HomeMy WebLinkAboutGraybar Electric, Inc AGREEMENT
THIS AGREEMENT made and entered into this 21st day of April ,
1989, by and between GRAYBAR ELECTRIC CO., INC. , P.O. Box 13187 ,
Green Bay, Wi 54307-3187 party of the first part , and the CITY
OF OSHKOSH, a municipal corporation located in Winnebago County,
Wisconsin , hereinafter referred to as the "City" , and party of the
second part.
WITNESSETH:
WHEREAS, the Common Council of the City of Oshkosh by reso-
luton duly adopted on the 20th day of April , 1989 ,. accepted the
bid of the first party and authorized and directed the proper City
officials to enter into an agreement with the party of the first
part for:
Cable , closures and protectors for Westside Communications Project
according to the specifications and bid for same on file in the
office of the City Clerk.
NOW, THEREFORE, pursuant to said resolution of the Common
Council of the City of Oshkosh, the parties hereto agree as
follows :
1 . That the party of the first part will furnish same to the
City, all in accordance with the specifications and bid on file in
the office of the City Clerk.
2. That no assignment of this agreement or of any rights
thereunder by said party of the first part , shall be valid with-out
the written consent of the City; and that this document including
the specifications and bid , constitutes the entire agreement be-
tween the parties hereto and that any understanding either oral or
written, not a part hereof shall not be binding on either party.
3. That in consideration thereof, the City will pay to the
first party the sum of $9 ,016.10 , upon presentation of a proper
voucher, and delivery and acceptance by the City in conformity on
said specifications and bid .
IN WITNESS WHEREOF, the parties hereto have caused this agree-
ment to be signed by the proper officers of each party and their
1
corporate seals to be hereunto affixed all on the day and year
first above written; then if first party is a corporation or part-
nership , the signing of this agreement shall constitute a warranty
by the person(s) so signing the proper authority so to do.
In the Presence of: GRAYBAR ELECTRIC CO. , INC.
T
,� -' f- BY : �7POYc3�sZ�GEG`e(L U �6.
aliAjz—,--4, n Signature of the sole pro-
r .rietor , or name or corporation
or p tn. r:1iip
r° A Ate.
if President or Partner
Secretary
CITY OF OS OSH
i
B Y :__dyl--c.„--; jel-e--/
William D. Frueh, City
% Manager
And : .i_„_,4.,dJ. r ;'/,f. !---
Donna C. Serve
as ,
City Clerk
A proved a� -orm : od execution: I hereby certify that the
�`� ` +� necessary provisions have
__ __ _ -_ been made to pay the lia-
Warren P. Kraft, bility that will accrue
Asst. City Attorney under this Contract.
EDWARD A NOKES,
City Comptroller
2
I hereby certify that I am Secretary of Graybar Electric Company,
Inc . , a corporation organized and existing under the laws of the State of
New York, with its principal office at New York, New York; that as such I.
am custodian of the records and official seal of said Corporation, and that
the following is a true and correct copy of a resolution duly adopted by the
Board of Directors of said Corporation at a meeting held in New York,
New York on December 11, 1975:
Upon motion duly made and seconded, the following resolution was
unanimously adopted:
"RESOLVED, That the Branch Manager or Branch Operating
Manager or Branch Financial Manager hereby is authorized to sign
and/or execute in the name and on behalf of the Corporation:
1) Formal Contracts, including applicable performance
bonds, arising from invitation, bid, and acceptance
forms which become orders upon acceptance by buyer
on which the total amount does not exceed $25, 000.
2) Other Proposals and Bids where the amount does not
exceed $200, 000.
3) Bid Bonds where the amount does not exceed $2, 500. "
Further, that the foregoing meeting was convened and the proceedings
held in accordance with the law and the charter and by-laws of said Corporation,
and have not been revoked, annulled, or amended.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
corporate seal of the Corporation this 27th_ day of December, 1978
Sec retary ,o-
GRAYBAR ELECTRIC •MPANY, INC
5- 10 (12/ 11/75)
(2/77)