RPVCCA_CC_SR_2015_02_17_02_Peafowl_Management_PlanF
IL
�-,ICITY OFRANCHO
PALOS VERDES
TO: HONORABLE MAYOR & CIT COUNCIL MEMBERS
FROM: JOEL ROJAS, COMMUNITY D �PT DIRECTOR
DATE: FEBRUARY 17, 2015
SUBJECT: VENDOR SERVICE AGREEMENT TO ASSIST IN PREPARING A
PEAFOWL MANAGEMENT PLAN
REVIEWED: CAROLYNN PETRO, ACTING CITY MANAGER
Staff Coordinator: Ara Mihranian, Deputy Community Development Direc
Daniel Pitts, Code Enforcement Officer
RECOMMENDATION
Authorize the Mayor and City Clerk to sign a Professional Service Agreement with
Wildlife Services in the amount of $28,650 for peafowl trapping and other peafowl
management assistance.
2. Adopt Resolution No. 2015-_ approving a budget appropriation in an amount of
$31,515 for peafowl trapping and peafowl management assistance.
3. Given that the peafowl trapping vendor has identified July 15th to March 31St as the
most appropriate time of the year to humanely trap peafowl, direct Staff to present the
City's Peafowl Management Plan to the City Council by May 2015 for public input and
discussion.
BACKGROUND
On November 18, 2014, Staff presented the June and October 2014 Peafowl Census
Reports for the Council's review. According to the Census Reports, peafowl within the
following five neighborhoods: Portuguese Bend, Vista Grande, Crestridge, Sunnyside, and
Monte Verde have increased since the last census was conducted in 2009. Additionally,
throughout 2014, the City experienced an increase in resident complaints regarding
peafowl with the majority of the complaints coming from the Vista Grande neighborhood.
In light of the increase in peafowl population in the surveyed neighborhoods combined with
a recent increase in resident complaints, including the tenor of the public comments
2-1
2015 PEAFOWL MANAGEMENT PLAN
FEBRUARY 17, 2014 CC MEETING
PAGE 2
expressed at the November 18th meeting, the City Council directed Staff to move forward
with the development of a peafowl trapping and management plan. Thus, the Council this
evening is being asked to enter into a professional service agreement for peafowl trapping
and other professional management services and to appropriate the necessary funding to
cover costs for this service.
DISCUSSION
In response to the Council's November 18th directive, Staff issued a Request for Proposal
(RFP) to four vendors that conduct peafowl trapping services. According to the RFP, the
scope of work was generally described to include the following:
Peafowl Trapping
• Describe optimal time periods or seasons to trap,
• Identify the cost to trap and relocate each bird,
• Describe the cost associated with having a representative monitor the cages daily
per State of California Department of Fish and Wildlife, Fish and Game Code
4004(d),
• Describe the methods used to humanely trap and relocate peafowl,
• Identify the location(s) were the trapped peafowl will be taken to, and
• Provide any additional information pertaining to trapping and relocating peafowl.
Peafowl Management Plan
• Describe deterrent measures that private citizens can implement to minimize
peafowl activity on their private property. (i.e. tree trimming, lighting, water, etc.),
• Describe public awareness opportunities,
• Provide educational materials (i.e. reference resources), and
• Describe alternative methods, aside from trapping, to reduce peafowl population
(i.e. birth control).
