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FIVE YEAR CONTRACT TO PROVIDE HOLIDAY DECORATING AND INSURANCE CERTIFICATES ~ I .: . CONTRACT This CONTRACT made and entered into this ~O ~ day of ~J..wJI'- , 2001, by and between the City of Clearwater, Florida, a municipal c~ratlon, Post Office Box 4748, Clearwater, Florida 33758-4748, hereinafter designated as the "City" and Clark Sales Display, Inc., a Florida corporation, Post Office Box 1007, Tavares, Florida 32778, hereinafter designated as the "Contractor," collectively "the parties." WITNESSETH: That the parties to this contract each in consideration of the undertaking, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of mutual covenants herein agree to the total sum of $225,100.00, paid $45,020 annually by the City to the Contractor, who shall and will at its own cost and expense perform all labor, furnish all materials, tools and equipment for the following: A five (5) year contract beginning October 1, 2001, and ending September 30, 2006 to provide Holiday Decorating Activities under the specifications described in Exhibit A. In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with an advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the Contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option upon two days notice to Contractor, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete ~uch work as Contractor is obligated to perform in accordance with the provisions as contained herein and payment to the Contractor shall be prorated to include only the value of services rendered at the time the City exercises its option. Such amount of payment to remain the sole determination of the City. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DO HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREE TO HOLD THE CITY HARMLESS FROM ANY AND ~ () 0 - 2j".'" t~O '"' ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT, SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum equal to 3% of the annual contract amount per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein which sum shall only and solely represent damage which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. The Contractor shall provide insurance and comply with all requirements contained in Exhibit B attached hereto and made a part hereof. 2 ~ IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By:~2.AL-...-~ I ham B. Horne, II Interim City Manager Approved as to form: Attest: ~-e~ J C. Hayman ' Assistant City Attorney - L -"-~.c ~ cO~ Q.~ Cy t ia E. Goudeau Ci lerk CLARK SALES DISPLAY, INC. (Contractor) / ~ BY:~?~~~ Its: t/, P 3 ~ EXHIBIT "A" SPECIFICATIONS FOR HOLIDAY DECORATIONS CITY OF CLEARWATER - PARKS AND RECREATION VENDOR ELlGIBLlTY: All vendors must demonstrate prior successful experience in providing like services to a municipality or similar agency. Vendors must also demonstrate the ability to successfully perform per the specifications and scope of this document. Specifically, vendors must provide proof that they have at least three (3) years experience in providing pole-mounted displays on poles located within the Right-of-Way of D.O.T. roads; vendors must provide three (3) references of this type work. The successful bidder will be required to sign a contract to be approved by the City Commission. SCOPE: The City of Clearwater proposes to continue to privately contract its Holiday Decorating activities for a five (5) year period, beginning October 1, 2001 and ending September 30, 2006. The areas assigned to the Contractor will be: the Downtown Section: various decorations on City Hall, Station Square Park and Cleveland Street (from Myrtle Ave. to the Bayfront), the Memorial Causeway Section (42 pole decorations from the Bayfront to the Beach), the Beach Section (50 pole decorations encompassing Mandalay Ave., from Bay Esplanade leading South toward Roundabout Area, and S. Gulfview Blvd., from South end of Causeway Blvd. going south to Gulf Way Blvd. S. up to the Clearwater Pass Ave.). The contractor will be responsible to supply and install the following decorations: Downtown Section: . (1) 26' panel tree fully decorated with 4' five-point star, 39 large premier bows, 945+ lights (multi colored) and large metallic silver, red and gold balls (300-4" & 200-6" in size). Base size 13' diameter Tree will be placed on top of upper fountain area at Station Square Park. . (2) 