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AGREEMENT FOR SPRAYING SERVICES (WEED SPRAY) This Agreement, entered into this 6th day of M_A_Y , 1991, 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: a) Noxious weed control as needed on city right-of-ways and in alleys. b) Maintain bare ground weed control from asphalt to the water line of ditches or creeks on all streets without curbs such as White Ave., Mt. View, East F St., Public Ave., where drainage allows. c) AGREEMENT; Page 1 Curb edge weed control to include both curb-to-asphalt and curb-to-sidewalk as needed throughout the city. ---PAGE BREAK--- 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, 1991 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, 1991. 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; Lcfif Paul c. AgidiMayor ATTEST: Elaine Ru, City Clerk CONTRACTOR: AGREEMENT; Page 3