Item 16 - Award of Bid for Dead Animal Removal Svs
AGENDA REPORT SUMMARY
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TO: Honorable Mayor and Members of the City CouncIl
FROM: James L. Bowersox, City Man~
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INITIATED BY: John D. Fitch, Assistant City Manager1t ~ '!:!F';~ IN ;~
Robert L. Thomas, Director of Commun Servi~Y
Patrick R. Foley, Principal Management Analyst
DATE: June 20, 1995
SUBJEcr: Award of Bid for Dead Animal Removal Services
ABSTRACT
The City's current contract with D&D Disposal, Inc. for dead animal removal services
expires on June 30, 1995. The City has solicited proposals for this service. Staff is
recommending that the City Council award the bid for dead animal removal services to
D&D Disposal, Inc. in the amount of $41,022 over three years and authorize the City
Manager to execute the attached contract.
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
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FISCAL IMPACT
Funds have been budgeted in FY 95-96 to cover the costs for dead animal removal
services. Based on the new contract, additional funds will be budgeted in FY 96-97 and
FY 97-98.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Additional notification sent to D&D Disposal, Inc.
RECOMMENDATION
It is recommended that the City Council award the bid for dead animal removal services
to D&D Disposal, Inc. in the amount of $41,022 for Fiscal Years 95-96, 96-97, and 97-
98, and authorize the City Manager to execute the attached contract.
ACTION
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~ AGENDA REPORT
CITY OF POW A Y
This report is included on the Consent Calendar. There will be no separate discussion of the report prior to approval by the
City Council unless members of the Coundl. staff or public request it to be removed from the Consent Calendar and
discussed separately. If you wish to have this report pulled for discussion, please fill out a sUp indicating the report number
and give it to the City Clerk prior to the beginning of the City Council meeting.
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Ma~
INITIATED BY: John D. Fitch, Assistant City Manager C1)~
Robert L. Thomas, Director of Community servi~
Patrick R. Foley, Principal Management Analyst
DATE: June 20, 1995
SUBJECT: Award of Bid for Dead Animal Removal Services
BACKGROUND
The City's current contract with D&D Disposal, Inc. for dead animal removal
service expires on June 30, 1995. Requests for proposals were solicited for
the collection and removal of any and all dead animals found in the public
rights-of-way of the City of Poway. This service contract will be for a
period of three years, with an additional two, one year options.
FINDINGS
Proposals were solicited from four companies that provide dead animal removal
services. Only one bid was received. The bidder was:
Bidder Amount
D&D Disposal, Inc. $41,022 for three years
Los Angeles, CA (SI,102.50jmonth for FY 95-96 and
SI,158jmonth for FY 96-97 and
FY 97-98)
The City is currently paying Sl,102.50 per month to D&D Disposal for dead
animal removal ~
ENVIRONMENTAL REVIEW
This item is not subject to CEQA review.
ACTION:
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Agenda Report
June 20, 1995
Page 2
FISCAL IMPACT
Funds have been budgeted in FY 95-96 to cover the costs for dead animal
removal services. Based on the new contract, additional funds will be
budgeted in FY 96-97 and FY 97-98.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Additional notification sent to D&D Disposal, Inc.
RECOMMENDATION
It is recommended that the City Council award the bid for dead animal removal
services to D&D Disposal, Inc. in the amount of $41,022 for Fiscal Years 95-
96, 96-97, and 97-98, and authorize the City Manager to execute the attached
contract.
JLB:JDF:RLT:PRF
Attachment:
Dead Animal Removal Service Contract
(C:\DATA\AGEHOA\DEADANML.CON)
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CONTRACT SERVICES AGREEMENT
THIS AGREEMENT, is made at Poway, California, as of July 1, 1995, by and
between the CITY OF POWAY, (hereinafter "CITY"), and 0&0 Disposal, Inc.
(hereinafter .CONTRACTOR"), who agrees as follows:
1. Services. Subject to the terms and conditions set forth in this
Agreement, the Contractor shall provide to the City the services
described in Exhibit A, Section 1 Scope of Work. The Contractor shall
provide said services at the time, place, and in the manner specified in
the Scope of Work.
