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HomeMy WebLinkAbout582114 VECTOR DISEASE CONTROL INTERNATIONAL LLC - CONTRACT - RFP - 9505 INTEGRATED PEST MANAGEMENT & MOSQUITO CONTROLOfficial Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 1 of 15 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and VECTOR DISEASE CONTROL INTERNATIONAL, LLC, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of five (5) page(s) and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence May 1, 2022 and shall continue in full force and effect until April 30, 2023, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 4. Early Termination by City/Notice. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective immediately when emailed or three business days from the date of the notice when mailed to the following addresses: Service Provider: City: Copy to: Vector Disease Control International, LLC Attn: Steven Pavlovich 318 N Garfield Ave. Loveland, CO 80537 spavlovich@vcdi.net City of Fort Collins Attn: Matt Parker PO Box 580 Fort Collins, CO 80522 mparker@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 2 of 15 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Compensation. The City shall pay the Service Provider for the performance of this Contr act, subject to additions and deletions provided herein, as per the attached Exhibit B, consisting of one (1) page, and incorporated herein by this reference. Invoices shall be emailed to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 6. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8 -186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful perform ance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 3 of 15 will be subject to inspection by the City to the same extent as the work of the Service Provider. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 10. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 11. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 12. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 15. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between term s of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 4 of 15 to bind such party to the terms of this Agreement. 16. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page, attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 18. Utilization by Other Agencies. The City reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Service Provider. The City’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 19. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 5 of 15 contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its vendors to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party vendors and their subcontractors at every tier. 20. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 21. Prohibition Against Employing Workers Without Authorization. Pursuant to Section 8-17.5- 101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1) Service Provider does not knowingly employ or contract with a worker without authorization who will perform work under this Agreement; and 2) Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the “e-Verify Program”) or the Department Program (the “Department Program”), an employment verification program established pursuant to Section 8- 17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Service Provider shall not knowingly employ or contract with a worker without authorization to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with a worker without authorization to perform work under this Agreement. c. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 6 of 15 this Agreement knowingly employs or contracts with a worker without authorization, Service Provider shall: 1) Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with a worker without authorization; and 2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with a worker without authorization; except that Service Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the “Department”) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider’s violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. 22. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. 23. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page, attached hereto, and incorporated herein by this reference. [Signature Page Follows] DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 7 of 15 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: VECTOR DISEASE CONTROL INTERNATIONAL, LLC By: Printed: Title: Date: DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B Steven Pavlovich Director of Operations 4/15/2022 Assistant City Attorney 4/19/2022 City Clerk Official Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 8 of 15 EXHIBIT A SCOPE OF SERVICES I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is engaging the Service Provider to provide various mosquito control services and related integrated pest management program services. B. Background The Service Provider will work closely with City staff to administer mosquito control services, perform data collection and reporting, and provide certain public relations functions. This program services a geographic area that includes the City and an appropriate buffer area surrounding the City, a map of which is included as Section III. The program area is estimated at approximately 109 square miles; however, the size and scope of the program may be subject to change throughout the term of the agreement. The City prefers that the Service Provider utilize an Integrated Pest Management approach to mosquito control. Additionally, preference will be given to Service Provider able to conduct aerial larvicide applications in specific difficult to access lands within the geographic service area. At the City’s sole discretion, the City reserves the right to contract with another Service Provider for aerial applications for wetland areas in excess of 5 acres. C. Utilization by Other Agencies Municipal agencies will often collaborate on competitive