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STATE USE CONTRACT <br />THIS CONTRACT for vegetation and litter control is entered into by and between the <br />Receiving Party and the Performing Party pursuant to the authority granted in compliance with <br />the provisions of Chapter 122, Human Resources Code, and certified by TIBH Industries, Inc. <br />( "TIBH ") as a contract in compliance with the provisions of Chapter 122, Human Resources <br />Code. <br />AGREEMENT <br />In consideration of the premises and of the mutual covenants and agreements of the <br />parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed <br />as follows: <br />ARTICLE 1. CONTRACTING PARTIES <br />Receiving Party: City of San Marcos, Texas <br />Performing Party: Easter Seals Central Texas <br />Certifying Party: TIBH Industries, Inc. <br />ARTICLE 2. CONTRACT PERIOD <br />The contract period for this Agreement will begin on October 1, 2010, and will end on <br />September 30, 2011. <br />ARTICLE 3. SERVICES TO BE PERFORMED <br />The Performing Party will perform the following services: <br />a) Removal of vegetation and debris from downtown areas of San Marcos on a 12 <br />cycle per year basis (once each month). <br />b) Removal of vegetation and debris from right -of -ways, vacant land, alleyways and <br />a pond on a five cycle per year basis and as requested. <br />C) Removal of vegetation in creek/channel /drainage areas on a four cycle per year <br />basis and as requested. <br />d) Cutting of vegetation old airport property (behind Best Buy) on a four cycle per <br />year basis and as requested. <br />e) Mowing of Gary Park Softball Fields, Gary Park Soccer Fields and the City <br />Pony League fields up to 66 cuts per year for each complex. <br />e) Flowerbed maintenance of various City facility locations as requested by the City <br />(billed by the hours worked). <br />f) Cleaning of debris from the City's downtown parking facility on Friday, Saturday <br />and Sunday mornings (billed by the hours worked) 52 times. <br />g) Sweeping of the downtown sidewalks twice a week utilizing the City's <br />1 <br />