HomeMy WebLinkAboutSolitude Lake Management 2022-04-21SERVICES CONTRACT
CUSTOMER NAME: Grace Hudson Museum
SUBMITTED TO: City of Ukiah
CONTRACT DATE: April 21, 2022
SUBMITTED BY: Katie Pierce
SERVICES: Visual inspection of creek system at Grace Hudson Museum
This agreement (the “Agreement”) is made as of the date indicated above, and is by and between
SOLitude Lake Management, LLC (“Solitude” or the “Company”) and the customer identified above (the
“Customer”) on the terms and conditions set forth in this Agreement.
1. The Services. SOLitude will provide services at the Customer’s property as described in Schedule A
attached hereto:
2. PAYMENT TERMS. The fee for the Services is $1,150.00. The Customer will be invoiced 100% of the
service fee by SOLitude following completion of the Services.
For any work completed or materials in storage on the customer’s behalf at the end of each month, the
company will invoice and the customer will be responsible for paying the percent of the total work
completed as of that date, less any previous deposit paid. Should the work performed be subject to any
local, state, or federal jurisdiction, agency, or other organization of authority for sales or other taxes or fees
in addition to those expressly covered by this contract, customer will be invoiced and responsible for
paying said additional taxes in addition to the fee above. Customer agrees to pay all invoices within thirty
(30) days of invoice date. The Customer will be liable for any returned check fees and any collection
costs, including reasonable attorney fees and court costs, for any invoices not otherwise timely paid, and
interest at the rate of 1% per month may be added to all unpaid invoices. Company shall be reimbursed
by the Customer for any non-routine expenses, administrative fees, compliance fees, or any other similar
expense that are incurred as a result of requirements placed on the Company by the Customer that are
not covered specifically by the written specifications of this contract.
3. TERM AND EXPIRATION. This Agreement is for a one-time service as described in the attached
Schedule A. Any additional services will be provided only upon additional terms as agreed to by the
parties in writing.
Competitively Sensitive & Proprietary Materials – The information contained herein is the intellectual property of SŌLitude Lake Management.
Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SŌLitude Lake Management. This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253)|SOLITUDELAKEMANAGEMENT.COM
COU PO No. 47876
Services Contract
Grace Hudson Museum - Visual Inspection 2022 - KP
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4.DISCLAIMER.SOLitude is not responsible for the failure of any treatment, equipment installation, or
other work that result from dam or other structural failures, severe weather and storms, flooding, or other
acts of God that are outside of the control of SOLitude.
Customer understands and acknowledges that there are irrigation restrictions associated with many of the
products used to treat lakes and ponds. The customer is responsible for notifying SOLitude in advance of
the contract signing and the start of the contract if they utilize any of the water in their lakes or ponds for
irrigation purposes. The customer accepts full responsibility for any issues that may arise from the irrigation
of turf, ornamentals, trees, crops, or any other plants as a result of treated water being used by the
customer for irrigation without the consent or knowledge of SOLitude.
Although there is rarely direct fish toxicity with the products used for treatment when applied at the
labeled rate, or the installation and normal operation of the equipment we install, there is a risk under
certain circumstances of significant dissolved oxygen drops. This risk is most severe in times of extremely
hot weather and warm water temperatures, as these are the conditions during which dissolved oxygen
levels are naturally at their lowest levels. Oftentimes lakes and ponds will experience natural fish kills under
these conditions even if no work is performed. Every effort, to include the method and timing of
application, the choice of products and equipment used, and the skill and training of the staff, is made to
avoid such problems. However, the customer understands and accepts that there is always a slight risk of
the occurrence of adverse conditions outside the control of SOLitude that will result in the death of some
fish and other aquatic life. The customer also understands and accepts that similar risks would remain
even if no work was performed. The customer agrees to hold SOLitude harmless for any issues with fish or
other aquatic life which occur as described above, or are otherwise outside the direct control of the
SOLitude, unless there is willful negligence on the part of SOLitude.
