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1 <br /> ` � PRICING AGREEMENT <br /> ;� , <br />� THIS AGREEMENT, between the City of Decatur, ("City"), and Sternberg Lighting, its <br /> successors or assigns, ("Vendor�), shall be deemed to be entered into on the date executed by <br /> the Mayor of the City of Decatur. <br /> In and for consideration of the undertakings hereinafter described, the City and the Vendor <br /> agree as follows: <br /> 1. Duration and Purpose of Agreement: This agreement shall be effective through <br /> December 31, 2018. For the full duration of the agreement, the City may make purchases <br /> of the products described herein from the Vendor and the Vendor agrees to manufacture, <br /> provide, sell, and deliver the same to the City pursuant to this agreement. <br /> 2. Product Description: The Vendor agrees to manufacture, provide, sell, and deliver to the <br /> City the following products, as proposed in their Quotation No. 73638, dated May 5, 2008. <br /> Throughout the course of this agreement, the Vendor agrees to provide the same design <br /> and composition initially selected by the City for each product and subcomponent thereof <br /> unless the City specifies otherwise. <br /> A. Pedestrian Street Light Luminaire: LRC16T/ CW/TAPT/ 70MH TBDv MED/STD <br /> FINISH per Quotation No. 73638 as attached hereto. <br /> B. Pedestrian Street Light Pole: 8412.5TSQ / BCC /GFI / STD FINISH per Quotation <br /> No. 73638 as attached hereto. <br /> All attached exhibits identified in Section 2 are incorporated into this agreement and made <br /> a part hereof. <br /> 3. Product Coordination Provisions: When a product is shipped in separate components, <br /> the Vendor shall ship all components with packaging identification and instructions that <br /> permit the components to be assembled into a unit upon delivery. <br /> 4. Pricing Structure: All prices shall be calculated in US Dollars. The initial Base Unit Price <br /> for each product shall be fixed at the price stated the Vendor's Quotation No. 73638, dated <br /> May 5, 2008 for all products that the City orders on or before December 31, 2008. <br /> 5. Economic Adjustment Clause: Price adjustments will not be allowed before December <br /> 31, 2008, and price adjustments thereafter will be performed prior to the issuance of a <br /> purchase order and will be based on the Sternberg 10 Year Pricing Agreement for City of <br /> Decatur, Illinois as attached hereto and made a part of the Agreement. <br /> 6. Shipping Costs: Shipping costs for delivery within the City of Decatur, Illinois, are <br /> included for orders of 10 complete lighting units or more. For orders of less than 10 <br /> complete lighting units, the City shall be responsible for shipping costs. All shipments <br /> shall be FOB destination and with freight prepaid by Vendor. <br /> 7. Quantity of Products Ordered: The City does not guarantee it will purchase any certain <br /> quantity of products at any time and reserves the right to determine quantities purchased, <br /> if any, at its sole discretion. There is no minimum order. References to quantities are <br /> expressly not incorporated into this agreement and shall be disregarded. <br /> 8. Terms of Payment: The Vendor's standard provisions for 30-day net payment and <br /> discounts apply. <br /> 9. Warranty: The Vendor's warranties for all products delivered pursuant to this agreement <br /> are attached and incorporated herein. All warranty periods shall begin on the date when <br /> the City accepts the products as conforming to the requirements of the specifications. <br />