Fertilization, Broadleaf Weed, Crabgrass and Pre-Emergent Weed Control VILLAGE OF OAK BROOK
CONTRACT FOR THE
FERTILIZATION,BROADLEAF WEED, CRABGRASS AND PRE-EMERGENT WEED CONTROL
Full Name of Contractor: TruGreen, L.P. ("Contractor")
Principal Office Address: 7650 West 99th Street, Hickory Hills,Illinois 60457
Contact Person:Anthony Tomain Telephone Number: (708)270-5015
TO: Village of Oak Brook("Village")
1200 Oak Brook Road
Oak Brook, Illinois
Attention: Lee Hammer, Street Maintenance Supervisor
Contractor warrants and represents that Contractor has
carefully examined the Work Sites described below and
has reviewed and understood all documents included,
referred to,or mentioned in this bound set of documents.
1. Work
A. Contract and Work. Contractor acknowledges,
and agrees, that Contractor shall, at its sole cost and
expense, provide, perform, and complete, in the manner 5. Miscellaneous. Do all other things required
specified and described, and upon the terms and of Contractor by this Contract;and
conditions set forth, in this Contract, all of the following,
all of which is herein referred to as the"Work": 6. Quality. Provide, perform, and complete all
of the foregoing in a proper and workmanlike
1. Labor, Equipment. Materials. and Supplies. manner, consistent with the standards of
Provide, perform, and complete, in the recognized professional firms in performing
manner specified and described in this Work of a similar nature, in full compliance
Contract, all necessary work, labor, services, with, and as required by or pursuant, to this
transportation, equipment, materials, Contract, and with the greatest economy,
supplies, information, data, and other means efficiency, and expedition consistent
and items necessary for Fertilization, therewith, with only new, undamaged, and
Broadleaf, Crabgrass, and Weed Control, as first quality equipment, materials, and
specified in Exhibit A, attached hereto, in supplies.
Oak Brook, Illinois 60523 ("Work Site');
B. Performance Standards. Contractor
2. Permits. The Village will furnish all acknowledges and agrees that all Work shall be fully
permits, licenses, and other governmental provided, performed, and completed in accordance with
approvals and authorizations necessary in the specifications in Exhibit A. In the event the quality
connection therewith; of service becomes unacceptable, the Village reserves
the right to cancel the contract after giving thirty (30)
3. Bonds and Insurance. Procure and furnish day written notice.
all bonds and all insurance certificates and
policies of insurance specified in this C. Responsibility for Damage or Loss. Contractor
Contract; proposes, and agrees, that Contractor shall be
responsible and liable for, and shall promptly and
4. Taxes. Pay all applicable federal, state, and without charge to Village repair or replace, any damage
local taxes; done to, and any loss or injury suffered by, the Village,
the Work, the Work Site, or other property or persons as
a result of the Work.
1
D. Inspection/Testing/Rejection. Village shall have
the right to inspect all or any pert of the Work and to All payments may be subject to deduction or
reject all or any part of the Work that is, in Village's setoff by reason of any failure of Contractor to
judgment, defective or damaged or that in any way fails perform under this Contract. Each payment
to conform strictly to the requirements of this Contract shall include Contractor's certification of the
and the Village, without limiting its other rights or value of, and partial or final waivers of lien
remedies, may require correction or replacement at covering, all Work for which payment is then
Contractor's cost, perform or have performed all Work requested and Contractor's certification that all
necessary to complete or correct all or any part of the prior payments have been properly applied to
Work that is defective, damaged, or nonconforming and the payment or reimbursement of the costs with
charge Contractor with any excess cost incurred thereby, respect to which they were paid.
or cancel all or any part of any order or this Contract.
Work so rejected may be returned or held at Contractor's 3. Contract Term
expense and risk. The term of this Agreement shall be for one (1) year
beginning May 1, 2021. Contractor acknowledges and
2. Contract Price agrees that Contractor shall commence the Work within
15 days following the Village's acceptance of this
Contractor acknowledges and agrees that Contractor Contract, or as otherwise agreed to by the parties,
shall take in monthly payments for all Work and other provided Contractor shall have furnished to the Village
matters set forth under Section 1 above, including all bonds and all insurance certificates specified in this
overhead and profit; taxes, contributions, and premiums; Contract("Commencement Date").
and compensation to all subcontractors and suppliers,
the compensation set forth below. 4. Financial Assurance
A. SCHEDULE OF PRICES A. Bonds. If the total contract cost is $20,000 or
more, the Contractor acknowledges and agrees that
For providing, performing, and completing all Contractor shall provide a Performance Bond, on forms
Work, the Not-To-Exceed Contract Price of provided by, or otherwise acceptable to, the Village, from
$16,050.00 a surety company acceptable to the Village, each in the
penal sum of the Contract Price,within 10 days following
TOTAL CONTRACT PRICE (in writing): the Village's acceptance of this Contract.
