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Home My WebLink About2018-28482018"2848 4240 CENTERVILLE RD TRU GREFN VADN HEIGHTS, 55127 PHONE E 6 651 - 653 -1200 0 Go greener,- FAX 901 -597 -3140 COMMERCIAL SERVICES 2018 LAWN SERVICE PROPOSAL 08- Feb -18 CITY OF COLUMBIA HEIGHTS TIM LUND 763- 706 -3710 637 38TH AVE NE COLUMBIA HEIGHTS, MN 55421 PRE - EMERGENT, BROADLEAF WEED CONTROL, FERTILIZER, PROPERTY CUST # R01 R02 KUJ R04 R05 KU6 TOTAL _ PRE -M W & F WEED & FEED WEED & FEED WEEDIFEED WEEDIFEED WINTERIZER SPRING LATE SPRING EARLY SMR LATE SMR EARLY FALL LATE SMR PROPOSAL #1 PARKS GATEWAY PARK $ 67.35 $ 67.35 $ 134.70 WARGO PARK $ 41.09 $ 41.09 $ 82.18 SULLIVAN LAKE $ 223.81 SILVER LAKE BEACH $ 110.85 $ 223.81 LIONS PARK $ 181.53 $ 110.85 $ 181.53 iRAMSDELL PARK (ALL) $ 641.89 HILLTOP PARK $ 152.02 _ $ 641.89 BOAT LANDING $ 181.58 $ 152.02 OSTRANDER PARK $ 225.93 $ 181.58 $ 225.93 PRESTEMON PARK (ALL) $ 803.42 HUSET PARK (ALL) $ 2,964.54 $ 803.42 $ 2,964.54 IEDGEMOOR PARK $ 93.96 $ 93.96 MCKENNA PARK $ 802.37 $ 802.37 LABELLE PARK $ 505.70 $ 505.70 $ - $ - TOTALS $0.00 $6,996.04 $0.00 $0.00 $108.44 $0.00 $7,104.48 A 4240 CENTERVILLE RD TRUGREE VADN HEIGHTS, 55127 PHONE E 6 651 - 653 -1200 0 Go greener- FAX 901 -597 -3140 COMMERCIAL SERVICES 2018 LAWN SERVICE PROPOSAL 08- Feb -18 CITY OF COLUMBIA HEIGHTS TIM LUND 763- 706 -3710 637 38TH AVE NE COLUMBIA HEIGHTS, MN 55421 PRE - EMERGENT, BROADLEAF WEED CONTROL, FERTILIZER, PROPERTY TREE AND SHRUB FERTILIZER R01 PRE -M W & F R02 WEED & FEED R03 ORANMENTALBED WEED CONTROL R04 ORANMENTALBED WEED CONTROL R05 WEEDIFEED R06 WEEDIFEED TOTAL SPRING SPRING LATE SPRING SPRING SUMMER EARLY FALL FALL PROPOSAL # 2 CITY PROPERTIES 37TH AVE HILLSIDE $ CITY HALL $ 103.89 $ 103.89 PUMP HOUSE $ 100.48 _ $ 100.48 SACA/MSC $ 88.68 $ 88.68 'VACANT LOT 1307 42ND AVE $ 76.01 $ 76.01 'WATER TOWER# 33/ PUMP $ 167.86 $ 167.86 ,JACKSON POND $ 266.05 $ 266.05 LIBRARY $ 55.35 $ 55.35 $ 179.38 $ 179.38 $ 55.35 $ 55.35 $ 580.16 LIBRARY EAST SIDE OF DRIVE $ 93.28 $ 93.28 LIBRARY TREE /SHRUB FERTILIZE $229.60 $229.60 TOTALS $229.60 $55.35 $951.60 $179.38 $179.38 $55.35 $55.35 $1,706.01 �,, 4240 CENTERVILLE RD TRUGREE J ON HEIGHTS, 55127 N. PHONE 6 651 - 653 -1200 0 Go g►"eL`nG'r" FAX 901 -597 -3140 COMMERCIAL SERVICES 2018 LAWN SERVICE PROPOSAL 08- Feb -18 CITY OF COLUMBIA HEIGHTS TIM LUND 763- 706 -3710 637 38TH AVE NE COLUMBIA HEIGHTS, MN 55421 PRE - EMERGENT, BROADLEAF WEED CONTROL, FERTILIZER, PROPERTY CUST # R01 R02 R03 R04 R05 R06 TOTAL PRE -M W & F WEED & FEED ORANMENTALBED WEED CONTROL ORNAMENTALBED WEED CONTROL WEEDIFEED WEEDIFEED SPRING LATE SPRING SPRING SUMMER EARLY FALL FALL PROPOSAL # 4 LIQUOR STORES TOP VALUE ( 37TH ) $ 87.62 $ 87.62 $ 221.71 $ 221.71 $ 87.62 $ 87.621 $ 793.90 'TOP VALUE ( CENTRAL) $ 104.52 $ 104.52 $ 190.04 $ 190.04 $ 104.52 $ 104.52 $ 798.16 $ TREE & SHRUB FERTLIZATION SPRING $ - TOP VALUE ( 37TH) $ 276.61 $ 276.61 TOP VALUE ( CENTRAL) $ 286.11 $ 286.11 $ $ TOTALS $754.86 $192.14 $411.75 $411.75 $192.14 $192.14 $2,154.78 4240 CENTERVILLE RD TRUGREEN PHON HEIGHTS, 55127 PHONE E 6 651 - 653 -1200 0 Go greener- FAX 901 -597 -3140 COMMERCIAL SERVICES 2018 LAWN SERVICE PROPOSAL 08- Feb -18 CITY OF COLUMBIA HEIGHTS TIM LUND 763- 706 -3710 637 38TH AVE NE COLUMBIA HEIGHTS, MN 55421 PRE - EMERGENT, BROADLEAF WEED CONTROL, FERTILIZER, PROPERTY CUST # R01 PRE-M W & F SPRING R02 WEED & FEED LATE SPRING R03 ORANMENTAL BED WEED CONTROL SPRING R04 ORNAMENTAL BED WEED CONTROL SUMMER ROS WEEDIFEED EARLY FALL KUb DEEP ROOT FERT FALL TOTAL PROPOSAL # 5 STATE AID UNIVERSITY AVE $ 516.26 $ 516.26 $ 728.47 $ 1,760.99 CENTRALAVE $ 440.73 $ 440.73 $ 396.20 $ 1,277.66 $ - TOTALS $0.00 $0.00 $956.99 $956.99 $0.00 $1,124.67 1 $3,038.65 Aw 4240 CENTERVILLE RD TRUGREEN PHONE HEIGHTS, 55127 PHONE E 6 651 - 653 -1200 0 Go greener. rm FAX 901 -597 -3140 COMMERCIAL SERVICES 2018 LAWN SERVICE PROPOSAL 08- Feb -18 CITY OF COLUMBIA HEIGHTS TIM LUND 763- 706 -3710 637 38TH AVE NE COLUMBIA HEIGHTS, MN 55421 PRE - EMERGENT, BROADLEAF WEED CONTROL, FERTILIZER, 25 -0 -5 50% SCU PROPERTY CUST # R01 R02 R03 R04 ROS TOTAL PRE -M W & F WEED & FEED SLOW RELEASE FERTILIZER SLOW RELEASE FERTILIZER WEED/FEED SPRING LATE SPRING SUMMER SUMMER EARLY FALL PARKS $ RAMSDELL PARK (1 SOFTBALL FIELD) $ 96.00 $ 79.95 $ 79.95 $ 75.85 $ 331.75 $ $ $ $ $ $ $ - $ TOTALS _ $96.00 $0.00 $79.95 1 $79.95 $75.85 $331.75 Standard Terms and Conditions �rs,rvrn�cftc�.a � 1. Lemrm, The term of this Agreement shall one(1) year from the date signed by you, the Customer. 