As a result of the RFP, Staff received cost proposals from two vendors: Urban Wildlife
Trapping Experts and Wildlife Services. Staff interviewed both vendors and after careful
consideration including experience, capability and cost, Staff believes that Wildlife Services
is the vendor that best matches the requirements needed to successfully remove peafowl
from identified City neighborhoods and to relocate the birds outside the City where the
birds are wanted and will thrive. Wildlife Services is experienced and familiar with the
scope of work and the area since they were the City -hired trapper in 2009 and they also
currently provide similar trapping and management services to the City of La Canada
Flintridge. In terms of cost, with the possibility of trapping and relocating up to 150 birds,
staff estimates the cost for this service to be $28,650 plus a 10% contingency of $2,865 for
a total cost of $31,515, as itemized on the following page:
2-2
2015 PEAFOWL MANAGEMENT PLAN
FEBRUARY 17, 2014 CC MEETING
PAGE 3
Service
Cost
Total
Trapping of up to 150 birds
$175 per bird
$26,250
20 hrs of non -trapping services
$65 per hour
$1,300
5 cages
$200 per cage
$1,000
Insurance
$1000 per year
$1,000
Cost
$28,650
10% Contingency
$2,865
Total Cost
$31,515
According to Wildlife Services, the cost to trap more than 50 birds would be at a rate of
$175 per bird ($200 per bird for the trapping of less than 50 birds). This cost includes
mileage, monitoring, and relocating the birds to a City -approved location. There is also a
$200 one-time cost per cage to cover materials and labor to construct customized cages
that the City will own for future use. A $65 per hour fee will be charged for services in
addition to trapping, such as removing nests, participating in public outreach, and assisting
Staff with preparing the City's Peafowl Management Plan. Lastly, a $1000 fee is being
charged to obtain the City required Commercial general, auto insurance and worker's
compensation insurance. In order to ensure the trapper is being compensated for actual
birds trapped and relocated, the trapper will submit reports (within 24 hours) to the City
photo documenting the captured bird and its relocation. It should be noted that the cost
proposal from Urban Wildlife Trapping Experts for equivalent services was estimated to
range between $45,300 and $75,800 depending on the number of birds trapped and the
time duration.
Based on the aforementioned, Staff recommends that the City Council execute a
professional service agreement with Wildlife Services and appropriate $31,515 from the
General Fund for peafowl trapping and management services.
ADDITIONAL INFORMATION
Peafowl Management Plan
Once the professional service agreement is in place, Staff will work closely with Wildlife
Services in preparing the Peafowl Management Plan which will be provided to the City
Council for review by May of this year. The Management Plan will identify the number of
birds to trap in neighborhoods, procedures for trapping, as well as a public education
component. It should be noted that a similar management plan was prepared by Wildlife
Services for the City of La Canada Flintridge and that this task should be completed within
a short period of time.
Future Public Notification
To ensure residents are aware of potential trapping, all residents within the five City
2-3
2015 PEAFOWL MANAGEMENT PLAN
FEBRUARY 17, 2014 CC MEETING
PAGE 4
neighborhoods that are slated for trapping will be notified of when the Council will be
reviewing and considering the Peafowl Management Plan.
Timing of Peafowl Trapping
During the interview process, Staff learned that the most appropriate time to trap peafowl is
between July 15th to March 31St. This period is outside the peafowl nesting/hatching
season and allows chicks to flock with their peahen before being able to function on their
own. According to Wildlife Services, this is the most humane time period to conduct
trapping. That said, peafowl trapping is not expected to occur until July 15tH
Alternatives to Trapping
In addition to trapping, during the breeding season, if nests are located, as part of the
hourly rate services such nests can be removed thus reducing the overall peafowl.
According to Wildlife Services, removing eggs from the nest is considered a humane
industry standard that is commonly used to control peafowl population. The key to
removing eggs humanely is through the use of a method called "candling" to determine
whether the egg is near hatching. This is achieved by using a high intensity flashlight to
view the development of the embryo to determine whether the egg is near hatching, which
under this scenario would be left to hatch.
At the November 18th meeting, some Council members mentioned using a form of aviary
birth control as an alternative method to trapping and managing the Peafowl population.
The referenced birth control is known in the industry as "OvoControl." According to Wildlife
Services, this product is only approved for use in pigeons and there may be some major
issues that would make this product ineffective for peafowl birth control and potentially
detrimental to native bird species. In addition to ensuring that the pellets are only
consumed by pigeons, the product must be consumed on a daily basis during breeding
season which would be difficult to control. Further, according to the manufacturer, the
pellets can only be placed on a flat cement surface. For these reasons, it is not
recommended as an alternative to trapping.
ALTERNATIVES
In addition to Staff's recommendation, the following alternatives are available for the City
Council's consideration:
Direct Staff to solicit additional cost proposals for peafowl trapping services;
2. Direct Staff to not proceed with a Trapping Program at this time but to continue
monitoring citizen complaints and provide educational information about co -existing
with peafowl to residents in peafowl neighborhoods; and,
3. Direct Staff to not prepare a Trapping Program at this time but to conduct another
2-4
2015 PEAFOWL MANAGEMENT PLAN
FEBRUARY 17, 2014 CC MEETING
PAGE 5
peafowl census during Spring 2015 to determine if there are further changes in the
peafowl population.
