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90-0627 Field Agreement-Pest Control c1 RESOLUTION AUTHORIZING EXECUTION OF A FIELD AGREEMENT WITH THE ILLINOIS DEPARTMENT OF AGRICULTURE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute a Field Agreement on behalf of the City of Elgin with the Illinois Department of Agriculture for the control of bird pests, rodents and predatory animals, a copy of which is attached hereto and made a part hereof by reference. George VanDeVoorde, Mayor Presented: June 27, 1990 Adopted: Vote: Yeas Nays Recorded: Attest: Dolonna Mecum, City Clerk r r ?/f/90 Gtr6b-K4/0/py= eZ2.0y6- Illinois Department of Conservation life and land together LINCOLN TOWER PLAZA • 524 SOUTH SECOND STREET • SPRINGFIELD 62701-1787 CHICAGO OFFICE • ROOM 4-300 • 100 WEST RANDOLPH 60601 MARK FRECH, DIRECTOR - KATHY SELCKE, ASSISTANT DIRECTOR July 10, 1990 Mr. Larry Rice Elgin Police Department 150 Dexter Court Elgin, IL 60120 708/695-6500 - Ext. 200 Dear Mr. Rice: Enclosed is your copy of the approved Field Agreement for Nuisance Animal Control. Please note that it does not have an expiration date; therefore, you will not be required to renew your Agreement annually. However, I would appreciate receiving the annual report of work accomplished. This will enable the Department to accurately record accomplishments by all cooperators each year. Thank you for your assistance in the control of nuisance urban wildlife. Sincerely, G.dte)7T&Ztr— Robert Bluett Nuisance Animal Program Division of Wildlife Resources RB:la cc Scott Garrow Enclosures t eh Liii2.0 rS1 r : d . 11."" 111149( 74745r FIELD AGREEMENT Pursuant to Chapter 8, Section 233 of the Illinois Revised Statutes, and other related sections concerning the control of bird pests, rodents and predatory animals, the ILLINOIS DEPARTMENT OF AGRICULTURE hereby executes this Field Agreement with Elgin Police Department hereafter referred to as the Contractor, and authorizes said Contractor to perform such actions as are necessary and authorized ' , by the aforedescribed statute. 1. The Contractor who enters this Field Agreement acknowledges that he is operating on a voluntary basis and shall not be compensated'' either by the ILLINOIS DEPARTMENT OF AGRICULTURE or the ILLINOIS DEPARTMENT OF CONSERVATION. 2. The parties hereto acknowledge that the Contractor is an independent contractor and shall have full and total responsibility for any state, federal or local taxes arising out of work or receipts for work, as well as compliance with all laws concerning Workman's Compensation or other employee benefit laws for the persons under the jurisdiction and control of the Contractor. 3. It is acknowledged by the parties hereto that the Contractor and all persons performing pursuant to this Field Agreement hereby agree to indemnify and hold harmless the ILLINOIS DEPARTMENT OF AGRICULTURE and the ILLINOIS DEPARTMENT OF CONSERVATION, their agents, officers and employees, from any liability for injuries to their person, whether for bodily injury, sickness, mental anguish or death, of the Contractor or persons performing pursuant to this Field Agreement or persons injured by the Contractor or persons performing pursuant to this Field Agreement for activities carried out pursuant to this Field Agreement and as to claims for any damage to any of their property. 4. The Contractor and all persons performing pursuant to this Field Agreement hereby release the ILLINOIS DEPARTMENT OF AGRICULTURE and the ILLINOIS DEPARTMENT OF CONSERVATION from any liability for -1- injuries to their person, whether for bodily injury, sickness, mental anguish or death, and claims for any damage to any of their property. 5. The parties hereto acknowledge that the Contractor will be entitled to establish such fees for services to be rendered and that no part of such fees shall become the property of or belong to either the ILLINOIS DEPARTMENT OF AGRICULTURE or the ILLINOIS DEPARTMENT OF CONSERVATION. 6. In carrying out the provisions of this Field Agreement, the Contractor agrees that only box traps or cushion-hold traps will be used when trapping on land. Wh.an trapping in water, body-gripping (Conibear-type) • traps and leghold traps may be used in addition to the trap types permitted for land sets. The only cushion-hold traps currently on the market which may be used for land sets by Field Agreement contractors include the following: a. Number 112 Woodstream Soft-Catch Fox Trap b. Number 3 Woodstream Soft-Catch Coyote Trap The original design of the Woodstream Soft-Catch traps shall not be modified; specifically, the center-mounted swivel, 6-inch chain, shock-absorbing spring, staking swivel, jaw springs, or padded jaws. Chain extensions not to exceed two inches are permitted in attaching the staking swivel to the trap stake. Additional attachments to the traps are not allowed for staking purposes. The Contractor also agrees to obey the regulations set forth in parts (a) , (b), (c), (d) , (f) , (h) , and (j ) of Paragraph 2.33a, Chapter 61, Illinois Revised Statutes. All traps used by the Contractor must be marked or tagged with metal tags or inscribed in lettering giving his name and address. 