HomeMy WebLinkAbout03-187 Resolution No. 03-187
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDED LARVICIDING AGREEMENT
WITH CLARKE ENVIRONMENTAL MOSQUITO MANAGEMENT, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be
and are hereby authorized and directed to execute a First Amended
Larviciding Agreement on behalf of the City of Elgin with Clarke
Environmental Mosquito Management, Inc . to permit the application
of a single 150 day larvicide treatment to the city' s storm water
catch basins, a copy of which is attached hereto and made a part
hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: June 25, 2003
Adopted: June 25, 2003
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
FIRST AMENDED LARVICIDING AGREEMENT
This agreement is hereby made and entered into this
321O day of ,101-- y , 2003, by and between the City of Elgin,
an Illinois municipal corporation, (hereinafter referred to as
the "City" ) and Clarke Environmental Mosquito Management, Inc . ,
an Illinois corporation, (hereinafter referred to as
"Contractor") .
WITNESSETH
WHEREAS, the parties hereto have previously entered
into an agreement for larviciding within the City of Elgin, dated
February 12 , 2001, attached hereto as Attachment A ( "Original
Agreement" ) ; and
WHEREAS, the parties hereto have each determined it to
be in their best interests to enter into the third and final
option year of the Original Agreement, except as specifically
modified hereby.
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, the sufficiency of which is
hereby mutually acknowledged, the parties hereto hereby agree as
follows :
1 . Original Agreement shall be in effect through 2003
pursuant to the third and final option year of Original
Agreement .
2 . In addition to the terms and provisions provided
for by Original Agreement, Contractor shall further provide
treatment of City' s 5, 000 catch basins located in Kane County
with Altosid XR during the 2003 season.
3 . City shall pay an additional Thirteen Thousand
Three Hundred Fifty and No/100ths ($13, 350) to Contractor for the
aforementioned additional catch basin treatment in addition to
the price contemplated by Original Agreement for the 2003 season.
4 . Contractor shall provide the larval control
services provided by Original Agreement, with the exception of
the originally contemplated two (2) catch basin control
treatments originally contemplated. A copy of the originally
contemplated services provided by Original Agreement is attached
hereto as Attachment B for reference .
5 . All of the terms and provisions of Original
Agreement shall otherwise remain in full force and effect .
6 . This agreement shall terminate on December 31,
2003 .
7 . Venue for the resolution of any disputes and the
enforcement of any rights arising out of or in connection with
this agreement shall be in the Circuit Court of Kane County,
Illinois .
8 . The terms of this agreement shall be severable. In
the event any of the terms or provisions of this agreement are
deemed to be void or otherwise unenforceable for any reason, the
remainder of this agreement shall remain in full force and
effect.
2
IN WITNESS WHEREOF the parties have executed and
entered into this agreement on the date and year first written
above .
CITY OF ELGIN CZAR ENVIRONMENTAL MOSQUITO
MANA%.EM , T, INC
By BY ALifL
Mayor Jack P. Thennish
Control Consultant
Attest : Attest :
PI ' bk7(2-c-OA,--
City C erk
F:\Legal Dept\Agreement\ClarkeMosquito.doc
3
ATTACHMENT A
CITY OF ELGIN
AGREEMENT FOR
RFP Number: 01-016 for: Mosquito Larviciding
vait
- This Agreement is made and entered into this I'. day of______________»A 2001 by and between the City of
Elgin ("the CITY"), a municipal corporation organized and existing and r the laws of the State of Illinois,
and d/a -i F—,y.,olnowk/ Z >ii -incorporated in the state of 3J//,7r.) and
having a principal place of business al /5'49 Al. 4 ir-den AY�2 . .1c.cc/%- ("the
CONTRACTOR").
