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Home My WebLink About297024 COLORADO MOSQUITO CONTROL INC - CONTRACT - RFP - 7351 INTEGRATED PEST MANAGEMENT MOSQUITO CONTROL SSERVICES 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 COLORADO MOSQUITO CONTROL, INC., 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 three (3) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence May 8, 2012, and shall continue in full force and effect until May 7, 2013, 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. 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. Services Agreement 7351 Integrated Pest Management Mosquito Control Services 2012 1 of 13 3. Adult Mosquito Surveillance Services. 3.1. Design and conduct an on -going mosquito surveillance program utilizing CDC Light Trapping and Reiter Gravid Trapping methods. 3.2. Provide Laboratory Species Identification services. 3.3. Provide mosquito samples to State and/or CDC for WNV testing as necessary. 3.4. The surveillance season will begin June 1st and will terminate on August 31t of each year or as directed by City Representative. 4. Public Relations & Education Services 4.1. Accept calls from the general public regarding possible mosquito breeding site locations and mosquito control services and issues in general on an on -going basis. 4.2. Provide information to the news media regarding the mosquito control issues as appropriate. 4.3. Provide a minnow program as a non pesticide larva control option for ornamental ponds. 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. Larviciding activity reports, and , 5.1.3. Telephone Call log reports. 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. 6. Public Health Emergency Adulticiding Services 6.1. Demonstrate the capacity to provide Public Health Emergency Truck -based ULV Adulticiding, in the event such services are required, as determined by City. 7. Compliance Proof 7.1 The Service Provider will meet all Federal, State and Local requirements for the storage, transport, dispensing and disposal of all products, including pesticides used in the City of Fort Collins Mosquito Management Program. All activities, methods and materials utilized in the execution of the City of Fort Collins Mosquito Control Program will be consistent and compliant with, and sanctioned by the Environmental Protection Agency (EPA), the Center for Disease Control (CDC), the United States Department of Agriculture (USDA), the Colorado Department of Agriculture (CDOA), the Colorado Pesticide Applicators Act (CPAA), the Colorado Consumer Protections Act (CCPA) and the American Mosquito Control Association (AMCA). Services Agreement 7351 Integrated Pest Management Mosquito Control Services 2012 10 of 13 EXHIBIT "B" PRICING SCHEDULE Service Provider Pricing listed below shall remain fixed for five (5) years. Integrated Pest Management (IPM) Program Cost: $157,775.00 (Excludes CDC & Gravid Trap Operations, see below) includes all equipment, vehicles, pesticide products, labor, and insurance. Projected CDC and Gravid Trapping Operations Cost: $36,373.50 (In addition to above full IPM program cost) includes all equipment, dry ice, baits, vehicles, labor, shipping, insurance and reporting. Projected cost based on 2011 numbers; 48 traps (43 CDC Light Traps & 5 Reiter Gravid Traps), 531 trap nights (483 CDC+48 Gravid) X $68.50/trap/night. Public Health Emergency Surveillance & Adulticiding Services At the request of the City, and in consultation with LCDHE, CDPHE and CDC -Fort Collins, Service Provider will provide the following o tp ional Public Health Emergency Services. Since this program is based on IPM methods and is targeted exclusively toward larval