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1955-09CITY OF CLERMONT LAKE COUNTY CLERMONT, FLORIDA May 18, 1955 The Dual Parking Meter Company, 1411 Fifth Street S. W. Canton 2, Ohio Gent lemen: With reference our contract with you and our telegram of April 21st. requesting you to hold shipment until further notice, the following action was taken on this matter at our Council meeting last night, May 17, 1955: 1. Installation of posts is desired at your convenience during the month of August, with delivery of meters in Clermont for installation the first of September. 2. Meters may be taken out of operation at any time between May 31st and September 30th of each year at the option of the Council. Your acceptance of this letter will alter our agreement with you as outlined above. Very truly yours, A M Johnson, City Clerk The above proposition is accepted Date May 27th, 1955 The Dual Parking Meter Company By VP Title ADDENDA TO PROPOSAL NO. 18561 FOR AND IN CONSIDERATION of the additional sum (as indicated below) to be paid by the City, Dual agrees to furnish the City the following coin counting and/or sorting machines (check selections): Klopp Hand Counter and Packager, Model "D" $212.00 The above prices quoted include Federal Excise Tax. This tax will be refunded upon the furnishing of a separate Municipal Tax Exemption Certificate covering each machine purchased. The certificates should be forwarded to Dual in duplicate. Copies of the certificate are attached for your convenience. IT IS AGREED by and between tte parties hereto that the purchase price of the coin counting and sorting machines hereinabove indicated shall be added to the purchase price set forth in the Proposal to which this agreement is an addenda and shall be paid in accordance with the provisions thereof. However, this machine is purchased on a trial basis the same as the Parking Meters purchased. The City of Clermont, FL By City Clerk Date: April 20, 1955 The Dual Parking Meter Company By Vice President Date April 21, 1955I THE DUAL PARKING METER COMPANY CABLE "DUPAMCO" CANTON 1411 Filth Street, S. W. CANTON 2, OHIO A SUBSIDIARY OF THE UNION METAL MANUFACTURING COMPANY May 27, 1955 Air Mail Mr. A. M. Johnson City Clerk City of Clermont Clermont, Florida Dear Sir We are pleased to enclose our signed copy of the addenda to the contract between your city and this Company for the supply of Dual Automatic Parking Meters. This addenda becomes a part of the contract and we are willing to abide by these terms and conditions. Very Truly yours J S Woodhouse Vice President THE DUAL PARKING METER COMPANY CANTON, OHIO PROPOSAL No 18561 ,For the Installation of Dual Automatic Parking Meters in City of Clermont, Fla. SECTION I The Dual Parking Meter Company (A wholly owned subsidiary of The Union Metal/Manufacturing Company of Canton, Ohio) offers Dual Parking Meters F. O. B. Canton, Ohio, on the following terms: ITEM Dual Automatic Parking Meters complete with Time and Instruction Plate, Number Plates, Expansion Anchor Assembly, and equipped for" dump" type Coin Collection System: Single Dual Automatic $55.50 Dbl Dual Automatic $90.00 Pipe Standard @ 3.25 and Base Flange @ .75 4.00 Freight Prepaid to Destination .50 Delivered Price Per Meter: Single Dual Automatic 60.00 Dble Dual Automatic 94.50 Add: For Installation of Standard and Flange by Company 4.50 Delivered and Installed Price per meter: Single Dual Automatic 64.50 Double Dual Automatic 99.00 Delivered and Installed Price per metered space Single Dual Automatic 64.50 Double Dual Automatic 49.50 Add for one coin box per single dual (sealed coin collection system) 1.00 For two extra coin boxes per double dual (sealed coin collection system) 3.00 Add: for furnishing & installing bumpter posts when needed $8.50 Delivery: single dual 15-30 days cash discount 5% thirty days Double dual 15-30 days cash discount 5% thirty days SECTION II ADDITIONAL EQUIPMENT AND MATERIAL INCLUDED IN QUOTED PRICE: 1. On contract orders for less than 500 meters, three (3) mechanisms and one (1) housing per 100 Single Dual Meters purchased; or six (6) mechanisms and one (1) Dbl housing per 100 Dbl Dual Meters purchased. 2. On contract orders for 500 or more, three (3) mechanisms and three (3) housings per 100 Single Dual Meters pur- chased; or six (6) mechanisms and three (3) Duhl housings per 100 Dubl Dual Meters purchased. 3. An assortment of spare maintenance parts, including glass, tension and torsion springs, rubber cement, main- springs, winding squares, keys, screws and nuts, etc., and service tools. 4. One coin collection cart or coin carrying cases furnished with each installation. 5. An adequate supply of mechanism and coin compartment keys. SECTION III SERVICE TRAINING: The Company will instruct a mechanic designated by the Municipalitl in the service and maintenance of the meters, at its factory service school, at the company's expense. Factory instruction of additional personnel is offered at no charge. PURCHASER'S COpy SECTION IV TRIAL PERIOD: The trial period, if any, as to each quantity of meters ,purchased pursuant to this Proposal, shall be the reriod of time set forth in Item 5 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 5 of said Purchase Contract, then there shall be no trial period. Prior to the installation of such meters (and the commencement of ;uch 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 neces- sary and expedient to provide for the proper operation of the meters, and the prompt and propr collection, accounting, and payment to the Company of its share of the receipts therefor, and the City shall maintain said parking meters in- stalled in good operating condition until they have been paid for in full. If, but only if, a trial period shall have been specified in said Item 5 of said Purchase Contract, the Municipality may can- cel 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 The Dual Parking Meter Company, Canton 2, Ohio, 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 con- tract 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 there- tofore due and owed to the Company from the receipts of said meters shall be remitted to the Company by the Munici- pality, and the Company 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 Com- pany out of the receipts of said meters, but shall be entitled to receive and retain the same as a reasonable rental for the use of said meters by the Municipality. SECTION V PAYMENT: The Municipality shall pay the purchase price of said meters by anyone of the following methods of payments: 1. The Municipality shall retain fifty (50%) percent of the gross revenue of said meters each month during the life of this 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 the Company not later than the fifteenth (15) day of the month following the month in which the meters are installed. 