date. The Goods must be shipped and must arrive at the destination <br />specified in Section 16 of this Purchase Agreement or as otherwise specified by City. <br />Services must be provided by Vendor by the request date specified by City (“Required <br />Delivery Date”). Any failure by Vendor to meet the Required Delivery Date will constitute <br />a material default of this Purchase Agreement and City may cancel any Goods not <br />delivered in a timely manner without liability. Vendor must notify City immediately if <br />Vendor reasonably believes Vendor will not be able to meet the Required Delivery Date <br />for any reason and provide City with a schedule that Vendor reasonably believes it will be <br />able to meet. It is within City’s discretion whether it will accept the revised schedule. <br />3. Purchase Price. The purchase price for the Goods and Services will be Forty- <br />Three Thousand, One Hundred Dollars and Thirteen Cents ($43,101.13) made in one <br />installment pursuant to a City purchase order made out to Vendor. Payment will be due <br />forty-five (45) days from City’s receipt of an invoice for the Goods and Services, provided <br />that Vendor will not invoice City until all Goods have been delivered and accepted in <br />accordance with the terms of the Purchase Agreement. Vendor represents that the prices <br />quoted to or paid by City will not exceed current prices charged to any other customer by <br />Vendor on the Effective Date for items that are the same or substantially similar to the <br />Goods, taking into consideration the quantity under consideration. Vendor will <br />immediately refund any amounts paid by City in excess of such current prices. Unless <br />otherwise noted in this Agreement or the Bid Documents, the purchase price will include <br />all shipping and delivery costs. <br />ATTY/AGR.2021.162/Bauer Compressors (Page 1 of 9)