RE: Contracts Questions

From: Gerald Fisher

Sent: Mon May 11 16:12:13 2020

To: Andy Peters

Subject: RE: Contracts Questions

Importance: Normal

If you are not satisfied with their answer then you can send them a notice to cancel all further treatment. Their representatives will not be allowed on park properties to perform any future work. We can do it ourselves if we have to.

Regards,

Gerald Fisher, P.E. | Public Works Director

City of Molalla

117 N Molalla Ave. | PO Box 248 |Molalla, OR 97038

Office: 503.829.6855 | Direct: 503.759.0218

CONFIDENTIALITY NOTICE: The information contained in this email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient and have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you.

From: Andy Peters <apeters@cityofmolalla.com>

Sent: Monday, May 11, 2020 3:33 PM

To: Gerald Fisher <gfisher@cityofmolalla.com>; Ginger Harville <gharville@cityofmolalla.com>; Chaunee Seifried <cseifried@cityofmolalla.com>; Adam Shultz <ashultz@cityofmolalla.com>

Subject: RE: Contracts Questions

Well now they are saying they put thousands of lbs of lime and seed on all six parks even though the quote in question was only for Clark Park and Sheets field. This is all messed up. Even if they DID place it in those parks, which I have doubts about, they did so with no signatures from us. I guess we’ll give them another week and see what they say.

Chaunee, is there a proper way to “Formally” dispute a bill? Or do we bother?

Thanks,

Andy

From: McConnon, Jennifer <JenniferMcConnon@trugreenmail.com>

Sent: Monday, May 11, 2020 9:49 AM

To: Andy Peters <apeters@cityofmolalla.com>

Cc: Gerald Fisher <gfisher@cityofmolalla.com>; Ginger Harville <gharville@cityofmolalla.com>; Chaunee Seifried <cseifried@cityofmolalla.com>; Adam Shultz <ashultz@cityofmolalla.com>; Wilson, James <JamesWilson@trugreenmail.com>

Subject: Re: Contracts Questions

Andy,

Forgive me, I did not put these numbers on the letter.....

I am still working on other options with my Branch Manager...

1. Clark Park at 815 Shirley: $3175.00 173,000 692 seed 2595 lime
2. Basketball Ct at 201 E 5th: $325.0 4,000 16 52
3. Fox Park at 201 E 5th: $1190.00 68,000 272 1020
4. Long Park at 315 N Molalla: $800.00 37,000 148 555
5. Rotary Park at 524 W Main: $399.75 4000 16 52
6. Sheets Field at 900 Toliver: $1025.00 55000 220 825

1364 5115

We used 5115 lbs of lime and 1364 pounds of seed.

His cost would have been approx. 920.7 on lime and 2591.6 on seed.

The aerator at 3 days would have been 542.4

Product cost would have been 4054.7

Now he would need to add on his true labor cost.

Jen McConnon

Commercial Accounts Manager

503-309-0293 - Cell

Portland/Medford

jennifermcconnon@trugreenmail.com

LAWN CARE TREE & SHRUB CARE ADDITIONAL SERVICES

Fertilization Tree/Shrub Fertilization Exterior Pest Control

Weed Control Insect & Disease Control 99% Weed Free Seed (retail)

Grub Control Tree soil Injections Vegetation Management

Core Aeration Bronze Birch Borer Control

Seeding Pine Borer Control

Lime Treatment Ornamental Bed Weed Control

From: Andy Peters <apeters@cityofmolalla.com>

Sent: Friday, May 8, 2020 4:01 PM

To: McConnon, Jennifer <JenniferMcConnon@trugreenmail.com>

Cc: Gerald Fisher <gfisher@cityofmolalla.com>; Ginger Harville <gharville@cityofmolalla.com>; Chaunee Seifried <cseifried@cityofmolalla.com>; Adam Shultz <ashultz@cityofmolalla.com>

Subject: RE: Contracts Questions

Jen I left you a voice message. From what I see this letter is not adequate to explain why the service was needed, or provide the material cost breakdowns I requested. Please let me know what truegreen plans: if they will be standing by this >$7000 bill we will no longer be working together.

This would sets our parks goals back significantly and be very unfortunate for our community. Just a few thousand dollars more and our Director could have replaced our largest piece of failing kids play equipment at our Library, which the City has been saving to do for some time now. If Trugreen intends to pursue the bill, then the decision whether to dispute it will be made. Please keep in mind that at no point has the City agreed to e-signatures in the past, which is a requirement of using them between parties in Oregon. Anything a Molalla employee has signed by e-signature is void at this point.