mosquito control with adult mosquito surveillance via CDC Light traps and Reiter Gravid traps, and does not include any routine or on -going adulticide spray applications. Ground -based truck ULV Adulticide Application Cost per linear spray route mile: $61.00 Cost includes all equipment, vehicles, pesticide products, labor, and liability insurance. Upon request and at an additional cost, for large scale adult mosquito control, Service Provider will apply AquaLuer synthetic pyrethroid insecticides (permethrin). These products offer a very low toxicity, low odor, rapid biodegradation, and excellent mosquito mortality. This material will be applied along designated roads, streets and off -road areas using the ultra -low -volume (ULV) technique at 8.0 ounces per minute at 10mph vehicle speed and in strict compliance with the label and all U.S. EPA, Colorado Dept. of Agriculture, and Colorado Dept. of Public Health regulations. Aerial ULV Adulticide Application via Fixed -Wing or Rotary -wing Aircraft Cost per Aerial Application: TBD as requested Upon request and at an additional cost, emergency aerial ULV mosquito adulticide application services are available through Service Provider and would be sub -contracted by a licensed, experienced and insured aerial application service in accordance with all state and federal requirements. Service Provider would oversee and direct such applications. Prices would be subject to the size of the designated spray area, application material selected and current applicator pricing._ Services Agreement 7351 Integrated Pest Management Mosquito Control Services 2012 11 of 13 Additional CDC Light Trap and/or Reiter Gravid Trap Surveillance Cost per trap/night: $68.50 Cost includes all equipment, dry ice, vehicles, labor, shipping and reporting. Upon request, Service Provider will operate additional CDC light traps and/or Reiter gravid traps for expanded adult mosquito and disease vector mosquito surveillance within the City of Fort Collins. Identification of the trapped mosquitoes will be done the following day after the mosquitoes are returned to the lab and killed. The trapped mosquitoes will be counted and identified to the following species; Culex tarsalis, Culex pipiens, Aedes/Ochlerotatus species. Services Agreement 7351 Integrated Pest Management Mosquito Control Services 2012 12 of 13 EXHIBIT "C" 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, 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. Services Agreement 7351 Integrated Pest Management Mosquito Control Services 2012 13 of 13 la o CERTIFICATE OF LIABILITY INSURANCE DATE �i of/os/zolz 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. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must 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). PRODUCER ICONTACT Weisburger Insurance Brokerage DIV.OF PROGRAM BROKERAGE CORPORATION 333 Westchester Avenue Suite E-102 White Plains NY 10604 INSURED Advanced Peet Management of CO, Inc. d/b/a Colorado Mosquito Control, Inc. Advanced Peet Mgmnt of Co Inc 695 North 7th Avenue Brighton, CO 80601 COVERAGES CFRTIFIr:ATF NI IMRFR VNURr VAX (ALC. No. Evi:_—_..— __. _.... _—...._. ..... _ _ . _ _:. (AIC, No):_ E-MAIL ADDRESS: PRODUCER _ ._ __ CUSTOMER IDA: 87297 INSURER(S) AFFORDING COVERAGE NAIC a INSURER A: 9tarNet Ins. 140045 INSURER a: INSURER C : INSURER 0: INSURER E 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. INSR - _AOOL SUER] j _ _ __ _.__._...... LTR I TYPE OF INSURANCE I POLICY NUMBER MMIDDIYYYY MMIDDIYYYY I LIMITS A GENERAL LIABILITY PSP000004008 01/01/2012 01/Ol/2013 EACH OCCURRENCE S 2,000,000 E I COMMERCIAL GENERALLIABILITY DAMAGE TO RENTED 100000 CLAIMS MADE �E IOCCUR PREMISES E. occurrence) _ $ C MED ExP (Anyo p ) g 5000 Ir PERSONALfl ADV IWIIRY $ 2000000 - ----- — --- GENERAL AGGREGATE_ $ 2000000 GENT. AGGREGATE LIMIT APPLIES PER __ __ PRODUCTS ACG $ 2000000 E_ POLICY PRO- LOC _—.. .