Sixteen Thousand and Fifty Dollars Only B. Insurance. Contractor acknowledges and agrees
that Contractor shall provide certificates of insurance
B. BASIS FOR DETERMINING PRICES evidencing the minimum insurance coverages and limits
set forth in Exhibit B within 10 days following the
It is expressly understood and agreed that: Village's acceptance of this Contract. Such policies shall
be in form, and from companies, acceptable to the
1. All prices stated in the Schedule of Prices Village. The insurance coverages and limits set forth
are firm and shall not be subject to Exhibit B shall be deemed to be minimum coverages and
escalation or change; limits and shall not be construed in any way as a
limitation on Contractor's duty to carry adequate
2. The Village is not subject to state or local insurance or on Contractor's liability for losses or
sales, use, and excise taxes, that no such damages under this Contract. The minimum insurance
taxes are included in the Schedule of Prices, coverages and limits that shall be maintained at all
and that all claim or right to claim any times while providing, performing, or completing the
additional compensation by reason of the Work are as set forth in Exhibit B.
payment of any such tax is hereby waived
and released; C. Indemnification. Contractor acknowledges and
agrees that Contractor shall indemnify and save
3. All other applicable federal, state, and local harmless the Village, its officers, officials, employees and
taxes of every kind and nature applicable to volunteers, against all damages, liability, claims, losses,
the Work are included in the Schedule of and expenses (including reasonable attorneys' fee) that
Prices. may arise, or be alleged to have arisen, out of
Contractor's performance of, or failure to perform, the
C. TIME OF PAYMENT Work or any part thereof, or any failure to meet the
representations and warranties set forth in Section 6 of
It is expressly understood and agreed that any this Contract.
final payments shall only be made upon
completion of the work and final approval by the D. Penalties. Contractor acknowledges and agrees
Village. that Contractor shall be solely liable for any fines or civil
2
penalties that are imposed by any governmental or D. Qualified. Contractor has the requisite
quasi-governmental agency or body that may arise, or be experience, ability, capital, facilities, plant, organization,
alleged to have arisen, out of or in connection with and staff to enable Contractor to perform the Work
Contractor's performance of, or failure to perform, the successfully and promptly and to commence and
Work or any part thereof. complete the Work within the Contract Price and
Contract Time set forth above.
5. Firm Proposal
7. Acknowledgements
All prices and other terms stated in this Contract are
firm and shall not be subject to withdrawal, escalation, In submitting this Contract, Contractor
or change. acknowledges and agrees that:
6. Contractor's Representations and Warranties A. Reliance. The Village is relying on all
warranties, representations, and statements made by
In order to induce the Village to accept this Contract, Contractor in this Contract.
Contractor hereby represents and warrants as follows:
B. Acceptance. If this Contract is accepted,
A. The Work. The Work, and all of its components, Contractor shall be bound by each and every term,
shall strictly conform to the requirements of this condition, or provision contained in this Contract.
Contract, including, without limitation, the performance
standards set forth in Subsection 1B of this Contract; C. Remedies. Each of the rights and remedies
and shall be fit, sufficient, and suitable for the purposes reserved to the Village in this Contract shall be
expressed in, or reasonably inferred from, this Contract cumulative and additional to any other or further
and the warranties expressed herein shall be in addition remedies provided in law or equity or in this Contract.
to any other warranties expressed or implied by law,
which are hereby reserved unto the Village. D. Time. Time is of the essence in the performance
of all terms and provisions of this Contract and, except
B. Compliance with Laws. The Work, and all of its where stated otherwise references in this Contract to
components; shall be provided, performed, and completed days shall be construed to refer to calendar days and
in compliance with, and Contractor agrees to be bound time.
