ELEVATOR MAINTENANCE AGREEMENT (2)
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CONTRACT
This CONTRACT made and entered into as of this 15th day of Februarv, 2001, by and
between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as
"City" and "General Elevator Sales & Service. Inc. (GESS)" 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 successors, assigns, 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:
"ELEVATOR MAINTENANCE CONTRACT
FOR
VARIOUS CITY PROPERTY LOCATIONS
JANUARY 24,2001".
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
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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.
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 EMPLOYEES RESULTING FROM ACTIVITIES BY
THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENTS,
SERVANTS OR EMPLOYEES.
THE CONTRACTOR SHALL PROVIDE INSURANCE OF THE FOLLOWING TYPES
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AND LIMITS OF COVERAGE, FOR THE LIFE OF THE CONTRACT.
A. WORKERS' COMPENSATION INSURANCE COVERING ALL EMPLOYEES
WITH LIMITS MEETING ALL STATE AND FEDERAL LAWS.
B. GENERAL LIABILITY INSURANCE WITH MINIMUM LEVELS OF
COVERAGE OF $500,000 PER OCCURRENCE. COVERAGE SHALL
INCLUDE PREMISES AND OPERATIONS, INDEPENDENT CONTRACTORS,
PRODUCTS AND COMPLETED OPERATIONS AND CONTRACTUAL
LIABILITY. THIS POLICY SHALL PROVIDE COVERAGE FOR DEATH,
BODILY INJURY, PERSONAL INJURY OR PROPERTY DAMAGE THAT
MAY ARISE DIRECTLY OR INDIRECTLY FROM THE PERFORMANCE OF
THIS CONTRACT.
C. BUSINESS AUTOMOBILE LIABILITY WITH MINIMUM LIMITS OF
COVERAGE OF $500,000 PER OCCURRENCE, COMBINED SINGLE LIMIT
FOR BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY.
THIS COVERAGE SHALL BE AN "ANY AUTO" TYPE POLICY.
D. THE CITY SHALL BE INCLUDED AND IDENTIFIED AS AN ADDITIONAL
INSURED UNDER THE GENERAL LIABILITY AND BUSINESS AUTOMOBILE
LIABILITY POLICIES.
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
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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 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 contractors or agreements with labor unions and/or workers'
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, and/or to the satisfaction of the City, then it is agreed that the City may cancel
the contract or service to any facility, upon thirty (30) days written notice and shall not be
responsible for unused portions of this contract.
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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:
Bria&:~
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
By: flit~du~J1
Interim City Manager
Approved as to form:
Attest:
~~ 2'. !L.Q."
Cynt. E. Goudeau:
City C erk .:;, -.
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C
l(J ne C. Hayman
. ssistant City Attorney
(Contractor must indicate whether
Corporation, Partnership, Company
or Individual.)
"
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General Elevator Sales & Service, Inc.
( contractor)
Michael D. Cavinder - President
(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).
by
;It~ J .~ "iJf.tc~
,
(SEAl)
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