13' w x 14' tall poinsettia candle wreath (2100 watts) 17 amps . (6) 6' Holiday Silhouette Packages & (6) 4' Silhouette Starburst to be mounted on building front . (2) 5' Holiday Wreaths with lights, balls and giant bow ,~ CITY APPROVAL OF DECORATIONS: Iv . Miscellaneous Holiday Display decorations for Station Square Park . Poles Displays: (18) 5' poinsettias to go on all four corner light poles of each intersection on Cleveland Street Poles Displays: (28) 8' poinsettias to go on all light poles between intersections on Cleveland Street Memorial Causeway Section: . (42) 8' poinsettias to go on all light poles on Causeway heading towards beach Clearwater Beach Section: . Miscellaneous Holiday Display decorations for Pier 60 Park. . (3) Arches Displays with 5' single flower poinsettia with (2) 24" bows for the archways leading to Pier 60 park The Contractor will be responsible to supply and install all new 24" steel face plate mounting brackets, with three (3) stainless steel banding straps, and maintain them over the term of the contract. These decorations may be new or refurbished, meeting with the approval of the City. The Contractor will utilize 3000 hour rated (C-9) lamps, to be changed-out each year, to the satisfaction of the City. The Contractor is required to furnish and install all materials needed to connect the lighted decorations to existing power, to furnish, install, and maintain the decorations during the specified period, and to furnish all traffic control during the installation, maintenance and removal of the decorations. The City is to provide a working 110 volt electrical outlet at each pole where decorations are to be located, and at the Station Square Park where the 26' tree is to be installed. The City will have the right to select the type of decorations desired from a catalog furnished by the Contractor. If so required, the Contractor will furnish samples of decorations to the City. The City may mix and change the decorations on a yearly basis to equal decorations. The contractor may be required to provide miscellaneous decorations as requested by the City encompassing 10% of the annual Holiday decoration budget. PERFORMANCE: NON-PERFORMANCE PENAL TY: INSURANCE: The Contractor shall install the decorations during the month of November, and prior to Thanksgiving Holiday, the fourth Thursday of November each year. The Contractor shall remove the decorations in a timely manner, anytime after January 6th and prior to January 15th. The Contractor shall make any repairs that are required within 72 hours of receiving notice. The Contractor shall forfeit three percent (3%) of the annual contract amount, for each day in December that the complete decorations are not fully installed and functional. The Contractor shall forfeit one-half percent (1/2%) of the annual contract amount, for each day in December that the Contractor failed to make required repairs, outside the 72- hour of receiving notice requirement. The Contractor shall possess and maintain all applicable licenses and insurance required by law and shall possess and maintain a minimum of $500,000 liability coverage. Contractor's employees are to be under appropriate worker's compensation. METHOD OF PAYMENT: Contractor shall be paid on an annual basis - one-half of contract paid in advance on October 15th upon receipt of Contractor's invoice, and second half due upon removal of decorations and receipt of invoice (net 30). CANCELLATION FOR NON-PERFORMANCE: CANCELLATION FOR NON-FUNDING: ~ The City shall have the right at any time to cancel the contract, upon thirty (30) days written notice to the Contractor, for continued or gross failure by the Contractor to perform satisfactory services as specified within the contract. Except as a result of non-performance on the part of the Contractor, as previously provided for in the specifications, the City of Clearwater may not for any reasons of convenience or otherwise cancel this contract at any time during the five (5) year period, excepting however, at the end of each one year period the City Commission may at its sole discretion cancel this contract by failing at annual budget approval to include funds for its continuance in the upcoming year involved. EXHIBIT B to Contract For Holiday Decorating Services Between Clark Sales Display, Inc. and City of Clearwater INSURANCE REQUIREMENTS 1. Liability Insurance. The