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HomeMy WebLinkAboutTrugreen/StreetsSERVICE AGREEMENT 2009 SERVICE ADDRESS Customer. CITY OF CARMEL Address: ROUNDABOUTS Clty/St2lp: PHONE: Ca,nk?'acf ?' 06033 • o(o BILLING INFORMATION customer Address: City/St Zlp: PHONE: LAWN CARE SERVICES TREE AND SHRUB CARE SERVICES TREATMENT DESCRIPTION COST DESCRIPTION COST SPRING re-ff I ¢a on Broadleaf Weed CoVOI Pre-Emer ent for Cra rass Control Horticulture I Insect Control $ SPRING I-emazabon Broadleaf Weed Control S FRound2 Fertilization Root Zone Fertilization $ SUMMER i-emlization Broatl eaf Weed Control $ Insect Control Disease Control $ 2,100.00 SUMMER Broadleaf Weed Control $ - Round 4 Disease Control $ 2,100.00 FALL Broadleaf Weed Control Round 5 Disease Control $ 2,100.00 FALL em za on Broadleaf Weed Control $ - Round ii a on Root Zone Fertilization $ - Core Aeration ANNUAL LAWN CARE COST BENEFICIAL SERVICES $. - COST E ANNUAL TREE It SHRUB CARE COST BENEFICIAL SERVICES Round u for bed preparation $ $ 6,300.00 COST Core Aeration With overseedin E Soft Edging of mulch beds $ - Grub Control E Mulch Installation $ 43,725.00 Soling Flowers $ Summer Flowers E - Bed Weed Control $ 28,662.40 Fall Flowers E Pre-emergent Bed Weed Control spring & fall $ 660000 Fungicide Apps $ Summer Pruning $ 6057.80 $ Fall Pruning E 8,057.80 $ Spring Trim &Shape $ E Summer Trim & Shape $ Mowin : Fall Trim & Shape $ $ Spring Clean u $ 5,900,00 Fail Clean up $ 4,325.00 ANNUAL BENEFICIAL SERVICES COST $ ANNUAL BENEFICIAL SERVICES COST $ 101 328.00 TOTAL SALES TAX $ TOTAL SALES TAX TOTAL ANNUAL LAWN CARE SERVICE COST $ TOTAL ANNUAL TREE 6 SHRUB CARE SERVICE COST $ iD7.62B.OO 2010 2011 2012 TOTAL ANNUAL SERVICE COST $ 107,828.00 5/192009 AUTHORIZED SIGNATURE DATE RESIDEN AL SAL S GER DATE PH E # 5-0215 FAX: 317-57D-2310 CELL# 317-714-1009 TRUGREEN QUALITY GUARANTEE TRUGREEN IS COMMITTED TO PROVIDING THE HIGHEST QUALITY SERVICE. OUR AGRONOMIC AND HORTICULTURE PROGRAMS'ARE ' . CAREFULLY DESIGNED TO PROVIDE YOUR PROPERTY WITH ALL OF THE COMPONENTS NECESSARY TO PRODUCE HEALTHY, BEAUTIFUL LAWNS, TREES AND SHRUBS. IF YOU ARE NOT SATISFIED WITH THE RESULTS OF OUR APPLICATION AND NOTIFY US WITHIN 15 DAYS AFTER THE TREATMENT, WE WILL RETREAT THE PROBLEM AREA FREE OF CHARGE. IN ADDITION TO RETREATING THE AREAS, WE WILL ANALYZE THE. AREA AND MAKE SPECIFIC RECOMMENDATIONS TO REMEDY THE PROBLEM. TRUGREEN SERVICES H This program consists of lawn care andlor tree and shrub care as indicated on the front of this agreement. Specific products, dates 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, r please call us. We have a full time Customer Service Reoresentative in' each TruGmen branch who vnll work with you to oversee your landscape care program. Ifyou have a question or request, we will respond quickly and effectively within 48 hours. TIMING OF TREATMENTS TruGmen is responsible for scheduling your landscape for timely treatment. Treatments are generally made at 410 7 week intervals for lawn or tree and shrub care. You will be notified if there is any variation on this schedule of regular or additional. services