Full Text
1 AGREEMENT FOR MAINTENANCE BY CITY PARKS AND RECREATION DEPARTMENT OF GROUNDS AT COUNTY COURTHOUSE AND CERTAIN NEARBY COUNTY BUILDINGS THIS AGREEMENT, made as of the day of 2009, by and between the Missoula County Commissioners, hereinafter referred to as COMMISSIONERS, and the Missoula Parks and Recreation Department, Missoula, Montana, hereinafter referred to as PARKS, WITNESSETH: The parties hereto hereby agree as follows: a 5% increase to the 2009 contract. I. DEFINITIONS A. Maintenance: Maintenance means general real property grounds upkeep-type work, generally described herein and does not include any capital improvements or any replacement or repair work of any nature, except for those specifically stated herein. II. IDENTIFICATION OF GROUNDS TO BE MAINTAINED AND COMPENSATION TO BE PAID FOR SERVICES PARKS agrees pursuant to this Agreement for fiscal year 2009-2010 (July 1, 2009 - June 30, 2010) to perform general maintenance services on County grounds outside the county buildings at the following locations for the monetary amounts identified herein: A. County Courthouse $21,066.00 B. County Office Building, 302 West .…$6,770.00 C. County Print Shop, 223 West Alder ..…$2,262.00 D. County Public Defenders and Youth Court Offices, 317 Woody ...$2,233.00 E. Partnership Health Care, 405 W Railroad…………………...…………….…$2,957.00 ---PAGE BREAK--- 2 The total annual compensation to be paid pursuant to this Agreement shall be………..$35,288.00 III. SCOPE OF MAINTENANCE SERVICES TO BE PERFORMED AT EACH LOCATION A. COUNTY COURTHOUSE GROUNDS MAINTENANCE Grounds Maintenance Services provided for Missoula County Courthouse by the Parks and Recreation Department for July 1, 2009 to June 30, 2010 or during any subsequent renewal shall be that the City Parks and Recreation Department agrees to provide the following services from July 1, 2009 to June 30, 2010 for a fee of $21,066.00 1. Charge and test irrigation system before the beginning of the growing season. 2. Mow and trim the turf once per week from April 1 until October 1. 3. Apply 20-10-5 fertilizer or acceptable substitute once per year. 4. Lawn and trees are to be watered at least three times per week or as needed from April 1 until October 31. 5. Trim hedge and shrubs once per year and remove and replace existing plant material in front of Courthouse on Broadway. 6. Purchase and plant flowers in the flowerbeds in the spring and remove them at the end of the growing season. Weeding of flowerbeds will be done at least once per week. 7. Trash pickup on the lawn, walkways and around the building and removing trash from trash receptacles will be done at least three times per week during the summer months and once per week during the winter months. 8. Any activity that may be scheduled on the Courthouse lawn will take precedence over watering and mowing. ---PAGE BREAK--- 3 9. Trees are to be fertilized with the correct amount and type of fertilizer at least once per year. 10. Irrigation system will be drained and winterized by October 31. 11. Any and all repair to the irrigation system will be the responsibility of the Parks and Recreation Department including all parts and labor. 12. Leaf removal will be done in the fall of each year, after the leaves have fallen from the trees. 13. During the winter months snow removal will be provided on all sidewalks and steps around the courthouse. All walks will be cleaned prior to 8:00 a.m. and kept clean until snowing has stopped. An environmentally safe deicer, which won't harm the vegetation, will be applied to the walks and steps as needed. 14. All tools and equipment for the maintenance of the Courthouse grounds will be the responsibility of the Parks and Recreation Department. B. COUNTY OFFICE BUILDING GROUNDS, 301 WEST ALDER Grounds Maintenance Services provided for Missoula County Office Building located at 301 West Alder by the Parks and Recreation Department from July 1, 2009 to June 30, 2010 or during any subsequent annual renewal shall be that the City Parks and Recreation Department agrees to provide the following services from July 1, 2009 until June 30, 2010 for a fee of $ $6,770.00. 1. Charge and test irrigation system before the beginning of the growing season. 2. Mow and trim the turf once per week from April 1 until October 1. 3. Apply 20-10-5 fertilizer or acceptable substitute once per year. 4. Trim shrubs once per year. 5. Lawn and trees are to be watered at least three times per week from April 1 until October 31. ---PAGE BREAK--- 4 6. Trees are to be fertilized with the correct amount and type of fertilizer at least once per year. Trees will be shaped and trimmed as needed. 7. Trash pickup on the lawn, walkways and around the building will be done at least three times per week during the summer months. 8. Irrigation system will be drained and winterized by October 31. 9. Any and all repairs to the irrigation system will be the responsibility of the Parks and Recreation Department, including all labor and materials. 10. Leaf removal will be done in the fall of each year, after the leaves have fallen from the trees. 