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HomeMy WebLinkAbout2021-3073To: From: Date: Re: Barb, City of Columbia Heights Park Department Barb Thomas Tim Lund 7L March 2, 2021 Contract Request Attached is the service agreement for TruGreen treatments for 2021. Treatments are the similar to 2020 treatments. Changes include discontinuing treatments to the 3?1h A VE hillside and the water tower hillside to establish bee lawns at these locations. The service agreement needs a signature and can be faxed (1-901-291-3325) or emailed AdrianKalstabakken@trugreenmail.com to Skip. Thanks. Contract # 2021-3073 Tim Lund From: Sent: To: Subject: Attachments: Kalstabakken, Adrian <AdrianKalstabakken@trugreenmail.com> Tuesday, March 2, 2021 8:00 AM Tim Lund 2021 SERVICES 2021 CITY OF COLUMBIA HEIGHTS 3-2-21.pdf or Tim here it is TRUGREEN COMMERCIAL OFFICE FAX 651-407-6456 1 COMMERCIAL Customer lnfonnation BILL TO: 637 38TH AVE NE COLUMBIA HEIGHTS, MN 55421 USA Phone: Detail of Charges 2105 2105 @2020 TruGreen L.P. All Rights Reserved 2 2 5 2 2 1 2 Adrian Kalstabakken Phone: 651-248-7434 SERVICE LOCATION: COLUMBIA HEIGHTS LIBRARY 1140 42ND AVE NE COLUMBIA HEIGHTS, MN 55421 USA Phone: $151.00 $69.37 $69.37 $107.00 $78.29 $90.24 $90.24 @2020 TruGreen L.P. All Rights Reserved @2020 TruGreen L.P. All Rights Reserved 2 $80.46 6 $80.46 4 $163.11 5 $163.11 2 $827.52 2 $225.00 2 $1,409.00 2 $3,053.47 4 $184.76 5 $184.76 2 $96.07 2 $83.00 5 $83.00 4 $65.00 Subtotal: $13,751.34 @2020 TruGreen L.P. All Rights Reserved Description : 2021 lawn service @2020 TruGreen L.P. All Rights Reserved Total Sales Tax Amount: $0.00 Grand Total: $13,751.34 Standard Tenns and Conditions 1. Ran. The term of tills Agreement shall one (1) year !\'Om tile date signed by you, the Customer. 2. Price Increases. Prkes or services provided ITT this agreement may be Increased should you add property under this agreement. or In the event ot Increases In the cost or tuel. 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 servlces under thiS agreement aner the first year, or after any subsequent anntversary date of the agreement by a percentage amount not to exceed nve percent {5%) Of the then current pr1ce, or conststent with any tncrease In the current consumer prke lnoex. whichever IS greater. TruGreen shall not Increase its prices on an eJective basis more trequentty tnan once during any agreement year. 3. Payment Terms. Payment Is due to TruGreen within 30 days atter the Invoice date. In the event you fall to make payment when due, TruGreen reserves the lighl to terminate thlS Agreement. A late service fee equal to the iesser of 15% 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 or S25.00 wHI 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 au costs of such collection Including, but no1 limited to, any reasonable attorney's rees or other professk>nal feeS and court costs. 4_ Check processing oolkY ACH. When you provide a check as payment, you authortze TruGreen either to use Information from your check to make a one-time electronic rund transfer from your account or to process the payment as a check transactton. If TruGreen uses Information from your check to make an electronic rund transfer. funds may be withdrawn from your account as soon as the same day we recetve your payment, and you wlU not receive your check back from your financial institution. Returns: In the event that your payment Is returned unpaid, you authortze us the option to collect a fee as aUowed by law through an electronic tund transfer frOm your account. 5. �-In the case or your non-payment or default. TruGreen has the r1ght to tennlnate this Agreement Immediate¥ upon notice to you. TruGreen may terminate this Agreement for convenience upon tnlrty (30) days prior written notice to you. You may cancel thts Agreement for material breach by TruGreen, provided that you gtve TruGreen written notke of tne details of the breach, and tnereaner TruGreen rans to cure the breach wtthln thtrty (30) days aner sak:t notJce. (a). Additional termination proytsk>ns for laoascaoe comoanles orooertv management companies agents an<J other slmUar entities: To the extent you represent one or more property owners and/or properties covered under this agreement. and In the event such owner terminates your contract With regaro to one or more properties, then upon notice to TruGreen, you may terminate tllis Agreement only as n relates to such property tor whth owner terminated its contract with you. To tile extent tllat this Agreement applies to other p,operties, not terminated by the owner, this Agreement shall continue in full force and effect with regard to such other properties. 