In any case, please take Molalla off your schedules until this is resolved. I’m not mad, Ms. McConnon, just very sad.

Respectfully,

Andy Peters

City of Molalla

Public Works Operations Supervisor

(503) 829-6855 x220

Cell: 503-793-0507

apeters@cityofmolalla.com

117 N Molalla Ave

Molalla, OR 97038

From: McConnon, Jennifer <JenniferMcConnon@trugreenmail.com>

Sent: Friday, May 8, 2020 2:00 PM

To: Andy Peters <apeters@cityofmolalla.com>

Subject: Re: Contracts Questions

Andy,

I have put together a letter for you regarding aerations, lime and over-seeding. If this works for you, let me know. If not, give me a call and I can amend it..

Jen McConnon

Commercial Accounts Manager

503-309-0293 - Cell

Portland/Medford

jennifermcconnon@trugreenmail.com

LAWN CARE TREE & SHRUB CARE ADDITIONAL SERVICES

Fertilization Tree/Shrub Fertilization Exterior Pest Control

Weed Control Insect & Disease Control 99% Weed Free Seed (retail)

Grub Control Tree soil Injections Vegetation Management

Core Aeration Bronze Birch Borer Control

Seeding Pine Borer Control

Lime Treatment Ornamental Bed Weed Control

From: Andy Peters <apeters@cityofmolalla.com>

Sent: Wednesday, May 6, 2020 9:10 AM

To: McConnon, Jennifer <JenniferMcConnon@trugreenmail.com>

Subject: RE: Contracts Questions

Jennifer, I haven’t heard back on this issue. Can you please let me know how Trugreen intends to resolve this? I spoke with our Director and City Manager yesterday and they are up to speed. They are just waiting to see what position Trugreen will take.

Thank you,

Andy

From: Andy Peters

Sent: Wednesday, April 29, 2020 11:33 AM

To: 'McConnon, Jennifer' <JenniferMcConnon@trugreenmail.com>

Subject: RE: Contracts Questions

Jennifer, I’m going to discuss with some folks at City Hall, I’m sure there will be discussions about e signatures and what the City needs to do and how much trouble Andy might be in ☹

I have to be very careful what I do next, to ensure I follow all the rules for handling public money, and do everything completely above board. Let me ask a few questions that I will be asked myself during this difficult conversation I’ll be having:

1. Why does Clark Park need Aeration and Lime? The park is always green and we have to mow it all the time, almost excessively. What will happen to the park if we do NOT (we never have in the past, and there is nothing but green green grass).
2. How much Lime was placed on Clark Park, in Lbs, and what is to cost of lime per pound? Because I can get a 50 lb sack from wilco for less than $9.
3. Utility Crews can rent an aerator for about $180 per day. Why is the cost to aerate these parks so much money? Do I misunderstand what “Aeration” means?
4. The Line Items on the proposal under discussion (attached) do not mention Seed, but a note at the bottom does. Were the parks Seeded? If so, how much seed was placed (lbs)? What is the cost of seed? (My cost for contractors blend is $1.90 per lb).
5. If seed was placed, then again, why was it placed - since the parks are always green and need constant mowing?

I could never have even suggested to our budget committee or Director that we do this without solid logical answers to these questions. I also need to get a contract for the Basketball Court (which is what I thought I was signing and what I intended to sign with that 6^th document!)

Thanks,

Andy

From: McConnon, Jennifer <JenniferMcConnon@trugreenmail.com>

Sent: Wednesday, April 29, 2020 10:38 AM

To: Andy Peters <apeters@cityofmolalla.com>

Subject: Re: Contracts Questions

Thanks Andy,

I know the times are interesting to say the least. I had sent the aerations as a separate thing because we had talked about it the prior season and that we may want to do it the following season, so I sent them to you, thinking that you could take them or leave them. I'm working with my management to see what I can do. Can the City afford any piece of it? We can mix it in with some of your services cost-wise for a portion but we would have to figure that out. I'm going to talk to my GM a little bit more to try to figure it out. You got a fantastic service though 

Jen McConnon

Commercial Accounts Manager

503-309-0293 - Cell

Portland/Medford

jennifermcconnon@trugreenmail.com

LAWN CARE TREE & SHRUB CARE ADDITIONAL SERVICES

Fertilization Tree/Shrub Fertilization Exterior Pest Control

Weed Control Insect & Disease Control 99% Weed Free Seed (retail)

