216-Sun State Landscaping
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CEMETERY MAINTENANCE CONTRACT
THIS CONTRACT, made and entered into this 26th day of
Mnrr.h 1985' by and between the CITY OF SANFORD, FLORIDA,
a municipal corporation, hereinafter called "City", and Sun
State Landscaping , hereinafter called "Contractor".
WIT N E SSE T H :
WHEREAS, the City Commission of the City of Sanford,
I Florida, has accepted the bid of Contractor to provide maintenance
service on certain cemetery property hereinafter described, and
WHEREAS, it is the desire of the parties to enter into a
contract setting forth the duties and responsibilities of the
parties relative to the maintenance of the cemetery property,
NOW THEREFORE, in consideration of the sums of money
hereinafter set forth and other good and valuable considerations
and the mutual benefits to be derived therefrom, the parties
hereto agree as to follows:
1.
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C~ty shall pay unto Contractor the annual sum
$35,000.00
payable
in monthly installments of
$2,916.66
,
the first of said installments to be payable
at the end of the first month of the term of
the contract and monthly thereafter.
2. Contractor agrees to provide maintenance service
on certain parcels of property owned by City,
known as:
Lakeview Municipal Cemetery, Evergreen
Municipal Cemetery, First Addition, and Evergreen
Cemetery, Second Addition.
The parties specifically agree that the term
maintenance is defined as and shall consist of
the following: mowing the grass, edging cemetery
lots and grave markers, trimming and shaping of
shrubs designated by City, irrigation of lots,
fertilization of lots and removal of disposal of
trash and refuse.
Contractor agrees to provide eight (8) hours of
"Bush Hog" type mowing every thirty (30) days in
the parcel identified as Lakeview B. Standard
maintenance shall not be required on this parcel;
only "Bush Hog" type mowing will be required.
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3. Contractor shall be responsible for purchasing
and applying fertilizer to all cemetery lots.
Said fertilizer to be applied on a seasonal
basis with the dates of application to be
determined by City. The chemical analysis of
the fertilizer used shall be directed by the
Director of Recreation and Parks. Contractor
must start fertilizer application on dates
specified by City of Sanford.
4. Contractor shall be responsible for weekly
maintenance of all roadways, walkways, street
right-of way and cemetery lots paid for by
annual or perpetuaT care. In addition, Contractor
shall clean the entire cemetery properties
no less than four (4) times annually, such
cleaning to include all lots, walkways and
roadways. Contractor shall further be respon-
sible for the removal of trees and shrubs,
and fallen trees as specified by City of Sanford.
5. Contractor sha11 furnish, at his/her expense,
no less than two men, five (5) days a week,
Monday through Friday with equipment, tools
and machinery necessary to maintain the
cemetery properties in accordance with his/her
contract. A minimum of eighty (80) manhours
per week shall be provided by Contractor for
maintenance of the cemetery. Any deviation
from this requirement shall be approved by
the Director of Recreation and Parks. Minimum
equipment includes mechanical and monofilament
edgers, 18" lawn mowers, tractor type riding
mowers and trucks for hauling debri. City
reserves right to inspect Contractor's
equipment prior to award of bid and execution
of contract.
6. Contractor shall deduct from the monthly
installment and credit the City the sum of
$17.31 per hour for each and every manhour
short of the required eighty (80) manhours
per week of maintenance. Daily work sheets
shall be turned into the City by the Contractor
within twenty-four (24) hours following the
work day said report covers. The sum of
$150.00 for each and every day work sheets
are late shall be assessed by the City to
the Contractor.
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7. ~ontractor shall pay the coses o~ all water
used for irrigation and other purposes. In
the event at the end of the contract period
the costs of water for the twelve (12) month
period is less than THREE THOUSAND AND NO/100
($3,000.00) DOLLARS, Contractor shall pay
unto City the difference between the costs
of water for the twelve (12) month period
and THREE THOUSAND AND NO/100 ($3,000.00)
DOLLARS.
8. The parties agree that in the event of
complaints of work directives such complaints
and work directives shall be issued to
Contractor in writing by the City Manager,
Director of Recreation and Parks or their
designated represenbatives.
9. Contractor shall be responsible for the
repair and replacement of damaged stones or
cemetery markers caused by mechanical devices,
discoloration 4ue to chemical treatment or
other causes that may result in damage to
shrubs or other property.
10. Contractor agrees to maintain liability
insurance for coverage of persons and property
and Contractor further agrees to indemnify
and hold City harmless from any liability
which may be sustained by City as a result
of any willful or negligent acts on the part
of Contractor which results in injury or
damage to persons or property. Contractor
must furnish City of Sanford with proof of
insurance coverage for workers' compensation
and liability insurance. The City is herehy
indemnified and held harmless by the Contractor.
11. Contractor shall not assign this contract
without the written consent to City.
Contractor shall not subcontract any work
to be performed relative to his contract
without the written consent of City.
12. The terms and provisions of the contract
shall be governed by the laws of the State
of Florida. No agreement or representation
unless incorporated in this contract shall
be binding upon the parties. In connection
with any litigation arising out of this
contract the prevailing party shall be
entitled to costs including reasonable
attorney's fees.
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.1.1. .... t.ra ., ..1. coatr.ot 1. 'roa April 1, 1985
t.rou,. March 31, 1986. Clt, ...JJ b... t..
rltbt to t.rala.t. .a' o.aceJ t.l. ooatraot
In the .v.nt ctt, ,t.,. t..t t.. .DaJlt, .,
t.. .atnt.nano. 1. aot .atla'aotor, to Clt,_
Clt, ahaJJ 'urt..r laav. tb. rl,bt to t.ralaat.
an' canc.J tbl. contract'ta tb. .v.nt 0' an,
otber breacbe.'o,.t.. .t.r.. an' ~rovt.lon.
of tbl. contract, an' In aucb event Contractor
...11 be glven tblrt, (30) 'a,. notlce tn
wr1t1ng.
IN WI~NBSS WBBRBOP, the part1es hereto have caused thls
contract to be executed on ebe day .and "earf1rst above wr1tten.
Witnesses:
CIry OP SANFORD, PLORIDA
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BY:
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Warren E. Knowles
City Manager
?,,~I-j'. v/h,;t#
BY~
. . N. 2' , Jr.
City Clerk
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E. David Compton
Sun-State Landscaping
BY:
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