ATTACHMENTS:
Professional Service Agreement
Resolution No. 2015 -XX (Budget Appropriation)
Wildlife Services Proposal
2-5
CITY OF RANCHO PALOS VERDES
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 18th day of
February, 2015, by and between the City of Rancho Palos Verdes (hereinafter referred
to as the "CITY") and Wildlife Services (hereafter referred to as "VENDOR").
ARTICLE 1
SCOPE OF SERVICES
1.1 Description of Services
VENDOR shall perform professional services for the City by preparing a Peafowl
Management Plan encompassing the following scope of work:
(a) Peafowl Trapping — VENDOR shall conduct peafowl trapping in the
following five neighborhoods: Portuguese Bend, Vista Grande, Crestridge, Sunnyside,
and Monte Verde; subject to the following criteria:
• Trap up to 150 birds
• Perform trapping between August 1, 2015 and April 1, 2016
• Relocate each bird to a City -approved location
• Photo document and report each trapped bird to the City within 24
hours of its removal from the City
• Monitor the cages used for trapping per State of California
Department of Fish and Wildlife, Fish and Game Code 4004(d)
• Methods used to trap and relocate peafowl must be conducted
humanely
(b) Peafowl Management Plan — VENDOR shall assist the City in the
preparation of a Peafowl Management Plan that shall include the following components:
• Describe deterrent measures that private citizens can implement to
minimize peafowl activity on their private property. (i.e. tree
trimming, lighting, water, etc.),
• Describe public awareness opportunities,
• Provide educational materials (i.e. reference resources), and
• Describe alternative methods, aside from trapping, to reduce
peafowl population (i.e. birth control).
(c) When requested, VENDOR shall attend and participate in City
meetings with CITY staff, as well as City Council meetings, which are necessary for the
development and implementation of the Peafowl Management Plan. Additionally, when
requested, VENDOR may be asked to perform services aside from trapping, such as
removing nests. VENDOR shall be compensated by CITY for any meeting or non -
trapping related service that is requested by CITY at the rate of $65 per hour.
2-6
(d) All final reports, information, data and exhibits prepared or
assembled by VENDOR in connection with the performance of its services pursuant to
this Agreement are confidential until released by CITY to the public, and VENDOR
agrees that they shall not be made available to any individual or organization without
prior written consent of the CITY prior to such release. All such reports, information,
data and exhibits shall be delivered to CITY upon demand without additional cost or
expense to CITY. All charts, tables, figures, and maps, which are prepared with
computer-based mapping or spreadsheet programs, shall be provided to CITY in a
format that is acceptable to CITY.
(e) This agreement and the scope of work to be performed by
VENDOR may only be amended in a written document executed by both of the parties
to this agreement.
1.2 Schedule of Work
Upon receipt of a written Notice to Proceed from the CITY, VENDOR shall
perform with due diligence the services requested by the CITY. Time is of the essence
in this Agreement. VENDOR shall not be responsible for delay, nor shall VENDOR be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of CITY to furnish timely information or
to approve or disapprove VENDOR's work promptly, or delay by CITY, or any other
delays beyond VENDOR's control or without VENDOR's fault.
ARTICLE 2
COMPENSATION
2.1 Fee
CITY agrees to compensate VENDOR an amount not to exceed twenty-
eight thousand six hundred fifty dollars ($28,650) for the services described in Article 1.
2.2 Terms of Compensation
VENDOR shall submit monthly invoices for the work completed in the
previous month. CITY agrees to authorize payment for all undisputed invoice amounts
within thirty (30) days of receipt of each invoice. CITY agrees to use its best efforts to
notify VENDOR of any disputed invoice amounts within ten (10) days of the receipt of
each invoice. However, CITY's failure to timely notify VENDOR of a disputed amount
shall not be deemed a waiver of CITY's right to challenge such amount.
