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183 <br /> <br />STATE OF TEXAS <br />COUNTY OF HAYS <br /> <br />CONTRACT FOR CEMETERY <br />MAINTENANCE SERVICES <br /> <br />KNOW ALL MEN BY THESE PRESENTS: <br /> <br /> That the City of San Marcos, Texas, a municipal corporation by and <br />under the laws of the State of Texas, hereinafter referred to as "City", <br />acting by and through authOrity of its Mayor, Emmie Craddock, by re- <br />solution duly enacted on August 24, 1981 , and A & A Lawn Mainten- <br /> ance , hereinafter referred to as "Contractor", do hereby <br />enter into this agreement for the purpose of providing maintenance at <br />the San Marcos City Cemetery located on Ranch Road 12 within the corpo- <br />rate limits of the City of San Marcos, pursuant to the terms and condi- <br />tions expressed herein: <br /> <br /> This agreement shall be in effect for a term of one year beginning <br />on October 1, 1981, and ending September 30, 1982. <br /> <br />II. <br /> <br /> The consideration to be paid by City to Contractor for the per- <br />formance by Contractor of this agreement in the sum of Forty-Three Thousand <br />and no/100($43,000.00 .... ). Said consideration is to be paid to Contrac- <br />tor in monthly installments of $ 3,583.34 per month less five percent (5%) <br />retainage each month during the term of the contract. Each monthly in- <br />stallment shall be paid to Contractor by City on City's vendor's first <br />pay period of each month. <br /> <br />III. <br /> <br /> The five percent (5%) retainage specified in paragraph II above is <br />to be held by City in order to insure substantial compliance and completion <br />of the contract by Contractor. Said retained amount is to be paid to <br />Contractor by City upon Contractor's satisfactory completion of this con- <br />tract. In the event that City initiates contract termination based on a <br />violation of this agreement by Contractor; then, Contractor shall not be <br />entitled to any portion of the amount retained. Instead, said retained <br />amount will be forfeited to the City. Otherwise, Contractor shall be en- <br />titled to the return by the City of a pro rata share of said retained <br />amount computed on the ratio that the number of months satisfactorily com- <br />pleted bear to the total number of months included in the entire term of <br />the contract. <br /> <br />IV. <br /> <br /> Pursuant to this agreement, Contractor agrees to act as Cemetery <br />Caretaker and to perform the duties of same pursuant to the rules and re- <br />gulations established for the operation of the Cemetery, said duties to <br />include the plotting and identifying of gravesites. Contractor shall be <br />responsible for making the Cemetery available to the public pursuant to <br />the established rules and regulations of the Cemetery. <br /> <br />Ve <br /> <br /> During the term of this agreement, ContraCtor agrees to provide <br />normal and daily maintenance of the Cemetery. Said maintenance shall <br />incude, but not be limited to, services mentioned in Articles VI, VII, <br />and VIII. <br /> <br /> ~I. <br />GENERAL CARETAKER SERVICES <br /> <br /> Contractor shall provide all labor, materials, equipment, and supplies <br />to provide general cemetery service; assist funeral homes and gravesite <br />contractors prior to graveside services; and complete cleanup after ser- <br />vices. <br /> <br />A. Opening and Closing of Cemetery--Cemetery gates are to be opened <br /> <br /> <br />