ARTICLE I. DEFINITION. "THIS CONTRACT" as used herein shall mean this Agreement;the Request for
Proposals (RFP) including all documents referenced therein and the Contractor's Proposal response
(Proposal) thereto incorporated by reference herein and made a part hereof. The CONTRACTOR agrees
to provide the goods and/or services all in accordance with the RFP and CONTRACTOR'S Proposal. In the
event there is a conflict between this Agreement and the Proposal documents, the Proposal documents
shall supersede this Agreement
ARTICLE II. DURATION. The CONTRACTOR shall commence the performance of THIS CONTRACT
upon receipt of a fully executed Contract from the City and shall end at the end of mosquito season 2001,
with two one year options to renew at the City's sole discretion.
ARTICLE Ell. TERMINATION. 'The following shall constitute events of default under THIS CONTRACT: a)
any material misrepresentation made by the CONTRACTOR to the CITY, b) any failure by the
CONTRACTOR to perform any of its obligations under THIS CONTRACT including, but not limited to, the
following: (I) failure to commence performance of THIS CONTRACT at t#ile time specified in THIS
CONTRACT due to a reason or circumstance within the CONTRACTOR's reasonable control, (ii) failure to
perform THIS CONTRACT with sufficient personnel and equipment or with sufficient material to ensure the
completion of THIS CONTRACT within the specified time due to a reason or-circumstance within the
CONTRACTOR's reasonable control,(iii) failure to perform THIS CONTRACT in a manner reasonably
satisfactory to the CITY, (iv) failure to promptly re-perform within reasonable time the services that were
rejected by the CITY as erroneous or unsatisfactory, (v) failure to comply with a material term of THIS
CONTRACT, including, but not limited to the Affirmative Action requirements, and (vi) any other acts
specifically and expressly,stated in THIS CONTRACT as constituting a basis_for termination for cause. The
CITY may terminate THIS CONTRACT for its convenience upon fourteen (14) days prior written notice.
ARTICLE IV. DAMAGES. From any sums due to the CONTRACTOR for services,the CITY may keep for
. its own the .whole_or_any,_part of the amount for expenses, losses and damages as.directed_by the- ..
Purchasing Director, incurred by the CITY as a consequence of procuring services as a result of any failure,
omission or mistake of the CONTRACTOR in providing services as provided in THIS CONTRACT.
ARTICLE V. GOVERNING LAWS AND ORDINANCES, This CONTRACT is made subject to all the laws
of the State of Illinois and the ordinances of the CITY and if any such clause herein does not conform to
such laws or ordinances, such clause shall be void (the remainder of the contract shall not be affected)and
the laws or ordinances shall be operative in lieu thereof.
ARTICLE VI. AFFIRMATIVE ACTION. The CONTRACTOR will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age
or physical handicap which would not interfere with the efficient performance of the job in question. The
contractor will take affirmative action to comply with the provisions of Elgin Municipal Code Section 3.12.100
and will require any subcontractor to submit to the CITY a written commitment to comply with those'
provisions. The CONTRACTOR will distribute copies of this commitment to all persons who participate in
recruitment, screening, referral and selection of job applicants and prospective subcontractors.
• HK I RLE V U. /1JJt VIYI`"JILT I t . 1 lic -
- CONTRACT without prior written consent of the CITY.
ARTICLE VIII. AMENDMENTS. There shall be no modification of the CONTRACT, except in writing and
executed with the same formalities of the original.
ARTICLE IX. NOTICES. Any notice given under this CONTRACT shall be in writing and shall be deemed
to have been given when hand delivered or deposited in the U.S. mail, certified or registered, return receipt
requested, addressed, if to CONTRACTOR, at the address set forth above to the attention of the project
manager or undersigned representative, and if to the City, to the attention of the City Manager, 150 Dexter
Court, Elgin, IL 60120 or to such other address and/or authorized representatives as either party shall
designate in writing to the other in the manner herein provided.
•
ARTICLE X. INDEMNIFICATION. The CONTRACTOR shall indemnify and hold harmless the CITY, its
officers,.agents and employees, against liability, losses, damages or expenses (including legal expenses)
resulting from any claim based upon negligent or intentional acts or omissions of the CONTRACTOR, its
employees or its agents in arising out of the existence of this agreement, goods delivered or work performed
hereunder.