vendor/contractor, Clark Sales Display, Inc., hereinafter referred to as CLARK, shall furnish, pay for, and maintain during the life of the contract with the CITY the following liability coverages: a. Comprehensive General Liability insurance on an "occurrence" basis in an amount not less than $500,000 combined single limit Bodily Injury Liability and Property Damage Liability. b. Worker's Compensation Insurance applicable to its employees, if any, for statutory coverage limits in compliance with Florida laws. c. Business Automobile Liability insurance in the amount of at least $500,000, providing Bodily Injury Liability and Property Damage Liability. 2. Additional Insured. The CITY is to be specifically included as an additional insured on all liability coverage described above. 3 . Notice of Cancellation or Restriction. policies of insurance must be endorsed the CITY with thirty (30) day's notice 1 All to provide of ~ cancellation or restriction. 4. Certificates of Insurance/Certified Copies of Policies. CLARK shall provide the CITY with a certificate or certificates of insurance showing the existence of the coverages required by this document. CLARK will maintain these coverages with a current certificate or certificates of insurance throughout the term of the contract with the CITY. When specifically requested by CITY in writing, the CLARK will provide CITY with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies, if certified copies of policies have been requested, shall be provided CITY whenever any policy is renewed, revised, or obtained from other insurers. 5. The address where such certificates and certified polices shall be sent or delivered is as follows: City of Clearwater Attention: City Clerk P.o. Box 4748 Clearwater, FL 34618-4748 2 ~ ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMlDDNY) no 08/03/2001 PRODUCER (40 7)8 8 6 - 33 0 1 FAX (407)886-9530 ' .. ~ MA I I I:n. ut" .. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE GENTRY INSURANCE AGENCY, INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2121 E. SEMORAN BLVD. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. BOX 2046 INSURERS AFFORDING COVERAGE APOPKA , FL 32704-2046 INSURED Clark Sales Display Inc INSURER A: Republic Western Ins Co PO Box 1007 INSURER B: Auto-Owners Ins Co Tavares, FL 32778 INSURER C: INSURER 0: ... I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. riR' TYPE OF INSURANCE POLICY NUMBER DATE (MMlDDIVY) DATE (MMlDDIVY) LIMITS GENERAL LIABILITY MPOO02432 08/01/2001 08/01/2002 EACH OCCURRENCE $ 1,000,000 I-- X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $ 50,000 --.J CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 1,000 f-- A PERSONAL & ADV INJURY $ 1,000,000 f-- GENERAL AGGREGATE $ 2,000,000 f-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COM PlOP AGG $ 1,000,000 rx-l n PRO- n X POLICY JECT LOC AUTOMOBILE LIABILITY 253955700 10/25/2000 10/25/2001 COMBINED SINGLE LIMIT r-- (Ea accident) $ X ANY AUTO 1,000,000 f-- ALL OWNED AUTOS BODILY INJURY f-- (Per person) $ SCHEDULED AUTOS B f-- .. X HIRED AUTOS f-- BODILY INJURY $ X NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accidenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==1 ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY MCOO02019 08/01/2001 08/01/2002 EACH OCCURRENCE $ 2,000,000 ~ OCCUR o CLAIMS MADE AGGREGATE $ 2,000,000 A $ ~ DEDUCTIBLE $ X RETENTION $ 10,000 $ WORKERS COMPENSATION AND I TORY LIMITS I IUER' EMPLOYERS' LIABILITY EL. EACH ACCIDENT $ -- -- i- - --- - EL. DISEASE. EA EMPLOYEE $ EL. DISEASE - POLICY LIMIT $ OTHER ~253955700 10/25/2000 10/25/2001 Comprehensive Deductible $250 ftired/Non-Owned Auto P B ysical Damage Cove rag Collision Deductible $250 DESCRIPTION OF OPERATIONSlLOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTlSPECIAL PROVISIONS ~E : Holiday Decorating Services ity of Clearwater is included as Additional Insured on General Liability and Auto Liability. CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Clearwater ....llL- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: City Clerk BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY PO Box 4748 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Clearwater, FL 34618-4748 AUTHORIZED REPRESENTATIVE Q)Jn, d~f\t~ Debra Liebknecht/IRMA A\,;UKU :.1::1-:) (fI'4T) c IIVrw 1 '411~ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.