While SOLitude Lake Management LLC makes every effort to thoroughly inspect the site before providing
this contract proposal or beginning any work, it is possible, without fault or negligence, that unforeseen
circumstances may arise, or that hidden conditions on the site might be found in the course of the
performance of the contract work, which would result in additional time or material costs that exceed this
contract pricing. Should this occur, the customer will be notified of these unforeseen circumstances or
conditions and be responsible for the costs associated with remedying. By signing this agreement, the
customer acknowledges that they have informed SOLitude Lake Management® of all known and
relevant current site conditions that would be reasonable to expect could affect our ability to successfully
complete the contract work.
5.INSURANCE AND LIMITATION OF LIABILITY.Solitude will maintain general liability and property
damage insurance as necessary given the scope and nature of the Services.The Company will be
responsible for those damages,claims,causes of action,injuries or legal costs to the extent of its own
direct negligence or misconduct,and then only to an amount not to exceed the annual value of this
Agreement.In no event will any party to this Agreement be liable to the other for incidental,
consequential or purely economic damages.
Competitively Sensitive &Proprietary Materials –The information contained herein is the intellectual property of SŌLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information,processes,or pricing contained in this document or any of its
attachments without the prior written consent of SŌLitude Lake Management.This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253)|SOLITUDELAKEMANAGEMENT.COM
Services Contract
Grace Hudson Museum - Visual Inspection 2022 - KP
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6.FORCE MAJEURE.The Company shall not be liable for any delay in performing the Services,nor
liable for any failure to provide the Services, due to any cause beyond its reasonable control.
7.ANTI-CORRUPTION AND BRIBERY.Each party represents that neither it nor anyone acting on its
behalf has offered,given,requested or accepted any undue financial or other advantage of any kind in
entering into this Agreement,and that it will comply with all applicable laws and regulations pertaining to
corruption, competition and bribery in carrying out the terms and conditions of this Agreement.
8.GOVERNING LAW.This Agreement shall be governed and construed in accordance with the laws
of the state in which the Services are performed.
9.ENTIRE AGREEMENT.This Agreement constitutes the entire agreement between the parties with
respect to the subject matter and replaces any prior agreements or understandings,whether in writing or
otherwise.This Agreement may not be modified or amended except by written agreement executed by
both parties.In the event that any provision of this Agreement is determined to be void,invalid,or
unenforceable,the validity and enforceability of the remaining provisions of this Agreement shall not be
affected.
10.NOTICE.Any written notice provided under this Agreement may be sent via overnight mail,
certified mail,hand delivery or electronic mail with delivery confirmation,to the individuals and addresses
listed below.
11.BINDING.This Agreement shall inure to the benefit of and be binding upon the legal
representatives and successors of the parties.
12.FUEL/TRANSPORTATION SURCHARGE.Like many other companies that are impacted by the price of
gasoline,a rise in gasoline prices may necessitate a fuel surcharge.As such,the Company reserves the
right to add a fuel surcharge to Customer's invoice for any increase in the cost of fuel as measured above
the same time period in the prior year (by the National U.S.Average Motor Gasoline-Regular Fuel Price per
Gallon Index reported by the U.S.Department of Energy).The surcharge may be adjusted monthly (up or
down) with the price of gasoline.
13.E-Verify.Solitude Lake Management LLC utilizes the federal E-Verify program in contracts with
public employers as required by Florida State law,and acknowledges all the provisions of Florida Statute
448.095 are incorporated herein by reference and hereby certifies it will comply with the same.
