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929-Clarke Env Mosquito Mgmt AGREEMENT ~ZHIS AGREEMENT made and cutered into this the ~ day of May, 20~, by ~d b~w~ ~e City of Snford, 300 Nor~ P~k Avenue (~o Post Office Box 1788). S~fo~, ~lod~ a ~od~ mmcipai co~n~do~ h~ein~er refe~ to as ~e .~,,, ~d En~onmental Mosquito Management hcorporat~. 1030 ~ast C~Xl S~eet, ~ssi~ee, Florida 34744, a F]onda CoCoraYon, hffe~na~ Icfe~c~ to as ~c WITNESSETII: ~~, the Ci~ of S~ord ha~ det~ad that mvsq~tos ~d ~dges co~mte public he~ ~d ~d create ~c~table n~s~ce for ~e genial public; nd ~~AS, it is the ~ent of~e C~ to ~n~l mosq~tos ~d ~dges ~ ~d ~o~d · e ~iW ~ ~e use of~sccdcide ~d I~aci~ by v~ous appHcad~ me~ds; ~d ~E~AS, ~e CITY hu d~t~incd ~t the products ~d s~ices pw~ded by CONT~CTO1. as desc~b~ brain. ~c ~c~mbl= for th~ con~ol of said inseots; ~~AS, ~e CO~CTO~ a~ces ~ provide ~ted~s ~d s~ic=s to the a~ spmi~cd ~d req~ed h~ein; ~d ~id matins ~d s~ices to be in ~e bes~ int~st of ~e ~OW ~~FO~. in co~dcra~on of ~{ mutual coven~ts ~d ~emcnts con~ned he~ ~e C~Y ~d ~e CO~CTO~ mtendin~ ~o be leg~ly bo~ hereby a~ follows: GE~~: ~e CO~MCTO~ ~rees to pwmp fiy p~ p~ly IiG~s~ ~d ~pl{cati~ of che~cals ~d mo~g of~get mosQ~togmidgss u ~q~ted by ~e ~Y. The C~Y aFccs to ~vide the conetot des~p~on of mu ~ be ~ated in w~k d~ves nd t~cly pa~cnt of appwp~c invoices. S~ION l - SCOPE OP CONTMCTOR'S WORK: ~e CON~O~ shall, at its on expose, provide: 1. ~ application eq~pm~ ~d pmo~ei nccc=s~ ~ p~perly ~s~bute ~e ~c~s ~beled dcliv~ to ~e CI~, ~c~, sta~, ~d feder~ p~tl, re~afiom. l~c~cs. ~l o~ rcquirm~t8 n~c=e~ for ~plica~on of ins~idee m the CITY, 2. ~C~S sh~Z be applied f~ ~ea~t as ~ected by the C~Y ~ follows: 1. ~vi!7 10+I0 ULV, (~vfi), u m~act~=d by Cl~ke MosquiW Contrv~ Products, ~xc., applied at 0.62" o~ce~re by a~a: ~. Btcm:l~7 3-15 ULV, (Bio~s0, as m~ufactured by CJ~e Mosquito Products, ~c.. appli~ by ~ck mounted ulna-low volume, (~, ~oiol spra~ at label dvs~e ra~es approp~ate to conWol t~g~ insects. 3. Flit7 13 ,] BC, ~Rt), ~ m~u~ by Cluke Motquito Con~ol Produc~, ~c., for con~c: ~d rcs~du~ con~ol ef[~8~ insets appli=d by backp~k blower to trc~, s~bs, ~s, b~l~S~ ~d o~cr ~c~ at ~propd~e labe[ dosage rates. B. Lwacide, (attested to orient ~$istance as dlre~c~ by tke GIT~: I. 5% Skeel~ A~atc7 pellets, (Abate), as rn~a~;t~ed by C~ke Mosqu~ Con~ol Produc~s, Ice., applied at 4~'.poun~s/e~c by a~alhsli~pter. · 2. Al~o~;d' pellets, (Alto~ld}, ~.m~ufac~by'Wei~-~k ln~aaiio'naL'appl~ed po~L~li:~, a~rc by a~aL All chemicals prvvld~d by the CONT~CTOR ~ hereby w~ted by ~e CONTM~O~ P~!:c nea~ - Mosquav~M~dS~ C~ol A~ss~nt, Page I of~ t.o be properly labeled for the application sp~ified, and the CONTRACTOR agrees to adhere to all safety rules/directions and abide by label dixectton in p~rl'orming requested applications. 3. Reporls and maps documenting areis treated, amotmt of chemical, flight start/stop times, wir. d speed/direction. 4. l~.esponse and r~so/ut/on of verbal and written concmus from the community over program saf=ty and effectiveness. 5. Response and re. solution of ch~migal application ef~ctiveness to the satisfaction of the CITY. 6. Surveillance and monitoring datl for CDC and/or New I~rsey light laps which includes: 1 ) S erting/mainlaining traps, 2) Counting & idenlifieation of mosquito/midge species, 3) Computer database storage arid we~kly, monthly, and annual rip errs of d~a, and 4) professional opinion of control strategy for identifi~cl problem 7. Various public relations s~'vices about the mosquito/midge control program undertakers by the CITY and the CONTRACTOR. Prompt r~sponse to questions asked by the CITY, publfc~ and news media about the chemicals and m~hoch used under this agce=ncnt. SECTION 2 - SCOPE OF CITY'$ WORK: The CITY sb. all, s: its own o.xptnse, provide: 1. Clear dix,,ction for th~ s.r~s to be treated through verbal/oral description and maps visually representing limits of suvh ar~as, 2.Federal Aviation Administration t~quir~d pubhi: notlee for aegial applioation- 3. Prompl payment of invoices for products