Agmt13 Golden State FLow Measurement Inc.

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Product Warranty: All products supplied shall be guaranteed against defects in materials and workmanship for a period of at least forty (40) months from the date of shipment or thirty six (36) months from the date of installation, or the industry standard whichever period is longer.The cost of replacing any defective product shall be at the Vendor's expense. For meters 5/8" x 3/4", 3/4", and 1" the meter register shall have a 20 year battery performance guarantee with hourly reading intervals. Replacement shall be at no cost for the first ten (10) years from the date of shipment, and for the remaining ten (10)years, at a prorated percentage. For meters 1 %"through 10"the meter register shall have a 10-year battery performance guarantee. The expected life of the battery powering the AMI communication module is twenty (20) years or more. Normal operating conditions require the battery to power the AMI communication module and provide six (6) data transmissions per day. The Vendor will provide the City with a battery warranty and pro-rated compensation schedule for batteries not lasting twenty (20) years. Batteries failing within ten (10) years of purchase shall be replaced by Vendor at no charge to City including any and all associated module shipping and replacement costs. Safety: All services and merchandise must comply with current health and safety regulations of the California Department of Industrial Relations and CAL/OSHA. Hazardous Materials: All materials subjected to the requirements of the State of California Code of Regulations,Title 8,Article 110, Section 5194, must be identified. Material Safety Data Sheet (MSDS): All hazardous materials must be accompanied by a MSDS at the time of delivery.The City will not accept hazardous materials without the required MSDS. Unrestricted Quantities: The City is not limited in its ability to purchase any or all of its products or requirements through this agreement. Changes: The City shall retain the right to add, delete or change line items under the contract and may do so upon giving written notice to the Vendor. If such changes cause an increase or a reduction to the line item costs, the adjusted prices shall be incorporated into the contract upon agreement between the Vendor and the City. Independent Contractor: It is understood and agreed that Vendor (including Vendor's employees) is an independent Contractor and that no relationship of employee-employer exist between the Parties hereto. Indemnification: Vendor shall indemnify, defend and hold harmless City, its City Council, officers, directors, agents, employees, and volunteers from and against any and all claims, demands, actions, losses, liabilities, damages, and costs, including reasonable attorneys' fees, arising out of or relating to this Agreement, and products supplied under this Agreement, regardless of whether caused in part by a party indemnified hereunder. Interest and Late Charges: Pursuant to Government Code Section 926.10, interest or late charges shall not exceed 6 percent per annum. Such charges commence the 61st day from the receipt date of the original undisputed invoice. Annual Report: It shall be agreed that Vendor will track the type and quantity of items purchased by the City departments during the contract period and be willing to work with the issuing officer Page 2 of 5 ATTY/AGR/2013.090/PURCHASING AGREEMENT(GOLDEN STATE FLOW MEASUREMENT) REV:06-6-13 MLG