Agmt13 Golden State FLow Measurement Inc.

Browse Search

indicated above in developing an "annual estimated usage report." Termination and Non-appropriation: A. City may terminate this Agreement without cause upon thirty(30) days written notice to the other party. Notice shall be deemed served on the date of mailing. If notice of termination for cause is given by City to Vendor and it is later determined that Vendor was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to this paragraph (A). B. City may terminate this Agreement for cause immediately upon giving written notice to Vendor should Vendor materially fail to perform any of the covenants contained in this Agreement in the time and/or manner specified. In the event of such termination, City may proceed with the work in any manner deemed proper by City. If notice of termination for cause is given by City to Vendor and it is later determined that Vendor was not in default or the default was excusable, then the notice of termination shall be deemed to have been given without cause pursuant to paragraph (A) above. C. City may terminate or amend this Agreement immediately upon giving written notice to Vendor, 1) if advised that funds are not available from external sources for this Agreement or any portion thereof; 2) if funds in City's yearly proposed and/or final budget are not appropriated by City for this Agreement or any portion thereof; or 3) if funds that were previously appropriated for this Agreement are reduced, eliminated, and/or re-allocated by City as a result of mid-year budget reductions. D. If this Agreement is terminated under paragraph A or C above,Vendor shall only be paid for any products shipped and provided prior to notice of termination. In no event, however, shall City pay Vendor an amount which exceeds a pro rata portion of the Agreement total based on the portion of the Agreement term that has elapsed on the effective date of termination. E. Vendor shall not incur any expenses under this Agreement after notice of termination and shall cancel any outstanding expenses obligations to a third party that Vendor can legally cancel. General: Each meter shall have a unique manufacturer's Factory Serial Number permanently stamped on the body of the meter. A unique Factory Register Number (if separate from meter body) and unique Factory Communication Module ID are to be permanently printed on the register and communication module faceplates/nameplates respectively. Duplicate copies of all IDs along with their respective barcodes (code 128) are to be printed on a waterproof removable adhesive label (toe tag) and attached to either the assembly or individual part to assist Redwood City personnel in the recording of installation data. Meter Accuracy and Certification: A CD, DVD, USB memory stick, email file or suitable electronic file which lists the "Factory Body Number" and corresponding "Factory Register Number" must be mailed or transferred to the Public Works Division for each shipment of water meters.The information must be provided on a PC compatible, Microsoft Excel version 5 or later spread sheet.The spread sheet columns for the meter data shall be as follows: • Factory Body Serial Number • Factory Register Number • Meter size • Model Page 3 of 5 ATTY/AGR/2013.090/PURCHASING AGREEMENT(GOLDEN STATE FLOW MEASUREMENT) REV:06-6-13 MLG