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Res 1978-062
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Res 1978-062
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8/18/2008 4:09:19 PM
Creation date
8/18/2008 4:09:17 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1978-62
Date
8/21/1978
Volume Book
49
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<br />.' <br /> <br />STATE OF TEXAS <br /> <br />CONTRACT FOR SERVICES <br /> <br />COUNTY OF HAYS <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br />That the City of San Marcos, Texas, a municipal corporation by <br />: and under the laws of the State of Texas, hereinafter referred to as <br />"City", acting by and through its Mayor, hereinafter referred to as <br />I "Contractor", do hereby enter into this agreement for the purpose of <br />providing maintenance at the San Marcos Cemetery, located on Ranch <br />Road Number 12 within the corporate limits of the City of San Marcos, <br />pursuant to the terms and conditions expressed herein; to-wit: <br /> <br />I. <br /> <br />This agreement shall be in effect for a term of one year <br />beginning on October 1, 1978, and ending September 30, 1979. <br /> <br />II. <br /> <br />The consideration to be paid by City to Contractor for <br />performance by Contractor of this agreement is the sum of <br />( $18950.00 <br />Said consideration is to be paid to Contractor in monthly <br />ments of $ 1579.16 per month less 5% retainage each month <br />the term of the contract. Each monthly installment shall <br />to Contractor by City on City's first vendor's pay period <br />month. <br /> <br />the <br /> <br />) . <br />install- <br />during <br />be paid <br />of each <br /> <br />III. <br /> <br />The 5% retainage specified in paragraph II above is to be <br />Iheld by City in order to insure substantial compliance and com- <br />pletion of the contract by Contractor. Said 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 for- <br />f~ited 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 />~ <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 the <br />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 />I 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 lirr,ited to: Mowing, edging of <br />curbs, sidewalks, stones and mausoleum; watering cemetery grounds <br />as needed; filling gravesites following settlement of graves; raking <br />leaves; n,aintaining mausoleum (excluding structural repairs); super- <br />vising placement of headstones; and removing cut or dead vegetation <br />and flowers from Cemetery property, including tree limbs. Contractor <br />agrees to provide all equipment necessary for the performance of this <br />agreement and to maintain the Cemetery maintenance building at a state <br />suitable with its use and compatible with the Cemetery property. <br />
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