WEATHER AND CULTURAL PRACTICES These regularly scheduled programs my be modified depending on the weather and the oon'dition of your landscape. Your TwGreen Specialist volt keep you informed on any modifications of this schedule. The,success of this program depends on proper watering, mowing and cultural practits. If you need assistance, please consult your TruGreen Specialist. SERVICE CALLS TruGmen is committed to working with you in every way we can to achieve the lush,'well kept lawn, trees and. shrubs you'll be proud of Should you nave a questions about our service or treatment program,. INSECT PROBLEMS Total insect elimination is not desirable with any program because ' beneficial insects will be lost along with the targeted pests. Acceptable levels of activity and,targeted applications combine to give enhanced plant aesthetics. BORING INSECT PROBLEMS - Plants invaded by boners 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. DISEASE PROBLEMS Climate conditions, type of disease and plant material affected will impact response. Results for difficult-tocontrol diseases will vary depending on environment, culture and agronomic programs used or treatment applied. Treatment for diseases may. include additional costs. STANDARD TERMS AND CONDITIONS 1. TRUGREEN AGREES TO FURNISH LABOR AND MATERIALS AND IS AUTHORIZED TO TREAT THE PROPERTY AT THE ADDRESS SHOWN ONTHEFRONT OF THIS AGREEMENT. YOU REPRESENT AND WARRANT TO TRUGREEN THE RIGHT TO TREAT THE. PROPERTY IN ACCORDANCE WITH THIS AGREEMENT.. THE PROCEDURES USED WILL BE DETERMINED SOLELY BY TRUGREEN. 5. IN THE EVENT THIS AGREEMENT IS TERMINATED BY MUTUAL CONSENT BEFORE THE EXPIRATION OF ITS FULL TERM AND YOU ARE ON A PAYMENT PLAN, YOU AGREE TO PAY THE ACTUAL COST OF THE SERVICES RENDERED RATHER THAN THE AMOUNTS BILLED TO YOU PURSUANT TO THE PAYMENT PLAN. 2. SOME PRODUCTS USED BY TRUGREEN MAY INCLUDE LABEL DIRECTIONS REQUIRING WATERING'OF THE MATERIAL AFTER APPLICATION. IF ANY OF THESE PRODUCTS ARE USED ON THE PROPERTY, TRUGREEN WILL PROVIDE CUSTOMER WITH WATERING INSTRUCTIONS FOLLOWING THE APPLICATION AND YOU AGREE TO ASSUME THE WATERING RESPONSIBIUTY. 3, BECAUSE OF THE SIZE OF YOUR PROPERTY IS A SIGNIFICANT FACTOR IN DETERMINING THE COST OF TRUGREEN'S SERVICES, TRUGREEN MAY INCREASE THE SPECIFIED CHARGES PROPORTIONALLY TO REFLECT ANY ADDITIONAL COSTS. TRUGREEN MAY TERMINATE THIS AGREEMENT BY PROVIDING YOU WITH THIRTY (30) DAYS ADVANCE WRITTEN NOTICE. TRUGREEN SHALL NOT BE OBLIGATED TO TREAT ANY ADDITIONAL PROPERTY UNDER THIS AGREEMENT UNTIL ADDITIONAL COSTS HAVE BEEN AGREED UPON. 4. IN THE EVENT THAT YOU FAIL TO MAKE PAYMENT WHEN DUE, TRUGREEN RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT. A LATE SERVICE FEE EQUAL TO 1.5% OF THE BALANCE ALLOWED BY LAW WILL BE CHARGED ON ANY BALANCE UNPAID OVER THIRTY (30) DAYS. A SERVICE CHARGE OF $25 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 COST OF SUCH COLLECTION INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS. COMPA'YPROPERTY NMIE S. YOU AGREE TO NOTIFY TRUGREEN IN WRITING IN THE EVENT THAT YOU SELL THE'PROPERTY WHICH IS THE SUBJECT OF THIS AGREEMENT. THIS AGREEMENT SHALL BE TERMINATED UPON RECEIPT BY TRUGREEN OF YOUR WRITTEN NOTICE THAT YOU HAVF Rr)i fT THE PR(1PBRTY 7. TRUGREEN IS RESPONSIBLE FOR DIRECT DAMAGE BUT IS NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OR RESULTINGFROM THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT. 8. IF ANY CONFLICTS EXIST IN THIS AGREEMENT BETWEEN TERMS WHICH ARE PRINTED AND THOSE WHICH ARE TYPED OR WRITTEN, THE TYPED OR WRITTEN TERMS SHALL GOVERN. 