ARTICLE Xl. PUBLICITY. The CONTRACTOR may not use, in any form or medium, the name of the City
of Elgin for public advertising unless prior written permission is granted by the CITY.
ARTICLE XII. APPROPRIATIONS. The fiscal year of the CITY is the 12 month period ending December
31. The obligations of the CITY under any contract for any fiscal year are subject to and contingent upon
the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and
authorization to spend such funds for the purposes of the contract
If, for any fiscal year during the term of the CONTRACT, sufficient funds for the discharge of the CITY'S
obligations under the contract are not appropriated and authorized,then the CONTRACT shall terminate as
of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted,
whichever is later, without liability to the CITY for damages, penalties or other charges on account of such
termination.
ARTICLE XIII. ENTIRE AGREEMENT. This CONTRACT embodies the whole agreement of the parties.
There shall be no promises, terms, conditions or obligations other than those contained therein; and this
agreement shall supersede all previous communications, representations, or agreements, either verbal or
written, between the parties.
The person signing THIS CONTRACT certifies that s/he has been authorized by the CONTRACTOR to -
commit the CONTRACTOR contractual and has been authorized to execute THIS CONTRACT on its
behalf.
IN WITNESS WHEREOF the parties have hereto set their hands the day and year first above written.
CONT •CTOR CITY OF ELG • •
et` . �
ame and Title Jove Parker 1
' 2 / Q r� �J City Manager r
3
FEIN NO. 6 1 1 � / 1
ATTACHMENT B
Part III. Larval Control
A. Targeted Mosquito Management System(TMMS) computer data base and site
management.
B. Larval Site Monitoring:
1. Three (3) complete inspections of all sites.
2. A minimum of six(6) targeted inspections of all sites.
C. Prescription Larval Control with Bacillus thuriengiensis israelensis (B.t.i.), 5% Abate
pellets, Altosid briquets, and stocking of mosquitofish(Gambusia affinis) for
biological control.
D. Two (2) Catch Basin Control treatments.
E. Helicopter Application: Two (2) applications with 5% Abate pellets of all acres for
floodwater mosquito control.
F. Source Reduction Recommendation.
Part IV.suaiittfisvini:
A. Adult ground mosquito control performed on a per-mile basis as requested by the city
01-1?-$) Aerial_F_-��. Aerial adult mosquito control as requested by the city.
2001 EMM Program Total Cost For Parts I, II, III, and IV $25,680.00
2001 EMM Payment Plan:
Four monthly invoices for $6,420.00 will be due on April 1, May 1, June 1, and July 1,
2001.
\44 OF ESC'
��., ti Agenda Item No.
97-g ):
City of Elgin
May 23 , 2003 G
N
TO: Mayor and Members of the City Council AFF COMMUNITY
FROM: David M. Dorgan, City Manager
Paul Slaby, Public Health Officer
SUBJECT: Amendment to Mosquito Control Program Contract with
Clarke Mosquito Control
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to amend the 2003
Mosquito Control Program.
BACKGROUND
The City of Elgin is in the final year of a three year contract
with Clarke Mosquito Control to provide mosquito larvae control
for the Kane County portion of Elgin. Clarke is the sole
mosquito management company that provides the scope of mosquito
abatement service that the Illinois Department of Public Health
recommends during mosquito-borne arborvirus emergencies. The
larvae control program encompasses three complete inspections of
up to 127 sites, and a minimum of six targeted inspections of up
to 74 sites for monitoring larvae; stocking of mosquito fish for
biological control; two helicopter prehatch applications for up
to 135 acres for floodwater mosquito control ; and two 30 day
storm water catch basin control treatments . Through
surveillance and monitoring of standing water and the use of
light traps to measure mosquito population levels, along with
proven brood prediction methods, larval controls are initiated
at the most effective time. The Northwest Mosquito Abatement
District' s (NWMAD) program for the Cook County portion of the
city is comparable to Clarke Mosquito Control' s program for the
Kane County portion of the city with the exception that the
NWMAD also sprays for adult mosquitoes throughout the
neighborhoods.