Additionally, in the event CITY fails to pay any undisputed amounts due
VENDOR within forty-five (45) days after invoices are received by CITY, then CITY
agrees that VENDOR shall have the right to consider said default a total breach of this
Agreement and be terminated by VENDOR without liability to VENDOR upon ten (10)
working days advance written notice to CITY.
Page 2 of 10 2-7
2.3 Additional Services
CITY may request additional specified work under this Agreement. All
such work must be authorized in writing by the CITY's City Manager prior to
commencement. VENDOR shall perform such services, and CITY shall pay for such
additional services at the rate of $65.00 per hour.
2.4 Term of Agreement
This Agreement shall commence on February 18, 2015, and shall
terminate on March 31, 2016.
ARTICLE 3
INDEMNIFICATION AND INSURANCE
3.1 Indemnification
To the maximum extent permitted by law, VENDOR shall defend,
indemnify, and hold the CITY, its officials, officers, employees, agents and independent
contractors serving in the role of CITY officials, and volunteers (collectively
"Indemnitees") free and harmless from any and all claims, demands, causes of action,
costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or
persons, including wrongful death (collectively "Claims"), in any manner arising out of or
incident to any acts or omissions of VENDOR, its officers, employees or agents in
connection with the performance of this Agreement, including without limitation the
payment of all consequential damages, attorneys' fees, and other related costs and
expenses, except for such Claims arising out of the sole negligence or willful
misconduct of the Indemnitees. With respect to any and all such Claims, VENDOR
shall defend Indemnitees at VENDOR's own cost, expense, and risk and shall pay and
satisfy any judgment, award, or decree that may be rendered against Indemnitees.
VENDOR shall reimburse Indemnitees for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity herein
provided. VENDOR's obligation to indemnify shall not be restricted to insurance
proceeds, if any, received by VENDOR or Indemnitees. All duties of VENDOR under
this Section shall survive termination of this Agreement.
3.2 General Liability
VENDOR shall at all times during the term of the Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Commercial General
Liability Insurance, with minimum limits of one million dollars ($1,000,000) for each
occurrence and two million dollars ($2,000,000) general aggregate for bodily injury,
death, loss or property damage for products or completed operations and any and all
other activities undertaken by VENDOR in the performance of this Agreement. Said
policy or policies shall be issued by an insurer admitted or authorized to do business in
the State of California and rated in A.M. Best's Insurance Guide with a rating of A:VII or
better.
Page 3 of 10 2.8
3.3 Automobile Liability
VENDOR shall at all times during the term of this Agreement obtain,
maintain, and keep in full force and effect, a policy or policies of Automobile Liability
Insurance, with minimum of one million dollars ($1,000,000) per claim and occurrence
and two million dollars ($2,000,000) in the aggregate for bodily injuries or death of one
person and five hundred thousand dollars ($500,000) for property damage arising from
one incident. Said policy or policies shall be issued by an insurer admitted or
authorized to do business in the State of California and rated in A.M. Best's Insurance
Guide with a rating of A:VII or better.
3.4 Worker's Compensation
VENDOR agrees to maintain in force at all times during the performance of work
under this Agreement worker's compensation insurance as required by the law.
VENDOR shall require any subcontractor similarly to provide such compensation
insurance for their respective employees.
3.5 Notice of Cancellation
(a) All insurance policies shall provide that the insurance coverage
shall not be cancelled or modified by the insurance carrier without thirty (30) days prior
written notice to CITY, or ten (10) days notice if cancellation is due to nonpayment of
premium. Additionally, VENDOR shall provide immediate notice to the CITY if
VENDOR receives a cancellation or policy revision notice from the insurer.
(b) VENDOR agrees that it will not cancel or reduce any required
insurance coverage. VENDOR agrees that if it does not keep the aforesaid insurance in
full force and effect, CITY may either immediately terminate this Agreement or, if
insurance is available at a reasonable cost, CITY may take out the necessary insurance
and pay, at VENDOR's expense, the premium thereon.
3.6 Certificates of Insurance
At all times during the term of this Agreement, VENDOR shall maintain on
file with the CITY Clerk certificates of insurance showing that the aforesaid policies are
in effect in the required amounts. The commercial general liability policy shall contain
endorsements naming the CITY, its officers, agents and employees as additional
insureds.
