HomeMy WebLinkAboutResolution No. 6594 (Removal of Dead Wildlife Services).... ,-
RESOLUTION NO. 6594
A RESOLUTION AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREE~mNT
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
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 intro-
duced and adopted at a regular meeting of the City Council of said
City held on Monday the fifteenth day of August
1983 ,by the following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan
NOES: COUNCILMElIfBERS :None
ABSENT: COUNCILME1IBERS :None
JE NE M . LEONCINI, City Clerk
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AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of
August , 1983, by and between the City of San Rafael, a political
subdivision of the State of California, hereinafter referred to as
"City", and Marin Pet Accommodation Services, hereinafter referred
to as "Con trac tor",
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
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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.
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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, Con-
tractor 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 em-
ployee 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 following:
A. $24.75 for the removal of any animal over fifty
pounds. (Weight to be determined by contractor's
good judgement.)
B. $20.75 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.
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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. liThe 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. lilt is agreed that any insurance maintained by the
City of San Rafael shall apply in excess of and not
contribute wi th, 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 prior
approval of the San Rafael City Council and any purported assigment
without consent of the City Council is void.
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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.
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' writen 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.
CITY OF SAN RAFAEL
Attest:
e nne Leoncini
ity Clerk
Contractor:
g;l~~) By~~~~~~~ ______ ~ __ ~~~ __
Mark man
Approved as to form: Marin Pet Accomodation Services
36.1 A/lO
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