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HomeMy WebLinkAboutWildlife Management Services 1/27/2012 PROFESSIONAL SERVICE CONTRACT BETWEEN THE CITY OF OSHKOSH AND WILDLIFE MANAGEMENT SERVICES INC. THIS AGREEMENT made and entered into this 27h Day of January 2012 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 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 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 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 in the City, pursuant to the policy, management plan, and the deer 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 services required under this Agreement. 4. This Agreement shall expire on the earlier of(1) April 1st, 2012, (2) the date that the number of deer 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 making of the payments hereunder. 5. The Contractor shall determine the procedures, methods, and actual times for performing services, 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. 6. The Contractor shall receive an initial fee of$785.00 as payment for preliminary preparations, including the setting up of culling sites and additional insurance costs. The Contractor shall provide blinds, if necessary, at no additional cost. In addition, Contractor shall receive payment of$195.00 per deer culled. This per deer 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. 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. 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 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. Andy L adron/President Wildli f e Mana g ement l�, City of Oshkosh Mark Rohloff,City Manager 712^ 01-41-6 Peggy Steeno, Finance Director 2241(9,3c9A10 Lynn Lorenson, City Attorney •, 16 hi a_: . 1 r' )� Pam Ubrig, City Clerk (°:- GS198886 ....+� ` DATE(MM/DD/YYYY) AWRr3 CERTIFICATE OF LIABILITY INSURANCE 01/3172012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: SANDRA ZINGEN & BRAUN INS AGENCY (PAHR N, Ext). 262-781-4000 (NC, No): 262-781-1015 INC ADDRESS Sandi @zingenbraun.com BROOKFIELD WI PRODUCER C/O:SCOBIE GROUP - TOWER CUSTOMER ID#. SPECIAL INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA:Western Heritage Insurance C 0 WILDLIFE MANAGEMENT INSURER B: P.O. BOX 311 INSURER c: SUSSEX WI 5308 9 INSURER D: INSURERE: ___.... ._...__...... _.._._..._. __._.....__ ..._._.___...... INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO ND CATED.CNOTWITHSTANDING POLICIES REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENNT ABOVE FOR THE WITH RESPECT TOLWHICH PERIOD THIS HAVE BEEN ISSUED TO THE INSURED CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE CE ADDL SUER POLICY EFF POLICY EXP LIMITS OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) GENERAL LIABILITY X SCP 0 8 4 912 2 07/01/2011 07/01/2012 EACH OCCURRENCE $1, 000,000 DAMAGETO RENTED A X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 100,000 CLAIMS-MADE I X I OCCUR MED EXP(Any one person) $ 1,000 PERSONAL&ADV INJURY $1,0 0 0,0 0 0 GENERAL AGGREGATE $2,000,000 PRODUCTS-COMPIOP AGG $ INCLUDED GEN'L AGGREGATE LIMIT APPLIES PER PRO- $ 7 POLICY JFCT !. LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ (Per accident) HIRED AUTOS $ NON-OWNED AUTOS $ UMBRELLA LIAB _ OCCUR _EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ ................__......_.__..._.... $ DEDUCTIBLE $ RETENTION $ WC STATU- OTH- WORKERS COMPENSATION TORY LIMITS TR AND EMPLOYERS LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A E.L.DISEASE-EA EMPLOYEE $ (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/CERTIFICATE Additional more POLICY. CERTIFICATE HOLDER CANCELLATION ATTN: BUSINESS SERVICES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN DEPARTMENT ACCORDANCE WITH THE POLICY PROVISIONS. VULCAN MATERIALS COMPANY AND ITS SUBSIDIARIES AND/OR AFFILIATES AUTHORIZED REPRESENTATI 1000 E WARRENVILLE RD, STE 100 NAPERVILLE IL 60563-1444 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD G S 19'8 8 8 6 �,.rr•` 0 DATE(MMIDD/YYYY) ACCYRD CERTIFICATE OF LIABILITY INSURANCE 01/31/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). ONTA PRODUCER NAME:CT SANDRA ZINGEN & BRAUN INS AGENCY PHONE 262-781-4000 FAX INC Ext): (A/C,No): 262-781-1015 BROOKFIELD WI ADDRESS Sandi @zingenbraun.COm C/O:SCOBIE GROUP - TOWER CUSSTTOMEER RIDrt. SPECIAL INSURER(S)AFFORDING COVERAGE NAIC S INSURED INSURERA:Western Heritage Insurance C 0 WILDLIFE MANAGEMENT INSURER B: P.O. BOX 311 SUSSEX WI 53089 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY X S CP 0 8 4 912 2 07/01/2011 07/01/2012 EACH OCCURRENCE $1,000,000 DAMAGE T A X COMMERCIAL GENERAL LIABILITY PREMISES Ea RENTE ence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 1,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ INCLUDED PRO- -1 POLICY ECT LOG $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE HIRED AUTOS (Per accident) NON-OWNED AUTOS $ _ UMBRELLA LIAB OCCUR EACH OCCURRENCE _$ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y I N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A — (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 1 01,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED ON ABOVE POLICY. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF OSHKOSH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: CITY CLERK ACCORDANCE WITH THE POLICY PROVISIONS. ITS OFFICERS & EMPLOYEES 215 CHURCH AVENUE AUTHORIZED REPRESENTATI BOX 1130 OSHKOSH WI 54903-1130 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD 420 Jackson Street Oshkosh,WI 54901 Tel: 920-236-5720 I City of Oshkosh Fax:920-236-5087 E sgreuel @ci.oshkosh.wi.us Police Department www.oshkoshpd.com PROFESSIONALISM • PRIDE • INTEGRITY • TEAMWORK Scott D. Greuel 1$53 Chief of Police February 14, 2012 Chad Dallman Parks Department City of Oshkosh Dear Mr. Dallman; Pursuant to the authority granted me in Oshkosh City Ordinance 17-4(A), the Wildlife Management Group of Sussex, Wisconsin is approved by me to discharge or fire any gun or firearm within the limits of the city of Oshkosh for the purpose of culling deer in the Vulcan Quarry area between the dates of February 16, 2012 and April 30, 2012. I have discussed the logistics of the deer culling plan with you, and I am satisfied that the operational plan, safety record of the sharpshooters, method of shooting and type of firearm and ammunition to be used will ensure a safe deer culling operation. Professionally, getC)/(A/A,“-Q Scott D. Greuel Chief of Police City of Oshkosh The Mission of the Oshkosh Police Department is to promote public safety and to enhance the quality of life in our community through innovative policing and community partnerships