processes, with one agency serving as the facilitator. For this RFP, the City is the lead agency, and the cities of Brighton and Thornton may leverage this RFP process for services from the Service Provider. The Service Provider will honor the pricing provided to the City for these agencies. However, nothing in this option for utilization by other agencies shall be deemed as authorization for any of the named agencies to act as an agent for the City in connection to this RFP and subsequent Agreement, and neither party shall have the right or authority to assume or create any obligation or responsibility on behalf of the other. The other agencies shall be solely responsible for any debts, liabilities, claims or expenses incurred in connect with any agreement/purchase established between them and the Service Provider. II. SCOPE OF PROPOSAL A. Scope of Work 1. Survey & Mapping Services 1.1. Survey land within the larval control area (approximately 109 square miles) to identify and map mosquito breeding sites. 1.2. Develop and maintain mosquito control service and maintain related information in Geographic Information System (GIS) form. 1.3. Provide GIS maps indicating mosquito breeding sites and larval control activity. DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 9 of 15 2. Mosquito Breeding Site Inspection & Larvicide Services 2.1. Inspect Mosquito breeding sites with appropriate frequency to determine the need to apply larvicide to control mosquitoes. 2.2. Apply larvicide as needed through the mosquito control season. The City expects that approximately 2000 acres within the larval control area will require application of larvicide on an on-going basis throughout the mosquito control season. Larvicide treatments may be applied through a variety of appropriate methods. 2.3. Provide periodic follow-up inspections of larvicide applications to ensure quality control. 2.4. The site inspection and larvicide season will begin and end as determined by weather patterns and mosquito biology, but generally will begin around mid-May and will terminate around mid-September each year. 3. Adult Mosquito Surveillance Services 3.1. Design and conduct an on-going mosquito surveillance program utilizing Center for Disease Control (CDC) Light Trapping and Reiter Gravid Trapping methods. 3.2. Provide Laboratory Species Identification services. 3.3. Provide mosquito samples to the State and/or Colorado State University (CSU) for W est Nile Virus (WNV) testing as necessary. 3.4. The mosquito trapping and testing season will begin and end as determined by weather patterns and mosquito biology, but generally will begin around mid-June and will terminate around mid-September each year. 3.5. Trap quantities and locations may change during the contract term, pricing should reflect per trap night rates. 3.6. Upon request from City staff, incorporate additional surveillance and reporting methods to track the presence and abundance of mosquito species associated with Zika virus. 4. Public Relations & Education Services 4.1. Accept calls from the general public regarding possible mosquito breeding site locations and mosquito control services and address general issues on an on- going basis. 4.2. Provide information to the news media regarding the mosquito control issues as requested and approved by the City. 4.3. Provide a minnow program as a non-pesticide larva control option for ornamental ponds. 4.4. Conduct on-site inspection and consultation for public Backyard Inspection program. 4.5. Conduct on-site inspection and consultation services to businesses seeking registration in the Adult Mosquito Treatment Business Opt-Out program. 4.6. Provide technical expertise during off-season meetings with the Technical Advisory Committee and/or public meetings. DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 10 of 15 5. Reports 5.1. Provide the City with on-going status reports including: 5.1.1. Weekly surveillance trap reports including trap counts; 5.1.2. Monthly larvicide activity reports; 5.1.3. Monthly telephone call log reports; and 5.1.4. Monthly summary reports 5.2. Provide the City with an Annual Report summarizing the mosquito control program activity for the year at the conclusion of the mosquito control season 5.3. Provide the City with an annual report detailing the GPS locations of the larval sites. 5.4. Provide the City with an annual report detailing the location of the surveillance network including GPS locations and a physical description. 6. Project Success Metrics 6.1 Measurement of the success of the WNV Program is reported to City leadership quarterly and centers on the percentage of larval treatments conducted via mineral oil. Mineral oil application indicates a less than timely treatment. Monthly and annual reports must highlight the percentage of mineral oil treatments with a target percentage below 5%. 7. Public Health Emergency Adulticide Services 7.1. Demonstrate the capacity to provide Public Health Emergency Truck-based Ultra Low Volume (ULV) Adulticide and any required safety related escort provisions, in the event such services are required, as determined by the City. 7.2. The Service Provider must contract with a security provider to provide escort services during adulticide applications, if needed. B. Minimum Qualifications The Service Provider must be licensed to provide Public Health Mosquito control services in the State of Colorado and maintain such licensing throughout the life of this Agreement. C. Subcontractors/Subconsultants Service Provider does not intend to utilize any subcontractors/subconsultants. D. Current standards All work and/or materials must meet current standards in force by recognized technical and professional societies, trade and materials supply associations, institutes and organizations, bureaus and testing laboratories, and national, federal, state, county, and local laws, codes and ordinances. E. Fees, Licenses, Permits The Service Provider shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 