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HomeMy WebLinkAboutResolution No. 6528 (PETAIR Dead Wildlife Removal)" RESOLUTION NO. 6528 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The ~MYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with PETAIR, for Removal of Dead Wildlife -Through September 1, 1984, Unless Terminated by 30 days' Written Notice by Either Party 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 intro- duced and adopted at a regular meeting of the City Council of said City held on Monday the second day of May ---=----- 19~, by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Uulryan NOES: COUNCIL1ffinffiERS: None ABSENT: COUNCIL~m~ffiERS: Breiner J~~EONCINI, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this second day of May , 1983, by and between the City of San Rafael, a political subdivision of the State of California, hereinafter referred to as "City", and Petair, herinafter referred to as "Contractor", WIT N E SSE T H In consideration of the mutual promises and covenants herein- after 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, racoon, 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 received a request to pick up such wildlife. 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 General Services Department. 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 employees, as determined by City. -:.r:::CD-CITY CL:~ - 1 - , . 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 deter- mination as to whether the animal is on City property. If Contractor chooses to remove animal before 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 Am to 6:00 PM, seven days per week. 9. Contractor agrees to acquire and maintain a vehicle with the ability to transport carcasses the size of a large deer. 10. Any dead animal which Contractor has reason to believe is diseased, shall be contained in a seperate plastic bag and Contractor shall notify the Marin Humane Society that such animal has been found. 11. Contractor agrees to dispose of dead wildlife in 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 soley responsible for contructor's acts, and this agreement shall not be construed as an agreement for employment. 13. In consideration of Contractor's performance of the afore- said services, City agrees to pay Contractor or its designated fiscal agent the following: A. $23.25 for the removal of any animal over fifty pounds. (Weight to be determined by contractors good judgement.) B. $19.50 for the removal of any animal under fifty pounds. C. $5.00 for every call where the animal is gone on arrival. 14. Contractor agrees to provide and maintain a performance bond in the amount of $1,000, in a form acceptable to City. - 2 - 15. Contractor agrees to indemnify and save harmless, 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 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 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 Comprehensive General Liability and Auto Liability Workers Compensation Employers Liability Minimum Limits $1 million Statutory limit Contractor's liability insurance policy shall contain the following clauses: 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." b. "It is agreed that any insurance maintained by the City of San Rafael shall apply in excess of and not contribute with, insurance provided by this policy." 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 General Services Department, City of San Rafael, San Rafael, California, 94915." Certificates of insurance evidencing the coverages required by the clauses set forth above shall be filed with the City of San Rafael prior to the effective date of this agreement. 16. This agreement shall not be assigned without priur approval of the San Rafael City Council and any purported assigment without consent of the City Council is void. 17. This agreement shall commence with the execution of this document and shall continue through September 1, 1984 unless terminated as provided in #18 below. - 3 - .' 18. Either party hereto shall have the right to terminate this agreement at any time upon giving the other party hereto at least thirty (30) days I written notice prior to the effective date of such termination. IN WITNESS WHEREOF, the parties here to have set their hands the day and year first written above. Attest: Approved as to form: Edmund A. Duggan City Attorney 36.1 Aj10 CITY OF SAN RAFAEL ~'.n-o.-.o f. U+ J2. 7' Lawrence E. Mulryan Mayor PRICES TO EFFECTIVE JUNE ~, 198 3 PER TELEPHONE CONVERSATION WITH MR. HARRY R. BARBIER - 4 -