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Memorandum of - ., •' <br />r .Sutphen Corporation <br />1. Intent: The City of La Porte, Texas desires to standardize its fleet of pumper trucks. <br />Standardization provides a number of benefits, such as uniformity of parts, streamlined <br />maintenance and parts replacement, and trucks can be more easily utilized by fire <br />personnel from each station because equipment and materials can be stored in identical <br />layouts among numerous trucks. Additionally, standardization can provide an <br />opportunity for the City to realize substantial cost savings, The Fleet Maintenance <br />Replacement schedule identifies five pumpers that will be due for replacement in the <br />next five years (2013-2017). The Fire Department conducted an evaluation of the <br />various manufacturers of pumper trucks and determined that Heavy Duty Sutphen <br />"Shield 2" pumpers provided the best truck for the department's needs. The City <br />recently placed an order for one of these pumpers based on the Austin Buy Board <br />Purchasing Cooperative, for an anticipated delivery in November 2012. <br />2. Standardization Implementation: The City accepts the proposal from Sutphen <br />Corporation (attached hereto as "Exhibit A" and incorporated by reference for all <br />purposes), which references the procurement of one (1) or more Heavy Duty Sutphen <br />"Shield S-2" pumper trucks and would like to take advantage of the offer to have the <br />option to purchase up to five (5) pumper trucks based of the time frame and pricing <br />structure included in the Sutphen proposal. The Sutphen proposal details the <br />specifications and pricing per the 2011-2012 Austin BuyBoard Contract #323-09 and the <br />requested amendment to the proposal, which included a minor change to 10/4 cable <br />and the addition of an Akron junction box totaling $640. <br />3. Appropriation by the City Council: It is mutually understood that unforeseen <br />circumstances could interrupt the equipment replacement schedule as it exists today. <br />Both parties recognize and accept that all purchases must be approved by the La Porte <br />City Council on a yearly basis and that the Council, in its sole discretion, has the right to <br />delay and/or eliminate funding in a given fiscal year for equipment included in the Fleet <br />Replacement Schedule. The City shall not be obligated to purchase any equipment in <br />the event that funding for equipment is not made available for any reason. <br />4. Change in Pricing: It is mutually understood that the pricing structure, as presented in <br />the attachments, shall represent the maximum price that would be charged for each <br />piece of equipment under this Memorandum of Understanding. Should more <br />advantageous pricing be available for identical equipment, the City shall have the right <br />to purchase equipment from Sutphen at the lower price. Additionally, it is also <br />understood that there may be mandated changes, like an EPA or NFPA requirement(s), <br />that may result in additional expense to the final cost. Both parties will mutually agree <br />