7. The Contractor acknowledges that all wildlife trapped alive will be released into suitable habitat on the nearest public or private land available. The Contractor must contact the site supervisor, tenant, or owner of said location prior to the release and secure written authorization to make such releases. In the event that threatened or endangered species are involved, the release must be directed by the Endangered Species Program Coordinator. 8. Any wildlife that is killed as the result of the removal efforts by the Contractor may be turned over to the Conservation Police Officer for the county in which the removal took place or disposed of by burying. -2- 9. Should the Contractor or any person under his control or authorization, sell the hides and/or carcasses of nuisance wildlife, this Field Agreement shall be immediately revoked and thereafter, said Contractor will not be eligible to participate in the program and may be subject to prosecution as is set forth in the Illinois Wildlife Code. 10. Prior to the renewal of this Field Agreement, the Contractor must submit to the ILLINOIS DEPA1PMENT OF CONSERVATION, • at least two (2 ) weeks prior to the expiration of this Field Agreement, a report on: a. Number of wildlife complaints serviced; b. Numbers of wildlife, by species, trapped alive, released, and site released on; c. Numbers of wildlife, by species, destroyed and method of disposal; a44rec& a44 tole ons aumbcr of each `i u.41 servir�� 11. Under no circumstances will the Contractor under this Field Agreement initiate control of any migratory bird species without specific authority as granted by the United States Depart- ment of Agriculture. Attached and incorporated herein is a listing of the Federally Protected Species. 12. Under no circumstances will the Contractor under this Field Agreement initiate control of any white-tailed deer. All complaints received by persons under contract involving white- tailed deer shall be referred to: Forest Wildlife Program Manager Monmouth, Illinois 61462 Telephone (309) 374-2492 13. The Contractor under this Field Agreement shall send the required annual report to: Illinois Department of Conservation Division of Wildlife Resources Attention: Field Agreements 524 S. 2nd Street Springfield, Illinois 62706 14. When required, the Contractor under this Field Agreement shall contact the Endangered Species Program Coordinator at the following address: -3- k.. !'•* ICip.,..; f)„,. 00. ,'1•'f 'c' . It in i . . 4 ii • Endangered Species Program Coordinator Illinois Department of Conservation 600 North Grand Avenue West Springfield, Illinois 62706 Telephone (217) 782-2361 15. When required, the Contractor under this Field Agreement shall con- tact the United States Dept. of Agriculture at the following address: ' U. S. Department of Agriculture Animal Damage Control Room 105, 600 East Monroe Street Springfield, Illinois 62701 Telephone (217 ) 492-4308 16. The Contractor under this Field Agreement is authorized to control nuisance wildlife only in the following geographical area: Incorporated areas of Elgin, Illinois 17. The Contractor under this Field Agreement is authorized to control nuisance wildlife only of the following species: Unprotected snakes, lizards, birds, and mammals, and all wild birds and mammals defined as Protected Species by Paragraph 2.2, Chapter 61, Illinois revised Statutes except: 1) white-tailed deer, 2) migratory bird species which may be controlled only when specific authority is granted by the U.S. Dept. of Agriculture per item 11 of this contract, and 3) any threatenedor endangered species as defined by Paragraph 332, Chapter 8, Illinois Revised Statutes, or listed in Part 1010, Chapter I, Title 17 Illinois Administrative Code. 18. This Field Agreement expires December 31, 1990 . DATED this 27thday of ne , A. D. 1990 N Signature I ;C-LC-y___; -e___-e Name (please print-) LARRY RICE First Middle initial Last Address 150 (iPxtPr ('niirt City Elgin County Kane IL 60120 Zip Code Telephone ( 708 ) 695-6500 Ext .20 of birth DEPARTMENT OF AGRICULTURE � '� it - ILLINOIS ,e lr By: Chief Veterinarian Chief Veterinarian, Bureau of AMMAWEQIEAMMAL WELFARE ILLINOIS DEPARTMENT OF CONSERV ON By: Division of Wildlife Resources RETURN COMPLETED FORM TO: Illinois Department of Conservation Div. of Wildlife Resources - Field Agreements Lincoln Tower Plaza, 524 S. 2nd Street Springfield, Illinois 62706 Telephone (217) 782-6384 -4- 11/87