Grub Control Tree soil Injections Vegetation Management

Core Aeration Bronze Birch Borer Control

Seeding Pine Borer Control

Lime Treatment Ornamental Bed Weed Control

From: Andy Peters <apeters@cityofmolalla.com>

Sent: Tuesday, April 28, 2020 2:14 PM

To: McConnon, Jennifer <JenniferMcConnon@trugreenmail.com>

Subject: Contracts Questions

Jennifer,

Sorry for the sound of fear in my voice on the phone, I’ll try to keep it together next time. I’m sure we can figure this out, I just need to breath and stay calm!

So here is what I show: Molalla has had a set of SIX contracts with TruGreen, which have always been the same; I sign them each year, and have authority to do so because we have budget committee approvals, and an Purchase Order to match signed by PW Director Fisher. I’ve attached these contracts, They are:

1. Clark Park at 815 Shirley: $3175.00
2. Basketball Ct at 201 E 5th: $325.00
3. Fox Park at 201 E 5th: $1190.00
4. Long Park at 315 N Molalla: $800.00
5. Rotary Park at 524 W Main: $399.75
6. Sheets Field at 900 Toliver: $1025.00

I’m looking back at what I show I Electronically Signed through the “EcoSign” system, which you sent me on 4/3/2020. I thought this was a simple renewal of our Six contracts as usual, and I saw small price increases, which is no big deal. But now I’m confused because I see I signed only 5 signed contracts that match the above list… The 6^th is completely separate, and is for Aeration in the amount of $7748.25… eek! That’s over the entire annual budget! Where did that come from - we didn’t even speak? And where is our Basketball Court contract?

I do not have delegated authority to commit public money in the amount of $7k, so that leaves me very nervous about what I’ve electronically signed. Can you help me understand what’s happened?

Respectfully,

Andy Peters

City of Molalla

Public Works Operations Supervisor

(503) 829-6855 x220

Cell: 503-793-0507

apeters@cityofmolalla.com

117 N Molalla Ave

Molalla, OR 97038

From: McConnon, Jennifer <JenniferMcConnon@trugreenmail.com>

Sent: Tuesday, April 28, 2020 11:51 AM

To: Andy Peters <apeters@cityofmolalla.com>

Subject: Re: Scan from City of Molalla

It was on the contract. Aerations with lime and seeding

Jen McConnon

Commercial Accounts Manager

503-309-0293 - Cell

Portland/Medford

jennifermcconnon@trugreenmail.com

LAWN CARE TREE & SHRUB CARE ADDITIONAL SERVICES

Fertilization Tree/Shrub Fertilization Exterior Pest Control

Weed Control Insect & Disease Control 99% Weed Free Seed (retail)

Grub Control Tree soil Injections Vegetation Management

Core Aeration Bronze Birch Borer Control

Seeding Pine Borer Control

Lime Treatment Ornamental Bed Weed Control

From: Andy Peters <apeters@cityofmolalla.com>

Sent: Tuesday, April 28, 2020 11:36 AM

To: McConnon, Jennifer <JenniferMcConnon@trugreenmail.com>

Cc: Ginger Harville <gharville@cityofmolalla.com>; Chaunee Seifried <cseifried@cityofmolalla.com>

Subject: RE: Scan from City of Molalla

Jennifer, I'm a little confused on these bills. I don't think this activity was in our contract and I know there was no approved PO from the City to go forward with $7500 worth of additional unbudgeted work. Can you please look at this and see what happened? I'm holding the bill for now, until we know more.

Andy

-----Original Message-----

From: Ginger Harville <gharville@cityofmolalla.com>

Sent: Friday, April 24, 2020 11:39 AM

To: Andy Peters <apeters@cityofmolalla.com>

Subject: FW: Scan from City of Molalla

Hi Andy,

Do you want to assign a different PO # for these invoices? Or, if you want to use #2305, do you want to up the amount?

Thanks!

Ginger

CONFIDENTIALITY NOTICE: The information contained in this e-mail, including any attachment(s), is confidential information that may be privileged and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or if you received this message in error, then any direct or indirect disclosure, distribution or copying of this message is strictly prohibited. If you have received this message in error, please notify TruGreen by calling (800) 456-5296 and by sending a return e-mail, delete this message, and destroy all copies, including attachments.