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HomeMy Public PortalAboutORD10613 BILL NO. S J !.ur_____ a SPONSORED BY COUNCILMAN ORDINANCE NO. / �� �Y AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THARPE HOME LUMBER CENTER FOR THE PURCHASE OF HARDWARE SUPPLIES . 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 Tharpe Home Lumber Center for the purchase of hardware supplies for the sum of not more than $100 per order made pursuant to the contract referred to in Section 2, less twenty-five ( 25% ) percent. 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 res ' ng Office 3yor ATTEST: City Clerk THIS CONY ACT, made and entered into this /G day of 1986, by and between Tharpe Home Lumber Center, herei after 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 ( $100 ) dollars 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-five ( 25%) percent. ( 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 an ordinance authorizing the execution of this contract takes full force and effect . The City reserves the right to renew this contract at the same terms and conditions 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. ( 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 whereof the parties h ve hereunto set VP their hands and seals this day of _, 1986. CITY OF JEFFERSON, MISSOURI By M yor ATTEST- City Clerk SELLER By Title:Al ATTEST: _ 1A—:1-1 `� 'S 6cretary �-�.