HomeMy WebLinkAboutD & D Services Inc; 2005-07-14;AGREEMENT FOR DEAD ANIMAL PICK-UP, REMOVAL AND DISPOSAL SERVICES
(D & D SERVICES, INC.)
is made and entered into as of the I WI day of 2OC, by and between the CARLSBAD
1911, and a Subsidiary District of the City of Carlsbad, referred to as ("CMWD')). and D & D
DISTRICT, a Public Agency organized under the Municipal Water Act of
Services, Inc. ("Contractof).
RECITALS
CMWD requires the services of a contractor that is experienced in the safe and sanitary
pick-up, removal and disposal of dead animals. Contractor has the necessary experience in
providing these services, has submitted a proposal to CMWD and has affirmed its willingness
and ability to perform such work.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, CMWD and Contractor agree as follows:
1. Scope of Work. CMWD retains Contractor to perform, and Contractor agrees to render,
those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this
reference in accordance with the terms and conditions set forth in this Agreement.
2.
above written.
3.
Ten Thousand dollars ($1 0,000).
4. Status of Contractor. Contractor will perform the Services as an independent contractor
and in pursuit of Contractor's independent calling, and not as an employee of CMWD.
Contractor will be under the control of CMWD only as to the results to be accomplished.
5. Indemnification. Contractor agrees to indemnify and hold harmless the City and its
officers, officials, employees and volunteers from and against all claims, damages, losses and
expenses including attorneys fees arising out of the performance of the work described herein
caused in whole or in part by any willful misconduct or negligent act or omission of the
Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone
for whose acts any of them may be liable.
Term. This Agreement will be effective for a period of six months from the date first
Compensation. The total fee payable for the Services to be performed shall not exceed
The parties expressly agree that any payment, attorney's fee, costs or expense City
incurs or makes to or on behalf of an injured employee under the City's self-administered
workers' compensation is included as a loss, expense or cost for the purposes of this section,
and that this section will survive the expiration or early termination of this Agreement.
6. Insurance. Contractor will obtain and maintain policies of commercial general liability
insurance, automobile liability insurance, and a combined policy of workers' compensation and
employers liability insurance, from an insurance company authorized to transact the business of
insurance in the State of California which has a current rating in the Best's Key Rating guide of
at least A-:V in an amount of not less than five hundred thousand dollars ($500,000) each,
unless otherwise authorized and approved by the General Counsel or the Executive Manager.
Contractor will obtain occurrence coverage, which will be written as claims-made coverage. The
insurance will be in force during the life of this Agreement and will not be canceled without thirty
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(30) days prior written notice to the CMWD by certified mail. CMWD and the City of Carlsbad will
be named as additional insured on General Liability. Contractor will furnish certificates of
insurance to CMWD, with endorsements to CMWD prior to CMWD's execution of this
Agreement.
7.
License for the term of the Agreement, as may be amended from time-to-time.
8. Conflict of Interest. CMWD will evaluate Contractor's duties pursuant to this Agreement
to determine whether disclosure under the Political Reform Act and CMWDs Conflict of Interest
Code is required of Contractor or any of Contractor's employees, agents or subcontractors.
Should it be determined that disclosure is required, Contractor or Contractor's employees,
agents, or subcontractors will complete and file with the Secretary of the Board those schedules
specified by CMWD and contained in the Statement of Economic Interests Form 700.
9. ComDliance With Laws. Contractor will comply with all applicable local, state and federal
laws and regulations prohibiting discrimination and harassment and will obtain and maintain a
City of Carlsbad Business License for the term of this Agreement.
10. Termination. CMWD or Contractor may terminate this Agreement at any time after a
discussion, and written notice to the other party. CMWD will pay Contractor's costs for services
delivered up to the time of termination, if the services have been delivered in accordance with
the Agreement.
11. Claims and Lawsuits. By signing this Agreement, Contractor agrees it may be subject to
civil penalties for the filing of false claims as set forth in the California False Claims Act,
Government Code sections 12650, etsea., and Carlsbad Municipal Code Sections 3.32.025, et m. Contractor further acknowledges that debarment by another jurisdiction is grounds for the
Carlsbad Municipal Water District to terminate this Agreement.
12. Venue and Jurisdiction. Contractor agrees and stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the
State Superior Court, San Diego County, California.
13.
monies due or to become due under it, without the prior written consent of CMWD.
14. Amendments. This Agreement may be amended by mutual consent of CMWD and
Contractor. Any amendment will be in writing, signed by both parties, with a statement of
estimated changes in charges or time schedule.
Business License. Contractor will obtain and maintain a City of Carlsbad Business
Assignment. Contractor may assign neither this Agreement nor any part of it, nor any
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15. Authority. The individuals executing this Agreement and the instruments referenced in it
on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Agreement.
CARLSBAD MUNICIPAL WATER
DISTRICT, a Public Agency organized
under the Municipal Water Act of 191 1,
and a Subsidiary District of the City of
Carlsbad
- (sign here) '
LAkLLleul M . 60kd , ?p€G.
(print nameltitle)
(e-mail address) Public Wor6 Director
ATTEST:
' (sign here)
-TW. pp4dE &,m -
ti?d@a&&wd.
(print namehtle)
(e-mail address)
If required by CMWD, proper notarial acknowledgment of execution by contractor must be
attached. If a Corporation, Agreement must be signed by one corporate officer from each of the
following two groups.
