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CONTRACT FOR LANDSCAPE SERVICESCONTRACT FOR LANDSCAPE SERVICES This CONTRACT made and entered into this iy day of ,Januar , 20 iy by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City ", located at 100 S. Myrtle Ave, Clearwater, Florida 33758 and ENTZION PROPERTY MAINTENANCE, located at 5 N. Meteor Rd, Clearwater, Florida 33765, 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 sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: NORTHWEST PROPERTIES in the amount of $85,812.00 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, landscape maintenance specifications, scope of work checklist, instructions to bidders, bid proposal form, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby incorporated herein and made a part of this contract, (collectively the "Contract Documents ") 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 FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT [GM 13 -1801- 091 / 13 0096/ 1 ] 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 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 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 of scheduled service for the time the service has not been completed by the Contractor 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 failure of the Contractor to complete and perform all work within the time period as specified in this contract. The bidder /contractor shall comply with all applicable laws, rules, regulations and ordinances of every governmental body or agency whose authority extends to the serviced property or to any operations conducted upon the serviced property, whether or not such laws, rules, regulations or ordinances are expressly mentioned herein. In any and all instances where the Contract Documents call for Certified, Licensed or other specialized personnel of the bidder /contractor to perform under the contract, said Certified, Licensed or specialized personnel shall be on site at such time as the performance of the contemplated duties or application of materials is being performed. In addition to all other contract requirements as provided by law, the successful bidder /contractor will be required to comply with public records law including but not limited to the following: (a) Keep and maintain public records that ordinarily and necessarily would be required by the City of Clearwater in order to perform the service; [GM 13 -18 01- 091 / 13 0096/ 1 ] (b) Provide the public with access to public records on the same terms and conditions that the City of Clearwater would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer, at no cost, to the City of Clearwater all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the City of Clearwater. 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. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA BY: W-.L William B. Horne, II City Manager (Contractor must indicate whether Corporation, Partnership, Company or Individual.) ' c / (Contrac 1- }a 0le�En�Z�cv By;,L C1Jk li Q 9 C e (The person signing shall, in his o his title; where the person is signing to bind the Corporation). [GM 13 -1801- 091 /130096/11 the Principal's name, his own name, and , he must, by Affidavit, show his authority