11. During the winter months, snow removal will be provided on all sidewalks, steps and entrances to the building. All walks, including those at the County parking lots and Partnership Health Care, will be cleaned prior to 8:00 a.m. and kept clean until snowing has stopped. An environmentally safe deicer, which won't harm the vegetation, will be applied to the walks and steps as needed. C. COUNTY PRINT SHOP, 223 WEST ALDER Grounds Maintenance Services provided for Missoula County Print Shop located at 223 West Alder by the Parks and Recreation Department from July 1, 2009 to June 30, 2010 or during any subsequent annual renewal shall be that the City Parks and Recreation Department agrees to provide the following services from July 1, 2009 to June 30, 2010 for a fee of $2,262.00. 1. During the winter months, snow removal will be on all sidewalks, steps and entrances to the building. All walks including those at the County parking lot will be cleaned prior to 8:00 a.m. and kept clean until snowing has stopped. ---PAGE BREAK--- 5 An environmentally safe deicer, which won't harm the vegetation, will be applied to the walks and steps as needed. D. COUNTY PUBLIC DEFENDERS AND YOUTH COURT OFFICES, 317 WOODY Grounds Maintenance Services provided for Missoula County Public Defenders and Youth Court Offices located at 317 Woody by the Parks and Recreation Department from July 1, 2009 to June 30, 2010 or during any subsequent annual renewal shall be that the City Parks and Recreation Department agrees to provide the following services from July 1, 2009 to June 30, 2010, for a fee of $ 2,233.00. 1. Mow and trim the turf once per week from April 1 until October 1. 2. Apply 20-10-5 fertilizer or acceptable substitute once per year. 3. Provide spring and fall turf area clean up. 4. During the winter months, snow removal will be provided on the walkways and steps. All walks will be cleaned prior to 8:00 a.m. and kept clean until snowing has stopped. An environmentally safe deicer, which won't harm the vegetation, will be applied to the walks and steps as needed. E. PARTNERSHIP HEALTH CARE, 401 W RAILROAD Grounds Maintenance Services provided for Missoula County PHC, located at 401 W Railroad by the Parks and Recreation Department from July 1, 2009 to June 30, 2010 or during any subsequent annual renewal shall be that the City Parks and Recreation Department agrees to provide the following services from July 1, 2009 to June 30, 2010, for a fee of $2,957.00. 1. Mow and trim the turf once per week from April 1 until October 1. 2. Apply 20-10-5 fertilizer or acceptable substitute once per year. 3. Provide spring and fall turf area clean up. 4. During the winter months, snow removal will be provided on the walkways and steps. All walks will be cleaned prior to 8:00 a.m. and kept clean until ---PAGE BREAK--- 6 snowing has stopped. An environmentally safe deicer, which won't harm the vegetation, will be applied to the walks and steps as needed. IV. TERM OF AGREEMENT The Agreement shall be in force and effect for one year from July 1, 2009, and shall expire on June 30, 2010 or until terminated upon the thirty (30) day written notice by either party of a desire to terminate this Agreement. If the Agreement, or any part of it, is terminated prior to expiration, the parties hereby agree that any termination shall be effective at the end of a month and the COMMISSIONERS shall be liable for compensation to PARKS in the amount of one twelfth (1/12) of the total compensation to be paid for services at that location for each full month that the Agreement did exist, and PARKS agrees to make a refund of any prepayment amounts COMMISSIONERS may be entitled to as a refund. The Agreement may be renewed annually for up to three years at a rate not to exceed seven percent. V. AUTOMATIC RENEWAL The parties hereto agree that this Agreement shall be renewable annually for one year increments if neither party requests revisions to, or termination of the Agreement. VI. ENTIRE AGREEMENT This written Agreement is the entire and final Agreement between the parties. No oral promises, obligations, conditions, provisions or agreements, or writings shall in any way modify or supersede this Agreement or be deemed to be a part of this Agreement. VII. ---PAGE BREAK--- 7 AMENDMENTS TO BE IN WRITING Any amendments to this Agreement shall be in writing and agreed to and signed by both parties to this Agreement. VIII. BINDING ON SUCCESSORS IN INTEREST It is hereby agreed that this Agreement shall be binding on the parties hereto, as well as their successors in interest. PARKS AND RECREATION DEPARTMENT MISSOULA COUNTY COMMISSIONERS Donna Gaukler Jean Curtiss Parks and Recreation Director County Commissioner John Engen Bill Carey Mayor County Commissioner Michele Landquist County Commissioner ---PAGE BREAK--- 8 ATTEST: APPROVED BY COUNTY ATTORNEY: Brentt Ramharter Martha McClain Finance Officer Chief Civil Attorney ATTEST: ATTEST: Marty Rehbein Vickie Zeier City Clerk Clerk and Recorder Andrew Czorny Chief Financial Officer