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909-Cemetery Maintenance CEMETERY MAINTENANCE CONTRACT by and between the CITY OF SANFORD, FLORIDA, a municipal corporation, hereinafter called "City" and the Bon Terre Group, Inc. whose m~iling address is 325 Walker Street, Suite B; Holly Hill, Florida 32117, hereinafter called "Contractor". WITNESSETH: WHEREAS, the City Commission of the City of Sanford, Florida has accepted the bid of Contractor to provide m~intenance 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 pardes rehtive 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 thereficom, the pardes hereby agree to as follows: 1. The City shall pay unto the Contractor the annual sum of $49,355.80 payable in monthly installments OF $4,935.58. Said installments to be payable at the last date of each month beginning December 1, 2001 and ending September 30, 2002. 2. Contractor agrees to provide maintenance service on certain parcels of property owned by City, known as: Lakeview Municipal Cemetery Parcels A & B, Evergreen Municipal Cemetery First Addition and Second Addition, Crawford Property, and Page Jackson Cemetery. The patties specifically agree that the term maintenance is defined as and shall consist of the following weekly mowing of grass in all roadways; walkways; right-of-ways and cemetery lots; weedeating and edging cemetery lots and grave markers; trimmingo shaping and removal of trees and shrubs, including hedges; fertilization of cemetery lots; weeding shrub beds; removal of trash and refuse; weekly cleaning of gazebo; pesticide applications; and removal of sknabs and trees, including fallen trees; as spedfled by City. Contractor agrees to provide eight (8) hours of "Bush Hog" type mowing every thirty (30) days in the parcels identified as Lakeview B, and Page Jackson Cemetery. Standard maintenance shall not be required on these parcels; only '"Bush Hog" type mowing will be required. 3. Contractor shall be responsible for purchasing and applying fertilizer twice a year to all cemetery lots. Chemical analysis and dates of application shall be determined by the Parks and Grounds Maintenance Manager. 4. Unless otherwise directed Contractor shall remove from any gravesite all fresh flowers and vases seven CO days following burial Artificial flowers and potted phnts are to be removed when faded or no longer appropriate. Sho~d the Contractor be uncertain about any removal he shall contact the Parks and Grounds Maintenance Manager. 5. Contractor shall funfish no less than two (2) skilled employees, one of which must be fluent in speaking English, five (5) days per week, Monday through Friday (7:00 a.m. - 4:00 p.m.) With tools, equipment, and materials necessary to maintain the cemetery properties in accordance with this contract. A minimum of eighty (80) man-hours per week shall be provided by the Contractor. Weekend work will not be permitted unless approved in advance by the Parks and Grounds Maintenance Manager. 6. The City shall provide the Contractor Daily Work Sheet forms. These forms must be completed and turned in by the Contractor or his designated representative within twenty-four (24) hours following the work day said report covers, and shall include such information as number of hours worked, number of employees, areas worked in, types of work accomplished etc.. The City of Sanford shall charge a penalty of $50.00 for each work sheet not turned in within the time specified. 7. Contractor shall be responsible for and use utmost care in protecting City property. Contractor shall be solely responsible for rectifying any and all d~m%g~ including any work deemed as not acceptable by the City at no cost to the City. Furthermore, Contractor shall be responsible for the repair or rephcement of damaged headstones, markers, coping, hose bibs, phnts or other property caused by his employees' actions or use of mechanical devices, chemicals or other causes that may result in damage. 8. All vauch!iqm damage to the irrigation system, landscaping, headstones/markers and other City property shall be reported to the City's representative immediately. All damages caused by vand-li~m shall be repaired and t~phced at City cost City may elect to repair with City staff or contract with Contractor on a time and materiM basis. 9. Contractor shall be responsible to respond to all emergency calls regardless of time or day. Contractor shall furnish the talephone ambers for at least two (2) representatives to the City's represantative, and shall inform the City's representative any time there is a change. g. mergency repairs, when necessary, may be made by the City without relieving the Contractor of his obligation to perform under this contract. Contractor shall reimburse the City fur all expenses incurre. eL 10. Dne to the unique natare of the Cemetery and need for respect of same, Contractor will make certain that all grave sites are mowed and weedeater prior to interment. Furthermore, Contractor is not to disturb same while service is in progress. 11. Certain lot owners have specifically requested that their areas not be disturbed or maintained by the Contractor. Prior to commencing this contract the Clty's representative wilt provide a list of these areas to the Contractor. Under no circumstances is the Contractor to disturb these lots. 12. On occasion the City may receive a complaint or request for additional work from a cemetery lot owner. Upon receipt of said request, the City will furnish to the Contractor a Cemetery Maintenance Request form outlining specifically that which is requested. Coatractor is to complete this work as time pemis. Upon work completion he is to sign the'sheet and return it to the Parks and Grounds Maintenance Manager. 13. Contractor shMl furnish a performance, materials and payment bond in an amount equal to (100°/0) of the contract pie as security for the faithful peffonmace of this contract and for the payment of all persons performing hbor and furnishing material. 14. Contractor agrees to maintain workers compensation and liability insurance for coverage of persons and property and Contractor further agrees to indemnify and hold harmless from any liability which may be sustained by the 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 prior to commencing thi~ contract. The City is hereby indemnified and held harmless by the Contractor. t5. After obtain lag written approval from the City Contractor may hire cl, mlified subcontractors when reqnired to perform speciMi~ed functions of work requiring speci~!i~ed equipment or expertise. All subcontractors must meet and satisfy the same guidelines/requiremants as the Contractor. Furthermore, whenever Contractor hires a subcontractor he must submit a release of lien with his next monthly invoice. 16. The City shall inspect the work area to insure adequacy of maintenance and that methods of performing the work are in compliance with the contract. However, this shall not be construed to relieve the Contractor of the duty to provide continuous inspection of the work area, and any diserepandes and deficiencies in the work shall be corrected by the Contractor immediately. The City's representative shall also meet with the Contractor's representative the first Friday of each month to review the performance of the Contractor for the preceding month. 17. The terms and provisions of the contract shall be governed by the laws of the State of Florida. No agreement of representation unless incorporated in this contract shall be binding upon the parties. In connection with any litigation arising out of thig contract the prevailing patty shall be entitled to costs including reasonabk attorney's fees. 18. The term of the contract is from December 1, 2001 through September 30, 2002. City shall have the right to terminate and cancel this contract in the event the City finds that the quality of the maintenance is not satisfactory, City shall further have the tight to terminate and cancel this contract in the event of any other breaches of the terms and provisions of the contract, and in such event Contractor shall be given thirty (30) days notice in writing. In the event of satisfactory performance by the Conlxactor, the contract may be extended for a period not exceeding twenty- four (24) additional months. 19. Any notices required or permitted hereunder shall be in writing and shall be deemed properly made when deposited in the United States mail, postage paid, and addressed as set forth herein, or at such other address as shall have been specified by written notice to the other party delivered in accordance herewith: FOR THE CITY Tony V,-Denvorp, City Manager City of Sanford P.O. Box 1788 Sanford, Florida 32772-1788 FOR THE CONTRACTOR The Bon Terre Group, Inc. 325 Walker Street, Suite B Holly Hill, Florida 32117 IN WITNESS WHEREOF, the City and the Contractor have caused this Contract to be executed the day and year first above written.