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AGREEMENT FOR WEED SPRAYING SERVICES This Agreement, entered into this day of March , 1996, 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 determined that it is in the public interest to control and eradicate harmful weeds upon city property and right of way; and WHEREAS, the City desires to retain a Contractor to perform weed spraying services upon city property and right 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 right-of-ways and in alleys. AGREEMENT PAGE I 96-14 ---PAGE BREAK--- 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. 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 l, 1996 and are subject to retreatment as required to maintain control throughout the season. ARTICLE IV CHEMICALS The Contractor shall, during the tenns of this Agreement: a. The Contractor agrees that all work perfonned shall be perfonned 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 !Vb.) 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. Avoid 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. AGREEMENT PAGE2 ---PAGE BREAK--- ARTICLE VI COMPENSATION The City shall pay to Contractor the sum of SEVEN THOUSAND ONE HUNDRED DOLLARS 100.00) for services to be performed pursuant to this Agreement. This sum shall be paid in five equal payments of $1 ,420.00. Each payment shall be made only upon review and approval by the City Street Superintendent of the work performed. Such payments shall commence on May 15, 1996. 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, and 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 if this Agreement in accordance with applicable federal, state, city and local laws statues and regulations and further agrees to indemnifY and hold the City harmless from any liability resulting from the use, handling, storage or disposal of toxic substances. AGREEMENT PAGE3 ---PAGE BREAK--- 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. 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 of Idaho, 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 indenmity, 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. AGREEMENT PAGE4 ---PAGE BREAK--- 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, at a minimum, a coverage limit of at least FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) per occurrence, and ONE MILLION DOLLARS ,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, until notice has been given in writing to the City not less than 15 days prior to such action. Contractor shal 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 above written. Contractor: City OF MOSCOW; agreementlweedspraldm AGREEMENT PAGE5 ---PAGE BREAK--- INSURI!D .Joseph & Debomh Evans Shull Brothers Pest Control 3127 Carmi<'hael Road Moscow, ID 83843 ]i,l-fCQM!;ERC!AL GENE_Mj.. _ _).IASA.m' AUTOMOBH.E UAIK.ITY ANVAUTO , ALLOWNEDAUTOS 0 SCHEDI.U:O AUTOS OCCUR WOftKIM OOUPINIAnoN AND EMJtLOVIRI' L.!AIK.ITV LPC 0004 HP 1302 026 04-ll-96 04-ll-97 • • • is hN·eby listC'd as add insm·ed, Soley as to liability ar·ising out of the or on behalf of the nPr: l'•·evioush· :rreated, . ExfeJ·mmatJon of Temntes, Insects & Hodents., Lawn & Sht·ubs, eed Contml, Fetid !let· Onlv, of\vav, -towing & Raking, Core Ae1·ation, Tr·ee Spraying, Snow Removal, Tn•-e Tl'imming, Tl"ee Injedion - The City of Moscow Attn: Elaine Hussell City Hall $1400\.0 ANY OF THE A80V! DESCR18ED POUCl£8 8£ CANCaLI.aD HFOM THE EXPIRATION OAT£ Tl1£AE01, THE l$$UINO COMPANY WlLL ďWif{f9 MAlt. DAYS WRI'TT!N NOTICE TO THE! C!FITlf!CATi HOLDER NAMED TO TH! X.'IIT\flri.,>,Q'W.j"""")(Joi>'lJeeds perform valuable functions which I feel is desirable. This was personally explained to the complainant in some detail. The other ---PAGE BREAK--- PHONE 882-3332 Shull Brothers INSECT. WEED AND RODENT CONTROL L:\NDSCAPE 1·1AINTEN:\NCE PRUNING- SNOW RH10VAL P 0 Box 8668 MOSCOW. IDAHO 83843 incident is one I very much regret and is a first. I applied a herbicide to a City right-of-way en City property in front of a resider.:ce \,.rhich happened to be on the "no spray11 list. It has been my custom to divide the town into small sections and ''scope out11 these addresses before any application is made. This I did do. However, a combination of factors, including using an inex- perienced driver, working this section of town in a different patter!l, and being preoccupied v:ith a 11 spot11 application led me to err. I apologized to the lady, reported the incident to the Street Department before noon. The incident occurred approximately mid-morning. AIMS AND GOALS- By and large, we are achieving what we set out to do in most aspects of this program. Kochia is definitely a problem when and where it grows. It is an annual weed with several "flushes" of germination per year. It also matures very rapidly and becomes Seeing a mature plant and noticing its similarity to a Christmas tree almost gives me the urge to break out some ornaments and decorate it. Seriously though, I do feel we need to give kochia more attention. ---PAGE BREAK--- PHONE 882-3332 Shull Brothers INSECT. WEED AND RODENT CONTROL LANDSCAPE HAINTEN.ANCE PRUNING- SNOW REHOVAL P 0 Box 8668 MOSCOW. IDAHO 83843 I may have stated it before, but our weakest area is definitely in the section labeled 11street cracks". I can make it safe, I can make it affordable, I can keep Ōeeds from getting totally out of hand, but I see more weeds than what I feel modern technology should permit. In the short term, I do not anticipate any great improvement, but I 1 m hoping the long term will see advancements which will give a level of control that I can truly be happy with. ---PAGE BREAK--- :'\OTIC£ TO .\IOSCO\V RESIDE:'\TS Beginning on \pril-1, l'!CJ-1, Shull Inc., "ill be o;pr:i\inz weeds according to the CitY uf .\loscow Street .,;ced , - ' .s::prJying contr:Jct. This spr:1yir]g \\ill continue throughout the spring ¨:nd ľun1rncr sc15:ons 2s needed. Spraying is a rnJjor n;ctl:od trolling n OLF \\(·eels. IIcrhicidc . J . 1 - ' ! ' ! l l ú . ;s spr:1ycc Jn street. strc·cr cr:lcr:s. :1JiC}S. :J.J()ll:2, cur