11 of 15 properly licensed and insured, carry the appropriate permits and be placarded as required by law. F. Laws and Regulations The Service Provider agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). G. Invoicing and Payment Invoices should be emailed monthly to invoices@fcgov.com with a copy to the Project Manager. The cost of the work completed shall be paid to the Service Provider each month following the submittal of a correct invoice by the Service Provider indicating the project name, Purchase Order number, task description, hours worked, personnel/work type category, hourly rate for each employee/work type category, date of the work performed specific to the task, percentage of that work that has been completed by task, 3rd party supporting documentation with the same detail and a brief progress report. Payments will be made using the prices stated in the Agreement. In the event a service is requested which is not stated in the Agreement, the Service Provider and the City will negotiate an appropriate unit price for the service prior to the Service Provider initiating such work. The City pays invoices on Net 30 terms. H. COVID-19 Compliance The Service Provider and its subcontractors/consultants shall comply with all state, county, and local laws, ordinances, and public health orders established to reduce the spread of COVID-19, as applicable. The Service Provider shall ensure employees and subcontractors/subconsultants with COVID-19 symptoms do not report to the job site. Service Provider must organize work to ensure individuals minimize contact and maximize social distancing. Individuals must wear all standard worksite personal protective equipment (PPE). In addition, individuals should wear a mask or cloth face covering consistent with local public health recommendations and other applicable safety requirements. DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 12 of 15 III. CITY OF FORT COLLINS - LARVAL MOSQUITO CONTROL BOUNDARY DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 13 of 15 EXHIBIT B COMPENSATION The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. Pricing includes all labor, insecticides, vehicles, equipment, liability/auto/workers comp. insurance coverage, administrative support, and overhead expenses. The City of Fort Collins Integrated Mosquito Management Program Services Service Hourly Price Extended Price Program Maintenance and Management $61.50 $13,038.00 GIS/GPS Survey and Mapping Services $47.25 $3,213.00 Larval Mosquito Site Inspection and Control Services Inspections of all Habitat types with GIS Mapping (Daily) Source Reduction (as appropriate) Larvicide Applications (daily as needed) Quality Control Inspections $33.75 $194,400.00 Adult Mosquito Surveillance Services CDC Miniature Light Traps (weekly) Gravid Traps (weekly) Mosquito Identification and Disease Testing Submission $90.00/trap night $71,550.00 Public Relations and Education Services MosquitoLine Call Response Media Correspondence Fish Program Backyard Inspection Program TAC Meetings and Public Education Programs $31.50 $17,010.00 Reporting and Database Management $35.00 $2,100.00 Public Health Emergency ULV Ground Adulticiding Services $85.00/spray mile 2022 TOTAL ANNUAL PROGRAM COST $ 301,311.00 OPTIONAL AERIAL LARVICIDE SERVICES Service Provider can provide aerial larvicide application services for the City of Fort Collins either through the use of our own fleet of fixed‐wing aircraft and drones, or by subcontracting these services to a local aerial applicator. It is likely that subcontracting these services may be the most cost‐effective option for the City, and Service Provider can research this option and provide subcontractor pricing at the City’s request. Cost for Aerial Larvicide Services using VDCI’s fixed‐wing aircraft and personnel: Mobilization Fee per mission $2,750.00 Price per acre ‐ Fixed Wing $8.50 + product cost Minimum acres per mission – Fixed Wing 300 Price Per Acre – Drone $28.95 + product cost Minimum acres per mission – Drone 50 DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 14 of 15 EXHIBIT C INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B Official Purchasing Document Last updated 10/27/2021 Services Agreement 9505 Integrated Pest Management & Mosquito Control Services Page 15 of 15 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 4/14/2022 Edgewood Partners Insurance Center 5909 Peachtree Dunwoody Road Suite 800 Atlanta GA 30328 Certificate Unit 404-781-1700 certificate@epicbrokers.com ACE American Insurance Company 22667 RENTOKI-01 ACE Property &Casualty Insurance Company 20699VectorDiseaseControlInternational,LLC. Rentokil North America,Inc.(REN461) 1320 Brookwood Drive,Suite H Little Rock AR 72202-4412 Arch Insurance Company 11150 Arch Indemnity Insurance Company 30830 Interstate Fire &Casualty Company 22829 National Union Fire Insurance Company of Pittsburg 19445 1968753883 A X 5,000,000 X 5,000,000 5,000 5,000,000 5,000,000 X X X OGLG27240331 10/1/2021 10/1/2022 5,000,000 C C 2,000,000 X 31CAB1044401 31CAB1044501 10/1/2021 10/1/2021 10/1/2022 10/1/2022 B X 5,000,000XOOG2723942010/1/2021 10/1/2022 5,000,000 X 10,000 C D X N 31WCI1044201 34WCI1044301 10/1/2021 10/1/2021 10/1/2022 10/1/2022 2,000,000 2,000,000 2,000,000 E F CPL (Excluding Aerial Ops) Aviation Liability/Chemical Drift N N N N USL01372121 AV 035823154-12 10/1/2021 10/1/2021 10/1/2022 10/1/2022 Ea Incident/Aggregate Each Occurrence $5,000,000 $10M/$1M ($4M-Agg) CPL =Contractor's Pollution Liability City of Fort Collins,its officers,agents and employees,to the extent required by written contract are additional insured on a primary and non-contributory basis with respect to general liability and auto liability.30-day notice of cancellation,except 10 days for non-payment of premium,applies to the extent required by written contract. City of Fort Collins P.O.Box 580 Fort Collins CO 80522 THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE DocuSign Envelope ID: D59808AA-25E2-4BD9-B781-3672474B877B