R2009-61 APPROPRIATING FUNDS FOR AGREEMENT WITH MACON RESOURCES, INC.

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4. MRI shali maintain the scheduled CITY plots and planters free from weeds, garbage, and debris, including leaves and other plant materials; shall remove and dispose of weeds, brush, clippings, leaves, trash, and debris from each scheduled site on a weekly basis; shall trim shrubs on a rotating schedule; and shall rake and apply mulch to ensure attractive appearance and proper depth. 5. For purposes of this AGREEMENT: "weed free" shall mean no greater than a 10% weed infestation at one inch maximum height, per plot or planter, and "garbage and debris free" shall mean that the area within a ten foot perimeter of the plot or planter shall be free of garbage, litter, lawn refuse, excessive accumulation of leaves, and/or other debris immediately after service each week. 6. MRI'S Lawn Care Supervisor shall communicate immediately with designated CITY employees any issues which may jeopardize the appearance or integrity of the planting beds such as mulching, fertilization, damage or vandalism. The MRI Lawn Care Supervisor shall meet with CITY employees at least once monthly during the term of this AGREEMENT, to ensure quality of services. 7. CITY shall pay the sum of $40,367.40 as and for the "turnkey solution" MRI agrees to provide herein. Payments will be made on a monthly basis for work performed during the months of May, June, July, August, September, and October, 2009. MRI shall submit an invoice at the end of each month demonstrating in detail the work completed. Within thirty (30) days of inspection and approval of the work, CITY shall pay the amount invoiced. 8. The term of this AGREEMENT shall be from May 18, 2009, through and including October 2, 2009. This AGREEMENT may be renewed for not to exceed one additional term, upon written agreement of the parties executed within 90 days following expiration of the initial term of this AGREEMENT. In the event this AGREEMENT is renewed, the terms and conditions herein shall continue through the term of the renewal unless and until modified in writing by the Parties. 9. Wages paid by MRI for work performed under this AGREEMENT shall comply with applicable Department of Labor requirements for this type of service work. 10.Persons employed by MRI to perform work under this AGREMENT shall not be considered employees of CITY, nor shall CITY be responsible for their training, equipment or supervision. MRI shall maintain sufficient supervision and control of its operations to ensure that the services described herein shall be performed in a good and competent manner at all times. All work shall be accomplished per the work specifications herein described to the Satisfaction of CITY, prior to payment for those services. 2