9. THIS CUSTOMER SERVICE AGREEMENT IS ONLY VALID IF ACCEPTED BY THE CUSTOMER WITHIN THIRTY (30) DAYS OF THE DATE. 10. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, EITHER PARTY RESERVES THE RIGHT-TO TERMINATE THIS; AGREEMENT FOR CAUSE, CONVENIENCE OR ANY REASON WHATSOEVER BY PROVIDING THRITY(30) DAYS WRITTEN NOTICE. INnIALS DATE Bard of Public Worksand Safety City ofCarrnel rrtr?-??? 3 O . M or James Brainard. Date Mary A Burke, Member Date i G' g ,a or 9tson, Member Dat ATTEST;, Diana L. ord y, Clerk Treasurer Bate Con?ct ? oi.•oB.o9.o S SERVICE AGREEMENT 2009 SERVICE ADDRESS Customer. CITY OF CARMEL Address: Additional Trees City/Stop: PHONE, BILLING INFORMATION Customer. Address: Clty/St2lp: PHONE: LAWN CARE SERVICES TREE AND SHRUB CARE SERVICES TREATMENT DESCRIPTION COST TREATMENT DESCRIPTION COST SPRING e l Iza on Broadleaf Weed Control Pre-Emergent for Crabgrass Control Round 1 horticulture I Insect Control $ - SPRING Fertilization Broadleaf Weed Control $ - Round 2 Fertilization Root Zone Fertilization S - SUMMER Broadleaf Weed Control 0 S - Round .3 Disease Control 11 $ 5,512.00 SUMMER Broadleaf Weed Control ' $ - Round 4 Disease Control $ 5,512.00 FALL e ion Broadleaf Weed Control Round 5 Insect Control, Disease Control FALL Fertilization Broadleaf Weed Control S - Round 6 a on Root Zone Fertilization $ - ANNUAL LAWN CARE COST $ ANNUAL TREE 6 SHRUB CARE COST $ 11,024.00 BENEFICIAL SERVICES COST BENEFICIAL SERVICES COST Cote Aeration $ Round u for bed preparation $ Core Aeration with overseer in $ Soft Edging of mulch beds $ Grub Control E Mulch Installation 300 Yards $ 14 400.00 Spring Flowers E Summer Flowers $ Bed Weed Control Fall Fowers $ Pre-emergent Bed Weed Control spring & fall $ 7,200.00 Fungicide Apps $ Summer Pruning $ Fall Pruning $ Sri Trim 8 Shape - $ $ Summer Trim & Shape S Mowin : Fall Trim & Shape $ $ Spring Clean u Fall Clean up ANNUAL BENEFICIAL SERVICES COST '$ ANNUAL BENEFICIAL SERVICES COST $ 21600.00 TOTAL SALES TAX $ TOTAL SALES TAX TOTAL ANNUAL LAWN CARE SERVICE COST $ TOTAL ANNUAL MEE a SHRUB CARE SERVICE COST $ 32,624.00 2010 2011. 201,2 TOTAL ANNUAL SERVICE COST $ 32,624.00 y 5/19/2009 AUTHORIZED SIGNATURE. DATE REST ENTIAL SALES MANAGER DATE PHO 17.845-0215 FAX 317-570-2310 CELL# 317-714-1009 TRUGREEN QUALITY GUARANTEE TRUGREEN IS COMMITTED TO PROVIDING THE HIGHEST QUALITY SERVICE. OUR AGRONOMIC AND HORTICULTURE;PROGRAMS ARE CAREFULLY DESIGNED TO PROVIDE YOUR PROPERTY WITH ALL OF THE COMPONENTS.NECESSARY TO PRODUCE HEALTHY, BEAUTIFUL LAWNS, TREES AND SHRUBS. IF YOU ARE NOT SATISFIED WITH THE RESULTS OF OUR APPLICATION AND NOTIFY US WITHIN 15 DAYS AFTER THE TREATMENT, WE WILL RETREAT