Loading...
PARK O- METER- MECHANISMS PURCHASE CONTRACT PROPOSAL NUMBER 31562 .. , , is) Rockwell MANUFACTURING COMPANY THE ROCKWELL BUILDING. PITTSBURGH, PENNSYLVANIA 15208 . TELEPHONE: (412) 241-8400 September 30, 1964 Mr. R. G. Whitehead, City Clerk City of Clearwater P.O. Box 1348 C1earwater~ Florida 33517 Dear Mr. Whitehead: We are enclosing a copy of Contract No. 31562 signed by our Vice- President, Mr. J. G. Hoyt,as requested in your letter of September 15, 1964. We indeed appreciate the opportunity to serve you and if we can be of further assistance, please feel free to contact us. AUTOMATICALLY yours, 9 ;lmcl-u&"fi1IiJ rJ. L. MCCU(lough 7'-"/ Sales Manager Parking,.Meter Division Encl.sure JLMcC/eaj } /t' I I" U' ~"" , j{ ~. . c , 'r / liic/ '// ~ 0/1 tv1fj) 9/ -.,t::---~' '- ,;. A fftvyf'I' / (",/. '~-:.\. ' ~,/ ~/ 1/ /0~6Y ..-w~~_...... '" // r ! jO,:' <0-" /1,"- ., ",' - I I - ROCKWELL MANUFACTURING COMPANY e Rockwell Building Pittsburgh, Pennsylvania 15208 PROPOSAL NO. 31S62 For the installation of..--.--.JOO--I.ocn.ll- -,..rk-.o~~..I6Icll.. f ........ ........_ ......._.._._.,............... m..........m..........in: cn....~JLOUDA SEer ON I Rockwell Manufacturing Company offers....._ _._. _ __ --18ckw-.l1- -fP'k'!'!O.tU-..-.c....1aJIIl.m..m .m.,............m........FOB. factory on the following terms: ' ITEM: ,.rk......t.r ......t.......U.V.l'eG ..____.... _.._.._....._ ______- _ ...... ________.._ _f_ ~~!. !~_ _ __ _ ~ _~.. Sing Ie Automatic Parking Meters-complete._.. _._.......m. ... ..m.....___ ...__._n.m_.__._..........._ .m'm. ....m........._.$.._........................ Freight Prepaid to Desti nation__ _ h. __._.__ _. ._.. '''_h.....m..m.._ _ .n_' .m_. __ ___.__uu_.___... m .n.___ ..m..m..mm.m.m...$.._-__..m.... ...m..._ Pipe Sta nd a rd _ _ _.... on _ _ _ _.._ _ _ _.... _ _ _'.. _. _ _ _ _.. _ _. _ _._ _ _ _............... n......." _ _. _ _ _ _ _ _. _ _. h _ _ n..... _._.. u. _ _. _ _ __ h n h _ _ _... h _ _.. _ __. _ _ _$. _ _... ~:: _~:~_. h. ..__ _.. _ _...,. Base Fla nge. _ _ _ _.. __ _. _................... h.. h............_......__ .__......... _ _. _. _ _ _.. _. _ _ _" _ _ _ _ u_ h............. h'"'' _ ._"'_,....,., ...... _... _ _ .$_ _ _.._~_:-:::~.. h. _,h..' _ _ u _ -. e Installation of Standard and Flange by Company......m_mU___hn.hh__h_h__h_m.._m.nmn_nUh_....____m.._..____$m"_~~~!."____._..m.._m.. 200 11l1t, hi," et"tOll It." 1at.. to 1''' .. foUow.: ._~______".I'..___..___......._...__.._..f_..h~~-!':.__*_... 1 Itekel-30 alut.., 1 DiM-l houl', 1 Qu.rtel'-q 110.1" 10 ,.md.. 8 .... to 6'..., ....,. __ laoU4&7' aeept..a INTEREST AND DISCOUNT: This bid includes interest in the amount of _1\.. % per meter, which interest charge is included in the bid and is based upon the anticipated time that it will take to liquidate or pay in full the contract. For payment with- in thirty (30) days after invoicing, the Municipality may take the above referred to interest item as a cash discount on each meter purchased. SECTION II DELIVERY: Upon execution of the contract embodying this Proposal, the Company shall deliver the parking meters purchased within.1S.~30days thereafter and if requested by the Municipality, shall commence installation of the meters after arrival at destination. e SECTION III SERVICE TRAINING: The Company will instruct a mechanic designated by the Municipality in the service and maintenance of the meters at the time of the installation of the meters. COMPANY'S COPY I . 'tIr._._. - SECTION IV TRIAL PERIOD: The trial period, if any, as to each quantity of meters purchased pursuant to this Proposal, shall be the period of time set forth in Item 6 of the Purchase Contract to which this Proposal is attached and of which this Proposal is a part, and shall commence on the day when such quantity of meters shall have been installed and placed in operation. If no period be specified in said Item 6 of said Purchase Contract, then there shall be no trial period. _ If, but only if, a trial period shall have been specified in said Item 6 of said Purchase Contract, the Municipality may cancel .. any Purchase Contract made pursuant to this Proposal by resolution of its Council, duly and lawfully adopted; but only if such resolution shall be so adopted, and a duly certified copy thereof forwarded by registered mail to Rockwell Manufac- turing Company, Pittsburgh, Pennsylvania, within fifteen (15) days before expiration of the trial period of the meters pur- chased under such contract. The Company will remove the meters at its own expense within thirty (30) days after receipt of such resolution and restore any streets or sidewalks in or upon which said meters were located to line and grade at its expense. Any period of time during a trial period in which the meters are not in operation because of litigation, or in which the Municipality does not properly operate and service or duly enforce the ordinances pertaining to the meters, shall be excluded in computing the trial period. In the event of the removal of the meters, either at the expiration of the trial period by reason of cancellation of the contract by the Municipality as hereinabove provided, or by reason of the cancellation thereof by the Company as herein provided, or by reason of the final order of a court of last resort, then and in any of said events, all moneys then or theretofore due and owed to the Company from the receipts of said meters shall be remitted to the Company by the Municipality, and the Com- pany shall have the absolute and unqualified right to do any acts necessary to take possession of and remove said meters, and shall not be held accountable to the Municipality for any moneys paid or to be paid to the Company out of the receipts of said meters, but shall be entitled to receive and retain the same-as a reasonable rental for the liseof sard metersoy the Muncipality. SECTION V Prior to the installation of such meters (and the commencement of such trial period, if any), the Municipality shall duly and lawfully enact, and during such trial period, if any, and at all times until complete payment for the meters shall have been made, shall duly and lawfully enforce all ordinances, and shall take any or all other actions, reasonably necessary and ex- pedient to provide for the proper operation of the meters, and the prompt and proper collection, accounting, and payment to the Company of its share of the receipts therefor, and the Municipality shall maintain said parking meters installed in good operating condition until they have been paid for in full. SECTION VI PAYMENT: The Municipality shall pay the purchase price of said meters by the following methods of payment: 1. The Municipality shall retain fifty (50%) percent of the gross revenue of said meters each month during the life of this a contract and until all the meters are paid for in full. Payments of the Company's share, fifty (50%) percent of said .. revenue shall be remitted to the Company not later than the fifteenth (15) day of each month until all the meters are paid for in full, and the first payment shall be made to th e Company not later than the fifteenth (15) day of the month following the month in which the meters are installed. 2. For payment within thirty (30) days after invoicing, the Municipality may take the interest item, SECTION I-Page 1, as a cash discount on each meter purchased. . SECTION VII TITLE TO METERS AND RISK OF LOSS: Title to the meters and risk of loss shall pass to the Municipality upon delivery of the meters to common carrier at factory. Upon complete payment of the entire purchase price, the Company shall deliver to the Municipality such written notice of title as may be necessary to show full payment therefor. -- ~~ SECTION VIII REPOSSESSION OF METERS: In the event that the Municipality shall materially breach this agreement, the Company may termi- nate the contract by giving the Municipality written notice of intention to do so and may remove the meters without incurring any liability to the Municipality, in which event title to the merers shall revest in the Company. This right to repossess the meters shall be in addition to any and all other rights and remedies given to the Company by law. SECTION IX PATENTS: The Company agrees to protect the Municipality and save it harmless from all liability imposed upon it by law for the infringement of patents in the purchase, installation and use by said Municipality of parking meters from the Company un- der contract proposed hereby, and to defend said Municipality in any suit against it asserting such patent infringement; pro- vided, however, that said Municipality shall notify the Company immediately of the assertion of any claim of alleged patent infringement, or the institution of any suit asserting