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HomeMy Public PortalAboutORD10946 BILL NO. 87-137 SPONSORED BY COUNCILMAN HALSEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH RIVER CITY FLORIST FOR THE MAINTENANCE OF INTERIOR PLANTS AT THE JOHN G. CHRISTY MUNICIPAL BUILDING. 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 River City Florist for the maintenance of interior plants at the John G. Christy Municipal Building for a sum not to exceed $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 j�"�7 Approved Presi in ficer ayor ATTEST. City Clerk AGREEMENT This Agreement made and entered this -` •°=a day of 1987, by and between the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as "City, " and River City Florist, Jefferson City, Missouri, hereinafter referred to as "Contractor. " WHEREAS, the pity Council of the City of Jefferson, Missouri, did on the __/_ day of ��� 1987, award to the Contractor the contract for the maintaining of the interior plantscape work for the John G. Christy Municipal Building, and WHEREAS, Contractor is willing to enter into this Agreement with respect to his employment and services upon the terms and conditions herein set forth, NOW, THEREFORE, be it agreed as follows: 1. Scope of Work. It is agreed and understood by the parties hereto that the work performed under this contract will be directed by the Director of Planning and Code Enforcement, of the City of Jefferson, Missouri, or his appointed representative, and the City reserves the right at any time to suspend or order the correction of work performed and to declare the contract forfeited for reasons of non-compliance of this contract. The Contractor 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 hs.s care. The maintenance and replacement provisions of this contract shall be limited to the eight (8 ) containerized plants and the plantings installed in the City's 191x8 'x2' atrium. Replacement plants, if any, shall meet the plant materials specifications and be installed in accordance with the provisions of the specifications and bid documents. Water needed for watering the plants shall be supplied by the City of Jefferson. All other materials, labor and equipment shall be furnished by the Contractor. 2. Contract Period. This contract shall be in effect from December 1, 1987 through November 30, 1988. With the consent of both parties, the contract may be extended on an annual basis for up to two (2) additional years. 3. Maximum Amount of Contract. Contractor shall not perform more than One Thousand One Hundred Eighty-eight ($1, 188.00) of work in one year without first obtaining consent of the City Council. Increases, if any, may be requested by the vendor and negotiated with the City each year ninety (90) days prior to the contract termination. 4. Payment. Payment shall be made to Contractor by City on a monthly basis after receipt of an itemized statement specifying the amount due and the maintenance performed the preceding month. On receipt of this statement, the City shall pay to the Contract a sum of $99.00 provided the maintenance services have been performed in a satisfactory manner. 5. Indemnity. Contractor agrees to indemnify and hold harmless the City for any and all damages, injuries, actions, costs, attorney' s fees and other expenses whatsoever arising out of the performance of said work whether the property or persons damaged are the servants and employees of the Contractor or third parties in no manner connected with said work. 6. Workman's Compensation Insurance. Contractor shall provide for all of its employees engaged in work under this agreement Workmen's Compensation Insurance. 7. Automobile Liability Insurance. Contractor shall provide automobile liability insurance in an amount not less than $800,000 for all claims out of a single occurrence and $100,000 for any one person in a single accident or occurrence. 8 . Insurance . Contractor agrees to obtain and maintain throughout the term of this contract, Contractor' s Public Liability Insurance in an amount not less than $800, 000 for all claims arising out of a single occurrence and $100,000 for any one person in a single accident or occurrence except for those claims governed by the provisions of the Missouri Workman' s Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in an amount not less than $800,000 for all claims arising out of a single occurrence and $100,000 for any one person in a single accident or occurrence. Contractor will also have the City of Jefferson listed as an additional insured on these policies. 9. Failure to Perform. Should Contractor fail to provide services as set forth pursuant to this Contract, or fail to meet any of the Contract provisions, this Contract may be cancelled at the sole option of the City upon giving ten ( 10) days ' written notice to Contractor. 10 . Cancellation. This Contract shall be subject to cancellation by the City or Contractor with or without cause at any time following ninety ( 90) days' written notice. 11. Notices. All notices, consents, authorizations, requests and statements hereunder shall be deemed to have been properly given if delivered by hand or mailed by first class United States mail, postage prepaid, if to the owner to 320 E. McCarty, AL Jefferson City, Missouri 65101, and if to the Contractor to 226 Madison, Jefferson City, Missouri 65101. IN WITNESS WHEREOF the parties hereto have set their hands and salsa on the day and year ;First above written. CITY OF JEFFERSON, MISSOURI HY _ ayor ATTEST: City. Cletk CONTRACTOR By 42 eae-ivy (Ne p f ATTEST: C. ver Cc� kact-4 �f'CCAV5 �, Secretary.