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HomeMy Public PortalAboutORD09394 BILL NO. A INTRODUCED BY COUNCILMAN ORDINANCE NO. g •� 9 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CLERK OF THE CITY OF JEFFERSON, TO EXECUTE A CONTRACT WITH POPP'S LAWN AND GARDEN CENTER, INCORPORATED. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. The Mayor and Clerk of the City are hereby authorized and directed, for and in the name of the City, to execute a written contract with Popp' s Lawn and Garden Center, Incorporated, for all labor and materials necessary for main- taining landscape areas at the new Police Station Facility, for the City of Jefferson, for the sum of two thousand five hundred dollars ($2,500. 00) . SECTION 2. A copy of said contract is attached hereto. SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed 1/ C Approved 64resfient of the Aouncil Mayor ATTEST: .A-4- C lerk CONTRACT FOR MAINTENANCE OF LANDSCAPE PLANTINGS AND LAWN AREAS AT THE NEW POLICE STATION FACILITIES THIS CONTRACT, made and entered into this lam day of 19 oOO , by and between George Hartsfield, President of the City Council of the City of Jefferson, Missouri, a municipal corporation of the third class of the State of Missouri, Party of the First Part, and who acts for and on behalf of the City of Jefferson, and Popp' s Lawn and Garden Center, Incorporated, Party of the Second Part, WITNESSETH: THAT, WHEREAS, the City Council of the City of Jefferson, Nw Missouri, did on the day of g? —' 19�. award to the Party of the Second Part, Popp' s Lawn and Garden Center, Incorporated, the contract for the maintenance of landscape plantings and new lawn areas at the new Police Station Facilities. NOW, THEREFORE, for and in consideration of the awarding of this contract and the work thereunder by said First Party, Popp' s Lawn and Garden Center, Incorporated, the said Second Party does hereby contract and agree to do and perform said work, above speci- fied and referred to and to accept payment therefore in the follow- ing 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) preceeding months. On receipt of the statement the City shall pay to the' Contractor a sum equal to one- fourth of the total contract amount provided that the main- tenance services have been performed in a satisfactory manner. The maximum sum to be paid under this contract is an amount not to exceed two thousand five hundred dollars ($2,500. 00) . NOW, BY THESE PRESENTS, it is agreed and understood by the parties hereto, and this contract is entered into subject to all existing ordinances and specifications for such work on file in the office of the City Clerk, and which shall be considered a part and parcel of this contract; that all questions arising as to the proper performance of this contract of such work in accor- dance with the specifications therefor, 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 superin- tend said work in the place of and instead of such Director of Plan- ning and Code Enforcement; that Contractor agrees to commence work on or before a date to be specified in a written "Notice to Proceed" and to provide the services for a period of one (1) year. In the case of poor performance, the City reserves the right at any time to suspend or re-let the work awarded and to declare this contact forfeited; but that such suspension, re-letting, or forfeiture shall not affect the right of the City to recover all damages accruing or due it by reason of the Contractor's actions or non- compliance with this contract. The Second Party agrees to completely indemnify and hold harm- less 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 per- sons damaged are the servants and employees of the Second Party, or third parties in no manner connected with said work. All inter- lineations, corrections, deletions and changes herein have been made prior to the execution of this contract. s IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this " day of , 19 b B Contractor a�. CITY OF JEFFERSON, MISSOURI By <: Mayor ATTEST: By U t Clerk %,. This .contract, executed in duplicate, one copy being deposited in the office of the City Clerk of the City of Jefferson, and the. other being retained by the Party of the Second Part. t