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HomeMy Public PortalAboutORD10632 BILL NO. �� '"!s�► Aisk SPONSORED BY COUNCILMAN Y ORDINANCE NO._ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH INDEX CHEMICAL COMPANY FOR THE PROVISION OF FURNISHING SCREWS, NUTS AND BOLTS. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section I. The Mayor and Clerk are hereby authorized and directed to execute a contract with Index Chemical Company for the furnishing of screws, nuts and bolts. 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 /F49 Approved��� M Pre diflg Off i^ r ay r ATTEST: City Clerk THIS CONTRACT, made and entered into this _a: day of 1986 , by and between Index Chemical Co. , 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 screws , nuts and bolts; 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 screws , nuts , bolts and washers that are listed in the bid and pricing sheets of Bid No. 752 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. This agreement to furnish items is subject to paragraph eight ( 8 ) of this contract. (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. 752 and any memoranda regarding said bid. The seller also warrants that the . materials delivered will be the same type and grade 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 for goods delivered, whether expressed as a percentage discount from the manufacturer's list price, an amount reflecting a list price less percentage discount , or a total derived from the multiplication of a quantity and a unit price. ( 4 ) 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. ( 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) 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. ( 7 ) 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. ( 8 ) It is agreed by the parties that the City may increase or decrease the quantities of any or all of the items mentioned in the bid sheet. Seller agrees to deliver any item in the bid sheet pursuant to any changes in quantity made by -the, City at the same price seller bid for such item. ( 9 ) Seller shall not accept orders or quantity changes from the City unless said orders or changes are made by the Parts Inventory Clerk at the City's Central Maintenance Facility or by the Chief of Maintenance at the City's Water Pollution Control Plant . ( 10 ) In TESTIMONY whereo the parties ave hereunto set their hands and seals this — day of , 1986. qW CITY OF JEFFERSON, MISSOURI ayor ATTEST: City Clerk S I�ER By i17_1 Titl . o. e ATTEST: SECRETARY