2. Price increases. Prices of services provided in this agreement maybe increased should you add properly under this agreement, or in the event of increases in the cost of fuel, material, or labor, or costs incurred by TruGreen due to government regulation and other causes, in addition. TruGreen may elect to increase the price of services under this agreement after the first year, or after any subsequent anniversary date of the agreement by a percentage amount not to exceed five percent (5%) of the then current price, or consistent with any increase in the current consumer price index, whichever Is greater. TruGreen shall not increase Its prices on an elective basis more frequently than once during any agreement year. 3. Pay ment Terms Payment is due to TruGreen within 30 days after the invoice date. In the event you fall to make payment when due_ TruGreen reserves the right to terminate this Agreement. A late service fee equal to the lesser of 1.5% per month (18% a.p.r.) or the maximum interest rate allowed by law will be charged on any balance unpaid over thirty (30) days. A service charge of 525.00 will be charged for any returned check. Should it become necessary to bring an action to collect amounts due under this agreement, you agree to pay all costs Of such collection including, but not limited to, any reasonable attorney's fees or other professional fees and court costs. 4. Check processing POIiqACH_ When you provide a check as payment, you authorize TruGreen either to use information from your check to make a one- time electronic fund transfer from your account or to process the payment as a check transaction. If TruGreen uses information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. Retums� in the event that your payment is returned unpaid, you authorize us the option to collect a fee as allowed by lawn through an electronic fund transfer from you account 5. I ermmation. In the case at your non - payment or derault. t ruGreen has the right to terminate this Agreement immearately upon notice to you. l rutareen may terminate this Agreement for convenience upon thirty (30) days prior written notice to you. You may cancel this Agreement for material breach by TruGreen, provided that you give TruGreen written notice of the details of the breach, and thereafter TruGreen fails to cure the breach within thirty (30) days after said notice (a). Additional termination rovisions for lands a rnmnnnia. r e mono amm1gompanies. ggents and a r simil 116— ; To the extent you represent one or more property owners andfor properties covered under this agreement, and in the event such owner terminates your contract with regard to one or more properties, then upon notice to TruGreen, you may terminate this Agreement only as it relates to such property for which owner terminated its contract with you. To the extent that this Agreement applies to other properties, not terminated by the owner, this Agreement shalt continue in full force and effect with regard to such other properties. TruGreen shall make the appropriate adjustment in price to accommodate the reduction of square footage treated in the event that properly is sold. In the event all property which is the subject of the Agreement Is sold, this Agreement shall be terminated upon receipt by TruGreen of your written notice that you have sold the property. Should you fail to notify TruGreen as required In this provision, you agree to indemnity TruGreen for any damages incurred as a result of your failure to notify. 