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HomeMy WebLinkAboutResolution - 2003-R0120 - Amendment To Agreement Related To Prarie Dog Relocation - 03_27_2003Resolution No. 2003-RO120 March 27, 2003 Item No. 21 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock, BE and is hereby authorized and directed to execute on behalf of the City of Lubbock the Amendment of Agreement (herein so called), amending the Agreement dated January 7, 2003, by and between Daryl Hogue, as Contractor, and the City of Lubbock (the "Agreement") related to the capture and/or relocation of prairie dogs from the Lubbock Land Application Site. The Amendment of Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. The City Council of the City of Lubbock further adopts, ratifies and confirms the Agreement the same as if originally approved and enacted by the City Council of the City of Lubbock. Passed by the City Council this 27th day of March 2003 ATTEST: Reb cca Garza, City Secretary APPROVED A$ —TO CONTENT: of Public Works GSM, V Dan Dennison Environmental Compliance Manager APPROVED AS TO RM: Rschard K. Casner ' Natural Resources Attorney Ke/ccdcos//PrairiedogAgrmt.Ratifty. Res March24, 2003 Resolution No. 2003 RO120 March 27, 2003 Item No. 21 AMENDMENT OF AGREEMENT WHEREAS, on or about January 7, 2003, the City of Lubbock, a Texas home - rule municipal corporation (the "City"), entered into that certain Agreement (the "Agreement") with Daryl Hogue (the "Contractor") providing for access to the LLAS, as defined in the Agreement, for the capture of burrow -dwelling wildlife, as described therein; WHEREAS, the City and Contractor desire to amend the Agreement in certain respects. NOW, THEREFORE, the City and Contractor agree to amend the Agreement as follows: 1. The following sentence is added to Paragraph 3 of the Agreement, to wit: The City shall be provided a credit of seventy-five dollars ($75.00) per every seventy-five (75) juvenile prairie dogs taken from the Occupied Lands by Contractor. 2. Paragraph 5 of the Agreement is deleted in its entirety and replaced with the following: 5. City intends to employ Contractor for a minimum of 56 hours under the terms of this Agreement. City may terminate this Agreement, without any further obligation whatsoever, effective immediately by providing notice, oral or written, to Contractor in person by telephone at (806) 781-1312 or in writing at 7525 w. 19t" Street. :Lubbock, Texas 79407. For the purposes hereof, Notice is effective when given by the City, or if mailed, on the date of posting. Unless terminated sooner, this Agreement shall expire September 1, 2003. Upon expiration of the Agreement, all rights Granted to Contractor herein shall immediately cease and terminate. The rights granted herein unto Contractor shall be exclusive during the term hereof. 3. Except as expressly amended herein, all terms and provisions of the Agreement shall remain in full force and effect as originally provided. Executed this 181" day of March 2003. CITY OF LUBBOCK MAYOR APPROVED AS TO CONTENT: Terry Eller rook Director of Public Works APPROVED AS TO FORM: �a --"-7—Richard K. Casner Natural Resources Attorney CONTRACTOR i' l Daryl Ho e, Contract L11— Rebecca Garza.: City Secretary Resolution No. 2003-R0120 AGREEMENT This AGREEMENT, date �A, 2003, is by and between Daryl Hogue, (referred to herein as "Contractor"), and the City of Lubbock, a Texas home -rule municipal corporation ("the City"). WHEREAS, the City owns and operates an effluent land application site (the "LLAS") located in Lubbock County, Texas, containing an abundance of burrow - dwelling wildlife, including black -tailed prairie dogs, burrowing owls, badgers, foxes, skunks and a variety of reptiles ("Wildlife") WHEREAS, it is necessary that the City manage the Wildlife on the LLAS to effectively, efficiently, and agronomically operate the LLAS and to comply with all rules, laws, statutes, and regulations of the State of Texas, including without limitation, the rules and regulations of the United States Fish and Wildlife Service, the Texas Commission on Environmental Quality ("TCEQ"), and the Texas Parks and Wildlife Department; WHEREAS, the City desires that no burrowing owls may be harmed in the Wildlife management activities contemplated hereby; WHEREAS, Contractor desires to enter upon the LLAS, or a portion thereof, to coordinate the evacuation and filling of burrows located in and adjacent to the center pivot -irrigated areas of the LLAS; WHEREAS, the City is amenable to Contractor performing such activity, under the terms, conditions, and limitations as set forth herein. NOW, THEREFORE, Contractor and the City agree as follows: 1. Contractor may enter upon a portion of LLAS (the "Occupied Lands"), as designated by John Hindman, Farm Manager of the LLAS, or successor, in his sole and absolute discretion, at the time or times and for the durations so specified. Further, Contractor shall close any and all gates on the LLAS and/or Occupied Lands after exiting same. Contractor shall not drive any motor vehicle upon the LLAS and/or Occupied Lands excepting along the route(s) designated by the Farm Manager. A description of the Occupied Lands and times permitted for occupancy by the Contractor are described on Exhibit "A", attached hereto. Any other occupation or use of the Occupied Lands, the LLAS, or any other non-public lands of the City, by Contractor is expressly prohibited. 