HomeMy WebLinkAbout12-146 - TruGreen - Fire Station #51 Lawn Service4r COMMERCIAL SERVICE
Branch Address:
TR�s GREDY
Branch: Seattle South 4335 12-146
COMMERCIAL AGREEMENT
Phone Number: (253) 435-1347 option 2 Council Approval NIA
Email: ketseyskaug @trugreenmail.com
Address Line 1 402 valley Ave NW ste 110
Address Line 2
City Puyallup State WA Zp 98371'
Property Address:
Bill To:
Name: Tukwila Fire Dept.
Name: Tukwila Fire Dept.
Contact Name: Dianne
Contact Name: Dianne
Phone Number: 206 575 -4404
Phone Number: 206 575 -4404
Email:
Email:
Address Line 1 444 Andover Park E
Address Line 1 444 Andover Park E
Address Line 2
Address Line 2
City Tukwila State WA Zip 98188
R City: Tukwila State WA Zip 98188
LAWN CARE SERVICES
. AND SHRUB CARE
TREATMENT DESCRIPTION /As Needed COST
TREATMENT DESCRIPTION /As Needed COST
• FERTILIZATION
• SUPERIOR HORTICULTURE OIL
APPLICATION 2
• CRANE FLY CONTROL
APPLICATION 1
• MOSS CONTROL
'
• FERTILIZATION -
• FERTILIZATION
APPLICATION 2
WEEDCONTROL
APPLICATION 2
• MOSSCONTROL
$79.00'
'
• CRANE FLY (IF NEEDED)
'
• FERTILIZATION
• INSECTCONTROL
APPLICATION
• WEED CONTROL
APPLICATION
• DISEASE CONTROL
$79.00
• FERTILIZATION
s INSECTCONTROL
APPLICATION 4
• WEEDCONTROL
APPLICATION 4
• DISEASECONTROL
$79.00
• FERTILIZATION
• INSECTCONTROL
APPLICATION 5
• WEED CONTROL
APPLICATION 5
• DISEASE CONTROL
$79.00
• FERTILIZATION
• INSECT CONTROL
APPLICATION 6
• WEED CONTROL
APPLICATION 6
• DISEASECONTROL
•
$79.00
• FERTILIZATION
• FERTILIZATION
• SUPERIOR HORTICULTURE OIL
APPLICATION 7
WEED CONTROL
APPLICATION 7
ANNUAL LAWN CARE COST:
$395.00
ANNUAL TREE /SHRUB CARE COST:
BENEFICIAL
DESCRIPTION /As Needed
COST
DESCRIPTION /As Needed
COST
® AerMienfOverseed /Lime performed on all lawn panels in the fall timeframe.
$285,00
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ANNUAL BENEFICIAL SERVICES COST:
ANNUAL BENEFICIAL SERVICES COST:
TOTAL SALES TAX:
$37.53
TOTAL SALES TAX:
TOTAL ANNUAL LAWN CARE SERVICE COST:
$43253
TOTAL ANNUAL TREE /SHRUB SERVICE COST:
COMMENTS:
COMMENTS:
The aeration /overseed /lime treatment highlighted in yellow above is not currently in your treatment schedule.
An aeration /overseed /lime treatment will open the lawn panels to better receive water,air and nutrients
required to maintain a thick green lawn. Our overseed replaces grass lost due to attrition with a triple blend of
cept our quoted services for the 2013 season:
100°/ perennial rye with no weed or unwanted grass in the mix and our time will amend the soil over a six
month period, sweetening the soil and balancing the lawns Ph. Additionally, lime imparts micro nutrients such
as calcium, iron and manganese. To accept this service addition for 2013, please initial the line to the right.
/
If you accept the aeration /overseed /lime application for 2013, your total payment with tax is $744.60.
To accept ONLY the services you had in 2012 for 2013:
Thank you very much for your business! We appreciate it.
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Standard Tereus and Conditions
1. Tenn. The tens of this Agreement shall be three (3) years from the date signed by you, the Customer. This Agreement shall automatically renew for additional one (1) year terms unless canceled in writing by either party no tens than
sixty (60) days written notice prior to the end of the then - current term.