__.__._..___ . —__ $ . _.. _ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea acciaon0 _ BODILY IWURY(Per rwr i) $ ALL OWNED AUTOS BODILY INJURY (Per ecndcrn) S SCHEDULED AUTOS _..'...__ YD (PI S HIRED AUTOS accide t)MIAGE — NON -OWNED AUTOS .._..__. I S MBRELLA LIAB OCCUR EACH OCCURRENCES 4 XCESS LIAB CLAIMSMADEAGGREGATE IS ....,_--_--_. . RRETEWION EDUCTIBLE I a $ WORKERS COMPENSATION WC STAID OTkI-I AND EMPLOYERS' LIABILITY / 'TORYLIMITS� LR_I_ ANY PROPRIETORIPARTNER]EXECUTIVE : OFFICERIMEMBER EXCLUDED' ❑ ] NIA_ EACI I ACCIDENT I S - r_�IEET. (Mandatory In NH) If yes doscr en,nder . DISEASE - LA FMPI Ot F:E S .- i. _ DESCRIPTION OFOPERATIONS UeIaw DISEASE-IY)I.ICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES Adach ACORD 101, AddWanal Remerka Schedule. If mare apace If r Iredl THE CERTIFICATE HOLDER IS ADDITIONAL INSURED WITH RESPECT TO GENERAL LIABILII AND PEST CONTROL 999VICES PERFORMED BY THE ABOVE NAMED INSURED (ATINA) City of Ft. Collins James B. O'Neill, Purchasing Director 215 N. Mason St. P.O. Box 580 ACORD 25 (2009109) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. '+ AUTHORIZED REPRESENTATIVE Weisburger Insurance Brokerage (c71988-2009 ACORn C171IRPr1RATION All rinhla roccrvad The ACORD name and logo are registered marks of ACORD DSB6104588 COIk2 A✓ d CERTIFICATE OF LIABILITY INSURANCE-avo7M12 THm CERTIFICATE IS ISSUED AS A NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTRCATE HOLDER. T1eS CERTMCATE DOES NOT AFFNIMATIVELY OR NEGAT VELY AMIENO, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLN' BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S7, AUTNOF4ZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER 105RFANT: M th wBRcwb Raider ban A66ii10NAL INSURED. Us pDlley(ir) moat 6a elldwead. N SUBROGATION IS WAIVED. wtaljw: fo tls lens " wldKkm M the PC". Olen pdicMe n W nqW an 9-4—ensld. A abdx nwd m "'Is IWOR01 der nat wNag ngh" tp tlr Doris SD'pech'S State Fan l Insurance- 81 DO Ralston Rd.. Suite 131 W7 303_4Zt_. I—.�uti6w°1�D1 A24-5—_ Arvada, Co. 80002 a _. --- -tua ARoamle mu[NAaL _ � Z wale* A�Fsm MAIN Aubng6b llo+' rn Carte �-261Ti — "s"s9 Advanced Pest Management Inc-- DRA Colorado Mosquito Control`=------- 695 N 7th Ave Brighton, Co. 80601-1559 COVERAGES CERTIFICATE rlllaR3 : .._.._._.. .._.__ 1HL5 m TO CERRFY THAT THE POLICIES OF MSURANCE LISTED eEEOW HAVC BEEN ISSUED TO THE INSURED NNACD AeOVE FOR TILE POLICY PEPoOD LICIE INDKC :TEO. NO1VA11LSTANDING ANY REOUBI9VENT, TERN OR CONOMON Of ANY CONIRACT M OTHER DOCUMENT YATH RESPECT TO ANKH THIS CERTFICATE MAY BE LSBUEO OR NAY PERTAIN, THE INSURANCE AFFORDED BY THE P jMFS DESCRIBED HEREIN IS SUBJECT TO ALL. THE iCRNS. AND COWMIDNS OF SUCH POLIM& LaATS SHONN MAY HAVE BEEN REDUCED NY PN�D_C{ �S. - tlnl rna a NwwAw� a at}p1AL LYvaY EA^✓I OCGNRENLY c—a1wD+au DENe+AL {Aeon - ) w[o rJu+l meo�.o=1 14 —.— PED NNINJI T£NF:pµ p(f{iCOAIt Jr t PR0011GT5-:FYP.OPIlSG —___ _ OEM MdC(L_-T1F WFI MPILS/'Ew PA-A.y 1 lIX: AwtaIORL LAmfT — WCXYIHJURYry N ) A F601583-001-06L-= OSb1/1011 D&KHM12 _t I ANrruro AEt (XRED x RfY1EOOLFD Avics wxaa�owsD NNEDALY. M os y ._. _ — — NILYLr TE8T96"ADFG['-- { u{saaA Lae EN�IouxFeRErxr t .___..—__ Acura=cNE tYHaIJAB acOw cualsawE 1 .__.