HomeMy WebLinkAboutR-1996-094 Agreement / Valley Livestock / Forage Grass RemovalRESOLUTION NO. R-96- 4
A RESOLUTION authorizing and directing the City Manager and the City Clerk of
the City of Yakima to execute an agreement with Ken A. Marquis,
d/b/a Valley Livestock, for the sale and removal of forage grass.
WHEREAS, the City owns, operates, and maintains a ninety-five acre industrial
waste sprayfield (hereafter the "sprayfield") adjacent to the City Wastewater
Treatment Plant; and
WHEREAS, the sprayfield contains reed canary grass, paddock meadow brome,
legacy alfalfa, and rye (hereafter collectively referred to as "grasses"); and
WHEREAS, the grasses are green chopped, removed from the sprayfield, and
stockpiled by the City; and
WHEREAS, the City desires to sell and have these harvested grasses removed
from City property; and
WHEREAS, the City utilized a public bid process in order to obtain bids for the
purchase and removal of the grasses from the sprayfield; and
WHEREAS, Ken A. Marquis, d/b/a Valley Livestock, was the successful bidder
and desires to purchase and remove the grasses in accordance with the terms and
conditions of the attached agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into an agreement with Ken A. Marquis, d/b/a Valley Livestock, for
the sale, purchase, and removal of said grasses in accordance with the terms and
conditions of the attached agreement; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached and incorporated agreement with
Ken A. Marquis, d/b/a Valley Livestock, for the sale, purchase, and removal of
grasses from the industrial waste sprayfield located adjacent to the City Wastewater
Treatment Plant.
ADOPTED BY THE CITY COUNCIL this h. day of , 1996.
ATTEST: Lynn Buchanan, Mayor
City Clerk
(lalr..l ter ape Tru. pm
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FORAGE GRASS AGREEMENT
THIS FORAGE GRASS AGREEMENT is made and entered into by and
between the City of Yakima, a Washington municipal corporation (hereafter the
"City"), and Ken A. Marquis, d/b/a Valley Livestock (hereafter "Valley
Livestock")
WHEREAS, the City owns, operates, and maintains a ninety-five (95) acre
industrial waste sprayfield (hereafter the "sprayfield") adjacent to the City
Wastewater Treatment Plant.
WHEREAS, the sprayfield contains reed canary grass., paddock meadow
brome, legacy alfalfa, and rye (hereafter collectively referred to as "grasses")
WHEREAS, the grasses are green chopped, removed from the sprayfield,
and stockpiled by the City
WHEREAS, the City desires to sell and have these harvested grasses
removed from City property
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the City and
Valley Livestock as follows
1. Purchase, Loading, and Removal of Grasses.
a Valley Livestock agrees to purchase all grasses harvested
from the sprayfield at the rate of Two Dollars and Five Cents
($2 05) per ton Harvested grasses shall be weighed by the City
utilizing weighing facilities located at the Wastewater Treatment
Plant at the time of delivery to Valley Livestock.
b The City shall assist with the loading of harvested grasses
onto Valley Livestock's vehicle(s)
c Valley Livestock agrees to remove all harvested grasses in a
timely manner Specifically, Valley Livestock shall remove all
harvested grasses from City property at and adjacent to the
Wastewater Treatment Plant on a weekly basis during the cutting
season Valley Livestock shall not permit any harvested grasses to
remain at said property more than seven (7) calendar days after
harvest/cut of such grasses
2. Use of Grasses. Valley Livestock shall be solely responsible for
determining how to utilize and the use of the grasses purchased and removed
pursuant to this Agreement.
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3. Term. This Agreement shall commence upon execution hereof and shall
continue to the 31st day of December, 1996, and shall be automatically
renewed from year to year, under the same terms and conditions, unless
terminated by either party or superseded by another agreement.
4. Payment. Valley Livestock shall pay the City for all grasses harvested
from the sprayfield by the City and received by Valley Livestock at the rate of
Two Dollars and Five Cents ($2 05) per ton. The City shall submit to Valley
Livestock monthly invoices describing the amount of grasses received by Valley
Livestock for that month. Valley Livestock shall pay the City the entire amount
of each monthly invoice within thirty (30) calendar days of receipt of such
monthly invoice
5. Status of Valley Livestock Valley Livestock and the City understand
and expressly agree that Valley Livestock is an independent contractor in the
performance of each and every part of this Agreement. Valley Livestock and its
employees shall make no claim of City employment nor shall claim against the
City any related employment benefits, social security, and/or retirement.