3.7 Primary Coverage
The insurance provided by VENDOR shall be primary to any coverage
available to CITY. The insurance policies (other than workers compensation) shall
include provisions for waiver of subrogation.
Page 4 of 10 2.9
ARTICLE 4
TERMINATION
4.1 Termination of Agreement
(a) This Agreement may be terminated at any time, with or without
cause, by the CITY upon thirty (30) days prior written notice or by VENDOR upon ninety
(90) days prior written notice. Notice shall be deemed served if completed in
compliance with Section 6.15.
(b) In the event of termination or cancellation of this Agreement by
VENDOR or CITY, due to no fault or failure of performance by VENDOR, VENDOR
shall be paid compensation for all services performed by VENDOR, in an amount to be
determined as follows: for work satisfactorily done in accordance with all of the terms
and provisions of this Agreement as determined by the CITY, VENDOR shall be paid for
said services performed prior to the effective date of termination or cancellation in
accordance with the work items; provided, in no event shall the amount of money paid
under the foregoing provisions of this paragraph exceed the amount which would have
been paid to VENDOR for the full performance of the services described in Section 2.1
of this Agreement.
ARTICLE 5
OWNERSHIP OF DOCUMENTS
5.1 Ownership of Documents and Work Product
All final documents, plans, specifications, reports, information, data,
exhibits, photographs, images, video files and media created or developed by VENDOR
pursuant to this Agreement ("Written Products") shall be and remain the property of the
CITY without restriction or limitation upon its use, duplication or dissemination by the
CITY. All Written Products shall be considered "works made for hire," and all Written
Products and any and all intellectual property rights arising from their creation,
including, but not limited to, all copyrights and other proprietary rights, shall be and
remain the property of the CITY without restriction or limitation upon their use,
duplication or dissemination by the CITY. VENDOR shall not obtain or attempt to obtain
copyright protection as to any Written Products.
VENDOR hereby assigns to the CITY all ownership and any and all
intellectual property rights to the Written Products that are not otherwise vested in the
CITY pursuant to the paragraph directly above this one.
VENDOR warrants and represents that it has secured all necessary
licenses, consents or approvals to use any instrumentality, thing or component as to
which any intellectual property right exists, including computer software, used in the
rendering of the services and the production of all Written Products produced under this
Agreement, and that the CITY has full legal title to and the right to reproduce the Written
Products. VENDOR shall defend, indemnify and hold the CITY, and its elected officials,
officers, employees, servants, attorneys, designated volunteers, and agents serving as
Page 5 of 10 2-10
independent contractors in the role of CITY officials, harmless from any loss, claim or
liability in any way related to a claim that CITY's use of any of the Written Products is
violating federal, state or local laws, or any contractual provisions, or any laws relating
to trade names, licenses, franchises, copyrights, patents or other means of protecting
intellectual property rights and/or interests in products or inventions. VENDOR shall
bear all costs arising from the use of patented, copyrighted, trade secret or trademarked
documents, materials, equipment, devices or processes in connection with its provision
of the services and Written Products produced under this Agreement. In the event the
use of any of the Written Products or other deliverables hereunder by the CITY is held
to constitute an infringement and the use of any of the same is enjoined, VENDOR, at
its expense, shall: (a) secure for CITY the right to continue using the Written Products
and other deliverables by suspension of any injunction, or by procuring a license or
licenses for CITY; or (b) modify the Written Products and other deliverables so that they
become non -infringing while remaining in compliance with the requirements of this
Agreement. This covenant shall survive the termination of this Agreement.
Upon termination, abandonment or suspension of the Project, the
VENDOR shall deliver to the CITY all Written Products and other deliverables related to
the Project without additional cost or expense to the CITY. If VENDOR prepares a
document on a computer, VENDOR shall provide CITY with said document both in a
printed format and in an electronic format that is acceptable to the CITY.
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
The CITY representative shall be the Director of Community Development
or his or her designee, and Mike Maxcy shall be VENDOR's designated representative.
These individuals shall be the primary contact persons for the parties regarding
performance of this Agreement.
