ITEM 3.7 TruGreen Quoteot
NNESOTA
Request for
City Council Action
DEPARTMENT INFORMATION
ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE:
Parks and Recreation Ross Demant, Parks and April 25, 2016
Recreation Director
PRESENTER(s) REVIEWED BY: ITEM #:
Consent Agenda Adam Flaherty, Finance Director 3.7
AGENDA ITEM DETAILS
RECOMMENDATION:
Staff recommends the approval of the quote from TruGreen Commercial in the amount of $5,000 for the
application of broadleaf weed control to miscellaneous park and utility properties.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
Yes
No
BACKGROUNDMUSTIFICATION:
For the 2016 herbicide application, City staff contacted two vendors to request quotes for application of
approximately 90 acres of City properties.
TruGreen Commerical provided the City with the lowest quote of $5,000. The properties that will
receive applications are a combination of City Hall, Prairie Center, parks, and WWTF properties. All of
the properties are currently where the City maintains the turf either by irrigation and/ or mowing. The
proposed application will be scheduled for early spring and will be scheduled during the times of the day
when the parks are receiving minimal use.
The City will require the contractor to adhere to all state laws, the specifications laid out in the MSDS
labeling, and post the appropriate signage.
SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE
A. TruGreen Commerical 2016 Quote
B. 2016 TruGreen Commerical Service Contract
MOTION: (Please word motion as you would like it to appear in the minutes.)
Motion to approve the quote from TruGreen Commerical to provide broadleaf weed control at
miscellaneous City properties.
BUDGET INFORMATION
FUNDING: BUDGETED. X YES
101-45200-390
602-49450-390 NO
er'TlrIKI TAVPKI
Barry Larson
TR U G- RI Em=E- iN, � 1 (612)685-0152
COMMERCIAL
L
Customer Information
Bill To: Service Location:
City of Otsego
8899 Nashua Ave NE
8899 Nashua Ave NE Otsego, MN 55330
Otsego, MN 55330 USA
USA
(763)235-3155
Detail of Charges
City of Otsego Weed Control Service 11 $5,000.00
Subtotal $5,000.00
Total Sales Tax $0.00
Amount
Grand Total $5,000.00
@2016 TruGreen L.P. All Rights Reserved
standard Terms and Conditions
1. Term. 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 may be increased should you add property 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 addNon, TruGreen may elect to increase the price of services under
this agreement after the fist year, or after any subsequent anniversary sate 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 Payment Terms, Payment Is due to TruGreen within 30 days after the Invoice sate. In the event you fall to make payment when due, TruGreen reserves the light 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 $25.00 win 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 ad costs of such collection including, but not limited to, any reasonable attorneys fees or other professional fees and court costs.
C Check processing poly ACH: When you provide a check as payment, you authorize TruGreen either to use Information from your check to make a one -lime 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. Returns: in the event
that your payment is returned unpaid, you authorize us the option to coded a fee as allowed by law trough an electronic fund transfer from your account.
5. TerminaUo . In the case of your non-payment or default, TruGreen has the right to terminate this Agreement immediately upon notice to you. TruGreen may terminate this
Agreement for convenience upon tarty (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 falls to cure the breach within thirty (30) days after said notice. (a). Additional terminalion nfyisions for
landscape companies property management companies agents and other slmdar 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 d relates to such property for which owner terminated its contact 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 effect with regard to such other properties.
8. Sale of ProoeAv. You agree to notify TruGreen in writing immediately In the event that you sell any property which is the subject of this Agreement. TruGreen shaft 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 TruGreen or your written notice that you have sold the property. Should you fail to notify TruGreen as
required in this provision, you agree to Indemnify 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, 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.
S Dlxw 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 noilly TruGreen Immediately in writing. it 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 and/or lights 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 TruGreen.
10. No Warranties. Except as expressly set forth In this Agreement, TruGreen makes no warranty or representation of any kind, expressed or Implied, concemng ether
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 maleure. Except for the payment of TruGreen'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 parrs control, the obligations hereunder of such party shad be extended for as long as such cause shad 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 shad immediately notify the other party of such InabiNy, and shad
use reasonable efforts to remedy same with air 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 party shad have the light to cancel this Agreement upon notice to the panty unable to perform its obligations.