2. Price Increases. (a) Increase in Property Size. Because the size of your property is a significant factor in determining the cost of T.Green's services, TruGreen may increase the specified charges proportionally to reflect any
additional costs incurred should you add property under this Agreement. (b) Fuel, Material, and Labor Cost Increases. Because the product, labor, and fuel costs constitute a significant portion of TmGreen services, TmGreen may
increase the price hereunder in the event of a cost increase in any of these areas. Similarly, TmGreen may experience cost increases as a result of other unforeseen circumstances, including, but not limited to, changes in government
regulation, etc. To offset cost increases based on any of these issues, TmGreen shall provide you thirty (30) days written notice prior to any such necessary pdce adjustment, including a statement of the associated reason. If you do not
object in writing to the pace adjustment within such thirty (30) day period, the Agreement shall continue [hereafter at the adjusted price. If you object, you and TruGmen will enter into a ten-day good -fafth negotiation period. If a mutually
acceptable solution cannot be reached during such ten-day period, either parry may terminate this Agreement upon thirty (30) days written notice. (c) Annual Price Increases. TruGmen 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. With the exception of increases as described in subparagraphs (a) and (b) of this paragraph 2, TruGmen shall not increase its prices on an elective basis more frequently than once during any
Agreement year.
3. Payment Terms. Payment is due to TruGmen within 30 days after the invoice date. in the event that you fail to make payment when due, TruGreen reserves the right to temlinate 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 $25.00 will be chalgod fur any returned check. Should it become necessary to
bring an action to tolled amounts due under this agreement, you agree to pay all costs of such collection including, but not limited to, any reasonable outside counsel, in -house counsel, paralegal or other professional fees and court
costs.
4. Check processing policy ACH: 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 fmm 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 all not receive your check
back from your financial institution. Returns: in the event that your payment is returned unpaid, you authorize us the option to collect a fee as allowed by law through an electronic fund transfer from your account.
5. Termination. In the case of your non - payment or default, TmGreen has the right to terminate this Agreement immediately upon notice to you. You may cancel this Agreement for material breach by TmGreen, provided that TruGmen
is provided written notice by you of the details of the breach, and thereafter fails to cure the breach within thirty (30) days after said notice. Additional termination provisions for landscape companies, property management companies,
agents and other similar 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 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 shall continue in full force and erect with regard to such other properties.
S. Sale of Property. You agree to notify TruGreen in writing immediately in the event that you sell any property which is the subject of this Agreement. TruGmen shall make the appropriate adjustment in price to accommodate the
reduction of square footage treated in the event that property is sold. In the event all property which is the subject of the Agreement is sold, this Agreement shall be terminated upon receipt by TmGreen of your written notice that you
have sold the property.
7. LIABILITY. TRUGREEN IS RESPONSIBLE FOR DIRECT DAMAGES RESULTING FROM ITS NEGLIGENCE, BUT IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, 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 TruGmen. If you believe TruGreen provided deficient work, you agree to notify TmGreen immediately in writing. If
written notice is not received by T.Green 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 and/or rights to withhold future payments due under
this Agreement are waived.
9. Notice to tenants, employees. 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 TmGreen.
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 memhamability 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 TruGmen's invoices owed 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 part's control, the obligations hereunder of such party shall be extended for as long as such cause
shalt 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. If any event of force majeure should prevent a party from performing its obligations under this Agreement for a period of ninety consecutive (90) days, the other
patty shall have the right to cancel this Agreement upon notice to the party unable to perfomc 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 TmGreen. This Agreement shall be binding upon,
and shall inure to the benefit of, the parties hereto and to any permitted successors and assigns.
13. Watering, Cultural Practices. The success of this program depends on proper watering, mowing and cultural practices. Some products used by TruGmen may include label directions requiring the watering of the material after
application. If any of these products are used on the property, TruGmen 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 TruGmen specialist for details.
14. Modification of program. This program consists of lawn care and/or free 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 TruGmen 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 TruGmen. Your TmGreen specialist will keep you informed on any modifications to this schedule.
15. Insects and Borers. Total insect elimination is not desirable with any program because beneficial insects will be lost along with the targeted pests. Plants invaded by borers have a high probability 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 specialist with details.
16. Authorization to provide service. TruGreen agrees to furnish labor and materials for purposes of this Agreement and is authorized by you to beat the property at the address shown above. You represent and warrant to TmGreen
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-
17. Notice. All notices as required under this Agreement shall be made to:
Customer.
TmGreen:
18. MANDATORY ARBITRATION. Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (Claim), arising out of or relating to this 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 CAAA 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 and 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 parry shall sue the other party other than as provided herein or for enforcement of
this cause or 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 dispute relating to the interpretation, applicability, unconscionabilhy, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the
Agreement is Vold or voidable. However, the preceding sentence shall not apply to the clause entitled 'Claw Action Waiver.'
19. CLASS ACTION WAIVER. Any Claim must be brought in the parties' individual capacity, and not as a plainttff or class member in any purported class, collective, representative, multiple plaintiff, 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 Action nor make an award to any person or
entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable maybe 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.
20. Unless expressly 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, 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 slated heroin or in any invoice issued by TwGreen, 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.
21. This customer service Agreement is only valid if accepted by you within 30 days of the date submitted to customer.
/ Customer Signature:
AUTHORIZED AGENT/ CUSTOMER