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AGREEMENT FOR SPRAYING SERVICES (WEED SPRAY) This Agreement, entered into this 20th day of AJp_r_il , 1992, between the City of Moscow, a Municipal Corporation of Idaho, hereinafter referred to as 'CITY', and Shull Bros. Inc., an Idaho Corporation, hereinafter referred to as 'CONTRACTOR'. WITNESSETH: WHEREAS, the CITY has examined various proposals for spraying services; and, WHEREAS, the CITY has determined that the CONTRACTOR is qualified to provide the desired weed control; NOW THEREFORE, in consideration of the benefits which will accrue to the parties in carrying out the terms and conditions of this personal services agreement, it is mutually understood and agreed as follows: 1. CONTRACTOR, upon execution of this agreement, shall proceed with the work described in paragraph 2. 2. Description of work: b) AGREEMENT; Page 1 Noxious weed control as needed on city right-of-ways and in alleys. Maintain bare ground weed control from asphalt to the top edge of ditches or creeks on all streets without curbs such as White Ave., Mt. View, East F St., Public Ave., where drainage allows, except along Paradise Creek where spraying would be limited to 6 feet from the edge of the pavement. ---PAGE BREAK--- c) Curb edge weed control to include both curb-to-asphalt and curb-to-sidewalk as needed throughout the city. d) Weed control in street cracks as requested by the Street Department. e) Bare ground weed control at 'dead end' barricades, bridges, guard rails, and at fire hydrants in rank growth areas as per city instructions (at locations required) from the Street Superintendent. All the above items are to be treated by August 1, 1992 and are subject to retreatment as required to maintain control throughout the season. 3. Supply a list and description of all the chemicals and materials to be used in the application of each of the above functions b, c, d, e) . 4. Avoid the use of phenoxy herbicides whenever possible in areas of high human exposure (areas to be determined by the city) . 5. The CONTRACTOR will give the City Street Department a minimum of two weeks notice before the start of any spraying. This will give the city the time needed to publish notices in the local paper before the start of any spraying. 6. Payment: The CITY shall, upon review and approval of work by the Street Superintendent, make five equal payments of $1220. 00 beginning on approximately May 10, 1992. 7. If the Street Superintendent determines that services being rendered are not adequate or suitable to meet the needs of the City he may terminate this agreement by providing fifteen days written notice to CONTRACTOR. If the agreement is terminated, the CITY shall pay only for services which have been rendered based on a percentage of total work to be performed under this agreement. 8. The CONTRACTOR agrees that all work performed shall be performed safely, shall be of the highest quality, and that all herbicides, chemicals, pesticides and insecticides used shall be of high quality and applied in accordance with applications recommended by the manufacturer. Prior approval of any pesticide (not identified in paragraph 2) must be made by the Street Superintendent. AGREEMENT; Page 2 ---PAGE BREAK--- 9. The CONTRACTOR will provide a bi-weekly status report to the Street Superintendent on the progress of the program and a year-end written program summary report to the Health and Environment Commission to be presented at the March meeting, detailing areas sprayed, chemicals applied, and chemicals ' effectiveness, weeds applied to, and identifying specific weed hot spots. 10. The CONTRACTOR shall maintain liability insurance in effect in the amount of $300,000 (or more) . A copy of said insurance (or binder) shall be provided to the CITY. This Agreement shall be effective the day and year first above written. CITY OF MOSCOW; ATTEST: Elaine Rus, City Clerk CONTRACTOR: AGREEMENT; Page 3 ---PAGE BREAK--- AtDt lllt. CERTIFICA TrE OF INSURANCE ISSUE DATE (MM/DD/YY) l 4-14-92 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND North America Chemical Users & ApplicatorsCONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE A I A R. k R . "P h . I DOES NOT AMEND, EXTEND OR AL TER THE COVERAGE AFFORDED BY THE ssoc. nc., :LS etent:Lon urc as:Lng POLICIES BELOW. Group" qualified under the Risk Retention- - - Act of 1986; Federal Law 97-45 COMPANIES AFFORDING COVERAGE P.O. Box 520400 Salt Lake City, UT 84152-0400 INSURED Joseph & Deborah Evans Shull Brothers Pest Control 3127 Carmichael Road Moscow, ID 83843 COVERAGES coMPANY A NOTICE: Coverage is being provided as part LEITER of a MASTER GROUP POLICY ISSUED TO MEMBERS COMPANY B of the North America Chemical Users & LETTER Applicators Assoc., Inc. A Risk Retention COMPANY C LETTER COMPANY D LEITER COMPANY E LETTER "Purchasing Group" authorized under the Risk Retention Act of 1986; Federal Law 97-45, in the state of Utah, by Homestead Insurance Company. (NJ) THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. co LTR TYPE OF INSURANCE A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY POLICY NUMB.ER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL AGGREGATE $ 300,000(CSL) PRODUCTS-COMP/OP AGG. $ X CLAIMS MADE OCCUR. CGL 0458 FP 1302 040 4-11-92 10-11-92 PERSONAL&ADV.INJURY $ OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE s FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) S oTHER The City of Moscow is hereby listed as additional insured, Soley as respects to liability arising out of the services and operations agreed to be performed for such additional insured by or on behalf of the Additional Named Insured Member DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Weed Control, Tree Spraying, Landscaping (EXC-XCU), Mowing & Raking, Tree Trimming, Extermination of Insects & Rodents, Fumigation, Lawn & Shrubs, Inspection Services Only (Real Estate Sales Contract Certification)_Excluding Property Previously Treated CERTIFICATE HOLDER CANCELLATION City of Moscow City Hall Moscow, ID 83893 ACORp (7/90) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY @A:l\!R MAIL ? DAYS WRITIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BCD}Clt!'l.>mQ{JM7O9JIB K!ID::Jet:EFGHI,... AUTHORIZED REPRESENTATIVE 0 f