7. LIABILITY_ TRUGREEN IS RESPONSIBLE FOR DIRECT DAMAGES RESULTING FROM ITS NEGLIGENCE OR BREACH OF THIS AGREEMENT, BUT IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNTIVIE, OR SPECIAL DAMAGES ARISING OR RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THE AGREEMENT INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR INCOME, REGARDLESS OF THE BASIS FOR THE CLAIM. 8. Duty to inspect: You have a duty to inspect the property within fifteen (15) days after service has been performed by TruGreen, if you believe TruGreen provided deficient work, you agree to notify TruGreen immediately in writing,. If written notice is not received by TruGreen within fifteen (15) days after the date of service, you agree that any and all claims alleging damage of any nature or to recover past payments andfor rights to withhold future payments due under [his Agreement are waived. 9. NotLcffl to tenants em is ees invitees. To the extent necessary, you have a duty to notify all tenants, employees, visitors and any other invitee on the premises of a scheduled service prior to the performance of any scheduled service by TruGreen. 10. No Warranties. Except as expressly set forth in this Agreement. TruGreen makes no warranty or representation of any kind, expressed or implied, concerning either products used or services performed, including no implied warranty of merchantability or fitness of the product for any particular purpose and no such warranty shall be implied by law, usage of trade, course of performance, course of dealing, or on any other basis. 11. Force majeure. Except for the payment of TruGreen's invoices awned by you, if either TruGreen or you shall be prevented or delayed in the performance of any or all of the provisions of this Agreement, by reason of any labor dispute, industry disturbance, delay In transportation, governmental, regulatory or legal action, act of God or any cause beyond such party's control, the obligations hereunder of such party shall be extended for as long as such cause shall be in effect and any delay or loss suffered by the other party shall not be chargeable In any way to such party, provided, however, the other party suffering such cause shall immediately notify the other party of such Inability and shall use reasonable efforts to remedy same with all reasonable dispatch. tf any event of force mejeure should prevent a party from performing its obligations under this Agreement for a period of ninety consecutive (90) days, the other party shall have the right to cancel this Agreement upon notice to the party unable to perform Its obligations. 12. No assignment. You shall not have the right to assign this Agreement or agree to the transfer of this Agreement by operation of law or otherwise without the prior written consent of TruGreen. This Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and to any permitted successors and assigns. 13. Vaterno Cultural Practices. The success of this program depends an proper watering, mowing and cultural practices. Some products used by TruGreen may include label directions requiring the watering or the material after application. If any of these products are used on the property. TruGreen will provide you with watering Instructions following the application and you agree to assume such watering responsibility. Climate conditions, soil conditions, ,plant diseases, plant material, and miscellaneous external factors will impact response to treatment. Results for difficult -to- control diseases will vary depending on environment, culture and agronomic programs used or treatment applied. Treatment for diseases may Include additional cost. Consult your TruGreen 14. Modification of program. This program consists of lawn care and/or tree and shrub care as indicated above. Specific products, rates