TIRE REPAIR AND INSPECTION SERVICES
CONTRACT
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This CONTRACT made and entered into this ~. day of ~ by and
between the City of Clearwater, Florida, a municipal corporat~einafter
designated as "City" and WinQfoot Brad Raqan , Inc., of the City of
Clearwater, County of Pinellas, and State of Florida,
Hereinafter designated as "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 executors or administrators, in consideration
of the sums of money as herein after set forth 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 as detailed in:
RFP No.
03-02
Tire Repair and Inspection Services
In accordance with the City's attached technical specifications and the
Contractor's bid response, together with any instructions to bidders,
general conditions, and proposal, which may be hereto attached, 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 shall 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.
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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, THE CONTRACTOR AGREES
TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS
FOR DAMAGES, COSTS OR 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 EMLOYEES RESULTING FROM
ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-
CONTRACTOR, AGENTS, 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 natural original. 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 pay or 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 contractors 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 alternative cost as beared by the City per event for each service
call that the work to be performed by the Contractor remains incomplete beyond
the time limit specified herein. Said alternative cost per event shall only and
solely represent damages 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 the Contractor's failure to complete and
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perform all work within the time period as specified in this contract. This non-
compliance to the required performance will be considered a breach of contract
and cause for cancellation of the Contract as per procedure outlined in Sect. 6 of
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 above written.
Countersigned:
Approved as to form:
(''hA.~ ,C J..L ~ ~--~. ,. -/"
1i~; ~ayma~J7 n
Assistant City Attorney
(Contractor must indicate whether
Corporation, Partnership, Company
Or Individual.)
(The person signing shall, in
his own handwriting, sign the
Principal's name, his own
Name, and his title; where the
Person is signing for a Corporation,
He must, by Affidavit, show his
Authority to bind the Corporation).
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By:
lam B. Horne, II
City Manager
Attest
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().n) C nthia E. GOUGeau
if - City Clerk .
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Title: ~ A'l-€t-
(SEAL)