Res 1976-048 - Laserfiche WebLink

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102a S1~ATE OF TEXAS CONTRACT FOR SERVICES COUNTY OF HAYS KNOW ALL MEN BY THESE PRESENTS: That the City of San Marcos, Texas a municipal corporation by and under the laws of the State of Texas, hereinafter referred to as "City", acting by and through its City Manager, Mr. James B. Baugh, having been duly authorized to act by Resolution dated September 13, 1976, and Stanley C. Stemen Construc- tion Company, Inc., hereinafter referred to as "Contractor", do hereby enter into this agreement for the purpose of providing maintenance at the San Marcos Cemetery, located on Ranch Road 12 within the corporate limits of the City of San Marcos, pursuant to the terms and conditions expressed herein; to-wit: I 1. The stated consideration for the performance of this agreement to be paid by City to Contractor is $18,835.00, said consideration to be paid in monthly installments of $1491.10 per month during the term of the contract from October I, 1976 through September 30, 1977. Each monthly installment shall be paid to Contractor by City on City's first vendor's pay period of each month. II. In order to ensure substantial compliance and completion of the contract by Contractor, City shall retain an amount of $941.75 equivalent to five percent (5%) of the total consideration, said retained amount to be paid by City to Contractor upon satisfactory completion of the contract. In the event City initiates contract termination based on violation of agreement committed by Contractor, then Contractor shall not be entitled to any portion of the amount retained ($941.75). Otherwise, Contractor shall be entitled to the return by I the City of a pro rata share of said retained amount ($941.75) computed on the ratio that the number of months satisfactorily completed bear to the total number of months included in the entire term of the contract. III. Pursuant to this agreement, Contractor agrees to act as Cemetery Caretaker and to perform the duties of same pursuant to the rules and regulations estab- lisned for the operation of the Cemetery to include the plotting and identifying of gravesites. Contractor shall be responsible for making the Cemetery available to the public pursuant to ,the established rules and regulations of the Cemetery. IV. During the term of this agreement, Contractor agrees to provide normal and daily maintenance of the Cemetery, said maintenance to include but not be limited to: mowing; edging of curbs, sidewalks, stones and mausoleum; , watering cemetery grounds as needed; filling gravesites following settlement of graves; raking leaves; maintaining mausoleum (excluding structural repairs); supervising placement of headstones; and removing cut or dead vegetation and flo.'ers from Cemetery property. Contractor agrees to rpovide all equipment necessary for the performance of this agreement and to maintain the Cemetery maintenance building at a state suitable with its use and compatible with the Cemetery property. V. 1 City agrees that Contractor is to furnish only normal and daily maintenance pursuant to this agreement and Contractor is not obligated thereby to provide extraordinary maintenance required by Acts of God.