6.2 Fair Employment Practices/Equal Opportunity Acts
In the performance of this Agreement, VENDOR shall comply with all
applicable provisions of the California Fair Employment Practices Act (California
Government Code Sections 12940-48), the applicable equal employment provisions of
the Civil Rights Act of 1964 (42 U.S.C. 200e-217), and the Americans with Disabilities
Act of 1990 (42 U.S.C. § 11200, et seq.).
6.3 Audit
The CITY or its representative shall have the option of inspecting,
auditing, or inspecting and auditing all records and other written materials used by
VENDOR in preparing its billings to the CITY as a condition precedent to any payment
to VENDOR. VENDOR will promptly furnish documents requested by the CITY.
Page 6 of 10 2-11
6.4 Personnel
VENDOR represents that it has, or shall secure at its own expense, all
personnel required to perform VENDOR's services under this Agreement. Mike Maxcy
shall be the principal person who will perform VENDOR'S services under this
Agreement. If Mr. Maxcy is unable to perform said services, VENDOR shall advise CITY
immediately and shall obtain CITY'S approval before replacing Mr. Maxcy with any
other individual. VENDOR may associate with or employ associates or subcontractors
in the performance of its services under this Agreement, but at all times shall VENDOR
be responsible for its associates and subcontractors' services.
6.5 VENDOR's Representations
VENDOR represents, covenants and agrees that: a) VENDOR is licensed,
qualified, and capable of furnishing the labor, materials, and expertise necessary to
perform the services in accordance with the terms and conditions set forth in this
Agreement; b) there are no obligations, commitments, or impediments of any kind that
will limit or prevent VENDOR's full performance under this Agreement; and c) to the
extent required by the standard of practice, VENDOR has investigated and considered
the scope of services performed, has carefully considered how the services should be
performed, and understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement.
6.6 Conflicts of Interest
VENDOR agrees not to accept any employment or representation during
the term of this Agreement or within twelve (12) months after completion of the work
under this Agreement which is or may likely make VENDOR "financially interested" (as
provided in California Government Code Sections 1090 and 87100) in any decisions
made by CITY on any matter in connection with which VENDOR has been retained
pursuant to this Agreement.
6.7 Legal Action
(a) Should either party to this Agreement bring legal action against the
other, the validity, interpretation, and performance of this Agreement shall be controlled
by and construed under the laws of the State of California, excluding California's choice
of law rules. Venue for any such action relating to this Agreement shall be in the Los
Angeles County Superior Court.
(b) If any legal action or other proceeding, including action for
declaratory relief, is brought for the enforcement of this Agreement or because of an
alleged dispute, breach, default or misrepresentation in connection with this Agreement,
the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees,
and other costs, in addition to any other relief to which the party may be entitled.
(c) Should any legal action between CITY and a party other than
VENDOR require the testimony of VENDOR when there is no allegation that VENDOR
Page 7 of 10 2-12
was negligent, CITY shall compensate VENDOR for its testimony and preparation to
testify at the hourly rates in effect at the time of such testimony.
6.8 Assignment
Neither this Agreement nor any part thereof shall be assigned by
VENDOR without the prior written consent of the CITY. Any such purported assignment
without written consent shall be null and void, and VENDOR shall hold harmless,
defend and indemnify the CITY and its officers, officials, employees, agents and
representatives with respect to any claim, demand or action arising from any
unauthorized assignment.
Notwithstanding the above, VENDOR may use the services of persons
and entities not in VENDOR's direct employ, when it is appropriate and customary to do
so.
6.9 Independent Contractor
VENDOR is and shall at all times remain, as to the CITY, a wholly
independent contractor. Neither the CITY nor any of its agents shall have control over
the conduct of VENDOR or any of the VENDOR's employees, except as herein set
forth, and VENDOR is free to dispose of all portions of its time and activities which it is
not obligated to devote to the CITY in such a manner and to such persons, firms, or
corporations as the VENDOR wishes except as expressly provided in this Agreement.
