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HomeMy Public PortalAboutORD10334 BILL NO. O`�-' 5- 7 SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH FRED A. LAFSER, d/b/a RIVER CITY FLORIST AND GREENHOUSE FOR THE MAINTENANCE OF INTERIOR PLANTSCAPF. IN THE JOHN G. CHRISTY MUNICIPAL BUILDING. BE IT ORDAINED BY THE CITY 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 Fred A. Lafser, d/b/a River City Florist and Greenhouse for the maintenance of interior plantscape in the John G. Christy Municipal Building for the sum of $1, 188.00. 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 Approved iA r s id Ing Office aor ATTEST; City 1clerk f EXHIBIT A n CONTRACT FOR MAINTAINING THE INTERIOR PI.ANTSCAPE IN THE JOHN G. CHRISTY MUNICIPAL BUILDING JEFFERSON CITY, MISSOURI This contract is entered into this PA day of 190A, by and between the City of Jefferson City, Missouri, Party of the First Part, and Party of the Second Part. WHEREAS, the City Council of the City of Jefferson, Missouri, did on �Iq day of 19 _, award to the Party of the Second Part, „ - C the contract for the maintaining of the interior plantscape work for the John G. Christy Municipal Building. NOW, THEREFORE, for and in consideration of the awarding of a this contract and the work thereunder by said First Party hereto, the City of Jefferson, Missouri, to the Second Party, the said Second Party does hereby contract and agree to do and per- form said work, above specified and referred to and to accept payment therefore in the following manner: At the end of each quarter (3 month period) the Contractor shall submit a statement to the City specifying the amount due and that the maintenance has been performed for the three .(3) preceding months. On receipt of the statement the City shall pay to the Contractor a sum equal to one-fourth of the contract amount provided that the maintenance services have been performed in a satisfactory manner. Every payment shall be subject to receipt of a state- ment from the Contractor which specifies the amount due and payable under the terms of this contract. The maximum sum to be paid under this Contract is an amount not to exceed $ I/eg. 1,W NOW, BY THESE PRESENTS, it is agreed and understood by the parties hereto, this contract is entered into subject to all existing ordinances; that all questions arising as to the proper performance of this contract shall be decided by the Director of Planning and Code Enforcement, of the City of Jefferson, Missouri, or by such competent persons appointed by the Mayor and the City Council of the City of Jefferson to supervise and super- intend said work in the place of and instead of such Director of Planning and Code Enforcement. The Contractor agrees to commence work on November 11 1904 and to continue the weekly maintenance work for a period of one calendar year. The City retains the right. of extending this contract from year to year to a maximum of three (3) years with the vendor. Increases, if any, may be requested by the vendor and negotiated with the City each year, sixty (60) days prior to the contract termination. Sixty (60) days written notice is needed for cancellation of this contract by either party. Renewal shall be conditioned upon availability of funds. In the case of improper- maintenance the City reserves the right at any time to suspend, re-let, and to declare the contract forfeited; but that such suspension, re-letting or forfeiture shall not affect the right r � f of the City to recover all damages due it by reason of the Con- tractor's non-compliance with this contract. The Second Party agrees to provide weekly maintenance for the interior plantings in the John G. Christy Municipal Building. Maintenance work shall include watering, inspection for pests and disease, pruning and cleaning, fertilizing, mulching and pesticide application. The Contractor shall be responsible for replacing deteriorated plants under his care. The maintenance and replacement provisions of this contract shall be limited to the seven (7) containerized plants and the plantings installed in 'the City's 19' x 6' x 2' atrium. Replacement plants, if any, shall meet the plant materials specifications and be installed in accord- ance with the provisions of the specifications and bid documents dated July 17, 1983. Water needed for the watering of the plants shall be supplied by the City of Jefferson. All other materials, labor and equip- shall be furnished by the Second Party. The Second Party agrees to completely indemnify and hold harmless the City of Jefferson for any and all damages, injuries, actions, costs, attorney's fees and all other expenses whatsoever arising out of the performance of said work whether the property or persons damaged are the servants and employees of the Second Party, or third parties in no manner connected with said work. During the prosecution of the work, the Second Party shall be responsible for all damage or injury to any property that results from any act, omission, neglect, or misconduct in his execution of the work. He shall be responsible for all damage or injury due to defective work or materials. Repair or replacement of damaged or injured property shall be at the Second Party's expense and shall be similar or equal to that existing before such damage or injury occurred. The Second Party shall keep the work site reason- ably clean and shall be responsible for clean-up of the work area at the end of each working day. All interlineations, corrections, deletions and changes herein have been made prior to the execution of this contract. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this `day of , 19 CITY OF JEFFERSON, MISSOURI By AM yor ATTEST: xty Clerk By Contractor r -2-