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Home My WebLink AboutCC Resolution 8153 (Dead Wildlife Removal)RESOLUTION NO. 8153 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH KYBURZ KID INC. DBA MARIN PET ACCOMMODATION SERVICES (3 - Year Agreement, from 4/15/90 through 4/14/93) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with Kyburz Kid Inc. dba Marin Pet Accommodation Services for removal of dead wildlife, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a Regular meeting of the City Council of said City, held on Monday the 16th day of April , 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None kAen� In JEA NE M. LEONCINI, City Clerk ORIGINAI 815-9 AGREEMENT THIS AGREEMENT, made and entered into this 15th day of April, 1990, by and between the City of San Rafael, a political subdivision of the State of California, hereinafter referred to as "City" and Kyburz Kid Inc., DBA Marin Pet Accommodation Svcs. hereinafter referred to as "Contractor", W I T N E S S E T H In consideration of the mutual promises and covenants hereinafter contained, the parties hereto do agree as follows: 1. Contractor shall, in a satisfactory and proper manner as determined by City, supply all necessary facilities, supplies and staff required for the pickup and disposal of certain dead wildlife described as deer, raccoon, skunk, fox, bobcat, badger, porcupine, sheep, goats, opossum found on City property and City -maintained roads. 2. Contractor agrees to pick up dead wildlife as defined in paragraph 1 every day. 3. Contractor agrees to pick up dead wildlife within 24 hours from the time Contractor receives a request to pick up such wildlife, holidays excluded. 4. It is understood that Contractor will not be responsible for pickup of injured wild or domestic animals and is not responsible for pickup of dead dogs, cats, cows, horses on City property. 5. If a situation arises where a request is made to pick up a species of animal not covered by #1 or #4 above, Contractor may pick up and dispose of such animal upon prior approval of City. Authorization pursuant to this agreement shall only be binding upon the City if made by the City Manager's office. 6. Contractor is not responsible for pickup of any dead animal located in such rugged terrain that retrieval of animal represents a hazard to the personal safety of Contractor's employee, as determined by City. 7. It is understood that any dead animal located on private property may be removed by Contractor at property owner's expense. If a question should arise as to whether such animal is located on City property or private property, Contractor shall contact City for a determination as to whether the animal is on City property. If Contractor chooses to remove animal before the City makes such determination, Contractor shall be responsible for billing the property owner if it is found that the animal is located on private property. 8. Contractor agrees to maintain an answering service or message recording device with which to receive calls for service between the hours of 8:00 a.m. to 6:00 p.m., seven days per week. 9. Contractor agrees to acquire and maintain a vehicle with the ability to transport carcasses the size of large deer. 10. Any dead animal which Contractor has reason to believe is diseased, shall be contained in a separate plastic bag and Contractor shall notify the Marin Humane Society that such animal has been found. 11. Contractor agrees to dispose of dead wildlife at such location(s) as is agreed upon by City in advance of such disposal. 12. The parties hereto agree that Contractor (including Contractor's agents, servants and employees) is not an agent or employee of the City of San Rafael, but an independent contractor solely responsible for Contractor's acts, and this agreement shall not be construed as an agreement for employment. 13. In consideration of Contractor's performance of the aforesaid services, City agrees to pay Contractor or its designated fiscal agent the sum of Thirty six dollars ($36) per each such dead animal under 50 pounds, and the sum of Forty six dollars ($46) per each dead animal over 50 pounds, picked up and disposed of, said sum to be paid upon submittal of a monthly billing stating for each animal the date, animal location, and type of animal, and upon submission of a receipt from the sanitary landfills or other disposal agent acceptable to City, stating the number of carcasses received by such landfill or other agent. Additionally, the City agrees to pay the sum of Ten dollars ($10) for each "false alarm" (animal gone on arrival). 14. Should Contractor fail to commence work within five (5) working days after noti'ication of the starting date, or suspend work for a period of five (5),.:continuous working days after work has begun, the City may provide five (5) days written notice, posted at the job site or mailed to the Contractor, to timely prosecute and complete the work, or the contract may be terminated. The parties agree that in the event of a breach of this agreement by Contractor, as described in this paragraph 14, it would be impracticable or extremely difficult to fix the actual damaqes incurred by City, and that in the event of such break and termination of the contract pursuant to the notice described hereinabove, Contractor will pay City the sum of $1,000 as liquidated damages. 15. Contractor agrees to indemnify and save harmless, the City, its officers, agents and employees from and against any and all claims, demands, losses, defense costs or liability of any kind or nature which the City, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of .persons, or damage to property as a result of, arising out of, or in any manner connected with Contractor's performance under the terms of this agreement, excepting only liability arising out of the sole negligence of the City. Without limiting Contractor's indemnification, it is agreed that Contractor shall maintain in force at all times during the performance of this agreement the following policy or policies of insurance covering its operations: Coverage Minimum limits Comprehensive General & Auto Liability $1 Million Workers Compensation Employers Liability Statutory Limit Contractor's liability insurance policy shall contain the following clause: a. "The City of San Rafael is added as an additional insured as respects operations of the named insured performed under contract with City of San Rafael. All insurance policies by this paragraph shall contain the following clause: "This insurance shall not be cancelled, limited or non - renewed until after thirty (30) days' written notice has been given to the Assistant City Manager, City of San Rafael, 1400 Fifth Avenue, San Rafael, CA 94901. Certificates of insurance evidencing the, -overages required by the clauses set forth above shall be filed with the Assistant City Manager, City of San Rafael, 1400 Fifth Avenue, San Rafael, CA 94901, prior to the effective date of this agreement. 16. This agreement shall not be assigned without prior approval of the City Council of the City of San Rafael, 1400 Fifth Avenue, San Rafael, CA 94901, and any purported assignment without consent of the City Council of tale City of San Rafael is void. _1?. This agreement shall commence ;1pril 15, 1990 and shall continue through April 14, 1993 unless terminated as provided in #18 below except that the amounts specified in #13 above may be reviewed annually upon the request of either party. Such request shall be made no later than May 1 of any year and any adjustment agreed upon by both parties shall not be effective until September 1 of that year. 18. Either party hereto shall have the right to terminate this agreement at a.ny time upon giving the other party hereto to at least thirty (30) days' written notice prior to the effective date of such termination. 19. Notice urvier this agreement shall be delivered to the City in care of: kssistant City Manager City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901 and to the Contractor at: Kyburz Kid Inc., DBA r Marin Pet Accommodation Services 1144 Lakeville Circle Petaluma, CA 94954 IN WITNESS WHEREOF, the parties 'hereto have set their hands the day and year first written above. Attest: CITY OF SANT RAFAEL �v � ��n p�,� - _�N - �'�".r.+til'(�6:ara?.,. �` �� oV.v✓" R�A.`�•'Q+�:�'�S`. ,.^.iva*,� mai retic- M. Le`bncini "Lawrence E. Mulryan Ci tv Clerk 'Llayor Approved as to form: \VA ,Ajc a Gary T. Ragghiant1 City Attorney Contractor e�NlcCa1 n Marin Pet Accommodation Services