Amendment to the 2003 Mosquito Control Program
May 23, 2003
Page 2
The Illinois Department of Public Health' s (IDPH) recommendation
to local governments that conduct mosquito control programs is
to emphasize the methods that are most effective at controlling
Culex larvae, the primary mosquito carrier of West Nile Virus
(WNV) . They breed in stagnant water that has a heavy organic
content . In urban areas, catch basins, artificial water-filled
containers like used tires and poorly draining ditches are
common production sites for Culex mosquitoes. The IDPH
recommends that catch basins be treated at minimum twice during
the summer to control Culex mosquitoes .
With the public health threat of the WNV last year, the city
added one 30 day catch basin treatment to the two previous 30
day treatments at the additional cost of $22 , 500 . This reduced
the number of potential carriers of the WNV through the end of
the mosquito breeding season.
Clarke Mosquito Control has proposed providing a single 150 day
catch basin treatment for an additional $13 , 350 over the
tow standard contract amount of $26 , 090 . 88 . (Attachment `A' ) This
treatment will be applied to the approximately 5000 storm water
catch basins on the public streets . Clarke has indicated that
from all available information and from their experience
throughout the metropolitan area, that catch basin treatment is
the most effective way to reduce the incidence of the WNV.
The City' s Health Division staff will obtain training for the
required Illinois Department of Agriculture pesticide applicator
license that would allow them to treat storm water catch basins
that are not on the public right of way. Additionally, they
will also provide public information about mosquito-borne
viruses and its prevention with handouts, news releases and
public service announcements through the Public Information
Office.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
This matter was discussed informally with the Board of Health at
its April 14th meeting as an additional preventative measure.
Amendment to the 2003 Mosquito Control Program
'' May 23 , 2003
Page 3
ybk.___
FINANCIAL IMPACT
There are sufficient funds available in the General Fund,
Contingency, account number 010-6902-719 . 84-01 (Budget-$213 , 500)
to enter into this $13, 350 contract with Clarke Mosquito
Control . A budget transfer will need to be made to account
number 010-1606-717 . 45-03 , Pest Control Services .
\1446
L GAL IMPACT
None .
ALTERNATIVES
1 . Have mosquito program continue as originally approved.
2 . Have mosquito program continue as originally approved and
if warranted by an imminent public health threat, provide
additional storm water catch basin treatment and/or
r adulticiding.
RECOMMENDATION
It is recommended that the City Council amend the mosquito
abatement contract to authorize Clarke Mosquito Control to apply
the single 150 day larvicide treatment to the City' s storm water
catch basins in lieu of the two 30 day catch basin treatments at
the cost of $13 , 350 .
Respectfully submitted for Council consideration. •
PJS
Attachment
r
• Attachment 'A'
159 NORTH GARDEN AVENUE
P0. Box 72197/ROSELLE, IL 60172
www.clarkemosquito.com
CLARKE TM TOLL-FREE: 800-323-5727
Mosquito Control
PH: 630-894-2000
FAX: 630-894-1774
April 21, 2003
SERVICE Mr. Paul Slaby
Public Health Officer
City of Elgin
PRODUCTS 150 Dexter Court
Elgin, IL 60120-5555
EQUIPMENT DearMr. Slaby,
Thank you for meeting with me on the 14th. As we discussed, I have
EDUCATION researched the options available to us on a season-long treatment of the
City's catch basins.
Clarke is willing to treat the basins with Altosid XR for the cost of the product,
which is $2.67 per briquet. The City currently has 5,000 basins in the Kane
County section, thus a total cost of $13,350.00 would cover the City for up to
150 days. I believe this to be the most cost effective option the City has while
protecting the City for the entire season.
We appreciate the opportunity to serve the City of Elgin and look forward to
providing the City with an unsurpassed level of quality service in 2003. If you
have any questions on any aspect of our program, please don't hesitate to
contact me.
Sincerely,
ILAAJI/1/J\
Jack Thennisch
Control Consultant
Global
Solutions for
•
Mosquito
"''Control'"
e