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AGREEMENT FOR WEED SPRAYING SERVICES This Agreement, entered into this 25th day of March, 1998, between the City of Moscow, a Municipal Corporation of Idaho, hereinafter referred to as 'City', and Shull Brothers, hereinafter referred to as 'Contractor.' WITNESSETH WHEREAS, the City has determined that it is in the public interest to control and eradicate harmful weeds upon city property and rights of way; and WHEREAS, the City desires to retain a Contractor to perform weed spraying services upon city property and rights of way; and 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 ARTICLE I RETENTION OF CONTRACTOR The City agrees to engage Contractor, and Contractor, upon execution of this Agreement, shall proceed with the work described in paragraph II. ARTICLE II SERVICES The Contractor agrees to provide the following services to City pursuant to this Agreement, in a good and workmanlike manner, utilizing best practices and safety measures: a. Noxious weed control as needed or as directed per instructions from the City Street Superintendent on city rights-of-ways and in alleys. b. Maintain bare ground weed control from asphalt to the top edge of ditch or creek banks 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 six 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 directed by the City Street Superintendent 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 City Street Superintendent. ARTICLE III TIME All the above items are to be treated by July 1, 1998 and are subject to re-treatment as required to maintain control throughout the season. ARTICLE IV CHEMICALS The Contractor shall, during the terms of this Agreement a. Agree 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 Article IVb ) must be made by the Street Superintendent. b. Supply a list and description of all the chemicals and materials to be used pursuant to this Agreement. c. A void the use of phenoxy herbicides whenever possible in areas of high human exposure (areas to be determined by the City Street Superintendent). ARTICLE V NOTICE The Contractor will give the City Street Superintendent 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. ARTICLE VI COMPENSATION The City shall pay to Contractor the sum of SEVEN THOUSAND EIGHT HUNDRED AND NINETY DOLLARS ($7,890.00) for services to be performed pursuant to this Agreement This sum shall be paid in five equal payments of ONE THOUSAND FIVE HUNDRED AND 2 ---PAGE BREAK--- SEVENTY-EIGHT DOLLARS ($1,578 00) Each payment shall be made only upon review and approval by the City Street Superintendent of the work performed. Such payments shall commence May 15, 1998. ARTICLE VII TERMINATION If the City 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 this Agreement is terminated in such manner, the sole liability of the City for such termination shall be to the Contractor for services rendered until the time of termination, which payment shall be determined based on a percentage of total work to be performed under this Agreement ARTICLE VIII REPORTS The Contractor will provide a bi-weekly status report to the City 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 by the January meeting, detailing areas sprayed, chemicals applied, chemicals' effectiveness, weeds applied to, and identifYing specific weed "hot spots." ARTICLE IX COMPLIANCE WITH LAWS a. The Contractor agrees that it shall conduct its operations pursuant to this Agreement in conformance with all applicable laws, ordinances and regulations of all governmental and regulatory agencies having jurisdiction. b. The Contractor agrees to use, handle, store and dispose of any and all toxic substances used in the performance of this Agreement in accordance with applicable federal, state, city and local laws, statutes and regulations and further agrees to indemnity and hold the City harmless from any liability resulting from the use, handling, storage or disposal of toxic substances. ARTICLE X INDEPENDENT CONTRACTOR The parties warrant by their signature that no employer-employee relationship is established between the Contractor and the City by the terms of this contract. It is understood by the parties hereto that the Contractor is an independent Contractor and as such neither it nor its employees, if any, are employees of the City for purposes of tax, retirement system, or social security (FICA) withholding. 