HomeMy WebLinkAboutJOSH LIVESTOCK - CONTRACT - AGREEMENT MISC - JOSH LIVESTOCKSERVICES 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 Josh Livestock, hereinafter referred to as "Service Provider".
W ITNESSETH:
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 one (1) page and
incorporated herein by this reference.
2. Contract Period. This Agreement shall commence May1, 2006, and shall continue in
full force and effect until December 31, 2006, 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 one (1) additional one year periods. Renewals and pricing changes shall be
negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the
Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall
be provided to the Service Provider and mailed no later than ninety (90) 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 fifteen (15) 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 fifteen (15) days prior to
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the termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to
the following addresses:
City:
Daylan Figgs, Sr Environmental Planner Land Manager
Natural Resources
City of Fort Collins
PO Box 580
Fort Collins, CO 80522
With Copy to:
Purchasing Division
City of Fort Collins
PO Box 580
Fort Collins, CO
Service Provider:
Josh Livestock
c/o John Bartmann
34469 WCR 25
Greeley, CO 80631
(970) 686-1226
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. Such payment shall be the Service Provider's sole right and
remedy for such termination.
5. Compensation: Compensation to Service Provider will be the value of the
forage.
6. 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.
7. 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 of Fort Collins. The
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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.
8. 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.
9. 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.
10. 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.
(c) Service Provider warrants all equipment, materials, labor and other worts,
provided under this Agreement, except City -furnished materials, equipment
and labor, against defects and nonconformances in design, materials and
workmanship/workwomanship for a period beginning with the start of the
work and ending twelve (12) months from and after final acceptance under
the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of
written notice from City of any such defect or nonconformances, the affected
item or part thereof shall be redesigned, repaired or replaced by Service
Provider in a manner and at a time acceptable to City.
11. 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.
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12. 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
himself 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.
13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties 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.
14. 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 B, consisting of one (1) page'[s],
attached hereto and incorporated herein by this reference. The Service Provider before
commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk
Management, 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.
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15. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
16. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. 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.
CITY OF FORT COLLINS, COLORADO
a municipal corporation Q
By:;
Jame B fO'Neill II, CPPO, FNIGP
Direct>r f Purchasing and Risk Management
Date:
Josh Livestock
By: Joe� -
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PRINT NAME
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Title
Date: t } - r•... i _ o L
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
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Exhibit A. Scope of Services:
Weed Control on Reservoir Ridge Natural Area, Cathy Fromme Prairie Natural Area,
Coyote Ridge Natural Area, Hazaleus Natural Area, Colina Mariposa Natural Area,
Maxwell, Bobcat Ridge Natural Area
Service Provider (Josh Livestock) at the direction of city will graze between 200 and 250
sheep for the purpose of weed control on the following properties:
Reservoir Ridge Natural Area
Cathy Fromme Prairie Natural Area
Coyote Ridge Natural Area
Hazaleus Natural Area
Colina Mariposa Natural Area
Maxwell
Bobcat Ridge Natural Area
If conditions warrant, properties may be added to the list or removed from the list at the
discretion of the City of Fort Collins Natural Areas. Changes to the list will occur after
consultation with Service Provider.
Grazing will take place in the period of time between April 15, 2006 and October 1,
2006. Grazing duration for each property will be established based on type of
vegetation to control, size of the area, water sources, and vegetation response to
grazing pressure.
Movement between Natural Areas will be the responsibility of Service Provider in
consultation with Natural Areas Staff. Traffic control, if needed, will be the responsibility
of Service Provider. If sheep are to cross private property, Service Provider is
responsible for making contact and getting permission.
A sheep herder will be present with the sheep at all times. Herding dogs will be limited
to 3 at any one time. Sheep will be penned at night in temporary corrals.
Water is to be provided by Service Provider. Natural Areas staff will assist as needed.
Movement of sheep will be coordinated with City of Fort Collins Natural Areas staff.
Staff will assist as needed in the movement of sheep.
Guard dogs will be allowed at Bobcat Ridge Natural Area.
The City of Fort Collins, Natural Areas will not be responsible for any loss of sheep or
for any damage caused by sheep.
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EXHIBIT B
INSURANCE REQUIREMENTS
1. 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, and
containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
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. 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 for any claims arising out of work performed under this
Agreement.
2. 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 insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and 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 each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor,
responsible for any liability directly or indirectly arising
this Agreement by a subcontractor, which liability is no
insurance.
the Service Provider shall be
out of the work performed under
t covered by the subcontractor's
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7501 E Lowry Blvd
P/NN/1 COL Denver, CO 80230-7006
ASSURANCE www.pinnacol.com
POLICY INFORMATION PAGE
POLICY #: 4019971
POLICY TYPE: ADVANCE
Date: January 24, 2006
ITEM 1. POLICYHOLDER: AGENT:
JOHN BARTMANN DBA JOSH LIVESTOCK FORSBERG ENGERMAN COMPANY
34469 WELD COUNTY ROAD 25 3575 SOUTH SHERMAN STREET
GREELEY CO 80631 ENGLEWOOD, CO 80113
(303) 762-1717
ST / 7.00
ITEM 2. POLICY PERIOD: FROM 01/01/2006 TO 01/01/2007
12:01 A.M. MOUNTAIN STANDARD TIME
ITEM 3. A. Workers' Compensation Insurance: Pan One of the policy applies to the workers'
compensation law of the states listed here:
COLORADO
B. Employers Liability Insurance: Part Two of the policy applies to work in each state
listed in Item 3 A. The limits of our liability under part two are:
BODILY INJURY BY ACCIDENT $100,000 EACH ACCIDENT
BODILY INJURY BY DISEASE $100,000 EACH EMPLOYEE
BODILY INJURY BY DISEASE $500,000 POLICY LIMIT
C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here:
NONE
(Please contact Pinnacol Assurance for information on coverage outside the stale of Colorado)
D. This policy includes the attached endorsements and schedules:
0404 Premium Credit Addendum
426 New/Pending Policy Rate Change
ITEM 4. We will determine the premium for this policy by our manuals of rules, classifications,
rates and rating plans. All information required below is subject to verification and change
by audit. The statements of estimated advanced premium are also a pan of this policy.
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