by, all applicable federal, state, and local laws, orders,
rules, and regulations, as they may be modified or E. No Waiver. No examination, inspection,
amended from time to time, including without limitation, investigation, test, measurement, review, determination,
if applicable, the Prevailing Wage Act, 820 ILCS decision, certificate, or approval by the Village, whether
130/0.01 et sem.; any other prevailing wage laws; any before or after the Village's acceptance of this Contract;
statutes requiring preference to laborers of specified nor any information or data supplied by the Village,
classes; any statutes prohibiting discrimination because whether before or after the Village's acceptance of this
of, or requiring affirmative action based on, race, creed, Contract; nor any order by the Village for the payment of
color, national origin, age, sex, or other prohibited money; nor any payment for, or use, possession, or
classification; and any statutes regarding safety or the acceptance of, the whole or any part of the Work by the
performance of the Work. Further, Contractor shall Village; nor any extension of time granted by the Village;
have a written sexual harassment policy in compliance nor any delay by the Village in exercising any right
with Section 2-105 of the Illinois Human Rights Act under this Contract; nor any other act or omission of the
during the course of the work. The Village does not Village shall constitute or be deemed to be an acceptance
believe that the requirements of the Prevailing Wage Act of any defective, damaged, or nonconforming Work, nor
(820 ILCS 130), as amended, apply to the Contract. operate to waive or otherwise diminish the effect of any
However, the Contractor is responsible for making its representation or warranty made by Contractor; or of
own assessment of the Prevailing Wage Act's any requirement or provision of this Contract; or of any
requirements and if it applies to the Contract. remedy,power, or right of the Village.
C. Not Barred. Contractor is not barred by law F. Severability. It is hereby expressed to be the
from contracting with the Village or with any other unit intent of the parties to this Contract that should any
of state or local government as a result of (i) a provision, covenant, agreement, or portion of this
delinquency in the payment of any tax administered by Contract or its application to any Person or property be
the Illinois Department of Revenue unless Contractor is held invalid by a court of competent jurisdiction, the
contesting, in accordance with the procedures remaining provisions of this Contract and the validity,
established by the appropriate Revenue Act, its liability enforceability, and application to any Person or property
for the tax or the amount of tax, as set forth in 65 ILCS shall not be impaired thereby, but the remaining
5/11-42.1-1; or (ii) a violation of either Section 33E-3 or provisions shall be interpreted, applied, and enforced so
Section 33E-4 of Article 33 of the Criminal Code of 1961, as to achieve, as near as may be, the purpose and intent
720 ILCS 5/33E-1 et M.
3
of this Contract to the greatest extent permitted by
applicable law. K. Conflicts of Interest. Contractor represents and
certifies that, to the best of its knowledge, (1) no elected
G. Amendments and Modifications. No amendment or appointed Village official, employee or agent has a
or modification to this Contract shall be effective until it personal financial interest in the business of the
is reduced to writing and approved and executed by the Contractor or in this Agreement, or has personally
corporate authorities of the parties in accordance with all received payment or other consideration for this
applicable statutory procedures. Agreement; (2) as of the date of this Agreement, neither
Contractor nor any person employed or associated with
H. Assignment. Neither this Contract, nor any Contractor has any interest that would conflict in any
interest herein, shall be assigned or subcontracted, in manner or degree with the performance of the
whole or in part, by Contractor except upon the prior obligations under this Agreement; and (3) neither
written consent of the Village. Contractor nor any person employed by or associated
with Contractor shall at any time during the term of this
I. Governing Law: Venue. This Contract shall be Agreement obtain or acquire any interest that would
governed by, construed and enforced in accordance with conflict in any manner or degree with the performance of
the internal laws, but not the conflicts of laws rules, of the obligations under this Agreement.
the State of Illinois. Venue for any action arising out of
or due to this Contract shall be in the Circuit Court for L. Exhibits. If any conflict exists between this
DuPage County,Illinois. Contract and any exhibit attached hereto, the terms of
this Contract shall prevail. Any conflict that exists
J. Certified Payrolls. If applicable, Contractor between Exhibit A and Exhibit B, the terms of Exhibit B
shall, in accordance with Section 5 of the Illinois shall prevail.
Prevailing Wage Act, 820 ILCS 130/5, submit to the
Village, on a monthly basis, a certified payroll. The M. No Disclosure of Confidential Information by the
certified payroll shall consist of a complete copy of those Consultant. The Consultant acknowledges that it
records required to be made and kept by the Prevailing shall, in performing the Services for the Village under
Wage Act. The certified payroll shall be accompanied by this Agreement, have access, or be directly or
a statement signed by the Contractor or subcontractor
which certifies that: (1) such records are true and indirectly exposed, to Confidential Information. The
accurate; (2) the hourly rate paid is not less, if Consultant shall hold confidential all Confidential
applicable, than the general prevailing rate of hourly Information and shall not disclose or use such
wages required by the Prevailing Wage Act; and (3) Confidential Information without the express prior
Contractor or subcontractor is aware that filing a written consent of the Village. The Consultant shall
certified payroll that he or she knows to be false is a use reasonable measures at least as strict as those the
Class B misdemeanor. A general contractor may rely Consultant uses to protect its own confidential
upon the certification of a lower tier subcontractor, information. Such measures shall include, without
provided that the general contractor does not knowingly limitation, requiring employees and subcontractors of
rely upon a subcontractor's false certification. Upon two the Consultant to execute a nondisclosure agreement
business days' notice, Contractor and each subcontractor before obtaining access to Confidential Information.
