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Item 16 - Award of Bid for Dead Animal Removal Svs AGENDA REPORT SUMMARY ~ - TO: Honorable Mayor and Members of the City CouncIl FROM: James L. Bowersox, City Man~ - 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. - 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 - 1 of 8 JUN 2 0 1995 ITEM 16 ---.-." ------- .~-~.- ~ 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: 2 of 8 JUN 2 0 1995 ITEM 16 ' J - 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) . JUN 2. 0 1995 ITEM 16 3 of 8 ------~-,---,.- 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 1 JUN 2 0 1995 ITEM 16 4 of 8 . - 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 2 JUN 2 0 1995 ITEM 16 5 of 8 ~_.__._. _.,--------~'- 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 3 JUN 2 0 1995 ITEM 16 6 of 8 . 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 4 JUN 2 0 1995 ITEM 16 i 7 of 8 ----~ --~- 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. 5 JUN 2 0 1995 ITEM 16 8 Of 8