THE PROBLEM AREA FREE OF CHARGE. IN ADDITION TO RETREATING THE. AREAS, WE WILL ANALYZE THE AREA AND MAKE SPECIFIC RECOMMENDATIONS TQREMEDY THE PROBLEM. TRUGREEN SERVICES M This program consists of lawn tare andror tree and shrub rare as indicated on the front of this agreement. Specific products, dates 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 please call us. We have a full time Customer Service Representative in each TruGmen branch who will work with you to oversee your landscape care program. If you have a question or request, we will respond quiUdy and effectively within 48 hours . TIMING OF TREATMENTS TruGreen is responsible for scheduling your landscape for timely treatment. Tiewments are generally made at 4 to 7 week intervals for lawn or tree and shrub care. You will be notified if there is any variation on this schedule of regular or additional. services WEATHER AND CULTURAL PRACTICES These regularly scheduled programs my be modified depending on the weather and the condition of your landscape. Your TruGman Specialist will keep you informed. on any modifications of this schedule. The success of this program depends on proper watering, mowing and cultural practices. If you need assistance, please consult your TruGreen Specialist. SERVICE CALLS TruGmen is committed to working with you in every way we can to achieve the lush, well kept lawn, trees and shrubs you'll be proud of Should you have a questions about our service or treatment program, INSECT PROBLEMS Total insert elimination is not desirable with any program because beneficial insects will be lost along with the targeted pests. Acceptable levels of activity and targeted applications combine to give enhanced plant aesthetics. BORING INSECT PROBLEMS ` Plants invaded by borers have a high probability of death or decline, Sound cuttural practices and control.applications may extend the life of some plant species. Treatment for boring insects may inotude additional cost. DISEASE PROBLEMS Climate conditions, type of disease and plant material affected will impact response. Results for difficult-to-control' diseases will vwy depending on environment, culture and agronomic programs used or treatment applied. Treatment for diseases may include,additional costs. STANDARD TERMS AND CONDITIONS 1. TRUGREEN AGREES TO FURNISH LABOR AND MATERIALS AND IS AUTHORIZED.TO TREAT. THE PROPERTY. AT THE ADDRESS SHOWN ON THE FRONT OF THIS AGREEMENT. YOU REPRESENT AND WARRANT TO TRUGREEN THE RIGHT TO TREAT THE PROPERTY IN ACCORDANCE WITH THIS AGREEMENT. THE PROCEDURES USED WILL BE DETERMINED SOLELY BY TRUGREEN. 5. IN THE EVENT THIS AGREEMENT IS TERMINATED BY MUTUAL CONSENT BEFORE THE EXPIRATION OF ITS FULL TERM AND YOU ARE.ONA PAYMENT PLAN, YOU AGREE TO PAY THE ACTUAL COST OF THE SERVICES RENDERED RATHER THAN THE AMOUNTS BILLED TO YOU PURSUANT TO THE PAYMENT PLAN. 2. SOME PRODUCTS USED BY TRUGREEN MAY INCLUDE LABEL DIRECTIONS REQUIRING WATERING OF THE MATERIAL AFTER, APPLICATION. IF ANY OF THESE PRODUCTS ARE USED ON THE PROPERTY, TRUGREEN WILL PROVIDE CUSTOMER WITH WATERING INSTRUCTIONS FOLLOWING THE APPLICATION AND YOU AGREE TO ASSUME THE WATERING RESPONSIBILITY. 