2. A cash discount in the amount of five (5%) percent will be allowed if payment in full is made by the Municipality within thirty (30) days after delivery or installation is completed. The Company waives all claims against all revenue or income of the Munioipality from any source whatsoever, other than the revenue derived from the operation of said meters, and expressly agrees that said Municipality is not obligated to pay for same out of any money, fund or revenue except that received through the operation of said meters. , SECTION VI TITLE TO METERS: Title to the meters shall be vested in the Municipality upon delivery of the meters to common carrier at Canton, Ohio and the Company shall not reacquire title thereto except by exercise by the Company or the Municipality of the optional cancellation provisions hereof, or by reason of the failure of the Municipality to perform its warranties and obligations, in any of which events, title to said meters shall, at the Company's option, revest in the Company. Upon complete pay- ment of the entire purchase price, the Company shall deliver to the Municipality such written evidence of title as may be necessary .to show full payment therefor. SECTION VII 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 Municipalit.y of parking meters from the Company under the contract proposed hereby, and to defend said Municipality in any suit against it asserting such patent infringe- ment; provided, 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 emplolees 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 VIII BONDS: .. When awarded a contract pursuant to this proposal, and if required by the Municipality, the Company will furnish a suitable performance bond. If the Company procures the installation of the meters, the contractor selected by it 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. '" ) SECTION IX 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 Municipality, 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 X DELIVERY AND INSTALLATION: Upon the approval and signature by both parties of a contract between the Company and the Municipality pursuant hereto and In accordance herewith, and within the time specified in the clause headed "Delivery" in Section I hereof, the Company shall after date thereof, begin delivery and, if required by said contract, installation of the meters at locations designated by the Municipality provided, however, that if the Company is unable to deliver, or commence or complete installation of, any or all meters within such time because of weather conditions, strikes, material or labor shortages, embargoes, fires, accidents or other causes beyond the control of the Company, then such time shall be extended by the period of such delay. SECTION XI GUARANTEE: The Company warrants the meters against defective workmanship and material for a period of twelve months from the date of installation, and agrees that it will rerlace any meter or parts that may prove to be defective within said twelve (12) months period. However, the Company will not replace or repaIr any meters that are destroyed or damaged by accident, malicious mischief, or, if installed by the Municipality, by defective installation, Or any other cause beyond the control of the Company. SECTION XII TAXES: Prices herein quoted do not include applicable Federal, State or Local Sales, Use or other taxes, if any. To the extent per- mitted 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 any such taxes paid by the Company. SECTION XIII ADDENDA: Attached hereto and forming a part hereof are certain specifications and lists, all of which are incorporated herein as though fully set forth. 1. Specifications for Dual Automatic Parking Meters. 2. General Specifications for installation of parking meters and four (4) accompanying drawings 3. List of Dual Installations and Sales. SECTION XIV EXPIRATION: These quotations shall remain in effect for a period of thirty (30) days from date hereof and for any additional period agreed to by the Company in writing. If during such thirty (30) day period or any extension or extensions thereof the Municipality desires to award a contract to the Company pursuant hereto and in accordance herewith, it shall cause the same to be prepared in full and submitted to the Company at its home office or shall execute the Purchase Contract page hereof and transmit same, in duplicate, to the Company. In either event any or all contracts are subject to acceptance by the Company at its office in Canton, Ohio within the period hereinbefore provided for or any extension or extensions thereof, SECTION XV PROPOSAL ALTERATIONS: This proposal comprises the entire pro:posed agreement between the yarties and is subject to final acceptance by the Com- pany. No agent of the Company or official of the Municipality shal have the power or authority to alter the terms and conditions of this proposal except the Company's President, Vice-President, Secretary or Treasurer. THE DUAL PARKING METER COMPANY J. Randolph Brown P.O. Box: 346 Ponte Vedra Beach, Florida By President By Assistant Treasurer PURCHASE CONTRACT NO 18561 Pursuant to the terms and conditions set out in the Proposal of The Dual Parking Meter Company, attached hereto and made a part hereof, and in consideration of said Company's acceptance hereof, the City of Clermont, Fla.. hereby agrees: 1. To purchase Dual Meters for not less than 120 Car Spaces nor more than 120 car spaces, at a unit price of $ 64.50 per single Dual Automatic Parking Meter, or 99.00 per double dual Automatic parking Meter required. Installation by the Company 2. To remit to the Company, payments in liquidation of the purchase price of said meters and access,ories, as follows: 50% of monthly collections 3. Enforcement period for Time and Instruction Plates (or Standard Drawing, Number): 8 AM - 6 PM Sundays and Holidays excepted 4. Number plates 1 to 120 inclusive. 5. Trial period Twelve (12) months. 6. The Company's proposal and attached specifications are made a part of this Agreement as fully as though speci- fically incorporated herein. IN WITNESS WHEREOF, The City of Clermont, Fla. executes this agreement in the manner required by law this 19th day of April 1955 City of Clermont, FL By Mayor ACCEPTED: The Dual parking meter company By Vice President Attest Assistant Treasurer Date: April 21, 1955 Attest President of Council City Clerk