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HomeMy WebLinkAboutWildlife Management Services 2022DocuSign,Envelope ID: F257EF3D-8E64-4931-B138-F11C23DD9718 ( 1 PROFESSIONAL SERVICE CONTRACT BETWEEN THE CITY OF OSHKOSH AND WILDLIFE MANAGEMENT SERVICES INC. THIS AGREEMENT made and entered into this 10th Day of February 2022 by and between the City of Oshkosh (hereinafter the "City") and Wildlife Management Services Inc. (Hereinafter the "Contractor"). WHEREAS, the City has been issued a deer removal permit by the Wisconsin Department of Natural Resources ("DNR") for culling white-tailed deer and turkey from within the boundaries of the City of Oshkosh; and WHEREAS, it is necessary for the City to retain the services of highly skilled marksmen for culling deer and turkey in the City; and WHEREAS, the Contractor is willing to provide the services of highly skilled marksmen for culling operations. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties, the City and the Contractor covenant and agree as follows: 1. The City of Oshkosh has adopted a policy, management plan, and ordinance authorizing sharpshooting as a method to control the deer and turkey population in the City provided said program is conducted under the supervision of the Chief of Police. Copies of said management plan and ordinance are attached and incorporated herein. This Agreement is entered into for purposes of implementing the Cities' policy and management plan. All sharpshooting activities contracted for herein are subject to the prior approval and continuing supervision of the City of Oshkosh Chief of Police. 2. Contractor is hereby retained by the City to perform the selective culling of deer and turkey in the City, pursuant to the policy, management plan, and the removal permit issued by the Wisconsin DNR. Contractor agrees to perform all services under this Agreement in a timely, workmanlike and safe manner to the best of its ability, experience, and talent and in accordance with City ordinances, the management plan, adopted policies, City of Oshkosh Sharpshooting Procedures, and the DNR permit. A copy of City of Oshkosh Sharpshooting Procedures are attached hereto and incorporated herein. 3. Contractor agrees to use its best independent judgment and skill in performing the set -vices required under this Agreement. 4. This Agreement shall expire on the earlier of (1) April Ist, 2023, (2) the date that the number of deer and turkey to be killed is reached, or (3) the date either party shall terminate this Agreement by the giving of written notice to the other party of such termination. Notwithstanding the foregoing, all agreements, representations, or warranties made herein shall survive the execution of this Agreement, performance of this Agreement, and the malting of the payments hereunder. 5. The Contractor shall determine the procedures, methods, and actual times for performing set vices, and shall contact the Chief of Police and provide him with such information. The Contractor shall also provide to the Chief of Police information regarding the safety precautions being taken by the Contractor. The Contractor shall comply with any and all requirements set forth by the Chief of Police as well as any and all requirements of the DNR Permit. DocuSign Envelope ID: F257EF3D-8E64-4931-B138-F11C23DD9718 6. The Contractor shall receive an initial fee of $1050 as payment for preliminary preparations, including the setting up of culling sites and additional insurance costs. The Contractor shall provide blinds at a cost of $400. This blind fee is for up to four blinds, additional blinds are $50 each. In addition, Contractor shall receive payment of $245.00 per deer culled and $60.00 per turkey. This per deer or turkey fee includes the disposal of carcasses in a manner prescribed by the DNR, which typically includes dressing, transporting, processing by a Licensed Meat Processor, and final distribution to a food pantry or charitable agency providing meals for the needy. All meat is ground into burger and packaged for the needy. All dressing is to occur outside of the City of Oshkosh. Payments to the Contractor shall be due within thirty (30) days of invoice receipt. In the event a payment is not received within thirty (30) days a late payment of $100.00 will be added to the invoice. If the DNR requires deer to be shot in the body and / or require CVWD sampling the price per deer will then be $285.00. 7. Contractor covenants and agrees that its employees and personnel retained by it shall not consume or use alcohol, narcotics, or any other drugs, including prescription medicine, within the 24 hours preceding work in the City. 8. Contractor will act as an independent contractor and will not act as the Cities' employee or agent hereunder. Subject to the provisions hereof, Contractor shall have complete control of the means, manner and method by which it will perform services hereunder, the times at which services will be performed and the sequence of performance of these services. Subject to the provisions hereof, Contractor will furnish its own materials and bear its own costs and travel expenses. Notwithstanding the foregoing, the Chief of Police or other City designee shall be allowed to inspect and disapprove any site or deer stand. 9. Contractor shall procure and maintain for the duration of the Agreement insurance, satisfactory to the City of Oshkosh, against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of any work by the Contractor, its agents, Representatives or employees related to the Agreement, directly or indirectly, as follows: Commercial General Liability Insurance: Per occurrence bodily injury, personal injury and property damage - $1,000,000. The Contractor shall furnish the City of Oshkosh with certificates of insurance and endorsements to the policy naming the City of Oshkosh its officers and employees as an additional insured under such policies. The endorsements for each insurance policy are to be signed by a person authorized by that insurer to add the City of Oshkosh as an additional insured. 10. Contractor for itself and its agents including persons retained under the provisions of paragraph 11, successors and assigns hereby waives, releases, indemnifies and agrees to hold harmless the City of Oshkosh and its respective officers, council members, employees, agents and authorized volunteers from any claims, allegations, suits or causes of action, including those for bodily injury or death, and/or costs (including reasonable attorneys fees) incurred by the City or any person or persons in connection with, relating to or arising from (i) Contractor's or its agents' use of firearms in the City, or (ii) any negligent act or omission by Contractor or its agents, negligent act or omission by Contractor or its agents, representative, or employees arising out of this Contract. °DocuSign Envelope ID: F257EF3D-8E64-4931-13138-F11C23DD9718 11. It is mutually understood and agreed that the City of Oshkosh makes no warranty of any kind, expressed or implied, and specifically there is no warrant of any merchantability or of fitness for a particular purpose with respect to deer culling, and that the Contractor accepts all deer carcasses from the City of Oshkosh in an "as is" condition and further agrees to indemnify and hold harmless the City of Oshkosh, its elected and appointed officials, employees, agents, and subcontractors from any damages, illness, or injury arising out of the use and/or consumption of any deer carcasses culled within the City. 12. This Contract calls for the performance of personal services and as such may not be assigned or delegated by Contractor, except as specifically permitted under this Paragraph. Nothing in this Paragraph shall prevent . Contractor from retaining persons to assist Contractor with activities required under this Contract provided that Contractor shall be fully responsible for the payments to such persons and for the acts and omissions of such persons retained. 13. The Contractor, as part of the operational protocol in regards to this Contract with the City, agrees to the following; All deer and turkey harvested are to be transported inside a secure enclosed trailer. IN WITNESS WHEREOF, the parties hereto have executed this Contract on or before the date first stated Wildlife Management Services Inc. LDoWildlife Management"` City of Oshkosh Docu Signed by: City Manager 6`u elf �Jpa#vtr