the same against it, shall forward to the Company every such demand, notice, summons or other process received by it, shall cooperate fully with the Company and its attorneys, and shall cause its officers and employees to aid in securing and giving evidence, obtaining the attendance of witnesses, and generally give all reasonable assistance to the Company and its attorneys in the defense of such suits. SECTION X BONDS: When awarded a contract pursuant to this proposal, and if required by the Municipality, the Company will furnish e a suitable performance bond. If the Company procures the installation of the meters, the contractor selected by it if re- quested by the Municipality will furnish the Company a Contractor's Bond or Insurance indemnifying the Company and the Municipality against Public Liability, Property Damage and Workmen's Compensation claims. 2 -, I , . - SECTION XI INSTALLATION: Installation shall be either by the Company or by the Municipality, as the latter may elect. If installation is made by the Company, such installation shall be made by a contractor selected by the Company, acceptable to the Munici- pality, under the supervision of the Company, and according to the Company's specifications. Installation shall be subject to the approval of designated Municipal officials. SECTION XII GUARANTEE: The Company warrants its products only against defects in materials or workmanship, and makes no express or implied warranty of any kind with respect to the products except as set forth herein. The Company's liability and cus- tomer's exclusive remedy under this warranty or any warranty extends for a period of one (1) year from the date of the Company's shipment and is expressly limited to repayment of the purchase price upon return of the products, repair, or re- placement, at the Company's option, during said period, upon proof satisfactory to the Company and upon customer's re- turning and prepaying all charges on such products to factory or warehouse designated by the Company. SECTION XIII TAXES: Prices herein quoted do not include applicable Federal, State or Local Sales, Use or other taxes, if any. To the extent permitted by law, and if imposed upon the transaction hereby contemplated, or upon the Company by reason thereof, same shall be paid by the Municipality, or it shall reimburse the Company for such taxes paid by the Company. e SECTION XIV FORCE MAJEURE: The consequences, director indirect, or labor troubles, floods, fires, accidents, hostilities, shortage of trans- portation, failure, suspension or curtailment of production due to shortage of supply of raw materials or other economic factors, Government acts or requirements and any and all like or different causes beyond the control of the parties hereto shall excuse performance by either party to the extent by which performance is prevented thereby. The Company may, dur- ing any period of shortage, due to any of said causes, prorate its supply of such goods among all its buyers in such manner as may be deemed equitable in the sole judgment of the company. SECTION XV SUBSTITUTE MATERIAL: The Company reserves the right to furnish substitutes for materials which cannot be reasonably ob- tained because of any restrictions, voluntarily or compulsorily established by or in connection with any governmental authority. SECTION XVI EXPIRATION: This quotation is firm for a period thirty (30) days from dClte hereof. If during such thirty (30) days, the Municipality desires to award a contract to the Company pursuant hereto and in accordance herewith, it may execute the attached contract and submit the same, in duplicate, to the Company. No contract shall be binding upon the Company until accepted, in writing by a Vice President of the Company at its office in Pittsburgh, Pennsylvania. The contract when signed by the Municipality and the Company shall contain the final, complete agreement between the parties, and there shall be no other term, understanding, or agreement except as incorporated in said contract. _ _ _ _ _ _ _ --- _ _h _ --R..- -.... _ -..tar _ _ _ _ _ _ _ -- _ _ -- _ _ -- _ _ -- _ _ _ _ _ _ __ _ _ -- _ _ _, _ _ __ _ ____ ROCKWEll MANUFACTURING COMPANY - - - -- - - - - - - - - -- --t.- - e..- - .ox-- - 242 - -_ - - __ - - __ - - __ - - __ - - __ - - __ - on - ____ - __ _ - on e -----------------Lak.--J...l.....,--..t-tll--CUOliaa,--m ) "// :,::E:_>~~C.