12. No assogienL You shad 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 shad 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 TruGreen may Include
label directions requiring the watering of the material after application. If any of these products are used on the property, TruGreen win provide you with watering Instructions
following the application and you agree to assume such watering responsibility. Climate conditions, sod conditions, plant diseases, plant material, and miscellaneous external
factors will inpact response to treatment. Results for difficult -to -control diseases war vary depending on environment, culture and agronomic programs used or treatment
applied. Treatment for diseases may include additional cost. Consult your TruGreen specialist for details.
14, Modification of program. This program consists of lawn care and/or tree and shrub care as indicated above. Specifc 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 or your landscape. The application methods and procedures used to perform service under this Agreement will be
determined solely by TruGreen. YourTruGreen specialist was 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 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 bird the owner of the property to the terms and conditions of this Agreement.
W. MANDATORY ARBITRATION. Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise ('Clam'), arising out of or relating to this agreement Or
the relationships among the parties hereto shall be resolved by one arbitrator through biding 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.adcorg, or by calling 1-800-778-7870. 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 shad be governed by the Federal Arbitration Ad. Neither party
shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrators 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, unconscionali ity, arlitrabifity, 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 WAIVFA 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 paces expressly waive any ability to maintain any Class Acton 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 Wailer Is unenforceable, unconscionable, void, or voidable may be determined orgy 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 of the parties,
and supersede any and ad proposals, negotiations, representations antl prior agreements relating to the subject matter of this Agreement, written or otherwise, including, wit out
tiritation any sales agreement previously executed by the parties. To the extent that any terms set forth In an Invoke should conflict with the terms set forth in tits 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 purporikg to modify these conditions shall be bindag on the parties hereto unless hereafter made in writing and signed by authorized representatives of
both parties.
20. This customer service Agreement Is onlyvafid if accepted byypu within 30 days of the sate submitted to customer.
TruGreen Limbed Partnership
By: Date:
REPRESENTATIVEIGENERAL MANAGER
Print Name: Date:
Customer Signature: Date:
AUTHORIZED AGENT/CUSTOMER
@2016 TruGreen L.P. All Rights Reserved
Signature:
Email: barrylarson@trugreenmail.com
CITY OF OTSEGO SERVICES CONTRACT
AGREEMENT, made this 25t` of April, 2016, between the CITY OF OTSEGO, a political
subdivision ("CITY") and TruGreen Commercial ("CONTRACTOR");
RECITALS
CITY has awarded to CONTRACTOR the job described below,
Description of Project:
Perform 2016 herbicide application to 90 acres of City Property using Escalade 2 for the
amount of $5,000.
1. Contract Performance. CONTRACTOR shall complete performance of the
PROJECT in accordance with the TruGreen Commercial quote emailed on Monday, April
18t', 2016.
2. Compliance with Applicable Regulations. CONTRACTOR shall, pursuant to
performance, comply with all applicable rules, regulations, statutes or ordinances of any
other unit or agency of government, including but not limited to those relating to non-
discrimination in hiring or labor practices, payment of all required withholding taxes,
workers' compensation and unemployment compensation insurance, liability insurance,
OSHA or other safety rules and regulations, construction practices, environmental practices,
wetland protection measures, vehicular safety and/or weight restrictions, refuse disposal
practices, and notices to employees, whether or not such rules, regulations, statutes or
ordinances are set forth or adopted by reference in the Submission Requirements herein.
Pursuant to Laws of Minnesota 1995, Chapter 31, if CONTRACTOR shall fail to pay any
subcontractor hired by CONTRACTOR under this project within 10 days after
CONTRACTOR receives payment from CITY for work for which CONTRACTOR is
liable to any subcontractor, CONTRACTOR shall be liable to the subcontractor for interest
on the unpaid balance, at the rate of 1.5 per cent per month. Any subcontractor aggrieved by
CONTRACTOR'S failure to remit payment to the subcontractor shall, for the purpose of
enforcement, be considered a third -party beneficiary of this contract. However, nothing in
this contract shall be deemed to impose upon CITY any duty to monitor, enforce or
otherwise become involved in payments from CONTRACTOR to any subcontractor.