—___ LED RETENNCNa YIC ATLL n NPYEJq ti]YBNAT{aX MDBlIOH9d'lYldfh' YIN .VIY pB[{rlETgiYAl1I1lR.E%EnIRVE ��A�®I ❑MIA EL EKII KSJLENT t ____ El [ISEA6E-[w F1YAOYf. EL nS4A$E-IO M.Y IPYI { /rYNyY Y11 •p GVYul� DOLlY11W160PHe111-'tOl{AC1nKW / VORED ANM ANND lel A4aler� Ilvb 6tlIW4! d� ¢aw �b City of Fort Collins, 215 North Mason St Attn: Purchasing PO BOX ISM, FL Collins, Co. 80522 — m tom..... 1 SHOULD ANY OF 1 THE �TNIN 0198 DESCRIBED POI s BE CANCELLED BEFORE IEaEDF. NOME VIBL BE DElnEBED OI ID01486 132849.5 11-15.2010 CERTIFICATE OF LIABILITY INSURANCE I_::�•. Pin r, aco, ass,, ranee THIS CER T'cl^.P.l'E SISSUED :,..AMAT;EK O(I^,P-CR.L P,ION ONLY �'501 e Lowry 61vd AND CONFERS NO RIGHTS UPON THE CE,R'i'FiC.A fE H'"LbER. THIS i;e,.vrt. C'O 80'3C-7006 CERTIFICATE DOES NOT AMEND, EXT END OP �,t. TER T He COVERAGE AFFORDED BYTHE PO',!, -,!ES BEi",V) INSURER_ S AFFORDING COVERAGE .. - "�_ A-surancn a1�90-,-- .. 'Cedrest Managelnentcl Cob,aawrc .>'innaccl _ - -- - re.rin 7tit Avenue- [(. C080501 — __._ —_- .__ caVFJIAGES ,: y+(i jUES OF IN3C RANGE LIST ED B..LC.. Hn', E 9EEh ISCUFC TO1 NE POR' HE PCi , f'r.RIOD INDICATEC. Nli n., sN^NU D!{Y flEOUIREMENT TERM OR tONa?'ION OF ANY CONTRACT OR OTHER. DOCUMMENi WITH RF.SPEG. TO UVi{;CH TH:S CERTIFICATE Ill SSUED OF' IIA( PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESORIBED HEREIN IS SULJEO' 10 ALL THE TERPAS. EXCLUSIONS ,AND CONUIISUNY CF SUCH !LIES. LIMITS SHOWN M.A)' HAVE BEEN REDUCEC BY PAID CLAIMS. _ i ;. r of FJ._I _I __9F11 I I I I r r Al U481LrtY "VVINF-1 PWAE IN R . IF CIL f '-[„ LI aco I_.ir. I r: L KELI,A L I Ie __. WUNX(PSNf?_M�nvA ANO a E ET 3aadlaz aanuzdlrz .... I I r _ L xb'.I:El -cL) .—.. F I I I I CEECRIPTCnI OF CPE'RATIONS/l C`.^. A.T;OI IS,NEMCIE+r S::1.! IfiIOIVY ADDED flY ENOORSF A9EttBtl PECIPI Ill RT!FICAIE HOLDER :7035 l' OF FORT COLI.INS ',',NORTH MASON ST!iEET ;(?I� r COLLINS, CO 80522 aCORD 2512001i08j CANCELLATION SHOULD ANY OF THE ABOVE DESCR18ED POLICIES BE Cn'aCC.i rJ BEFOnE THE EXPIRATION DATE THEREOF. THE ISSIJIN[' COMPAN'i NiLL ENDEAVOR MA!L 0 DAYS WR!TT EN NOTICE TO THE CiP T IFICATE 1-0! DER NAMED 1,' '(HE LEFT, B'JT FAILURE TO MAIL SUCH NOTICENO OEUI:;A'!ON O� LIABIL!T' OF ANY KIND UPON THE COWAN',, ITS AGENTS OR AUTHORIZED REPRESF.NYA'fiVE Charles Dcr3 tt IUnderrritet ACORD CORPORATION 1588 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 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: Copy to: Service Provider: City of Fort Collins City of Fort Collins Colorado Mosquito Control, Inc. Attn: Purchasing Dept. Attn: Mike Calhoon (Parks) Attn: Michael McGinnis PO Box 580 PO Box 580 695 North 71" Ave. Fort Collins, CO 80522 Fort Collins, CO 80522 Brighton, CO 80601 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. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, according to the Price Schedule attached hereto as Exhibit "B", consisting of two (2) pages, and incorporated herein by this reference. 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 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. Services Agreement 7351 Integrated Pest Management Mosquito Control Services 2012 2 of 13 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 work, 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. Services Agreement 7351 Integrated Pest Management Mosquito Control Services 2012 3 of 13 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. 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 Services Agreement 7351 Integrated Pest Management Mosquito Control Services 2012 4 of 13 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 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. 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. 17. Prohibition Aoainst Employing Illegal Aliens. 