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Home My WebLink AboutCC Resolution 6914 (Dead Wildlife Removal)RESOLUTION NO. 6914 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT 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 introduced and adopted at a regular meeting of the City Council of said City held on Tuesday the fourth day of September , 1984, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None 4. „ " JE . LEONCININ, City Clerk ORIGINAL, 69 � AGREEMENT THIS AGREEMENT, made and entered into this 4th day of September 1984, 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 "Contractor", W I T N E S S E 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 pick-up and disposal of certain dead wildlife described as deer, racoon, skunk, fox, bobcat, badger, porcupine, sheep, goats, and 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. 4. It is understood that Contractor will not be responsible for pick-up of injured wild or domestic animals and is not responsible for pick-up of dead dogs, cats, cows, or 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. Authoriza- tion 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 pick-up of any dead animal located in such rugged terrain that retrieval of animal repre- sents a hazard to the personal safety of Contractor's employees, 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 Con- tractor 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 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 a 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 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 afore- said services, City agrees to pay Contractor or its designated fiscal agent the following: A. $26.00 for the removal of any animal over fifty pounds. (Weight to be determined by Contractor's good judgment). B. $22.50 for the removal of any animal under fifty pounds. C. $10.00 for every call where the animal is gone on arrival.* * No more than two instances per month will be compen- sated at the $10.00 rate. Additional incidents will be paid -at the rate of $5.00. 14. Should Contractor fail to commence work within five (5) working days after notification 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 - 2 - 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 damages incurred by City, and that in the event of such breach and termination of the contract pursuant to the notice described herein- above, Contractor will pay City the sum of $1,000 as liquidated damages. 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 cover- ing its operations: Coverage Minimum Limits Comprehensive General Liability and Auto Liability $1 million Workers Compensation Employers Liability Statutory limit Contractor's liability insurance policy shall contain the follow- ing 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 City Manager's office, 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 - 3 - 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 assignment without consent of the City Council is void. 17. This agreement shall commence September 1, 1984, and shall continue through August 31, 1986, unless terminated as provided in paragraph 18 below, except that the amount specified in paragraph 13 above may be reviewed annually upon the request of either party. Such request shall be made no later than May lst of any year and any adjust- ment agreed upon by both parties shall not be effective until September lst of that year. 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 written notice prior to the effective date of such termination. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first written above. Attest: Jeanne M. L oncini City Clerk Approved as to form: Peter Muzio / City Attorney CITY OF SAN RAFAEL G f Lawrence E. Mulrya7 Mayor CONTRACTOR Kevin McCain Marin Pet Accommodation Services - 4 -