Competitively Sensitive &Proprietary Materials –The information contained herein is the intellectual property of SŌLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information,processes,or pricing contained in this document or any of its
attachments without the prior written consent of SŌLitude Lake Management.This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253)|SOLITUDELAKEMANAGEMENT.COM
Services Contract
Grace Hudson Museum - Visual Inspection 2022 - KP
Page 4 of 6
ACCEPTED AND APPROVED:
SOLITUDE LAKE MANAGEMENT, LLC.City of Ukiah
Signature: ______________________________Signature: ______________________________
Printed Name: __________________________Printed Name: __________________________
Title: ____________________________Title: _____________________________
Date: _________________________Date: __________________________
Please Remit All Payments to:Customer’s Address for Notice Purposes:
1320 Brookwood Drive Suite H ____________________________________________
Little Rock AR 72202
____________________________________________
Please Mail All Contracts to:
____________________________________________
2844 Crusader Circle, Suite 450
Virginia Beach, VA 23453
Competitively Sensitive & Proprietary Materials – The information contained herein is the intellectual property of SŌLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its
attachments without the prior written consent of SŌLitude Lake Management. This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253)|SOLITUDELAKEMANAGEMENT.COM
Sage Sangiacomo
City Manager
City of Ukiah
300 Seminary Ave
Ukiah, CA 95482
Apr 21, 2022
Services Contract
Grace Hudson Museum - Visual Inspection 2022 - KP
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SCHEDULE A - SERVICES
Project Summary:SOLitude will visually inspect and troubleshoot Grace Hudson Museum’s creek
system to determine the location and source of the water loss. This proposal does not include
repairs to the existing facility other than those outlined in the scope of work. In the event that future
inspections reveal the need for additional work, the Company will notify the Customer immediately
and will provide an estimate to complete the work.
Specifications:
1.Company will mobilize equipment and crews to the site.
2.Company will visually inspect the creek, vault, pump, and associated infrastructure.
3.Company will troubleshoot the location and source of the water loss.
4.Company will provide the customer with an assessment of what was inspected and
troubleshooted along with recommendations.
5.Company will prepare a completion report with photographs documenting the
maintenance conducted and a Maintenance Activity Report (MAR) for your records.
Assumptions:
1.Company will have free and unimpeded access to the work location.
2.Assignment will take approximately one (1) day onsite with two (2) crew members.
3.Work does not require any engineering or permits.
4.Should any additional issues be identified during work activity, Company will notify
Customer immediately to discuss modified scope, related additional costs, and confirm
project path forward.
General Qualifications:
1.Company is a licensed pesticide applicator in the state in which service is to be
provided.
2.Individual Applicators are Certified Pesticide Applicators in Aquatics, Public Health,
Forestry, Right of Way, and Turf/Ornamental as required in the state in which service is
to be provided.
3.Company is a SePRO Preferred Applicator and dedicated Steward of Water. Each
individual applicator has been trained and educated in the water quality testing and
analysis required for prescriptive site-specific water quality management and utilizes an
integrated approach that encompasses all aspects of ecologically balanced
management. Each applicator has received extensive training in the proper selection,
use, and application of all aquatic herbicides, algaecides, adjuvants, and water
quality enhancement products necessary to properly treat our Customers’ lakes and
ponds as part of an overall integrated pest management program.
Competitively Sensitive &Proprietary Materials –The information contained herein is the intellectual property of SŌLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information,processes,or pricing contained in this document or any of its
attachments without the prior written consent of SŌLitude Lake Management.This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253)|SOLITUDELAKEMANAGEMENT.COM
Services Contract
Grace Hudson Museum - Visual Inspection 2022 - KP
Page 6 of 6
4.Company guarantees that all products used for treatment are EPA registered and
labeled as appropriate and safe for use in lakes, ponds, and other aquatic sites, and
are being applied in a manner consistent with their labeling.
5.All pesticide applications made directly to the water or along the shoreline for the
control of algae, aquatic weeds, or other aquatic pests as specified in this contract will
meet or exceed all of the Company’s legal regulatory requirements as set forth by the
EPA and related state agencies for NPDES and FIFRA. Company will perform
treatments that are consistent with NPDES compliance standards as applicable in and
determined by the specific state in which treatments are made. All staff will be fully
trained to perform all applications in compliance with all federal, state, and local law.
6.Company will furnish the personnel, vehicles, boats, equipment, materials, and other
items required to provide the foregoing at its expense.
Competitively Sensitive &Proprietary Materials –The information contained herein is the intellectual property of SŌLitude Lake Management.
Recipients may not disclose to any outside party any proprietary information,processes,or pricing contained in this document or any of its
attachments without the prior written consent of SŌLitude Lake Management.This document is provided to the recipient in good faith and it shall
be the responsibility of the recipient to keep the information contained herein confidential.
888.480.LAKE (5253)|SOLITUDELAKEMANAGEMENT.COM