2. Contractor shall comply with all rules, laws, statutes and regulations governing or affecting any activity contemplated by this Agreement (the "Applicable Law"). Contractor shall evacuate Wildlife from burrows on the LLAS, and shall do so in a humane manner and in compliance with the Applicable Law. Wildlife, once evacuated from burrows by Contractor, shall be the responsibility of Contractor. With the exception of skunks and Burrowing Owls, Contractor represents and warrants to the City that he/she has located real property to relocate any and all Wildlife captured on the Occupied Lands pursuant to the terms hereof, that the recapture and relocation activities shall be in compliance with the Applicable Law, and has secured the consent of the landowners to release the captured Wildlife on said real BurrowEvacuationAgreement.Dhogue Page 2 of 6 property and/or has made necessary business arrangements to direct Prairie Dog pups to the pet trade. Upon encountering injured or otherwise impaired Burrowing Owl(s), Contractor shall immediately contact a Licensed Wildlife Rehabilitation Center (LWRC) and render such aid as recommended by professional staff of the LWRC until said Owl(s) can be retrieved by LWRC staff. In no event shall Contractor violate any Applicable Law, including without limitation, the Federal Migratory Bird Treaty Act (16 U.S.C. 703, et seq.). To accomplish this work, Contractor shall provide at minimum a three - person crew to include Daryl Hogue, Lynda Watson and another person as yet unnamed. Each of Contractor's crew shall execute a Release containing the provisions of item 4. of this Agreement and provide photo identification proof - of the identity of the party executing the Release before entering upon the LLAS and Occupied Lands. 3. City shall provide Contractor with adequate potable water for his/her burrow evacuation activities at no cost to Contractor. City shall provide laborer(s) necessary to immediately fill burrows evacuated by Contractor. City shall pay the rate of $75.00 per hour for the services contemplated in this Agreement. In the event inclement weather (rain, snow or sleet and/or temperature below 50 degrees Fahrenheit) causes work begun under non -inclement weather conditions to cease in less than 3 hours from beginning, City shall guarantee minimum payment of 3 hours ($225.00) . Otherwise, City shall pay only for hours actually worked. City shall provide the compensation provided for BurrowEvacuationAgreement.Dhogue Page 3 of herein to Contractor and Contractor shall be responsible for compensating all members of his crew. 4. CONTRACTOR, BY THE EXECUTION HEREOF, RELEASES CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND/OR INDEPENDENT CONTRACTORS, FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, COST OR DAMAGE, OF ANY KIND OR NATURE INCURRED, SUSTAINED, RELATED TO, OR AS A RESULT OF ANY OF THE ACTIVITIES CONTEMPLATED BY THIS AGREEMENT AND/OR THE CONTRACTORS' OCCUPATION OF THE OCCUPIED LANDS, THE LLAS AND/OR OTHER LANDS OWNED BY CITY 5. City intends to employ Contractor for a minimum of 56 hours under the terms of this Agreement. However, (i) in the event that Lynda Watson is incapacitated or otherwise prevented from being a member of Contractor's crew, or (ii) the City deems it necessary or advisable, in its sole discretion, City may terminate the Agreement immediately without any further obligation. Unless terminated sooner as provided herein, this Agreement shall expire 30 days from the date of execution by the City Manager of the City of Lubbock. Upon expiration of this Agreement, all rights granted to Contractor herein shall immediately cease and terminate. BurrowEvacuationAgreement.Dhogue Page 4 of 6 6. In the event Contractor or any member of his/her crew, shall breach or fail to comply with any term or provision of this Agreement, City may exercise any and all actions against Contractor and seek any remedies available to it by law, contract, equity, or otherwise. 7. In no event shall the compensation provided herein exceed the contracting authority of the City Manager of the City of Lubbock. C Y OF LUBBOCK Bob Cass, City Manager Date: APPROVED AS TO CONTENT: terry E erbrook Director of Public Works APPROVED AS TO F Richard K. Casner Natural Resources Attorney Richard/BurrowEvacuationAgreement.Dholt.redlinedaccptd January 6, 2002 �ApQr0yQdb $trfRfl' WiNam D. de Maas — corttract. A9anagar 0A.'ram BurrowEvacuationAgreement.Dholt Page 5 of 6 EXHIBIT "A" 1. [Land Description] 2. Contractor is permitted to capture Wildlife upon the Occupied Lands on and during the hours of and M. BurrowEvacuationAgreement.Dholt Page 6 of 6