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1429RESOLUTION NO. !-/a A RESOLUTION APPROVING A MOSQUITO CONTROL PROFESSIONAL SERVICES AGREEMENT WITH VECTOR DISEASE CONTROL, INC., AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AND FOR OTHER PURPOSES. WHEREAS, by Ordinance 1626 the West Memphis City Council waived the competitive bidding process for mosquito control efforts by Vector Disease Control, Inc.; and WHEREAS, Vector Disease Control, Inc., has submitted to the City of West Memphis the attached Mosquito Control Professional Services Agreement for the year 1995; and WHEREAS, the City Council of the City of West Memphis, Arkansas, finds that the Mosquito Control Professional Services Agreement for the year 1995 is in the best interests of the citizens of the City of West Memphis and that the agreement should be approved and the Mayor should be authorized to execute the agreement on behalf of the City of West Memphis; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, that the Mosquito Control Professional Services Agreement between Vector Disease Control, Inc., and the City of West Memphis, Arkansas, for the year 1995 is hereby approved and the Mayor is hereby authorized to execute the agreement on behalf of the City of West Memphis, Arkansas. ADOPTED this !6~ day of F~gRys}~Ry , 1995. ~~~ AL BOALS, Mayor '~~ ATTEST:- RECEIVED DAN CRAFT, C ' C r CITY CLERK OFFICE DAT~EQ~~,o'~/b X45'© 4 ~'~~ MOSQUITO CONTROL PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT for Mosquito Control Professional Services is entered into between the City of West Memphis, Arkansas, (the City) and Vector Disease Control Incorporated (V.D.C.I.). For the protection of its residents, the City desires to provide a professionally designed and integrated program for the control of the mosquito population in the City. V.D.C.I. has agreed to provide these services subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and considerations contained herein, the City and V.D.C.1. agree as follows: 1. Term of the Agreement. The term of this Agreement shall be for a period of one year beginning January 1, 1995, and ending December 31, 1995. 2. Services to be Provided. During the term of this Agreement, V.D.C.I. shall provide the following services during the mosquito breeding season (anticipated to be April 15 to October 15): a) Surveillance. Larvae breeding sites such as ditches, tire piles, artificial containers, septic ponds, rainwater pools, etc. will be inspected regularly and periodically. In addition, adult mosquito populations will be monitored using light traps, landing rates, and resting stations. All collections will be identified as to specie and population distribution. Density will be plotted to detect any changes in problem areas. b) Larviciding. V.D.C.I. will apply EPA-registered chemical and biological larvicides throughout the City and associated buffer zone (up to two (2) miles). These will be applied at least weekly to persistent production areas and as indicated in other production areas. Chemicals, application rates and methods, including aerial applications if needed, will be tailored to habitat and mosquito specie in order to provide greater control. c) Adulticiding. V.D.C.I. will apply EPA-registered mosquito adulticides that will be dispensed either by aerial application or from truck-mounted, ultra-low volume (ULV) equipment throughout the City in order to provide uniform control and protect against reinfestation. All ULV applications will be timed to coincide with peak mosquito activity in order to provide the most effective control possible. d) Recordkeeping. V.D.C.I. will keep complete records of all operations including records of inspections, reports, tarviciding and adulticiding application, all of which will be tabulated and presented in written monthly reports to the City. All forms and reports of pesticide usage required by all regulatory agencies will be filed to comply with applicable laws and copies will be submitted to the City for its files. 3. Payment. For services to be provided by V. D.C.I. during the terms hereof, the City shall pay the sum of ONE HUNDRED FIFTY-SIX THOUSAND NINE HUNDRED DOLLARS ($156,900.00) in seven installments of $22,414.29 each, payable on or before the 15th day of each month, beginning April 15, 1995. 4. Insurance. V.D.C.I. shall at its own expense procure and maintain from a company or companies authorized to do business in the State of Arkansas the following 2 coverages: a) Workers compensation; b) Public liability coverage to a total of $500,000 minimum coverage. The City, its City Council members, and the Mayor shall be named insured on this policy. V.D.C.I. shall provide the City with written proof that it has obtained the insurance required under the terms of this Agreement. 5. Non-Liability of the City Its Officials or Employees. No employee or elected official of the City shall be personally responsible for any damage resulting from the negligence or intentional acts of V.D.C.I. in performance of services required under the terms of this Agreement. 6. Indemnity. V.D.C.I. will indemnify and hold harmless the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees caused by any work done by V.D.C.I. in performance of this Agreement. 7. Defaults. A material breach of any of the terms and conditions of this Agreement on the part of V.D.C.I. shall be ground for the termination of the Agreement at the option of the City. The City, upon termination, shall be at liberty to re-let the work to other parties, or to perform the work without contract, and in either case, V.D.C.1. shall be liable for any excess costs in performing such work over the cost to the City if V.D.C.I. had continued to perform in accordance with this Agreement. 8. Civil Unrest. Notwithstanding anything contained in this Agreement to the contrary, in the event V.D.C.I., in its sole discretion, determines that because of civil unrest 3 a substantial risk of personal injury to its employees or damage to its equipment exists, then V.D.C.I. may refuse to provide services in that part of the coverage area where such risk exists until: a) Order is restored and the threat of such injury or damage has been resolved; or b) The City has, in the sole discretion of V.D.C.I., taken adequate security measures to insure the safety of V.D.C.I.'s personnel and equipment. Any refusal by V.D.C.I. to treat a part of the coverage area under these circumstances shall not be deemed to be a breach of this Agreement. 9. Prohibition of Other Commercial Mosquito Control Applications. Because of its various reporting and recordkeeping responsibilities and the liability assumed by V.D.C.I. under the terms of this Agreement and because of potential harm to the public, the City shall not permit other commercial mosquito control pesticide applications to occur in public areas of the City during the term of this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement on the I D-(~i day of T~ h v~ ~, n r v , 1995. VECTOR DISEASE CONTROL INCORPORATED By: President CITY OF WEST MEMPHIS, ARKANSAS By: W~- ~~'0~" Mayo r ATTEST: City Clerk 4