of application and method of application will vary with the season, weather conditions, and the needs of your lawn as determined by your TruGreen specialist. Your regularly scheduled programs may be modified depending on the weather and the condition of your landscape. The application methods and procedures used to perform service under this Agreement will be determined solely by TruGreen. Your TruGreen specialist will keep you informed on any modifications to this 15, Insect and Borers. Total insect elimination is not desirable with any program because beneficial insects will be lost along with the targeted pest Plants invaded by borers have a high provability of death or decline. Sound cultural practices and control applications may extend the life of some plant species. Treatment for boring insects may include additional cost. Consult your TruGreen specta list with details. 15. A_uthorizati n to provide service TruGreen agrees to furnish labor and materials for purposes of this Agreement and is authorized by you to treat the property at the address shown above. You represent and warrant to TruGreen that you are the owner of said property, or in the event that you are not the owner of the property to which this Agreement applies, you represent and warrant that you have the legal authority to execute and bind the owner of the property to the terms and conditions of this Agreement. 'I v. MRINUA I YKY A11h] I KA I [urv, vary c131m, dispute or coniroversy, regararng any contract, tort, statute, or Omer siae ('taatm "), arising out of rearing to [his agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association ("AAA "), under the AAA Commercial or Consumer, as applicable. Rules in effect at the time the Claim is filed ( "AAA Rules"). Copies of the AAA Rules and forms can be located at www.adr.org or by calling 1- 800 -778 -7879. The arbitrator's decision shall be final, binding, and non-appealable- Judgment upon the award may be entered an enforced in any court having Jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration act. Neither party shall sue the other party other than as provided herein or for enforcement of the clause of the arbitrator's award, any such suit may be brought only in Federal District Court for the District or, If any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dlspule relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled "Class Action Waiver." 18. CLASS ACTION WAIVER. Any claim must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding ( "Class Action "). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Acton nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of the Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION. 19, Unless expressly noted otherwise herein, this Agreement and any invoice issued by TruGreen pursuant to the terms hereof, set forth the entire understanding or the parties, and supersede any and all proposals, negotiations, representations and prior agreements relating to the subject matter of this Agreement, written or otherwise, including, without limitation any sales agreement previously executed by the parties. To the extent that any terms set forth in an invoice should conflict with the terms set forth in this Agreement, this Agreement shall control. No terms, conditions or warranties other than those stated herein or in any invoice issued by TruGreen, and no agreements or understanding, oral or written, in any way purporting to modify these conditions shall be binding on the parties hereto unless hereafter made in writing and signed by authorized representatives of both parties. 20. This customer service Agreement is only valid if accepted by you within 30 days of the date submitted to customer. TruGreen Limited Partnership TruGreen By: Date: 2/8/2018 REPRESENTATIVE/ GENERAL MANAGER Print Name: Walt Fehst - City Manager AUTHORIZED AGENT/ CUSTOMER y^! CustomerSignalure f Date: l�(% AUTHORIZED AGENTI CUSTOMER