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HomeMy WebLinkAbout19-86 RESOLUTIONRESOLUTION ND. 19-86 A RESOIITTION AUTHORIZING THE MAYOR AND CITY (T,FRK TO EXECUTE A CONTRACT WITH KEN SMITH d/b/a OZARK MOUNTAIN AIR FOR THE MAINTENANCE OF HEATING AND AIR CONDITIONING EQUIPMENT IN THE CITY ADMINISTRATION BUILDING. BE IT RESOLVED BY TBE BOARD OF DIRECTORS OF THE CITY OF FAYEPIEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Ken Smith d/b/a Ozark Mountain Air for the maintenance of heating and air conditioning equipment in the City Administration Building. A copy of the contract authorized for execution hereby iS attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 21st day of January, , 1986. 01.14 � .';;Clerk 1f✓1 r°. APPROVED By • ds, Mayor Z CONTRACT MICROFILMED This -CONTRACT executed this * W. day of 7auuary 19 Q , by and between the City of Fayetteville, Arkansas, hereinafter called the "City" and Ken Smith d/b/a Ozark Mountain Air, having its principal place of business in West Fork, Arkansas, hereinafter called the "Contractor". In consideration of the mutual covenants contained herein, the City and the Contractor hereby agree as fcllows: - 1. During the term of this contract, the Contractor shall at all times maintain in excellent working condition the heating and air conditioning system in the City's Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. The Contractor shall provide, at the Contractor's cost, all labor, materials and parts necessary to keep the aforesaid heating and air conditioning system continuously operating at an optimum level. 2. The term of this contract shall be for a period of five (5) years commencing on the 5th day of February , 19 86 . 3. For labor, materials and parts furnished by the Contractor during the first year of this contract, the City agrees to pay the Contractor a total sum of Seven Thousand Six Hundred Thirty-two Dollars ($7,632.00). Said sum shall be payable in twelve (12) equal monthly installments. The first monthly installment shall be payable on the 5th day of March , 19 86 , and the following installments shall be payable on the 5th day of each succeeding month during the term of this contract. The consideration payable to the Contractor during each succeeding year shall be the amount resulting by adjusting the consideration during the previous year to reflect the percentage change (either up or down) occurring in the Consumer Price Index, U.S. Bureau of Labor Statistics, Department of Labor, Dallas Office, through comparing the Index of January 31 in the current year with the Index of January 31 in the previous year. 4. During the term of this contract, the Contractor shall at all times maintain workmen's compensation insurance as required by Arkansas law and public liability insurance providing coverage for personal injury, death or property damage in amounts approved by the City's Purchasing Officer. Certificates evidencing the insurance required hereby shall be filed with the City's Purchasing Officer within fifteen (15) days from the execution date of this contract. 5. The Contractor agrees to indemnify the City, and to hold the City harmless, from any and all claims for personal injury, death or property damage arising from the Contractor's negligent performance of its obligations under this contract. 6. The City shall have the right to terminate this contract at any time by giving the Contractor thirty (30) days written notice of termination. In the event of such termination, the consideration payable the Contractor shall be prorated as of the termination date. IN WTINESS WHEREOF, this contract has been executed on the date first above written. en Smith :/b/a Ozark Mountain Air • MODIFICATION OF CONTRACT THIS MODIFICATION OF CONTRACT executed this / day of 5- 14e.1989 by and between the City of Fayetteville, Arkansas, hereinafter called the "City", and Ken Smith d/b/a Ozark Mountain Air, hereinafter the "Contractor". WHEREAS, the City and the Contractor have executed a contract dated January 21, 1986 pursuant to which the Contractor maintains the heating and air conditioning system in the City's Administration Building; and WHEREAS, the City desires for. the Contractor to also maintain the heating and air conditioning system in the Police Department Building. NOW, THEREFORE, the City and the Contractor hereby mutually agree: 1. Paragraph 1 of the aforesaid contract, which contract is incorporated herein by reference thereto, is hereby modified by amending the first sentence in 11 to read as follows: "1. During the term of this contract, the Contractor shall at all times maintain in excellent working condition the heating and air conditioning system in the City's Administration Building at 113 West Mountain Street and shall at all times maintain in excellent working condition the heating and air conditioning system in the City's Police Department Buildings at the corner of Rock Street and Church Avenue. 2. The aforesaid contract is hereby modified by adding 73.1 to read as follows: "3.1. For labor, materials and parts furnished by the contractor in maintaining the heating and air conditioning system in the. City's Police Department Buildings, the City agrees to pay the contractor a total sum of $1,600.00 per year. Said sum shall be payable in twelve (12) equal monthly installments. The first monthly installment shall be payable on the 5th day of June, 1989, and the following installments shall be payable on the 5th day of each succeeding month during the term of this contract. The consideration payable to the Contractor during each succeeding year shall be the amount resulting by adjusting the consideration during the year to reflect the percentage change (either up or down) occurring in the Consumer Price Index, U.S. Bureau of Labor Statistics, Department of Labor, Dallas Office, through comparing the index of January 31 in the current year with the index of January 31 in the previous year. 3. As modified hereby, the aforesaid contract shall continue in full force and effect in accordance withothe terms thereof. IN WITNESS WHEREOF, this contract has .been.executed on the day first above written. CITY OF FAYETTEVILL , ARKANSAS • KEN SMITH d/b/a OZARK MOUNTAIN AIR By: j/