shall make available for inspection the records required
to be made and kept by the Act: (i) to the Village, its
officers and agents, and to the Director of the Illinois
Department of Labor and his or hers deputies and
agents; and (ii) at all reasonable hours at a location
within this State.
4
IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois
have taus his Agreement to be executed, municipal corporation
effective on—AW UU,11 14-1 2021.
ATTEST:
By: B.N,5.- -
Charlotte Pruss;Village Clerk Ri rdo F_Ginex,Village M nager
ATTEST: TRUGREEN L.P.
By: �
� Its:
5
EXHIBIT A
(PROPOSAL SUBMITTED)
6
Anthony Tomain
TFIUG I1wefs
COMMERCIAL
Phone :(708)270-5015
Customer Information
BILL TO: SERVICE LOCATION:
VILLAGE OF OAK BROOK
1200 OAK BROOK RD 1200 OAK BROOK RD
OAK BROOK, IL OAK BROOK, IL
60523 USA 60523 USA
Phone : Phone:
Detail of Charges
Service Location Line Item Round# Round Description* Recommended Total Price
Description
VILLAGE OF OAK Lawn Service 1 Early Spring- Yes $7,290.00
BROOK Fertilizer,broadleaf
weed,crabgrass and
pre-emergent weed
control
VILLAGE OF OAK Lawn Service 2 Late Spring- Yes $470.00
BROOK Fertilizer,broadleaf
weed,crabgrass and
pre-emergent weed
control(As
Needed/Weather
Dependent
VILLAGE OF OAK Lawn Service 4 Late Summer- Yes $440.00
BROOK Fertilizer,broadleaf
weed control(As
Needed/Weather
Dependent)
VILLAGE OF OAK Lawn Service 6 Fall-Fertilizer, Yes $5,150.00
BROOK broadleaf weed
control(As
Needed/Weather
Dependent)
VILLAGE OF OAK Vegetation Control 1 Non selective weed Yes $900.00
BROOK control
VILLAGE OF OAK Vegetation Control 4 Non selective weed Yes $900.00
BROOK control
VILLAGE OF OAK Vegetation Control 6 Non selective weed Yes $900.00
BROOK control
Subtotal:$16,050.00
Total Sales Tax Amount:$0.00
Grand Total:$16,050.00
@2020 TruGreen L.P.All Rights Reserved
Standard Terris and Cartditlons
1.iclm.The term of this Agreement shag one(1)year from the date signed by you,the Customer.
2.Price Increarim-Prices of services provided In this agreement may be increased should you add property under this agreement,or in elle event of Increases M the cost of fuel.material,or labor,or costs
incurred by TfuGfeen due to government regulation and other causes.In addition.TruGreen may elect to Increase the price of services under this agreement after the and year,w after any subsequent
anniversary dale of ole agreement by a percentage amount not to exceed five percent(5%)of the then curter price,or consistent with any hrease,lel the current consunlr price Index,whichever is greater.
TruGreen shag not Increase its prices on an elective basis more frequently the once during any agreement year-
3.Payment Terris. Payment Is due to TruGfeen within 30 days atter the invoice dale.In the event you lap to mace payment when due,TruGreen reserves the fight to t=*Uft this Agreement.A late
service lee equal to the lesser of 15%per moan(18%a.p.r.)or the maximum Interest rate allowed by law will be charged On any balance unpaid ova shirty(311)days.A service charge of(25.00 will be
charged for any relined check Should it become necessary to bring an action to collect amounts due under this agreement.you agree to pay all tests of such collection InckMlmg,but not limited to,any
reasonable a8mney's tees or other professional fees and court casts.