6. Taxes and Assessments. Valley Livestock shall be solely responsible for
compensating its employees and for paying all related taxes, deductions, and
assessments, including but not limited to, federal income tax, FICA, social
security tax, assessments for unemployment and industrial injury, and other
deductions from income which may be required by law or assessed against
either party as a result of this Agreement. In the event the City is assessed a
tax or assessment as a result of this Agreement, Valley Livestock shall pay the
same before it becomes due
7. Nondiscrimination Provision. During the performance of this
Agreement, Valley Livestock shall not discriminate on the basis of race, age,
color, sex, religion, national origin, creed, marital status, political affiliation, or
the presence of any sensory, mental or physical handicap This provision shall
include but not be limited to the following• employment, upgrading, demotion,
transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training
8. Compliance with Law. Valley Livestock agrees to perform this
Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory
body, whether federal, state, local, or otherwise, including the procurement of
all necessary and applicable permits or licenses.
9. No Insurance. It is understood the City does not maintain liability
insurance for Valley Livestock and/or its employees.
10. Indemnification and Hold Harmless. Valley Livestock agrees to
protect, defend, indemnify, and hold harmless the City, its elected officials,
agents, officers, employees from any and all claims, demands, losses, liens,
liabilities, penalties, fines, lawsuits, and other proceedings and all judgments,
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awards, costs and expenses (including attorneys' fees and disbursements)
resulting from Valley Livestock's performance and/or non-performance of this
Agreement, and any use of the harvested grasses purchased and removed
pursuant to this Agreement.
11. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by Valley
Livestock to any other person or entity without the prior written consent of the
City In the event that such prior written consent to an assignment is granted,
then the assignee shall assume all duties, obligations, and liabilities of Valley
Livestock stated herein.
12. Termination. Either party may terminate this Agreement, with or
without cause, by giving the other party thirty (30) days written notice of
termination.
13. Severability. If any portion of this Agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the Agreement shall
remain in full force and effect.
14. Integration. This written document constitutes the entire agreement
between the City and Valley Livestock. There are no other oral or written
Agreements between the parties as to the subjects covered herein. No changes
or additions to this Agreement shall be valid or binding upon either party
unless such change or addition be in writing and executed by both parties
15. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent to the parties to their addresses as follows.
TO CITY
Wastewater Manager
Wastewater Treatment Plant
2220 East Viola
Yakima, WA 98901
TO VALLEY LIVESTOCK. Ken A. Marquis
Valley Livestock
1912 South Tenth Avenue
Union Gap, WA 98903
or to such other addresses as the parties may hereafter designate in writing
Notices and/or demands shall be sent by registered or certified mail, postage
prepaid. Such notices shall be deemed effective when mailed or hand delivered
at the addresses specified above
16. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
17. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
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1l.laq[/forage graaa.p.
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IN WITNESS WHEREOF, the parries have caused this Agreement to be
executed this 15 day of August , 1996
CITY OF YAKIMA
By.
R. A. Zais, Jr , City Manager
ATTEST.
VALLEY LIVESTOCK -
By;
en A. Marquis
Its
City Clerk
STATE OF WASHINGTON )
ss.