-:-U- 3 .. ..~ , f"- '--~~ , OCT 2 1964 e PURCHASE CONTRACT CITY CLERK PROPOSAL No. 31562 Pursuant to the terms and conditions set out in the Proposal of Rockwell Manufacturing Company, attached hereto and made a part hereof, and in consideration of said Company's acceptance hereof, the._hhCU.t7-m__ of.'n_..X'ff..t.r....ll~~~~.m' hereby agrees: 1. To purchase...__'.....~1r.--=._i......_____.._. for not less thanm___.lOO____m_m:__._m_..____m..m____mmm____m___ car spaces, nor more than______m____I.m__u_____mm__________ car spaces, at a unit Price of $__~!t,~t___.__._________mn__.._m____ per Single car space, or $_____mmmm___per Twin car space. 2. Install ation by: Compa ny _ _ _ __ _ _ _. _. _ _ _ _ u _ _. _ _ _ _ the__ m. _ _. _ _.. _ _ _ u_ __ _ _ __ _ _._ _ _ _._. u _ _ _m _ of..___ _ m_ ____.._ _ _ _ _ _ _ ___. m..._ _ __ _ m_ m_ m_ _ _ _.__.___m_. 3. To remit to the Company payments in liquidation of the purchase price of said meters and accessories, as follows: 'e1MBt.'u tIt..._1... to ".... ~ the C1t)' ~_ttU... to tile CoIIpaa, '1.00 tar 1IIeChaal.. Jer ....t1a al.... la c....tl... -.atllly pqaeat. r..,..t to atert SO day. I.... elat. 0' ..~ 1...01e.. 4. Enforcement Period for Time and Instruction Plates:_m___l....1g.1..._3Q__Jld.tW_'_....___t...~~l..k~r.lm_mm____m_mm__ ---.----1--q.art.erl'!24-~..--AO.-'..1ea....-a.......-to.-.....J...-...--luMq..--aU.-.haUdq..--~ta4..-------___ e 5. Number Plates: .__mmm____n_.______uh h__ ____ _h _ ____.. to...._______.m_nn__m__m______m. m_______m_' inclusive. 6. _ _ _ __ _ _ __ _ _ _ _ _ _ __ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _. _ __._ __ ___ _ _ ____ _ _ _ ____ _ ____ _ _ ___ ___ _ _ ___ ____ _ ___ __ _ _... ___. _._ ____. _.. __ __ __________ ____ __ _ ____ _ ______ ______ ________ _..... _._""_____________ __ _____ 7. The Company's proposal and attached specifications are made a part of this Agreement as fully as though specifically incorporated herein. IN WITNESS WHEREOF, the_______________ ---m--------Cu,--.------9'Air!fm-----Gl...&t.I'..--~~-L-:-------h------ . executes this agreement in the manner required by law this__..__m__I___.____m__mmmmm__ day Of.~~-m-m--m 19_6Y-_. ~~,_.--nm~:nQ~~ ITLE: __ ___ ____________ __g.~_~y_M_<?:~_<?:K~~_-_~_.:,-_:---.--.-m-----.m e A TIEST: D ATE: _ _ _ S.ep_ t_ emb_e.t:__l.7_ ,..__1_9_6A__ _ _ m __ _ _ __n__" __ __ __ _ _.. _ _m_ 4 ! f\ ciTY o~- ::~~~~:~::\~~._t PUR~HASING DEPARTMENT P. 0. BOX 1348 PHONE 442-6131 CLEARWATER, FlORIDA 33517 . I '. . nooituG Stores " = --" PURCHASE ORDER ;," .j~. ...s.., \ No I . I- I_ IMPORTANT, THIS NUMBER i MUST APPEAR ON All INVOICES. : PACKAGES, PACKING SLIPS, I CORRESPONDENCE AND i BilLS OF lADING. 3758 r RodoMll "fg.Co. S Hr. f'. T. Weisenberger . 5918 Albert "ace s.rasota, fla. I PLEASE SHIP THE ITEMS LISTED BELOW THAT HAVE NOT BEEN DELETED. THIS ORDER IS FOR PART OR ALL OF THE ITEMS COV- ERED BY THE CITY'S REQUEST fOR QUOTATION NUMBER SHOWN BELOW. . . \ , 1. Render .11 'Involces In duplicate, .lhOWln9 P'O', number\...' ....... 2. Mail Invoices end B/L on same dey shipment Is mad.. . : 3. Advile et once of eny .horteges or delay in shipment. : 4. Ship cheep.st wey unl... otherwise specified. ',' 5. Notify before shipping If price of eny Item II not .1 lpeclfied: "'-', hereon. - .i ,II I . I ~ L VENDOR NO. -.J , ., ~ IP TO: Central Stores. 111 HaDl.St. Clea.......t.r. fla. ---.- MATERIAL MUST BE SHIPPED BY I SHIP VIA: REQUEST FOR TE OF ORDER et:ember7. 1965 30 days QUOTATION NO. I TERMS: F.O.B. CL.E.,.{WATER I ATE SALES TAX EXEMPTION ..~ . I .RT, NO. 04.0002.3-02.-62. s~~ .R..lt"\w Yes i s I '=]"'- DESCRIPTION . TOTAL PRICE u/M ...M i QU~NTITY COMMODITY CODE UNIT ""ICIl l I , ,'. AI tormat.lld 'I I I I I 12 12...lnute 'ark-o-Keters Jt4.7S $ 537iOO ] 170 S-hoaat '.rk-G-Keters ,",,75 7,G07JSO [ '25 to-hour ;,...k-O-Keta,s ~.7S I 5,593,75 I (finish: S i 1 \Ie r) [ $13173~25 I .' As per City of Clearwaterspeclffc:atleas ami I ( ,your quotation "atH 12/2/oS I ! Approved by thy CoRDisslon , 21"'S ( I [ ( [ [ I $2.00 I City to pay per me te r per month I I I .' I J I I , I FOLLOW-UP INFORMATION RECEIVING a INVOICING INFORMATION I :1 -- !140W I TO 'I )"T;: TO WHOM WILL REMARKS I 2 3 4 3 S 7 . DATil RR, NO, INV, --~ SHIP INV. NO. AMOUNT ~,:i ;{t' /J.. )-- S(: jny.;..j //" _._- /) ,\~';; r- , - - " u.c - : '. .. -..-'. . , ~,-- : "'i )A" ;..1 l'TI;' 3 EXPEDITING COpy /.v// . 1/ ;i! \l