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HomeMy Public PortalAboutORD11112 BILL NO. 88-92 SPONSORED BY COUNCILMAN HALSEY ORDINANCE NO. 111119— AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THARP HOME CENTER, FOR PROVISION OF HARDWARE SUPPLIES FOR ALL CITY DEPARTMENTS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Tharp Home Center for provision of hardware supplies for all City Departments. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed ��_ � 3, /� f(F Approved e�e 7 � /�;bd sid 0 icer r ATTEST: v C�J City Clerk SERVICE AGREEMENT THIS CONTRACT, made and entered into this 416C- day of (J� 1988, by and between Tharp Home Lumber Center, hereinafter called "seller", and the City of Jefferson, Missouri, a municipal corporation, hereinafter called "City". WITNESSETH: That whereas, the seller has become the lowest responsible bidder for furnishing hardware supplies; NOW, THEREFORE, The parties to this contract agree to the following: 1. The Seller agrees to furnish and deliver, and the City agrees to receive, hardware supplies not required for City use on a regular or recurring basis. Any single order by the City shall not exceed one hundred fifty dollars ($150. 00) in amount. 2. The City agrees to pay, and the Seller agrees to accept as full payment therefor, the current list price of the items procured less twenty-six percent (26%) . 3. The Seller shall submit a monthly statement of items purchased pursuant to this contract to the City Finance Department with an original copy of any invoice showing quantity, list price, and discount. Payments will be processed monthly by the City Finance Department. 4. The Seller warrants title to the materials provided to the City pursuant to this contract and that said material is free and clear from all liens, contracts, chattel mortgages, security interests, or other encumbrances; that the seller has the lawful right to dispose of and sell the same and the seller will warrant and defend the title thereto against all claims whatsoever. 5. This contract shall be in force for one (1) year from the date of the execution of this contract. The City reserves the right to renew this contract at the same terms and conditions for two additional one year periods upon the mutual consent of both the City and the seller. Either party may terminate this contract by providing at least ninety (90) days prior written notice to the other party. 6. The seller agrees to defend, indemnify, and save the City harmless from and against all claims, suits and actions of every description, brought against the City and from all damage and costs by reason or on account of any injuries or damages received or sustained by any person or persons, or their property, or by seller, its employees or agents in the performance of this contract, or by any negligence or carelessness in the performance of the same, or on account of any act or omission of the seller, its employees or agents, or arising out of the award of this contract to seller. 7. IN TESTIMONY Whgreof, the pa ie ave hereunto set their hands and seals this day of _, 1988. CITY OF JEFFERSON, MISSOURI Ma ATTEST: City Clerk By 41e ATTEST: Secretary