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 an illegal alien 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. Services Agreement 7351 Integrated Pest Management Mosquito Control Services 2012 5 of 13 b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien 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 this Agreement knowingly employs or contracts with an illegal alien, 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 an illegal alien; 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 the illegal alien; 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 an illegal alien. 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. Services Agreement 7351 Integrated Pest Management Mosquito Control Services 2012 6 of 13 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. 19. Special Provisions. The City allows other public agencies the opportunity to purchase off the award for this RFP at the option of the awarded vendor. Services Agreement 7351 Integrated Pest Management Mosquito Control Services 2012 7 of 13 APPROVE AS TO FO M: Assistantkeity Attorney CITY OF FORT COLLINS, COLORADO a municipal corporation By: Jam+B.'Neill II, CPPO, FNIGP Direhasing and Risk Management Date COLORADO MOSQUITO CONTROL, INC. By: / A7zr .4 � tl ti .vhh, s PRINT NAME 1,�We.,—� CORPORATE PRESIDENT OR VICE PRESIDENT Date: 5— 19 ATTEST: u.n 1 n (Corporate Seal) CORPORATEJSECRETARY Services Agreement 7351 Integrated Pest Management Mosquito Control Services 2012 8 of 13 EXHIBIT "A" SCOPE OF SERVICES 7351 INTEGRATED PEST MANAGEMENT MOSQUITO CONTROL SERVICES I. Background The Service Provider shall work closely with City staff to administer mosquito control services, perform data collection and reporting, and provide certain public relations functions. The Mosquito Control Program will service a geographic area including the City of Fort Collins and an appropriate buffer area surrounding the City. The program area is expected to be approximately 109 square miles; however, the size and scope of the program may be subject to change through out the term of this agreement. The Service Provider shall utilize an Integrated Pest Management (IPM) approach to mosquito control. These principles and practices will consist of an environmentally sensitive program that utilizes a combination of cultural, biological and chemical tools that .emphasize' the least -toxic approach, to target and control all mosquitoes. This will include a focus ,on potential disease - vector Culex populations and nuisance species, which is economically feasible while minimizing chemical pesticide applications. The Service Provider must be currently licensed and will maintain licensing to provide public health mosquito control services in the State of Colorado, and be able to demonstrate they have the capacity, experience, financial status, condition and capital equipment to provide the required services as outlined below. II. Scope of Services The Service Provider shall provide: 1. Survey & Mapping Services. 1.1. Survey land with in the larval control area (approximately 109 square miles) to identify and map mosquito breeding sites. 1.2. Develop and maintain mosquito control service related information in GIS format. 1.3. Provide GISD maps indicating mosquito breeding sites and larval control activity. 2. Mosquito Breeding Site Inspection & Larviciding 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 with in the larval control area will require application of larvicide on an on -going basis through out the mosquito control season. Larvicide treatments may be applied through a variety of appropriate methods. 2.3. Provide periodic follow up Quality Control follow-up inspections of larvicide applications. 2.4. The site inspection and larviciding season will begin June 1st and will terminate on August 31 n of each year. Services Agreement 7351 Integrated Pest Management Mosquito Control Services 2012 9 of 13