3 ---PAGE BREAK--- ARTICLE XI CONSTRUCTION AND VENUE It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Second Judicial District of the State ofldaho, in and for the County of Latah. ARTICLE XII INDEMNIFICATION The Contractor waives any all claims and recourse against the City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to the Contractor's performance of this Agreement except for liability arising out of the sole negligence of the City or its officers, agents or employees. Further, the Contractor shall indemnify, hold harmless, and defend the City against any and all claims, demands, damages, costs, expenses or liability arising out of the Contractor's performance of this Agreement except for liability arising out of the sole negligence of the City or its officers, agents or employees. ARTICLE XIII MODIFICATION AND ASSIGNABILITY OF CONTRACT This Agreement contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party are valid or binding unless contained herein. This Agreement may not be enlarged, modified or altered except upon written Agreement signed by the parties hereto. The Contractor may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent and express authorization of the City. Any subcontractor or assignee so authorized shall be bound by all of the terms and conditions of this Agreement as if named specifically herein. ARTICLE XIV INSURANCE The Contractor warrants that it has obtained, and will maintain at its expense for the duration of this Agreement, statutory worker's compensation coverage, employer's liability and comprehensive general liability insurance coverage for its principals and employees for the services to be performed hereunder The comprehensive general liability insurance shall have a coverage limit of at least FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence, and ONE MILLION DOLLARS ($1,000,000 00) aggregate. The Contractor shall furnish copies of all insurance policies and/or certificates of insurance to the City at the time of execution of this Agreement Each policy shall include a provision to the effect that it shall not be subject to cancellation or reduction in the amounts of its liabilities, or any other material change, 4 ---PAGE BREAK--- until notice has been given in writing to the City not less than fifteen (15) days prior to such action. Contractor shall further cause the City to be named as an additional insured on all applicable insurance policies. Such insurance shall be issued by an insurance carrier licensed to do business in the state ofldaho. This Agreement shall be effective the day and year first above written. Contractor: CITY OF MOSCOW ATTEST 5 ---PAGE BREAK--- ACORD," CERTIFICA OF LIABILITY INSURANCE p menca emJca sers pp Jcators ssocmt10n, nc. Risk Retention "Purchasing Group" qualified under the Risk Retention Act of 1986; Federal Law 97-45 P.O. Box 520400 Salt Lake City, Utah 84 152-0400 ' NSY2sBph & Deborah Evans Shull Brothers Pest Control 3127 Carmichael Road Moscow, ID 83843 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURER A; INSURER 8: iNSURER C: iNSURER O· iNSURER E: NOTI{$m)5\!l#AAYI'Part of a 'M/\STEKGR01JJ>POLTCVISSUEDTOMEMB'ERS or the NortliA.mericaChemi<:aTUsers& Applicators·· AS_s_O-Ci:itiOri*TriC·.--A-RiSk RctCiitiOli--.-'PiiiCbiSiUg-GiiiUp,_,-----n authorized under tnel9'86FederaTLaw97>45,-mt1ie· - shife of Utah by Certain Underwriters afLToyds= on on. THE POL!CIES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA!D CLAIMS. iNSR TR TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL UABIUTY CLAIMS MADE OCCUR X · · Connnercial Liability MamiscripfF()riri X: t:J"L AGGREGATE LIMIT APPLIES PER POLICY j R Ef LOG AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS GARAGE LIABILITY ANY AUTO OCCUR CLAIMS MADE POLICY NUMBER LPC 0036 HP 01 1303 012 3/23/98 4/23/98 LIMITS EACH OCCURRENCE $ FIRE DAMAGE iny one Hre) S MED EXP {Any one perscn) PERSONAL & ADV !NJURY S GENERAL AGGREGATE S PRODUCTS · COMP:OP AGG S COtAB'iiEOSiHGLE LIMiT 2CCiG0ntl s EA ACC $ AGG $ DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION AND EMPLOYERS" LIABILITY E.L. EACH ACCIDENT E.L. DISEASE· EA EMPLOYEE S DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUS!ONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS Weed Control, Mowing & Raking, Extermination of Termites, Insects & Rodents., Tree Trinnning, Ferilizer Only, Tree Spraying, Right of Way Chemical Appl., Snow Removal, Lawn & Shrub Chemical A.ppl., Tree Injection, Shrub Planting, Core Aeration, Inspection Services Only(Real Estate Sales Contract Certification)Excluding Property Previously Treated CERTIFICATE HOLDER The City of Moscow c/o Chris P.O. Box 9203 Moscow, ID 83843 ACORD 25-S (7197) X ADDITIONAL INSURED, INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO"B THE EXPIRATION DATE THEREOF. THE !SSU!NG INSURER WILL ENDEAVOR TO MAIL DAYS WRmEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL I IMPOSE NO OBUGATION OR UAB!UTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ( REPRESENT A T!VES. \ AUTHOR!ZENTAT!VE - / / ..oCilie 'J?urchasing Group" A% ·!:CORD CORPORATION 1988