4.Check proccuft poft ACH.When you provide a check as payment.you authrize TruGreen either t0 use Information from your check to make a one4kne electronic mint transfer from your account
or to process the payment as a check transaction.it TruGreen uses Information from your check to make an electronic tura transfer,Inds may be withdrawn from your account as soon as the same day
we receive your payment arld you wig not receive your check back from your Manclal Ylstllllbn-Returns:In the event that your payment Is returned unpaid.you authortae us the option t0 collect a fee as
allowed by law through an electronic hied transfer from your account.
5.7511)] In the case of your non-Payment or deMuM.TruGreen has the right to terminate flus Agreement Immediately upon notice 10 you.TruGreen may terminate this Agreement for convenience
upon thirty(30)days prior wrple notice to you.You may cancel this Agreement for material breach by TruGreen,provided flat you give TruGreen written notice of the details of the breach,area thereafter
TruGreen fags to core the breach within V"(30)days altar said notice.(a).Additional*mhabon onrylaking;for landscape companies-properly companies IM and o0w similar w�:
To the extent you represent one or more property owners and/or properties covered under this agreement and In the event such owner eminates your contract with regard to one of more
upon notice to TruGreen.you may terminate this Agreement any as It renes to such property for which owner terminated its contract with you To the extent that tills properties,timer,
Agreement apples to other properties,
1101 teflnkaled by ale Owner.tla5 Agreement shall COrNI1ue In Gdi force and effect with regard IO such Omer properties.
6.Sale of Proneiv. You agree to no"TruGmen In wtlsmg mmedlaely,In the event that you sea any property which Is the subject of this Agreement TnlGreen shag make that appropriate adjustment in
Price b arca MMMe the reduction of square footage treated M 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 fecey#by TruGrew of your mitten notice that you have sold the property.Should you fail to notify TruGreen as required In this provision,you agree to Indemnify TruGreen bel any damages Incurred
as a result ryour failure to notify.
7.LIABILILY.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.OW to Insoe[1. You have a duty to Inspect the properly within mlern(15)drys after service has been performed by TruGreen.0 you believe TruGreen provided defident work,you agree to Iwary
TruGteen immediately in writing.If mitten notice Is hot received by TruGreen wahIn fifteen(15)days alter the date of Service,You agree 00 any and all claims alleging damage of any nature or to recover
past payments and/or rights t0 withhold future payments due wide nus Agreement are waved.
9. . To the extent necessary.you have a duty to notify all tenants.employees,VMm and any 011W 10040e on the ptamses of a scheduled service prior to the
perbrmomee of arty scheduled service by TwGreen.
11D.NoWarrianfies Except as expressly set forth In this Agreement TruGreen makes no warranty or representatle of any kind,expressed or MOW,concerning either products used r services pertamed,
Including no WOW warranty of merchantability or illness of the product for any particular purpose,and no such warranty shall be Implied by law.usage of bade,cerise of performance.course Of dealing,
or on any other basis.
11.Force maNaae.Except for the payment OfTruGreen's Invoices Owed by You,N either TroGreen or you SUN be prevented or delayed In On performance at any oral rthe provisions orthat Agreement.
by reason of any labor dispute,Ind-111Y disturbance.delay In aansportalbn,governmental regulatory or legal action,act of God or any cause beyond such par's contra,the obligations hereunder of such
party shag be extended for as long as such cause shag be in effect and any delay or loss suffered by the other party Shat not be clageaDie in any way to such party:provided,however,she rhe party
suffering Such cause shad knwedlae f D"the Osler party of such Imgay as shag use reasonable efforts to remedy same with all reasonable dispaicn If any event Of force najeure Should prevent a
parry from performing its obligations under this Agreement for a period or nicely consecutive(90)days,the other party shag have the right to cancel ads Agreement upon notice to the party unable to perform
gat oaag ilm.
12.No assignment You shag not have the right to assign this Agreement or agree to the transfer of this Agreement by operation of Mur or otherwise wiali the prior written consent of TruGreen.This
Agreement she be binding upon,and shag inure to Use benefit of,ate parties hereto and to any perWed successors and assli s.
13.Wallenno.Cultural Practices. The success of ails program depends ion proper watering,mowing as cultural practices.Some products Used by TruGree may Include IedH directions requiring the
waMfgg of the maeal after application.it any of these products are used on the properly,TnrGreell will provide you with watering Instructions following the oppk t m and you agree to assume such
waft"responsibility-timate conditions.SON conditions.plant diseases,plant msMtlal,and miscellaneous external factors wig Impact response,to"SNoa.Results for dgatug-btonM diseases will
vary depending on environment,culture and agronomic programs used or treatment applied.Treatment for dresses may Include additional coat.Consult your TruGreen specMgst for details.