2. PaYment. The City shall pay the Contractor for services rendered
pursuant to this Agreement at the times and in the manner set forth in
Exhibit A, Section 2 Payment, and shall be the only payments to be made
to the Contractor for services rendered pursuant to this Agreement. The
Contractor shall submit all billings for said services to the City in
the manner specified in Section 2.
3. Facilities and Eauioment. The Contractor shall, at its sole cost and
expense, furnish all facilities and equipment which may be required for
furnishing services pursuant to this Agreement.
4. General Provisions. The general provisions set forth in Exhibit A are
part of this Agreement. In the event of any inconsistency between said
general provisions and any other terms or conditions of this Agreement,
the other term or condition shall control only insofar as it is
inconsistent with the general provisions.
5. Exhibits. All exhibits referred to herein are attached hereto and are
by this reference incorporated herein.
6. Term of Aareement. The term of this agreement will be for three (3)
years beginning July 1, 1995 and terminating on June 30, 1998. The
Agreement may be extended annually for an additional one (1) year each
July 1, not to exceed a grand total of five (5) years. The extension
may be granted upon written mutual agreement of the City and the
Contractor.
Executed as of the above date.
CITY OF POWAY DlD DISPOSAL, INC.
By By
James L. Bowersox, City Manager David Brownstein, President
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GENERAL PROVISIONS
1- Scooe of 1I0rk.. Contractor shall collect and remove any and all dead
animals found in the public rights-of-way of the City of Poway. Said
removal shall be done no later than 24 hours after Contractor is
notified or otherwise made aware of the animal's location.
Contractor shall dispose of dead animals in a manner authorized by law
and approved by City. Vehicles used by Contractor to transport dead
animals shall have water tight metal bodies, and any dead animals
therein shall be covered with a tarpaulin or other cover approved by
City.
The license number and/or identifying information found on all animals
picked up by Contractor shall be submitted to the County of San Diego
Department of Animal Control.
2. PaYment. The total contract price for services rendered by the
Contractor under this Agreement shall be forty-one thousand twenty-two
dollars ($41,022). Payment shall be made to the Contractor on a fixed
fee basis in the amount of $1,102.50 per month from July 1, 1995 through
June 30, 1996 and $1,158 per month from July 1, 1996 through June 30,
1998.
The Contractor shall submit monthly invoices to the City,
Attention: Community Services Department, and the City shall pay
the Contractor within 30 days of receiving a proper invoice.
A monthly activity log shall accompany said monthly invoices,
providing at a minimum: 1) the date of each pickup; 2) the source
of request for pickup when known; 3) address and/or location of
animal; and 4) type of animal.
Any additional work required beyond that set forth in the Scope of
Work shall be mutually agreed to by the City and the Contractor,
and shall be billed on a time and materials basis to the City.
3. IndeDendent Contractor. At all times during the term of this Agreement,
the Contractor shall be an independent Contractor and shall not be an
employee of the City. The City shall have the right to control the
Contractor only insofar as the results of the Contractor's services
rendered-pursuant to this Agreement; however, the City shall not have
the right to control the means by which the Contractor accomplishes
services rendered pursuant to this Agreement.
4. licenses. Permits. Etc. The Contractor represents and warrants to the
City that the Contractor has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for the
Contractor to practice the Contractor's profession. The Contractor
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represents and warrants to the City that the Contractor shall, at its
sole cost and expense, keep in effect at all times during the term of
this Agreement, any licenses, permits, and approvals which are legally
required for the Contractor to practice his profession.
5. Time. The Contractor shall devote such services pursuant to this
Agreement as may be reasonably necessary for satisfactory performance of
the Contractor's obligations pursuant to this Agreement.
6. Insurance.
(a) Workers' Comoensation. During the term of this Agreement, the
Contractor shall fully comply with the terms of the law of
California concerning workers' compensation. Said compliance
shall include, but not be limited to, maintaining in full force
and effect one or more policies of insurance insuring against any
liability the Contractor may have for workers' compensation.
