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HomeMy WebLinkAbouturban wildlife specialists 12/30/2008PROFESSIONAL SERVICE CONTRACT BETWEEN CITY OF OSHKOSH AND URBAN WILDLIFE SPECIALISTS, INC. THIS AGREEMENT made and entered into this 30` day of December, 2008 by and between CITY OF OSHKOSH (hereinafter "the City ") and URBAN WILDLIFE SPECIALISTS, INC. (hereinafter the "Contractor "). WHEREAS, the City has been issued a deer removal permit by the Wisconsin Department of Natural Resources (DNR) for the lethal removal of white - tailed deer from within the boundaries of the City. WHEREAS, it is necessary for the City to retain the services of highly skilled marksmen for the lethal removal of deer from the City. WHEREAS, the Contractor is willing to provide the services of highly skilled marksmen for, the lethal removal of deer from the City. NOW THEREFORE, in consideration of the mutual covenants and agreements of the parties, the City and the Contractor covenant and agree as follows: 1. Contractor is hereby retained by the City to perform the selective culling of up to forty (40) deer from the City property, pursuant to the deer removal permit issued by the DNR. Following the removal of up to forty (40) deer, the Contractor may agree to the removal of additional deer as deemed desirable by the City and as authorized by DNR permit. Contractor agrees to perform all services under this agreement in a timely, workmanlike and safe manner to the best of its ability, experience, talent and in accordance with the DNR permit and all terms of this agreement. 2. Contractor agrees to use its best independent judgment and skill in performing the services required under this contract. The Contract shall expire on the earlier (1) Dec 30, 2009 (2) the date the number of deer to be culled is reached, (3) the date either party shall terminate the contract by giving of written notice to the other party of such termination. 4. The City shall indicate to the Contractor the sites and available times at which services may be performed. The Contractor shall determine the procedures, method and actual times for performing services, and shall contact designated representative for the City and provide him /her with such information. Contractor shall notify the City Police Dispatcher prior to each deer removal operation. 5. The Contractor will receive a payment of $125.00 per deer removed. This fee is for sharpshooting, transporting, and coordination of carcass disposition with DNR and City personnel. Payment to the Contractor shall be at the end of each month during which a deer is removed. 6. The Contractor shall notify City personnel following the removal of each deer and shall store deer carcasses at a location designated by the City. The City will be responsible for disposal of culled deer. 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 24 hours preceding work in the City. 8. Subject to provisions hereof, Contractor and City Personnel shall determine the means, manner, and method by which it will perform services hereunder, the times at which services will be preformed and the sequence of performance of these services. The Contractor will furnish its own materials and bear its own costs and travel expenses. 9. Contractor shall procure and maintain for the duration of the Contract insurance, satisfactory to the City, 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 Contract, either directly or indirectly as follows: Commercial General Liability: Per occurrence bodily injury, personal injury and property damage - $1,000,000. 10. Contractor for itself and its successors and assigns hereby waives, release, indemnifies and agrees to hold harmless the City and its respective officers, employees and agents from any and all claims arising out of any injury to the contractor or its employees or property, including death or bodily injury, which may arise from the performance of Contractors duties in the City under the terms and conditions of this Contract. 11. 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 the 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. 2 12. The City will procure bait (shelled corn) and spread the bait at the appropriate sites and keep these sites adequately stocked with bait throughout the duration of deer removal operations. The City shall maintain access to all bait sites sufficient for 2 -wheel drive vehicles throughout the duration of deer removal operations. 13. Contractor will determine the make, model and caliber of firearms to be used and will use military -grade muzzle suppressers ( "silencers ") as authorized by the Federal Bureau of Alcohol, Tobacco and Firearms. 14. The City shall respond, as deemed appropriate by the City, to any and all inquiries from the public and news media regarding all aspects of deer management in the City and shall not make public any information specifically refated to the identity of Contractor personnel, employees and vehicles. 15. The City and Contractor mutually agree that conditions, beyond the control of either party, may prohibit or reduce the ability of the Contractor to remove the total number of deer specified in paragraph 1. Such conditions as may exist or occur include, but are not limited to, weather conditions (warm temperatures, lack of snow cover, etc...), civil or legal actions brought by third parties, public disturbance of bait sites or shooting areas, harassment of Contractor employees or personnel. IN WITNESS WHEREOF, the parties hereto have executed this contract on or before the date first stated herein. URBAN WILDLIFE SPECIALISTS, INC. By 7 Date /c) CITY OF OSHKOSH, CITY CLERK P-A-14 UBRIG i CITY OF OSHKOSH, CITY ATTORNEY LYNN ORENSON B - Date CITY OF OSHKOSH, CITY MANAGER MARK ROHLOFF B Date OF OSHKOSH, FINANCE DIRECTOR WSTEVNO �. 3