14.Jjg=XjgfgLgEg=iaM This program consists of Men care amdfr tree and shrub care as indicated above.Specific products.rants of application and method of application will vary with the season,
weather conditions.and the needs of your awn as daemnlled by your TruGreen specialist.Your regularly scheduled programs may be modified deprgkg on the wester and the condition of your
landscape.The application methods and procedures used to perform service under ties Agreement wig be determined Soey by TruGreen.Your TruGree Specialist will keep you Informed on any
modifications to this Schedule.
15.Insects and Borers. Tera I sect eem uffim Is not destrabe with any program because beneficial Insects will be lest eblg with the targeted pass.Plants invaded by borers have a high probability of
death or decline.Sown cultural practices and control applications may extend the We of some plant Species.Treatment for boring Insects may include additional cost.Cor"your TruGreen spectail wish
details.
16.AuMor=tion to provide Service.TruG een agrees to furnish labor aid mantras for purposes of NO Agreement and is authorized by you to treat am property at the address shown above.You repress
and warrant t1 TruGreen that you are the Owner of said property,or in the event that you are not tie Owner of the properly t0 which rob Agreement apples,you represent aid warari that you haft the
legal authority to exec use and blend The owner of the properly to the terms and conditions of this Agreement
17.MANDATORY ARBITRATION.Any clam.dispute or controversy,regarding any contract Inn,statute,Of otherwise CCla m'),arslg or Of Or retailing to ths agreement or the relationships among the
parties hereto shall be resolved try one arbitrator through binding arbitration admWstred by me American Arbitration Association(AAA),under the AAA Commercial or Consumer,as applicable.Rues In
affect at the tore the Clam Is Bed('AAA Rtes').Copies of the AAA Rues and fours can be located at www.adr.rg.or by calling 1-00.778-7879.The arbitrators decision shad be Ilan,binding,and non-
appeaMDk.Judgment upon the award maybe Meted and enforced in any court hefig jurtsdictfon.This clause Is made pursuant to a transaction ImaNlg If-—commerce and shag be governed by
the Federal Arbitral Act Neither panty&nag am the other patty cher than ffi prmmded herein or for enforcement reds cause or of the aMdraars award;any such stiff maybe brought only In Federal
District Cast for the District or,g any such coat lacks jusd"on.In any state court eat has jumsdktlon.The arbitrator,and a any federal,sate,or local tout,shag have exclusive authority to resolve any
dispute reading to the Interpretation,applicability.unconaclomebMty,arbMg".enforceability or formation of this Agreement including any clam thha all or any pan of the Agreement Is void or voidable.
However,the precedNg sentence shag not appy to the crane entitled•Cass Action wafer.'
18.CLASS ACTION WAIVER.Any Clam must be brought in the parlles'Individual capacity.and not as a plaintiff or class member In any purpomaO class,collective.representative,multiple plamsrts,or
smilar proceeding(-Class Arbon-).The parks expressly wave arty ability a maintain any Class Action in ary lrum.The arbitrator stag not hate aMOrl y to combine or aggregate smgar clams or conduct
any Class Action nor make an award to any person or amity not a party go the arbitration Any clam that ag or pat of this Class Acton Waiter is unenforceable,unconscionable.void,or voidable may be
deefmaed only by a court of collpetent Jurtsdictfon and net by an albiafor.
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 CLOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY,THROUGH ARBITRATION.
19.Unless expressly noted otherwise herein.this Agreement and any awoke Issued by TruGreen pursuant to the erms hereof.set forth the entire understanding of ant parties,and s persMe any and all
proposals.negotMtkms,representations and IIs agents raMtl M to the subject matter of this Agreement,Will Or otherwise,I¢ka0g,withal inlM m any saes agme ent previously executed by
she parties.To the extent that any terms set Pont In an Invoice should conflict with the tens set IoM In thts Agreement las Agreement shag conbr.No terms,condition.or warranties other than those
stated herein or in any Mvrce Issued by TruGreen,and no agreements or understanding,oral of wlmem.In any way purporting to modsy,nese conditions anal be binding on the patties hereto unless
hereafter made In wring and signed by authorized representatives of both parses.
20.This customer service Agreement is only valb If accepted by you whin 30 days of the date submitted to customer.
By: Date:
REPRESENTATIVE/GENERAL MANAGER
Print Name:
Date: `2
UTHORIZED AGENT/CUSTOMER
k
@2020 TruGreen L.P.All Rights Reserved