(b) Liability Insurance. The Contractor shall obtain at its sole cost
and keep in full force and effect during the term of this
Agreement, broad form property damage, personal injury,
automobile, employers', and comprehensive form liability insurance
in the amount of $1,000,000 per occurrence; provided (1) that the
City, its officers, agents and employees shall be added by written
endorsement, as insureds under the policy, and (2) that the policy
shall stipulate that this insurance will operate as primary
insurance, and that (3) no other insurance effected by the City or
other named insured will be called upon to cover a loss covered
thereunder. The Contractor shall file with the Director of
Administrative Services within thirty (30) days of the execution
of this Agreement, written endorsements to its insurance policy,
which shall provide for each of the above three requirements.
(c) Certificates of Insurance. The Contractor shall file with the
City's City Clerk with this Agreement, certificates of insurance
which shall provide that no cancellation, major change in
coverage, or nonrenewal will be made during the term of this
Agreement, without thirty (30) days written notice to the Director
of Community Services prior to the effective date of such
cancellation, or change in coverage.
(d) IndemnifY and Hold Harmless. The Contractor shall indemnify, hold
harmless and assume defense of, in any actions of law or in
equity, the City, its officers, employees, agents, and elective
and appointive boards from all claims, losses, damage, including
property damage, personal injury, including death, and liability
of every kind, nature, and description arising from or connected
with the performance of this Agreement by the Contractor or of any
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person directly or indirectly employed by, or acting as agent for
the Contractor, but not including sole negligence of the City.
This indemnification shall extend to claims, losses, damage,
injury, and liability for injuries occurring after completion of
the aforesaid operations, as well as during the work's progress.
Acceptance of insurance certificates or policy endorsements
required under this Agreement does not relieve the Contractor from
liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether
or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
7. Contractor No Aqent. Except as the City may specify in writing, the
Contractor shall have no authority, express or implied, to act on behalf
of the City in any capacity whatsoever as an agent. The Contractor
shall have no authority, express or implied, pursuant to this Agreement,
to bind the City to any obligation whatsoever.
8. Assiqnment Prohibited. No party to this Agreement may assign any right
or obligation pursuant to this Agreement. Any attempted or purported
assignment shall be void and of not effect.
9. Personnel. The Contractor shall assign only competent personnel to
perform services pursuant to this Agreement. In the event that the
City, in its sole discretion, at anytime during the term of this
Agreement, desires the removal of any person or persons assigned by the
Contractor to perform services pursuant to this Agreement, the
Contractor shall remove any such person immediately upon receiving
notice from the City of the desire of the City for the removal of such
person or persons.
10. Standard of Performance. The Contractor shall perform all services
required pursuant to this Agreement in the manner and according to the
standards observed by a competent practitioner of the profession in
which the Contractor is engaged in the geographical area in which the
Contractor practices his profession. All products of whatsoever nature
which the Contractor delivers to the city pursuant to this Agreement
shall be prepared in a substantial, first-class, and workmanlike manner,
and conform to the standards of quality normally observed by a person
practicing in the Contractor's profession. The City shall be the sole
judge as to whether the product of the Contractor is satisfactory.
11. Cancellation of Aqreement. This Agreement may be canceled at any time
by the City for its convenience upon written notification to the
Contractor, not less than thirty (30) calendar days prior to
termination. The Contractor shall be entitled to receive full payment
for all services performed and all costs incurred to the date of receipt
of written notice to cease work on the project. The Contractor shall be
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entitled to no further compensation for work performed after the date of
receipt of written notice to cease work. All completed and uncompleted
products up to the date of receipt of written notice to cease work shall
become the property of the City.
12. Products of ContractinQ. All products of the Contractor shall be the
property of the City.
13. Prohibited Interests. No employee of the City shall have any direct
financial interest in this Agreement. This Agreement shall be voidable
at the option of the City if this provision is violated.
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