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AGREEMENT FOR SPRAYING SERVICES (WEED SPRAY) This Agreement, entered into this 2nd day of March, 1993, 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 servicesj and, WHEREAS, the CITY has determined that the CONTRACTOR is qualified to provide the desired weed controlj 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: a) Noxious weed control as needed on city right-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 6 feet from the edge of the pavement. AGREEMENTj Page 1 ---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 $1180.00 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 AGREEMENT; Page 2 ---PAGE BREAK--- paragraph 2) must be made by the Street Superintendent. 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 by the January 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 minimum amount of $500,000 per occurrence and $1,000,000 aggregate. Such insurance shall be in effect for the duration of this agreement and a copy of said insurance (or binder) shall be provided to the CITY. CONTRACTOR'S insurance company shall notify CITY in the event that said insurance is canceled or lapses prior to the termination date of this agreement. This Agreement shall be effective the day and year first above written. CITY OF MOSCOW; ATTEST: Elaine Ru City Clerk CONTRACTOR: AGREEMENT; Page 3 ---PAGE BREAK--- CERTIFICATr F INSURANCE ISSUE DATE (MM/DD/YY) April 29, 1993 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTE R OF INFORMATION ONLY AND North America Chemical Users CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE & Applicators ASSOC. Inc. 1 A DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Risk Retention "Purchasing Group qualified under the Risk Retention Act of 1986; Federal Law 97.45 P. o. Box 520400 Salt Lake City, Utah 84152-0400 COMPANIES AFFORDING COVERAGE INSURED COMPANY B LETTER NOTICE: Coverage is being provided as part of a MASTER GROUP POLICY ISSUED TO MEMBERS of the North America Chemical Users & Appl.Assoc. Inc., A Risk Retention "Purchasing Group" authorized under the Risk Retention Act of 1986; Federal Law 97.45, in the State of Utah, issued by Homestead Insurance Company (PA). Joseph & Deborah Evans Shull Brothers Pest COntrol 3127 Carmichael Road Moscow, ID 83843 COMPANY D LETTER COVERAGES co LTR 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, TEAM 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. TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DDIYYl LIMITS GENERAL AGGREGATE ssoo I OOOCSL PRODUCTS·COMP/OP AGG. S CLAIMS MADE OCCUR. CGL 04 7 0 4-29-93 4-11-94 PERSONAL&ADV.INJURY S OWNER'S & CONTRACTOR'S PROT. X Standard Cov. Form I AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON·OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY HP 1303 032 "LIMITS SHQ\AfN ARE THOSE IN E::F; f'T or- POLICY INCEr'l1UN" EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ COMBINED SINGLE $ LIMIT BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT $ DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ oniER The City of Moscow is hereby listed as additional insured, arising out of the services and operations agreed to be performed by or on behalf of the Participating Member. soley as respects to liabilit\ for such additional insured I Mowl.ng & RaKl.ng I Tree Sprayl.ng I Rl.ght or Wa Service, Tree Trimming, Extermination of Insects & Rodents, Fumigatio Buildings, Landscaping (EXC-XCU), Snow Removal, Inspection Services Only (Rea estate sales contract certification ) Excluding property previously treated CERTIFICATE HOLDER CANCELLATION City of Moscow City Hall Moscow, ID 83843 ACORD 25-S (7/90) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL NO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE . - (__11M0t_) LACORD CORPORATION 1990 MI