VENDOR shall have no power to incur any debt, obligation, or liability on behalf of the
CITY or otherwise act on behalf of the CITY as an agent. VENDOR shall not, at any
time or in any manner, represent that it or any of its agents, servants or employees, are
in any manner agents, servants or employees of CITY. VENDOR agrees to pay all
required taxes on amounts paid to VENDOR under this Agreement, and to indemnify
and hold the CITY harmless from any and all taxes, assessments, penalties, and
interest asserted against the CITY by reason of the independent contractor relationship
created by this Agreement. VENDOR shall fully comply with the workers' compensation
law regarding VENDOR and its employees. VENDOR further agrees to indemnify and
hold the CITY harmless from any failure of VENDOR to comply with applicable workers'
compensation laws. The CITY shall have the right to offset against the amount of any
fees due to VENDOR under this Agreement any amount due to the CITY from VENDOR
as a result of its failure to promptly pay to the CITY any reimbursement or
indemnification arising under this Article.
6.10 Titles
The titles used in this Agreement are for general reference only and are
not part of the Agreement.
6.11 Entire Agreement
This Agreement, including any other documents incorporated herein by
specific reference, represents the entire and integrated agreement between CITY and
Page 8 of 10 2-13
VENDOR and supersedes all prior negotiations, representations or agreements, either
written or oral. This Agreement may be modified or amended, or provisions or breach
may be waived, only by subsequent written agreement signed by both parties.
6.12 Construction
In the event of any asserted ambiguity in, or dispute regarding the
interpretation of any matter herein, the interpretation of this Agreement shall not be
resolved by any rules of interpretation providing for interpretation against the party who
causes the uncertainty to exist or against the party who drafted the Agreement or who
drafted that portion of the Agreement.
6.13 Non -Waiver of Terms, Rights and Remedies
Waiver by either party of any one or more of the conditions of performance
under this Agreement shall not be a waiver of any other condition of performance under
this Agreement. In no event shall the making by the CITY of any payment to VENDOR
constitute or be construed as a waiver by the CITY of any breach of covenant, or any
default which may then exist on the part of VENDOR, and the making of any such
payment by the CITY shall in no way impair or prejudice any right or remedy available to
the CITY with regard to such breach or default.
6.14 Severability
If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement shall continue in full force and effect.
6.15 Notice
Except as otherwise required by law, any notice, payment or other
communication authorized or required by this Agreement shall be in writing and shall be
deemed received on (a) the day of delivery if delivered by hand or overnight courier
service during CITY's regular business hours or (b) on the third business day following
deposit in the United States mail, postage prepaid, to the addresses listed below, or at
such other address as one party may notify the other:
To CITY:
Responsible Person: Joel Rojas, Director of Community Development
City of Rancho Palos Verdes
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
Page 9 of 10 2-14
To VENDOR:
Michael Maxcy
Wildlife Services
1760 Wychoff Ave
Simi Valley, CA 93063
6.16 Business License Required
During the term of this Agreement, VENDOR shall obtain and maintain a City Business
License.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date and year first above written.
Dated:
Dated:
ATTEST
("VENDOR")
By:
Printed Name:
Title:
By:
Printed Name:
Title:
CITY OF RANCHO PALOS VERDES
("CITY")
By:
Mayor
APPROVED AS TO FORM
is
Page 10 of 10
2-15
RESOLUTION NO. 2015 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, AMENDING RESOLUTION 2014-41, THE BUDGET APPROPRIATION
FOR FY14-15, TO ADJUST THE BUDGET IN THE GENERAL FUND
WHEREAS, Section 3.32 of the Rancho Palos Verdes Municipal Code provides
that all expenditures in excess of budgeted allocations must be by supplemental
appropriation of the City Council: and
WHEREAS, on June 17, 2014, the City Council of the City of Rancho Palos
Verdes adopted Resolution 2014-41, approving a spending plan and appropriating a
budget for FY14-15: and
WHEREAS, On November 18, 2014, the City Council directed Staff to enlist
professional vendor services to develop a peafowl trapping and peafowl management
plan.
BE IT, THEREFORE, RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES:
The following adjustment is made to the FY14-15 budget:
General Fund
Animal Control Professional Services 101-1025-421-32-00 $31,515
PASSED, APPROVED, AND ADOPTED THE 17th DAY OF FEBRUARY 2015.