6. Sale of Property. You agree to notify TruGreen in writing tmmediately in tne event that you sell any property which is the subject of this Agreement TruGreen shall make the appropriate adjustment in price to accommodate tile reouctlon of square footage treated In tile event tllat p,operty Is sol<I. In tile event all p,operty Which Is tile subject of tile Agreement Is sol<I, tllls Agreement shall be terminated upon receipt tl'f TruGreen of your wrttten notice that you have sold the property. Should you tail to notify TruGreen as required In thls provisk>n, you agree to indemnify TruGreen for any damages incurred as a result of your failure to notify. 7. LJAll!L!IY. TRUGREEN IS RESPONSIBLE FOR DIRECT DAMAGES RESULTING FROM ITS NEGLIGENCE OR BREACH OF THIS AGREEMENT. BUT IS NOT RESPONSIBLE FOR AAY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING OR RESULTING FROM THE PERFORMAACE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THE AGREEMENT INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR INCOME, REGARDLESS OF THE BASIS FOR THE CU\JM. 8. puty to Inspect. You have a duty to Inspect the property within nneen (15) days aner service has been performed by TruGreen. tr you beheve TruGreen provided denclent wooc. you agree to notify TruGreen lmmedlatety in writing. If wrttten notice is not received by TruGreen within nneen (15) days aner the date of service, you agree that any and all claims alleging damage of any nature or to recover past payments and/or rights to wtthhol<I Mure payments due under tills Agreement are waived. 9. Notice to te nants empk>yees lnYUees-To the extent necessary, you have a duty to notriy au tenants, employees, viSltors and any other lnvttee on the premises of a schedu� servk:e prk>r to the perfom,ance of any scheduled service by TruGreen. 10. No W arranties-Except as expressly set forth In this Agreement TruGreen makes no warranty or representation or any kind, expressed or implied, concerning either products used or services performed, Including no lmplled warranty or merchantabillty or ntness of the product for any particular purpose, and no such warranty shall be tmplled by law, usage of trade, course of performance, course of dealing, or on any otner basis. 11. Forte ma\eure. Except for the payment or TruGreen·s mvoices owed by you, If either TruGreen or you shall be prevented or delayed In Ule 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 acUon. act of God or any cause beyond such part's control. the obligations hereunder or such party shall be extended tor as long as such cause shall be In effect and any delay or loss suffered by the other party shaU not be chargeable in any way to such party: provided, however, the other party suffering such cause shall immediate� nottty the other party of such inability and shall use reasonal»e efforts to remedy same with all reasonable dispatch. If any event of rorce ma}eure should prevent a party from performing Its obltgations under tnis Agreement for a period of ninety consecutive (90} days, the other party shaff have the right to cancel this Agreement upon notice to the party unable to perfonn tts obligations. 12. No assignment. You shall not have the right to assign tnis Agreement or agree to the transfer of this Agreement by operation of law or otherwise without the pr1or written consent of TruGreen. This Agreement shall be binding upon, and shall inure to the beneflt of. the parties hereto and to any pennitted successors and assigns. 13. Wateeing Cultural Practices. The success of this program depends on proper watering, mowing and cultural practices. some products used by TruGreen may Include label directions requiring the watering of the material after application. If any or these products are used on the property, TruGreen will provide you with watering Instructions following the application and you agree to assume such watertng responsibility. Cllmate conditions, soil condttk>ns, plant diseases, plant material, and miscellaneous external factors wttJ impact response to treatment Results for difficult-to-control diseases wlll vary depending on environment, culture and agronomic programs used or treatment applied. Treatment for dlSeases may Include addltk>nal cost. consurt your TruGreen specialist tor details. 14. ModificaJion of program. This program consists or lawn care and/or tree and shrub care as indk.ated above. Specific products. rates of application and method of application wlH vary with the season, weather conditions, and the needs of your lawn as determined by your TruGreen specialist. Your regularty scheduted programs may be modified depending on the weather and the condition of your landscape. The application methods and procedures used to perform setvlce under this Agreement wm be determined solely by TruGreen. Your TruGreen specialist w1N keep you Informed on any modificaUons to this schedule. 