Agmt25 Waterplay Solutions Corp.

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REV: 04-30-25 JB PURCHASE AGREEMENT FOR GOODS, COMMODITIES, AND SERVICES This Purchase Agreement for goods, commodities and services (“Purchase Agreement”) is made and entered into on this ______ day of ______________ 20__ (the “Effective Date”) by and between Waterplay Solutions Corp., a Foreign State Entity with a United States address in Flower Mound, Texas and registered with the California Secretary of State (“Vendor”), and the City of Redwood City, a California charter city and municipal corporation (“City”). City and Vendor are sometimes referred to hereinafter individually as “Party” and collectively as “Parties.” RECITALS A. The City is utilizing a cooperative purchasing program, Sourcewell, to secure the best product at the lowest possible price. B. The City Council of Redwood City approved City’s purchase of spray ground equipment from Vendor on March 10, 2025. C. City now desires to purchase the agreed upon goods and services 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 and Services. City agrees to purchase, and Vendor agrees to sell, the goods (“Goods”) and delivery of the Goods (“Services”) The Goods will be in compliance with all of the standards and specifications set forth in Exhibit A and the Services will 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 will be no substitution of Goods or Services without the prior written authorization of City. 2. Delivery Date. The Goods must be shipped and must arrive at the destination specified in Section 16 of this Purchase Agreement within seven (7) weeks for in-ground items (bases, ground sprays) and eighteen (18) weeks for above ground features after the City of Redwood City notifies Waterplay to begin production or as otherwise specified by City. Services must be provided by Vendor by the request date specified by City (“Required Delivery Date”). Any failure by Vendor to meet the Required Delivery Date will constitute a material default of this Purchase Agreement and City may cancel any Goods not delivered in a timely manner without liability. Vendor must notify City immediately if Vendor reasonably believes Vendor will not be able to meet the Required Delivery Date for any reason and provide City with a schedule that Vendor reasonably believes it will be able to meet. It is within City’s discretion whether it will accept the revised schedule. ATTY/AGR.2025.080/Makr Group (Waterplay by Makr Hoover Park Sprayground) (Page 1 of 14) 13th June 25