MAYOR
ATTEST:
CITY CLERK
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I, CARLA MORREALE, City Clerk of The City of Rancho Palos Verdes, hereby certify
that the above Resolution No. 2015- was duly and regularly passed and adopted by
the said City Council at regular meeting thereof held on February 17, 2015.
CITY CLERK
CITY OF RANCHO PALOS VERDES
2-16
WILDLIFE SERVICES
1760 WYCHOFF AVE
SIMI VALLEY, CA 93063
(626) 827-2282
PEACOCKPRO@YAHOO.COM
PROPOSAL FOR PEAFOWL MANAGEMENT PROGRAM FOR THE CITY OF RANCHO PALOS VERDES
PEAFOWL TRAPPING
Trapping Season will take place from July 15 — March 31. Generally, nesting/hatching season takes place
from April to May. Peacocks, (males), can be trapped year long.
Cost for trapping and relocating is $175 per bird.
Traps will be visited and maintained a minimum of once every 24hrs per Fish & Game code 4004(d) at
no additional cost.
Traps are designed in a way where peafowl enter and cannot exit. My traps are large walk-ins that can
humanely hold several birds at once. Food and water are used as bait and remain available to the
trapped peafowl. Once trapped, I will safely net and remove the birds.
Peafowl are relocated to caring homes outside of the Palos Verdes peninsula. Over the last 9 years I
have been able to cultivate a list qualified care givers who have the adequate space and husbandry
knowledge to foster these relocated birds. Names, addresses and phone numbers are available upon the
request of a city official.
My preferred method is to set up traps in the backyards of willing residents. This allows protection and
privacy from individuals who may disagree with this program, preventing damaging of the traps and
releasing of trapped birds.
PEAFOWL MANAGEMENT PLAN
Educating the residents of RPV is a crucial part of maintaining a successful management program. I have
been involved in managing peafowl since 1999, during this time I have come to realize how polarizing
peafowl can be to a community. Allowing both sides to vent while remaining neutral has been most
effective for me. I always make time to talk to the residents about the best methods to maintain a
peafowl free yard or explain my methods of trapping and relocating. I hand out cards with my cell # and
always encourage healthy conversations. Brochures and pamphlets are an option but I have found that
one on one conversations work best.
NONTRAPPING POPULATION REDUCTION METHODS:
The only effective method I have used to control populations other than trapping is removing eggs from
the nest. By industry standards this is considered a humane practice and is commonly used. The trick is
being able to find the nest and know when the optimal time for removal would be. This is accomplished
using a technique called candling. Candling is the process of using light from a high intensity flashlight to
view the development of the embryo. This process will enable to determine whether the chick is near
hatching or the egg was just laid showing nothing but the yolk.
2-17
QUALIFICATIONS
I am the owner and sole operator of Wildlife Services.
I have worked with the city of La Canada-Flintridge since 1999 as there peafowl consultant. I have
assisted the City of Rancho Palos Verdes in 2009 & 2010 removing over 70 peafowl. I have also removed
and relocated peafowl for residents is San Gabriel and San Marino. I have relocated over 150 peafowl
since 2006.
I anticipate that the process of trapping and relocating approximately 150 peafowl can be accomplished
during a single trapping season from July 15 - March 31. 1 can erect a minimum of three large walk-in
traps, rotating them among approved city locations during this time.
The fee of $175 per bird includes travel time, break down and set up of traps, relocation and any other
actions necessary in the process required for the trapping and removal of peafowl. All other services
required by the city such mandatory meetings, public forums, nest removal will require a fee of $65.00/ hr.
Please feel free to contact me with any questions or concerns.
Mike Maxcy
(626) 827-2282
2-18
REFERENCES
Kevin Chun
Director of Administrative Services
1327 Foothill Boulevard
La Canada Flintridge, CA 91011
(818) 790-8880
kchun .lcf.ca.gov
Sydne Yankojongbloed
Mary & Joseph Retreat Center
5300 Crest Road
Rancho Palos Verdes, CA 90275
310-493-3380
Peter Castro
Senior Management Analyst
1327 Foothill Boulevard
La Canada Flintridge, CA 91011
818-822-2749
pcastro@lcf.ca.gov
2-19