and services provided by the CONTRACTOR the writlena dir~tion of the City arid at prices described herr~in, or ss may be modified in future am~ndmea~ts to this docum~'lL Prompt payment shall be within thirty d~ys of regeipt of an ig:c~Ftable invoice. Payment shall not exceed 5150,000 per annual ~erm of this 4. Assist the CONTRACTOR in publie relations about the mosquRo/midgo control progrun. SECTION 3 - RATES FOR SERVICBS AND ,MATERIALS: During this agreern~nal, the following rates shall apply unless moditl~l as describ~l further h~rstn: Service Unit of Measur~ Pnc~ / UnJ~ ..... ACrial. HeticoptL'r application of Anvil 0.62 ounces p~r ogre $ 2.20 Aerial Hc;icopter application of Abate 4 pounds per acre 75,00 A~-ial Helicopter ~.pplication of Altoaid 4 pounds per aor~ 324,00 Ban-i~r treau'nent ofFlit to lakefront or uth~r areas 2 rail= segment 748,00 Truck motrot application of Blomist t mile segment CDC light trap monitoring/reporting trap per day 58.00 .SECTION a - TERM OF AGREEMEg: The tmm't of this Agreement shall b= for a three (3) one (1) year periods, which shall commtnc~ on Mal 312_, 2000 and shall t~rrninat~ on April 30, 2003 tinless ~mninaled or breached at sa esrli~' date. The s~oond and third years shall ~omm~nce on May I, and shall ~xpir~ on April 30 of tile appropriate year and shall automatically bc r=v,~wed at stat~ terms and rates, unless the CONT1LACTOR requests modification to reflect docurrl~llt~d r~al and substarlt[al increases in th~ ~ost otproviding required matetrials or performing r~quircd services. CO,N~rRACTOR shall not r,qltest sm in~rr~as~ mor~ ~equently tl'.a_n or. ce per annual term. All r~quests shall be provided .in writing at least sixty, (60), days pncrr to th~ ¢Itd of each annual tenn. Pub|:c Health - Mosq~XoLMidge C~nst~ol A~ree,'nenL Page 2 of ~ SECTION 5 - PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL AGENCIES; Any governmental agency including the State of Florida and its agencies, political subdivisions, counties and cities may purchase the materials and/or services stated in this Agreement for the same price. under the same terms and conditions. should the CONTRACTOR deem it In the best interest of its business, Each governmental agency desiring to accept this Agreement and make award thereof. shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and shall be liable only for materials end/or services ordered and received by it, and no agency assumes any liability by virtue of this Agreement. MUTUAL AGREEMENT: The CONTRACTOR and the CiTY agree that this Agreement sets forth the entire Agreement between them with regard to the subject matter hereof. Public He,llIll - MosquilD/Mldge COnirol Agreement, Page 3 of 4 ·. .... i: ~=.~"';.'.:~.-;. ;..,. ~ ~'.:, '" ~;;~~... '~'~' -...: .., ~L~'~%.';'2:'..'~ ~,:, ~'='~.'-~ ,!05~4/2002 20:02 FAX ~01 SECTION 6 - NOTICE: Whenever either party desires to give notice to the other, it must be given in writing and sent by United States mail, For the present, the parties designate the following individu~!,~ as the rt~r~sontatives for giving of notice, to wit: For CITY: City of Sanford c/o Robert G. Herman, Public Works Director 300 N. Park Avenue P,O, Box 1788 Sanford, Florida 32772-1788 For CONTRACTOR: Clarke Environmenial Mosquito Mauagemem Incorporaw~ c/o Frank Clarke 1030 East Carroll Street Kissimmee, Florida 34744 SECTION 7 - SEVERABILITY: The paffial or complete invalidity of any one or more provisions of this Agreement shall not affect t!~ validity or contln,lng force and effect of any other provision. IN WITNESS Wltl~,REOF, the parties hereto have cau~d this Agreeme~ to be duly executed, in lriplical~, this/~day of May, 2002. _C. itT. Of .Sanford, Florida Clarke Environmental Mosqulto Mana~em..e.nt IncOrporated ATTEST: AITEST: In the STATE OF FLORID& COUNTY OF OSCEOLA · e foregoing instrument was aclmowledged before ~, litis Z_~ day of~8[ 2002, by Frank Clark as P,~gional Manager for Clarke Environmental Mosquito Produced the following ldcnti~catl~m" Public I-hlth - Mosquito/Midge Control Agreeraent, Page 4 of 4