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CONTRACT FOR HOLIDAY DECORATING ~~ ... c} A I I CONTRACT This CONTRACT made and entered into this ~t.~ day of by and between the City of Clearwater, Florida, a municipal' designated as the "City", and Clark Sales Display, Ine. hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, 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 the sum of $70,200 total ($14,040 per year) to be paid by the City to the Contractor, 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 December 1, 1996, and ending January 15, 2001, 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 any 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, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES 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, AGREES TO HOLD THE CITY HARMLESS FROM ANY AND 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. C!i! fi ~.JL ~ :' - ,;;:' -- I I 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. 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 about written. CITY OF CLEARWATER, FLORIDA By: Eliz Approved as to form and legal sufficiency: ?~~~ John Carassas, Asst. City Attorney Attest: J.9;JLJ 4. ~ ]:/J C ~ s:\lnewcome\contract.jc 2 .. ~ ; I ~XHIIJ~T .A.J SPECIFICATIONS FOR HOLIDAY DECORATIONS CITY OF CLEARWATER. PARKS" RECREATION VENDOR BLIGIBILITY, All vendors must demonatrate prior 8uccesaful experience in providing like service. 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-ot-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. , SCOPI. The city of Clearwater proposes to continue to privately contract its Holiday Decorating activities for a five (5) year period, beginning December 1, 1996 and ending January 15, 2001. The area assiqneeS to the contractor will be the Downtown section (46 decorations on Cleveland st., fro. Myrtle Ave. to the Bayfront), the Memorial Causeway Section (42 decorations fro. the Bayfront to the Beach), and the Beach Section (29 decorations encompassing Marianne and Causeway Blvd.). 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 the. over the term of the contract. This work will require one hundred and seventeen (117), 8'0- lighted pole hanging decorations, with an average of sixty (60) lamps per decoration, and full garland; and one (1) 25' lighted tree with a 4' five-point star, two hundred and sixty (260) lamps, and full garland. 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 . . ~ITY APPROnL OP DECORATIONS. PBRFORH1\liQB I IfOlf-PRRYORXAMCI PBNALlfYI JNSURANCBI I I i: '-. city. The contractor i. required to furnish and install all materials needed to conneot the liqhted decorations to existing power, to furnish, install, and maintain the decoration. during the specified period, and to furnish all traffio control during the installation, maintenance and removal of the decoration.. The city i. to provide a working 110 volt electrical outlet at each pole where decorations are to be located, and,' at the Memorial Civic Center where the 25' tree i. 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 shall install the decorations during the month of November, and prior to December 1st each year; the contractor shall remove the decorations in a timely manner, anytime after January 1st 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 per cent (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 per cent (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. Contractors employees are to be under appropriate worker's compensation. . , , . . ; : . . ':.~- METHOD 01' P~YMEHTI CANCBLL~TIOII J'OR JfON-PIRFORMANCBI CAHCBLLATXOII I'OR NON-J'UNDXNGI - I Contractor shall be paid on an annual basis - one-half of contract paid in advance on October 15th upon receipt of contractor'. invoice, and second half due upon removal of decorations and receipt of invoice (net 30). 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 Oft 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.