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<br />I <br /> <br />I <br /> <br />I <br /> <br />TIlE STATE OF TEXAS I <br />I <br />THE COUNTY OF HAYS I <br /> <br />CONTRACT FOR SERVICES <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />That the City of San Marcos, Texas, a municipal corporation <br />by and under the laws of the State of Texas, hereinafter referred <br />to as "Ci ty", acting by and through its Mayor, and Alberto <br />Ramirez . , hereinafter referred to as <br />"Contractor", do hereby enter into this agreement for the purpose <br />of providing maintenance to the San Marcos Cemetery, located on <br />Ranch Road Number 12 within the corporate limits of the City of <br />San Marcos, pursuant to the terms and conditions expressed <br />herein; to-wit: <br /> <br />1. <br /> <br />This agreement shall be in effect for a term of one year <br />beginning on October 1, 1979 and ending September 30, <br />1980. <br /> <br />II. <br /> <br />The consideration to be paid by City to Contractor for the <br />performance by Contractor of this agreement is the sum of <br />twenty-five thousand Dollars ($25,000. ). Said <br />consideration is to be paid to Contractor-ill-monthly installments <br />of $ per month less 5% retainage each month during the <br />term-arthe contract. Each monthly installment shall be paid to <br />Contractor by City on City's first vendor's pay period of each month. <br /> <br />III . <br /> <br />The 5% retainage specified in paragraph II above is to be <br />held by City in order to insure substantial compliance and com- <br />pletion of the contract by Contractor. paid retained amount is <br />to be paid to Contractor by City upon Contractor's satisfactory <br />completion of this contract. In the event that City initiates <br />contract termination based on a viOlation of this agreement by <br />Contractor, then Contractor shall not be entitled to any portion <br />of the amount retained; instead, said retained amount will be <br />forfeited to the City as liquidated damages. Otherwise, Contractor <br />shall be entitled to the return by the City of a pro rata share <br />of said retained amount computed on the ratio that the number of <br />months satisfactorily completed bear to the total number of months <br />included in the entire term of the contract. <br /> <br />IV. <br /> <br />Pursuant to this agreement, Contractor agrees to act as <br />Cemetery Caretaker and to perform the duties of same pursuant <br />to the rules and regulations established for the operation of <br />the Cemetery, said duties to include the plotting and identifying <br />of gravesites. Contractor shall be responsible for making the <br />Cemetery available to the public pursuant to the established rules <br />and regulations of the Cemetery. <br /> <br />V. <br /> <br />During the term of this agreement, Contractor agrees to <br />provide normal and daily maintenance of the Cemetery. Said <br />maintenance shall include but not be limited to: Mowing; edging <br />of curbs, sidewalks, stones and mausoleum; watering cemetery <br />grounds as needed; filling gravesites following settlement of <br />