County of Yakima
v•a 9 (� ? 5
I certify that I know or have satisfactory evidence that Ken A. Marquis is
the person who appeared before me, and said person acknowledged that he
signed this instrument, on oath stated that he was authorized to execute the
instrument and acknowledged it, as the owner of Valley
Livestock, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED 8/15/96
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l Is) agr/forage grass. pn
NOTARY PUBLIC in and for the State
of Washington, residing at Yakima
My commission expires 3/ 1 /L U U U
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. )1)
For Meeting Of 8/6/96
ITEM TITLE: Industrial Waste Sprayfield Forage Grass
Agreement
SUBMITTED BY: Chris Waarvick, Wastewater Superintendent
Bruce Bates, Assistant Wastewater Superintendent
CONTACT PERSON/TELEPHONE: Chris Waarvick/575-6078
SUMMARY EXPLANATION:
The Yakima Wastewater Treatment Facility includes a 95 acre Industrial Waste Sprayfield
upon which over 30 million gallons of high strength fruit waste is annually sprayed and
treated. In order to properly treat the fruit waste, the City raises a mixture of grasses (canary,
rye, brome, and alfalfa), which must be harvested and removed from the sprayfield on a
regular basis. Past forage removal options have included cattle grazing and contract mowing
and baling. Cattle grazing was discontinued to reduce nitrate loading in the groundwater
according to recommendations in the 1995 Industrial Waste Sprayfield Study. Contract
mowing and baling was minimally successful because of rocky soils and difficulties in
scheduling mowing and baling with irrigation schedules. City forces currently harvest the
grass with a forage cutter and haul the grass to local farmers who use it for cattle feed and
bedding. This proposed contract calls for the successful vendor to pick up and haul the
forage for their own use after the forage has been harvested from the sprayfield by City
forces. This allows the City to harvest the forage in harmony with irrigation schedules without
interrupting work projects. We estimate that $8,000-$10,000 will be saved in labor, fuel, and
vehicle maintenance when staff no longer have to haul the forage to its ultimate destination.
Resolution X Ordinance _Contract X Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve attached resolution which authorizes the City
Manager to execute the attached Forage Grass Pick Up and Hauling Contract with Valley
Livestock.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolultion adopted. Resolution No. R-96-94
BID NO. 19623
DATE July 11. 1996
BID CALL » NOT AN ORD:
CITY OF YAKIMA
PURCHASING DIVISION
129 NO. 2ND STREET
YAKIMA, WASHINGTON 98901
VENDOR 141 ley L /e/C5 lock
ADDRESS /f % Z .S a i'fAj -12-d
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PLEASE QUOTE ON THIS FORM.
RETURN MARKED "NO BID"
IF YOU CANNOT QUOTE,
AND REASON IN ORDER TO
PHONE 575-6093 REMAIN ON VENDOR LIST.
TO BIDDER:
PLEASE QUOTE YOUR HIGHEST PRICE AND
CITY RESERVES THE RIGHT TO REJECT ANY
CONTRACT WITHIN 60 CALENDAR DAYS.
QUOTATIONS WILL BE RECEIVED
UNTIL 2:00 p.m.. July 22. 1996
BID OPENING 2:00 p.m.. July 22. 1996
BEST PICK UP DATE FOR THE FOLLOWING. THE
OR ALL BIDS. THE CITY INTENDS 10 AWARD THIS
The City of Yakima is accepting bids on cut
forage grasses harvested at the Yakima
Wastewater Facility.
The City of Yakima operates and maintains a 95
acre Industrial Waste Sprayfield, adjacent to the
Wastewater Treatment Plant. The Sprayfield
contains Reeds Canary Grass, Paddock Meadow
Brome, Legacy Alfalfa, And Rye.. These grasses
are green chopped throughout the growing
season, to maintain the Sprayfield and promote
treatment of fruit wastes.
Projected quantities of green chopped grass is 50
tons per cutting with 4 cuttings per growing
season. Projection of grass quantity is an
estimate only. It is not to be construed as a
guarantee of quantity.
The grasses are green chopped, removed from the
field and stock piled. The successful bidder will
be responsible for arranging hauling of harvested
grasses in a timely manner. Bids will be accepted
on a per ton basis.
Minimum bid is one dollar per ton.
Weighing capabilities are available at the
Wastewater Treatment Plant. The City can assist
with loading the chopped grass on the successful
bidder's trucks.
The successful bidder will be required to enter a
contract arrangement with the City of Yakima. A
sample contract is attached for you review.
QTY UNIT DESCRIPTION TOTAL
1 Ton Removal of harvested forage grasses as described $ :0 5
above.
List the vehicle(s) in which you will be picking up
the grasses:
Vie...
By signing below, I agree to not permit any
harvested grasses to remain at said property more
than seven (7) calendar days after harvest/cut of
such grasses.
I (we) shall remove all harvested grasses from the
City of Yakima Wastewater Treatment Plant every
days.
TO THE PURCHASING AGENT OF THE CITY OF YAKIMA:
DATE 7 //% 19 SIGNED /7z44
COMPANY Vg/Z1
BUSINESS TELEPHONE NUMBER: 5'.5-71,5-6//
FAX TELEPHONE NUMBER:
BOXIX 19523 2 7n0/96