3.. BECAUSE OF THE-SIZE OF YOUR PROPERTY IS A SIGNIFICANT FACTOR IN DETERMINING THE COST OF TRUGREEN'S SERVICES, TRUGREEN MAY INCREASE THE SPECIFIED CHARGES PROPORTIONALLY TO REFLECT. ANY ADDITIONAL COSTS, TRUGREEN MAY TERMINATE THIS AGREEMENT BY PROVIDING YOU WITH THIRTY (30) DAYS ADVANCE WRITTEN NOTICE. TRUGREEN SHALL NOT BE OBLIGATED rO TREAT ANY ADDITIONAL PROPERTY UNDER THIS AGREEMENT UNTIL ADDITIONAL COSTS HAVE BEEN AGREED UPON. 4. IN THE EVENT THAT YOU FAIL TO MAKE PAYMENT WHEN DUE, TRUGREEN RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT. A LATE. SERVICE FEE EQUAL TO 1.5% OF THE BALANCE ALLOWED BY LAW WILL BE CHARGED ON ANY BALANCE UNPAID,OVER THIRTY (30) DAYS. A SERVICE CHARGE OF $25 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 -COST OF SUCH, COLLECTION INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS. COMr'MYRROPERTY NAME 6. YOU AGREE TO NOTIFY TRUGREEN IN WRITING IN THE EVENT THAT YOU SELL THE PROPERTY WHICH .IS THE SUBJECT OETHIS AGREEMENT. THIS AGREEMENT SHALL BE TERMINATED UPON RECEIPT BY TRUGREEN OF YOUR WRITTEN NOTICE THAT YOU HAVF 801 D THE PROPERTY 7. TRUGREEN IS RESPONSIBLE FOR DIRECT DAMAGE BUT IS NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OR RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT. 8. IF ANY CONFLICTS EXIST IN THIS AGREEMENT BETWEEN TERMS WHICH ARE PRINTED AND THOSE WHICH ARE TYPED OR WRITTEN, THE TYPED OR WRITTEN TERMS SHALL GOVERN. 9. THIS CUSTOMER SERVICE AGREEMENT IS ONLY VALID IF ACCEPTED BY THE CUSTOMER WITHIN THIRTY (30) DAYS OF THE DATE. 10. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, EITHER PARTY RESERVES THE RIGHT.TO-TERMINATE THIS AGREEMENT FOR CAUSE, CONVENIENCE OR ANY REASON WHATSOEVER BY PROVIDING THRITY(30) DAYS WRITTEN NOTICE. INITIALS DATE Board of Public Works;arid Safety City of Carmel ayorJames Brainard g,_ Mary.An Burke, Member `Date Lot' Wa n. Member Date ATTEST: Tana L. Cordray, Cl k Treasurer Date SERVICE AGREEMENT 2009 SERVICE ADDRESS Customer: CITY OF CARMEL Address: Cltylstmp: PHONE: Conkt x-t of, .03.09 . oy BILLING INFORMATION Customer. Address: City/SVZip: PHONE: LAWN CARE SERVICES TREE AND SHRUB CARE SERVICES TREATMENT DESCRIPTION COST TREATMENT DESCRIPTION COST SPRING Fertilization Broadleaf Weed Control Pre-Eme ent for Cra rass Control $ 23,866.36 Round 1 Horticulture I Insect Control $ - SPRING e u Ion Broadleaf Weed Control $ - Round 2 Fertilization Root Zone Fertilization $ SUMMER e Iza on Broadleaf Weed Control $ - Round 3 Insect Control Disease Control $ 3,816.00 SUMMER em Iza on Broadleaf Weed Control $ - Round 4 Insect Control Disease Control $ FALL em izabon Broadleaf Weed Control $ 18,821.66 Round 5 nse ontro Disease Control $ J FALL erbIzaaon Broadleaf Weed Control $ - Round 6 ertI Iza on Root Zone Fertilization It Core Aeration ANNUAL LAWN CARE COST BENEFICIAL SERVICES $ $ 42,668.02 COST ANNUAL TREE a SHRUB CARE COST BENEFICIAL SERVICES Round u for bed preparation $ $ 7.6322.00 COST - Core Aeration with overseedi $ Soft Ed in of mulch beds Is Grub Control $ Mulch. Installation 300 YDS $ 14 400.00 Spring Flowers $ Pre-emergent Bed Weed Control Summer Flowers S Bed Weed Control 2 vists at $ 1,800.00 $ 3,600.00 Fall Flowers $ Spring Pruning E Fungicide Apps $ Summer Pwnin $ $ Fall Pruning $ $ Spring Trim & Shape $ $ Summer Trim 8 Shape $ - Movdn : 28 VISITS AT $6,439.32 EACH $ 180 300.96 Fall Trim E Shape $ 178.87 Av $ Spring Clean u It Fall Clean up $- ANNUAL BENEFICIAL SERVICES COST $ 180.300.96 ANNUAL BENEFICIAL SERVICES COST $ 18,000.00 TOTAL SALES TAX TOTAL SALES TAX TOTAL ANNUAL LAWN CARE SERVICE COST $ 222,988.98 TOTAL ANNUAL TREE S SHRUB CARE SERVICE COST It 25,632,00 PRICING CAN BE LOCKED IN FOR MULTIPLE SEASONS BY SIGNING FOR MULTIPLE YEARS TO AVOID PRICE INCREASES. INTIAL BELOW, FOR SEASONS DESIRED 2010 2011 2012 TOTAL ANNUAL SERVICE COST E 248,620.98 51192009 AUTHORIZED SIGNATURE DATE RESIDENT SAL S MANAGER DATE PH NE # 317-84 215 FAX 317-57D-2310 C . 14.1009 TRUGREEN QUALITY GUARANTEE TRUGREEN IS COMMITTED TO PROVIDING THE HIGHEST QUALITY SERVICE. OUR AGRONOMIC AND HORTICULTURE P906RAM91XRE CAREFULLY DESIGNED TO PROVIDE YOUR PROPERTY WITH ALL OF THE COMPONENTS NECESSARY TO PRODUCE HEALTHY, BEAUTIFUL LAWNS, TREES AND SHRUBS. IF YOU ARE NOT SATISFIED WITH THE RESULTS OF OUR APPLICATION AND NOTIFY US WITHIN 15 DAYS AFTER THE TREATMENT, WE WILL RETREAT THE PROBLEM AREA FREE OF CHARGE. IN ADDITION TO RETREATING THE AREAS, WE WILL ANALYZE THE AREA AND MAKE SPECIFIC RECOMMENDATIONS TO REMEDY THE PROBLEM. TRUGREEN SERVICES M This program consists of lawn care andlor tree and shrub care as indicated on the front of this agreement. Specific proaucts, pates 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. TIMING OF TREATMENTS TwGreen is responsible for scheduling your landscape for umely treatment. Treatments are generally made at 4 to 7 week intervals for lawn prime and shrub care. You will be notified if there is any variation on this schedule of regular or additiLinal services WEATHER AND CULTURAL PRACTICES These regular v scheduled programs my be modified depending on the weather and the condition of your landscape. Your TruGmen Specialist will keep you informed on any modifications of this schedule. The success of this program depends on proper watenng, mowing and wltuml practices. If you need assistance, please consult your TruGreen Specialist. SERVICE CALLS TruGmen is committed to working with you in every.way we can to achieve the lush,.well kept lawn, trees and shrubs you'll be proud of. Should you have a questions about our service or treatment program, please call us. We have a full time Customer Service Representative in each TruGreen branch who will work with you to oversee your landscape care program. If you have a question or request, we will respond quickly and effectively within 48 hours. INSECT PROBLEMS Total insect elimination is cwt desirable with any program because beneficial insects will be lost along. with the targeted pests, Acceptable levels of activity and targeted applications combine to give enhanced plant aesthetics. BORING INSECT PROBLEMS Plants invaded by borers have ahigh 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 DISEASE PROBLEMS Climate