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SERVICES TO BE PROVIDED BY   
Native Outdoor Care shall perform the following services (the “Services”):

   
Vehicle Area Snow Removal

    The Contractor shall remove snow on all main drives, access roads and parking lots as directed and outlined by this agreement. This does not include unpaved surface areas. This agreement does not provide for physical removal, hauling snow from site, or ice removal. Service fees will be determined according to the attached Rates Schedule. Contractor shall mobilize when snow accumulation reaches the specified amount or snow accumulation is imminent in these service areas described above. Contractor will begin snow removal operations and continue as needed.

 

 PEDESTRIAN AREA SNOW REMOVAL
Contractor will perform snow shoveling and/or plowing services on walkways, disability ramps and all entrances. Service fees will be determined according to the attached Rate Schedule. Contractor will commence snow removal on these service areas when Contractor determines that snow accumulation has reached the specified amount. When accumulation exceeds 10 inches or when drift conditions exist, “shovel wide” paths will be cleared during the visit to the site. Walks will be cleared to their full width when conditions allow further attention.

 

DE-ICING SERVICES
Contractor will apply de-icing materials to service areas only in conjunction with a storm with accumulations greater than the specified amount or when requested by client. Pet friendly deice can be applied at request of client. Service fees will be determined according to the attached Rate Schedule

 

DETERMINING SNOW DEPTH 
For each Site, the aggregate depth of snowfall and number of snow and/or mixed precipitation events requiring Services will be determined in conjunction with the client and in good faith by Contractor using published, third-party compiled meteorological data for that Site or surrounding geographic areas.   
 

TERMS AND CONDITIONS
THIS SNOW REMOVAL SERVICES AGREEMENT (this “Agreement”) is entered into as of the date first set forth on the attached Specification Sheet, by and between Native Outdoor Care (the “Contractor”) and the client identified on the Specification Sheet (the “Client”). In consideration of the mutual covenants contained herein, and intending to be legally bound hereby, Contractor and

Client agree as follows:

 

 SERVICES
Contractor will furnish labor, supervision, services, materials and equipment necessary to perform the services for the Client as are set forth on “Specification Sheet” (the “Services”) at the prices and/or amounts set forth on the “Rates Schedule” attached hereto. Services will be made available to Client and the term of this Agreement (the “Term”) will be as set forth on the Specification Sheet.

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It shall be the responsibility of the Client to notify the Contractor when snow services are NOT required.

If as indicated on the Specification Sheet, Client and Contractor agree that Contractor will determine when and to the extent Services are required by accumulations of snow or any other conditions requiring Services, then Client agrees that Contractor’s reasonable determination of the need for and amount and scope of the Services provided shall be binding on Client. If Client elects to suspend or deny Services at any time, Client shall provide Contractor with a written proposal to modify the scope of Services to Contractor; Contractor will continue to perform according to the existing scope of Services until such a proposal is mutually agreed. Contractor shall respond promptly and within a reasonable amount of time as weather conditions and government restrictions permit.

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The client and or representative shall be responsible for the removal or for having all vehicles from parking lot, drives, access roads, and designated stockpile areas, so that the Contractor can properly and efficiently operate snow removal equipment. If vehicles are not removed at the time of removal operations the Contractor will be obligated to plow only those areas available and open for safe use and operation of snow removal equipment. If the designated www.nativeoutdoorcare.com 303.416.2208 hello@nativeoutdoorcare.com stockpile areas are not accessible, the Contractor shall stockpile snow in an area that in the opinion of the Contractor, allows the greatest usability of the lot.

 

The Client/ representative is responsible for communicating a proper designated spot to stockpile snow. Otherwise, the Contractor shall place snow in an area that, in the opinion of the Contractor, allows the greatest usability of the lot.

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DRIVEWAYS, WALK AND OTHER PAVED SURFACES

Prior to the commencement of snow removal operations, representatives of Client and Contractor shall inspect the site and document existing conditions. Contractor will not be responsible for any damage to driveways, expansion joints, walks, and other paved surfaces resulting from treatments with calcium chloride (or equivalent) or salt/sand materials. Contractor is not responsible for cosmetic scrapes on driveways, parking surfaces, or sidewalks, or damage to concrete or paved surfaces at or near expansion joints. The Contractor assumes no liability for damages caused by heavy equipment, e.g.: loaders, tractors, etc. Client acknowledges that concrete will crack under the ordinary stress of freezing and thawing, and cracked concrete will not be the responsibility of Contractor during driveway, parking surface, or sidewalk snow removal or de-icing treatments. Contractor will not be responsible for damage to objects (e.g., planters, statues, etc.) left in snowplow areas. Damage to garage doors and sod caused by snowplows shall be the responsibility of Contractor; Contractor shall not be responsible for damage to turf or plant materials caused by snow melting or de-icing materials.

 

PAYMENT FOR SERVICES    
Client shall pay Contractor for Services in accordance with the Rate Sheet. Invoices will be sent out after each service. Any payments which are greater than 30 days late will be charged a 7% per month late charge. Any amount which becomes 60 days past due will force collections and the client will be responsible for any legal fees incurred or any other costs incurred to collect the debt. If at any time during the contract a payment becomes more than 30 days past due, Native Outdoor Care may terminate contract for services 7 days after written notice is delivered to client.

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 We are more than happy to provide you with services that may not be included in your contract.    
Any additional services requested would be an added cost to your normal monthly charges.   

 

INDEMNITY

The Contractor assumes no liability for damage to items or property which lie near the area designated for snow removal and which have been concealed from the Contractor’s view by snow accumulation or conditions: turf, curbs, wheel stops, hydrants, etc. The Client agrees that the Contractor shall not be liable for any claim, cause of action, or liability instituted by any resident or third party, arising out of property damage of personal injury due to snow coverage, or wet surface, whether services have or have not been performed. Client agrees to indemnify, defend and hold harmless Contractor, and its officers, employees, directors, representatives and agents (each, an “Indemnified Party”), from and against any and all claims, losses, settlements, fines, liabilities, damages, deficiencies, costs or expenses (including interest, penalties and attorneys' fees and disbursements) (“Damages”) suffered, sustained, incurred or required to be paid by any such Indemnified Party due to, based upon, arising out of, in connection with, or otherwise in respect of the performance of the Services contemplated hereby or otherwise as a result of any acts or omissions by Client, its employees, agents, representatives and clients, failure by Client to perform its obligations under this Agreement, or enforcement of this paragraph. This paragraph shall survive the termination of this Agreement.

 

INSURANCE & LIABILITIES    
Native Outdoor Care agrees to maintain proper licenses and insurance as required by the State of Colorado.    
Client will not be held responsible for any personal injury or damage caused by direct actions of Native Outdoor Care and its employees; however, client is fully responsible for any damage or injury caused directly or indirectly through their own actions and the actions of their employees, agents, property owners or guests.

 

GUARANTEE  
Native Outdoor Care agrees to perform all snow removal services in a workmanlike manner and will not perform services or act in any way which is illegal or violates any state guidelines or city or county ordinances.    
    
By signing below, client agrees to and understands all terms and conditions outlined in this contract and “Services to Be Provided” section.   ​​

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