Res 1982-044 - Laserfiche WebLink

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15 THE STATE OF TEXAS CONTRACT FOR CE:t-1ETERY ~mINTENANCE SERVICES COUNTY OF HAYS KNOW ALL HEN 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 authority of its Hayor, Em.rnie Craddock, by resolution duly enacted on October 11, 1982 , and Gene Bagwell dba C..ene Bagwell Maintenance ~.anagement , hereinafter referred to as "Contractor," do hereby enter into this agreement for the purpose of providing maintenance at the San Marcos City Cemetery located on Ranch Road 12 within the corporate limits of the City of San Marcos, pursuant to the terms and conditions expressed herein. I. This agreement shall be in effect for a term of one (1) year beginning on October 1, 1982, and ending September 30, 1983. II. The consideration to be paid by City to Contractor for the performance by Contractor of this agreement is the sum of Thirty-Nine Thousand S~~ Hundred and no/100 Dollars ($39,600.00). Said consideration is to be paid to Contractor in monthly installments of $ 3,300.00 per month less five percent (5%) retainage each month during the term of the con- tract. Each monthly installment shall be paid to Contractor by City on City's vendor's first pay period of each month. III. The five percent (5%) retainage specified in paragraph II above is to be held by City in order to insure substantial compliance and completion of the contract by Contractor. Said retained amount is to be paid to Contractor by City upon Contractor's satisfactory completion of this contract. In the event that City initiates contract termination based on a violation of this agreement, by Contractor; then, Contractor shall not be entitled to any portion of the amount retained. Instead, said retained amount will be forfeited to the City. Otherwise, Contractor shall be entitled to the return by the City of a pro rata share of said retained amount computed on the ratio that the number of months satisfactorily completed bear to the total number of months included in the en- tire term of the contract. IV. Pursuant to this agreement, Contractor agrees to act as Cemetery Caretaker and to perform the duties of same pursuant to the rules and regulations established for the operation of the Cemetery, said duties 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. V. During the term of this agreement, Contractor agrees to pro- vide normal and daily maintenance of the Cemetery. Said maintenance