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HomeMy Public PortalAboutORD10612 BILL NO. S —,2 / 7 SPONSORED BY COUNCILMAN ORDINANCE NO. ,edlG-/71 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH JEFFERSON CITY AUTO SUPPLY COMPANY FOR THE PURCHASE OF AUTOMOTIVE PARTS AND ACCESSORIES. 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 Jefferson City Auto Supply Company for the purchase of automotive parts and accessories for the sum of an amount not to exceed the amounts listed for each part in Jefferson City Auto Supply Company's bid proposal, which is a part of the contract referred to in Section 2. 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 �f�7 f�6 Approved 15-6 Pre " ding Off i r yor ATTEST: City Clerk THIS CONTRACT, made and entered into this day of 1986, by and between Jefferson City Auto Supply Co. , r�fter 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 automotive parts and accessories; 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, the automotive parts and accessories that are listed in the bid and pricing sheets of Bid No. 623 and any memoranda regarding said bid. Said sheets are attached to this contract and are as fully a part of this contract as if enumerated fully herein. ( 2 ) The seller warrants that the materials referred to paragraph ( 1 ) of this contract will in all ways comply with the requirements set forth in the invitation for Bid No. 623 and any memoranda regarding said bid. The seller also warrants that the materials delivered will be the same brands that seller proposed to furnish in his bid proposal. All documents referred to in this paragraph are attached to this contract and are as fully a part of this contract as if enumerated fully herein. ( 3 ) The City agrees to pay, and the seller agrees to accept as full payment therefor, the amount listed in seller 's bid proposal, whether expressed as a percentage discount from the manufacturer's list price, a net total from an exchange, or an amount reflecting a list price less percentage discount . (4 ) The seller shall submit a monthly statement of parts purchased pursuant to this contract to the City Finance Department with an original copy of any invoice showing quantity, list price, and discount quoted for each item or group of items . Payments will be processed monthly by the City Finance Department. ( 5 ) 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. ( 6 ) Price increases for material to be delivered by the seller will only be allowed if the manufacturer increases prices to the seller and the increase is approved by the City Purchasing Agent . The seller, when requested by the Purchasing Agent, must provide documentation of such increases . ( 7 ) This contract shall be in force for one ( 1 ) year from the date an ordinance authorizing the execution of this contract Am takes full force and effect . The City reserves the right to renew IFthis contract at the same terms and condition for one additional year upon the mutual consent of both the City and the seller. Either party may terminate this contract by providing at least thirty ( 30 ) days prior written notice to the other party. ( 8 ) 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. ( 9 ) In TESTIMONY whereof,�the parties have hereunto set their hands and seals this 16 day of 1986. CITY OF JEFFERSON, MISSOURI By • OR Mayor ATTEST: City Clerk SELLER By Title: ATTEST: Secretary 4.