*Group A
Chairman,
President, or
Vice-president
**Group B:
Secretary,
Assistant Secretary,
CFO or
Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL, General Counsel
By: - " Deputy GeneralFounsel
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -. 352%s---* . x----- --.- -- - - -. - ._ .
State of California
County of LS 4h)G ~7 65 &s before me, On W?RY 26.
personally appeared
2 } ss.
Dale
Name(s1 01 Signer@)
G Gnf?/hj94 -
@ proved to me on the basis of
to be the personxwhose
to the within instrument
hhbef@&executed the same in
authorized capacity(ies), and that by
signature@) on the instrument the pers
entity upon behalf of which the person(s) acted,
executed the instrument.
Place Notary Seal Above
Though the information below is not required and could prevent fraudulent rem0
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
0 Individual
Signer's Name: I 0 Individual
0 Corporate Officer - Title@): 0 Corporate Officer - Title@):
C Partner - 0 Limited General 0 Partner - 0 Limited 0 General
0 Attorney in Fact C Attorney in Fact
0 Trustee 0 Trustee I a Guardian or Conservator
Other:
Guardian or Conservator
0 Other: ! !
Signer Is Representing: I Signer Is Representing: I /I
0 2004 National Notary Assoaation . 9350 De Solo Ave.. PO. Box 2402 f Chatswanh. CA 91313-2402 Item No. 5907 Reorder: Call Tall-Free 1-800-876-6827
EXHIBIT “A”
SCOPE OF SERVICES
Contractor shall furnish all labor, materials and equipment necessary for, or incidental to,
providing dead animal reporting, pick-up, removal and disposal services on public streets,
property and right-of-ways within the City of Carlsbad.
The following minimum service shall be provided:
A. CALLS FOR SERVICE DISPATCHING AND RECORD KEEPING.
1. Contractor shall maintain and provide a 24-hour, seven (7) day per week toll-free
telephone number to accept calls from the District and general public for pick-up and
removal of dead animals.
Contractor will provide to the District a 24-hour, seven day per week emergency
telephone number listing supervising staff who may be called upon to expedite
removal of dead animals.
Contractor shall dispatch dead animal pick-up requests on a seven-day per week
basis, including holidays.
Contractor shall maintain a log of each call received which at a minimum must
contain the date, time, location, type of pick-up, animal license number of applicable),
reporting party and telephone contact number of reporting party as well as the
Contractor’s dispatching and pick-up activity related to the call for service. The
Contractor shall submit these logs and reports to the District on a monthly basis.
In cases where the dead animal was licensed, the Contractor will return the tag to the
nearest San Diego County Department of Animal Control shelter within 48 hours of
retrieval.
Contractor shall notify reporting party when pick-up has occurred
2.
3.
4.
5.
6.
B. PICK-UP SERVICE
1. Contractor shall pick up and remove all dead animals from public streets, parks,
beaches, right-of-way and other public property within the City of Carlsbad. Animals
shall include, but not be limited to all animals, whether wild or tame, including but not
limited to (a) all land mammals, (b) all reptiles, (c) all aquatic animals less than 300
pounds in weight and (d) all birds and fowl.
Except as otherwise required herein, Contractor will not be required to remove dead
animals from property belonging to or controlled by the California Department of
Transportation, North County Transit District or private property.
2.
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D.
E.
3.
4.
5.
Contractor shall remove dead animals that constitute a road hazard in the opinion of
the District immediately upon notification by the District. The standard "immediately"
shall mean removal within a four-hour period from notification of pick-up request from
District.
Contractor shall remove dead animals that do not constitute a road hazard within 24 hours of notification to Contractor by District.
Contractor shall make available to members of the general public removal of dead
animals from private property located within the City of Carlsbad city limits at a cost to
the private property owner in accordance with the following fee schedule:
Up to 50 Ibs. - $35.00
51 Ibs. to 100 Ibs. - $50.00
101 Ibs. to 150 IbS. - $65.00
Over 150 Ibs. - $125.00
REMOVAL, TRANSPORTATION AND STORAGE
1. Contractor shall maintain, at Contractor's own cost, sufficient personnel, vehicles and
equipment to provide dead animal pick-up, removal and disposal service to the
District.
2. Vehicles used by Contractor to transport dead animals shall be equipped with a
watertight body or watertight tank within which dead animals may he transported or
conveyed. Any dead animal therein shall be covered with container lid, tarpaulin or
other cover appropriate coverage to prevent, discharge, spillage, excessive odor or
sighting of carcass from transporting vehicle.
Transporting vehicles shall be cleaned and disinfected on a regular basis.
Contractor shall provide interim storage of dead animals in conformance with all
federal, state, and local laws and health and sanitation practices.
3.
4.
DISPOSAL
1. Contractor shall dispose of all dead animals in conformity with applicable Federal,
State. and Local laws.
2. Disposal of dead animals retrieved by the Contractor is the total responsibility of the
Contractor.
COMPENSATION
1. Contractor agrees to provide the above described services according to the following
cost schedule:
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a. Flat monthly fee of One Thousand One Hundred Fiftv dollars ($1,150.00) for
pickup and disposal of dead animals weighing up to 300 Ibs. from City of
Carlsbad roads and properties.
b. Pickup and disposal of dead animals weighing in excess of 300 Ibs., but less than
800 Ibs., from City of Carlsbad roads and properties at a cost of One Hundred
Twentv-Five dollars ($125.00) per pick-up.
c. Pick-up and disposal of dead animals weighing in excess of 800 Ibs. from City of
Carlsbad roads and properties shall be quoted on a case-by-case basis.
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