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, . <br />? • <br />a . I `a <br />AGREEMENT TO PURCHASE TRIPLE <br />COMBINATION PUMPER AND EQUIPMENT <br />This Agreement is made and entered into this _L5 A <br />:day ofNovember, 2001 by and <br />between the City of North Olmsted (hereinafter refened to as the City), Cuyahoga County and <br />State of Ohio and Pierce Manufacturing, Inc., 2600 American Drive, Appleton, WI 54913 <br />(hereinafter referred to as "Pierce"): <br />Witnesseth <br />WHEREAS, the City Council of the City of North Olmsted adopted Resolution No. <br />2001-96 authorizing the Director of Public Safety to advertise for bids for one Fire Pumper <br />Truck consistent with specifications developed by his office and to be presented to prospective <br />bidders; and <br />WHEREAS, after lawfully advertising for bids consistent with said resolution, the Board <br />of Control of the City met on September 27, 2001 considered the bids submitted and awarded <br />said bid to Pierce Manufacturing, Inc. in the amount of Three Hundred Ninety-Six Thousand <br />Dollars ($396,000); and <br />WHEREAS, the parties agree as follows: <br />1. In consideration of the bid price as aforesaid Pierce expressly agrees that the <br />subject Fire Pumper Truck shall be manufactured and delivered to the City in accordance with <br />the specifications which are attached hereto and made a part hereof and marked Exhibit A. <br />2. There shall be no deviations from the attached specifications unless agreed upon <br />by the parties in writing. In the event the parties find it necessary to deviate and agree in writing, <br />price adjustments must be agreed upon in the same written memorandum. <br />3. All warranty documents for component parts shall be delivered to the City upon <br />completion of the contract and delivery of the unit. <br />4. Any and all reference to times in the specifications for completion, delivery, <br />training and the like shall be strictly adhered to with the understanding that time is of the <br />essence. <br />5. Pierce shall strictly adhere to all requirements in the specifications whenever <br />Pierce is required during the manufacturing process to consult with the City regarding the <br />manufacture of said Pumper Truck. <br />6. The City shall pay to Pierce the contract price of Three Hundred Ninety-Six <br />Thousand Dollars ($396,000) upon the delivery of the pumper truck and equipment all as <br />provided for in the attached specifications.