3. Indemnification. CONTRACTOR shall indemnify and save harmless CITY from
any liability arising out of CONTRACTOR's failure to observe compliance with Paragraph
2 above, specifically including, without limitation, liability arising out of the improper
disposal or storage of any hazardous waste by CONTRACTOR or any entity hired or used
by CONTRACTOR for such disposal.
4. "Warranty of Workmanship Products and Timely Completion. In addition to any
warranty which might be part of the Plans and Specifications/Proposal, CONTRACTOR
warrants that all work completed in connection with the PROJECT shall be done in a
workmanlike and timely manner and in accord with applicable industry standards and
that all chemicals and other products utilized by CONTRACTOR will be chosen for their
effectiveness for the purpose used. CONTRACTOR specifically warrants that all
chemical applications it makes will be effective in controlling weeds and unwanted
growth and promoting healthy lawn growth. Where materials are being furnished by
CONTRACTOR, CONTRACTOR warrants that all materials will be of good quality and
suited for the purpose for which they are intended."
Compliance with Statutory Requirements
A. Data Practices Compliance:
Contractor may have access to data collected or maintained by the City to the extent
necessary to perform Contractor's obligations under this contract. Contractor agrees
to maintain all data obtained from the City in the same manner as the City is
required under the Minnesota Government Data Practices Act, Minnesota Statutes
Chapter 13. Contractor will not release or disclose the contents of data classified as
not public to any person except at the written direction of the City. Contractor
agrees to defend and indemnify the City from any claim, liability, damage or loss
asserted against the City as a result of Contractor's failure to comply with the
requirement of the Act or this contract. Upon termination of this contract,
Contractor agrees to return data to the City, as requested by the City.
B. Worker's Compensation
Contractor shall, at the time of execution of this contract, furnish evidence
satisfactory to the City that Contractor maintains or is exempt from maintaining
Worker's Compensation coverage, pursuant to Minnesota Statutes Chapter 176.182.
C. Income Tax Withholding
Prior to the time of final payment of any amounts owing to Contractor under this
agreement, Contractor shall furnish a copy of Form IC-134, certified by the
Minnesota Department of Revenue, documenting that all withholding tax
requirements have been observed by Contractor.
D. Audit
Pursuant to Minnesota Statutes Chapter 16C.05 (subd. 5), the books and records of
Contractor which are relevant to the services being performed under this Contract
shall be subject to inspection in accord with said statute, for a period of six years
from the date of final payment hereunder.
4. Performance and Payment Security (Check One)
X Contractor is not required to post any performance and payment security as a
condition of this Contract by reason of the fact that the contract amount is for less than
$75,000.00, and City is not requiring performance security.
Contractor is required to post performance and payment security acceptable to the
City, even though the contract price is less than $75,000.00.
Contractor is required to post performance and payment security because the
contract price is more than $75,000.00.
Note: Regardless ofwhich option above is checked, ifperformance and payment security is
required, the security shall meet that standards outlined in Minnesota Statutes Chapter
574.26.
5. Notices
Any notice which is or should be required to be given to CONTRACTOR shall be
sufficient if addressed as follows, and deposited, postage prepaid, in the regular
United States Mail. Notice shall be deemed to have been received on the third
business day following the postmark:
TruGren Commercial
11755 95th Ave N
Maple Grove, MN 55311
6. Termination
Either party may terminate this agreement on 30 days written notice to the other.
7. Payment
City shall remit to Contractor the amounts billed for services assuming that
Contractor has fully complied with all of the terms of this agreement, completing
the project in a timely and compliant manner.
IN WITNESS WHEREOF, the parties have executed this Agreement the date above written.
CITY OF OTSEGO
Mayor
City Clerk
CONTRACTOR
Its