contract agreement · K-3

Discussion and Consideration to Award Contract for Mowing and Landscaping Maintenance Services for Nuisance Properties and City-owned Properties on an as-needed basis – Motion to Approve — K-3

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SERVICE AGREEMENT LANDSCAPE MAINTENANCE SERVICES This Agreement is by and between Quality Care (a Perficut Company) and Client, collectively, the “Parties” and made effective pursuant to the Effective Date provided above. 1. TERMS 1.01 SCOPE OF WORK Subject to the terms and conditions of this Agreement, Quality Care shall supply the maintenance services specified in Maintenance Exhibit A (the “Work”) at the sites identified in Maintenance Exhibit A (the “Property” or “Properties”). Maintenance Exhibit A is hereby incorporated into and made part of this Agreement by reference along with any plans or specifications attached to this Agreement. In case of conflict between such plans and specifications and the provisions of this Agreement, the provisions of this Agreement shall prevail. 1.02 TERM OF AGREEMENT This Agreement shall remain in effect from the Effective Date to the Termination Date, unless earlier terminated by Quality Care pursuant to the terms of this Agreement or by applicable law. 1.03 PAYMENT 1.03.1 Payment Terms. Payment terms are net 30 days, with a service charge of 2% per month to be added to the outstanding balance thereafter. 1.03.2 Selection of Payment Arrangement. Client may select either a Seasonal, Per Service, or Hourly Payment Arrangement by marking the preferred payment arrangement on Maintenance Exhibit A. The Client agrees to pay the rates established in Maintenance Exhibit A. The Work does not include any special requests and the special requests will be subject to additional charges. If balances reach or exceed 60 days, Quality Care may elect to terminate this Agreement without further notice. If the Agreement is terminated pursuant to this provision, Quality Care’s obligations shall terminate immediately, and Quality Care shall not be required to replace the premises in a condition similar to that existent prior to the commencement of its performance. 1.03.3 Tax. All prices are subject to sales tax for the location in which the work is completed. 1.03.4 Fuel Surcharge. All accounts may be subject to a fuel surcharge if the unleaded pump price reaches $3.50 per gallon, or higher, according to http://fuelgaugereport.opisnet.com/IAavg.asp. 1.03.5 Mow Quantity. In the event Company and Client are in a seasonal contract, Client will not be billed or credited for mows over or under the estimated frequency. 1.04 TERMINATION 1.04.1 Termination by Client. Except as provided in Section below, Client has the right to terminate the Agreement by giving sixty (60) days written notice to Quality Care. If the Client has selected a Seasonal Payment Arrangement, the amount due on the Agreement will be prorated for the period of time that the Agreement was in force and effect (see 1.04.3). If the Client has a Per-Service Payment Arrangement, the Client shall pay Quality Care for services completed through the sixty (60) day notice, plus a twenty-percent fee (20%) for Quality Care’s preparation, fixed expenses and lost profits. If the Agreement is terminated pursuant to this provision, Quality Care’s obligations shall terminate Contractor Initials: Client Initials: Page 3 of 9

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