conditions, type of disease and plant material affected will impact response. Results for difficult-tocontrol diseases will vary depending on environment culture and agronomic programs used or treatment applied. Treatment for diseases may include additional costs. STANDARD TERMS AND CONDITIONS 1. TRUGREEN AGREES TO FURNISH LABOR AND MATERIALS AND IS AUTHORIZED TO TREAT THE PROPERTY AT THE ADDRESS SHOWN, ON THE FRONT OF THIS AGREEMENT. YOU REPRESENT AND WARRANT TO TRUGREEN THE RIGHT TO TREAT THE PROPERTY IN ACCORDANCE WITH THIS AGREEMENT. THE PROCEDURES USED WILL BE DETERMINED SOLELY BY TRUGREEN. 2, SOME PRODUCTS USED BY TRUGREEN MAY INCLUDE LABEL DIRECTIONS REQUIRING WATERING OF THE MATERIAL AFTER APPLICATION. IF ANY OFTHESE PRODUCTS ARE USED ON THE PROPERTY; TRUGREEN WILL PROVIDE CUSTOMER WITH WATERING INSTRUCTIONS FOLLOWING THE APPLICATION AND YOU AGREE TO ASSUME THE WATERING RESPONSIBILITY. 3. BECAUSE OF THE SIZE OF YOUR PROPERTY IS A SIGNIFICANT FACTOR IN DETERMINING THE COST OF TRUGREEN'S SERVICES, TRUGREEN. MAY INCREASE THE SPECIFIED CHARGES` PROPORTIONALLY TO REFLECT ANY ADDITIONAL COSTS. TRUGREEN MAY TERMINATE THIS AGREEMENT BY PROVIDING YOU WITH THIRTY (30) DAYS ADVANCE WRITTEN NOTICE. TRUGREEN SHALL NOT BE OBLIGATED TO TREAT ANY ADDITIONAL PROPERTY UNDER THIS AGREEMENT UNTIL ADDITIONAL COSTS HAVE BEEN 1 .1 1 1. AGREED UPON. 4. IN THE EVENT THAT YOU FAIL TO MAKE PAYMENT WHEN DUE, TRUGREEN RESERVES THE RIGHT TO TERMINATE THIS AGREEMENT. A LATE SERVICE FEE EQUAL TO 1.5% OF THE BALANCE ALLOWED BY LAW WILL BE CHARGED ON ANY BALANCE UNPAID OVER THIRTY (30) DAYS_ A SERVICE. CHARGE' OF $25 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 COST OF SUCH COLLECTION INCLUDING REASONABLE ATTORNEY'S FEES AND COURT COSTS. COM,PMYMROPERTY N E 5. IN THE EVENT THIS AGREEMENT IS TERMINATED BY MUTUAL CONSENT BEFORE THE EXPIRATION OF ITS FULL TERM AND YOU ARE ON A PAYMENT PLAN, YOU AGREE TO PAY THE ACTUAL COST OF THE SERVICES RENDERED RATHER THAN THE AMOUNTS BILLED TO YOU PURSUANT TO THE PAYMENT PLAN. 6. YOU AGREE TO NOTIFY TRUGREEN IN WRITING IN THE. EVENT THAT YOU SELL THE PROPERTY WHICH IS THE SUBJECT OF THIS AGREEMENT. THIS AGREEMENT SHALL BE TERMINATED UPON RECEIPT BY TRUGREEN OF YOUR WRITTEN NOTICE THAT YOU HAVF Rnl n THE PROPERTY 7. TRUGREEN IS RESPONSIBLE FOR DIRECT DAMAGE BUT IS-NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OR RESULTING FROM THE PERFORMANCE OR NONPERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT. 8. IF ANY CONFLICTS EXIST IN THIS AGREEMENT BETWEEN TERMS WHICH ARE PRINTED AND THOSE WHICH ARE TYPED OR WRITTEN, THE TYPED OR WRITTEN.TERMS SHALL GOVERN. 9. THIS CUSTOMER SERVICE AGREEMENT IS ONLY VALID IF ACCEPTED BY THE CUSTOMER WITHIN THIRTY (30) DAYS OF THE DATE. 10. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN; EITHER PARTY RESERVES THE RIGHT-TO TERMINATE THIS AGREEMENT FOR CAUSE, CONVENIENCE OR ANY REASON WHATSOEVER BY PROVIDING THRITY(30) DAYS WRITTEN NOTICE IMPALS DATE Board of Public Works and Safety City of Cannel XMyor James Brainard Date Mary Ai Burke, Member Date Lori VS, , Member Date( ATTEST: d? L. Corgra , Clerk Treasurer Date