15. insects and Borers. Total Insect ellmlnaflon Is not desirable wltll any program because beneficial Insects will be lost along with tile targeted pests. Plants Invaded by borers have a high p,obability of death or decline. Sound cultural pract�es and control applications may extend the life of some plant species. Treatment for boring Insects may Include additional cost Consun your TruGreen speclaUst wltll details. 16. Authorization to provide SefVice. TruGreen agrees to furnish labOr and materials for purposes or this Agreement and ts authorized by you to treat the property at the address snown at>ove. 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 thts Agreement appnes, you represent and warrant that you have the legal autnortty to execute and bind tile owner of tile property to the terms ano conditions of tllls Agreement. 17. MANDATORY ARBIIRATION. Any claim. dispute or controversy, regarding any contract. tort. staMe, or otherwise rc1a1m·). ar1sing out of or relating to this agreement or the relationships among the parties hereto shall be resolved by one arbitrator througn binding arbitration adminlStered by the Amerltan Art>itratlon Association (AAA}, under tne AAA Commercial or Consumer, as appllcable. Rules Jn effect at tile time tile Claim Is ffled fAAA Rules"). Coples of tile AAA Rules and forms can be located at www.adr.org, or by caHing 1-<100-778-7879. The arl>itrator's decision shall be final, binding, and non­appealabfe. Judgment upon the award may be entered and enforced kl any court having jurisdiction. This clause lS made pursuant to a transaction lnvoMng Interstate commerte and shall be governed by the Federal Arbitration Act. Neither party shaU sue the other party other than as provided herein or for enforcement of this clause or of the art>Hrator's award; any such suit may be brought only In Federal Otstnct Court for the District or, If any such court lacks Jurisdiction. in any state court that has Jurisdiction. The art>ltrator. and not any federal, state, or local court, shall have exclusive authority to resotve any dispute relating to the interpretation, applicability, unconsclonability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part or the Agreement Is void or voidable. However, the preceding sentence shall not appty to the clause entitled ·c1ass Action Waiver.· 18. CLASS ACTION WAIVER. Afr'/ Clalm must be brought In the parties' Individual capacity. and not as a pfalnt1tr or class member In any purported class. collective, representative, multiple plaintiffs. or similar proceeding ("Class AcUon"). The parties expressly waive any ability to maintain any Class Action In any forum. The arbitrator shall not have autnortty to combine or aggregate similar claims or conduct any Class Action nor make an awarll to any person or entity not a party to tile arbitration. Any claim that all or part or tills Class Action Waiver Is unenforceable, unconscionable, void, or vol<lable may be determined only by a court of competent Jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAO 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 UNDERSTAAD AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDMDUALLY, THROUGH ARBITRATION. 19. Unless expresst; noted otherwise herein, this Agreement and any Invoice Issued by TruGreen pursuant to the terms hereof, set forth the entire understanding of the parties, and supersede any and all proposals, negolJaUons, representations and prior agreements relating to tile subject matter or tllls Agreemen� written or otllerwise, including, without limitation any sales agreement previously executed by the partieS. To ttle extent that any terms set forth In an Invoice should conflict with the terms set forth In this Agreement, tnis Agreement shall control. No terms, conditions, or warranttes other than tnose stated herein or In any Invoice issued by TruGreen, and no agreements or understanding, oral or written, In any way purporting to mOdify tllese conditions shall be binding on the parties hereto unless hereaner made In writing and signed by autnonzed 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. By: -0=-'-¥-·----'�---'-'�--"---R�E'-P-"--R-'-�--'-S--'E-NT-A-'T-IV_E/_G _E_N-ER _A _L_M_A-NA_G_E_R _____ Date: -3-'4-'2-1------ Print Name: _,l<.,__._..i...,\\�··_.ne>...,A-U�=T"-=½-'"� ..... �91_E _D t=���+bC=N._T \>i-,c��W1'�S�T ..... �....,�...,E-�"--��¼=���---Date: ________ Customer Signature: -Jd<...-,.;;:A..,�l,At....,��O_.�-IZ..,.�L.ID-><�G:::...E_,.,N_T,_/C_U _S_T_O_M_E_R _______ Date: _�_}_,_'-I _,_)}:\,....._ _____ _ @2020 TruGreen L.P. All Rights Reserved