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HomeMy WebLinkAboutR-1990-D5831 J. B. RanchesRESOLUTION NO. D»5831 A RESOLUTION authorizing the execution of a contract with Jim Holderby d/b/a J. B. Ranches for sprayfield maintenance and service. WHEREAS, the City of Yakima operates a 100 -acre industri- al waste sprayfield site located at the Wastewater Treatment Plant; and WHEREAS, this sprayfield site has been designed for the purpose of treating approximately 70 million gallons of indus- trial waste flows per season; and hHEREAS, the City of Yakima has a duty to operate the industrial waste sprayfield under the conditions and require- ments set forth in their national pollution discharge elimina- tion system permit, and WHEREAS, the City desires to ascertain through a trial basis whether a viable soil and protective hay crop can be grown according to soil conversation service recommendations chile utilizing industrial wastewater for irrigation; and hHEREAS, Jim Holderby d/b/a J. B. Ranches has expressed interest in and is willing to work closely with the City on recultivation, planting, and harvesting of the City fields, and WHEREAS, an agreement with Jim Holderby d/b/a J. B. Ranches to provide these services to the City of Yakima is in the best interest of the City of Yakima, now, therefore BE IT RESOLVED BY THE CITY COONCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized to execute the attached and incorporated Agreement for Sprayfield (resisprayfld.jt) Maintenance and Service with Jim Holderbv d/b/a J. B. Ranches. ADOPTED BY THE CITY COUNCIL this CIA day o 1990. ATTEST' City Clerk (res/spravfld.jt) AGREEMENT FOR SPRAYFIELD MAINTENANCE AND SERVICE WHEREAS, the City of Yakima operates a 100 -acre industrial waste sprayfield site located at the Wastewater Treatment Plant, 2220 East Viola Avenue within the City of Yakima; and WHEREAS, this sprayfield site has been designed for the pur- pose of treating approximately 70 million gallons of industrial waste flows per season; and WHEREAS, the industrial waste season typically runs from August 1 to November 15 of each calendar year; and WHEREAS, the City of Yakima has a duty to operate the indus- trial waste sprayfield under the conditions and requirements set forth in their national pollution discharge elimination system permit; and WHEREAS, the City desires to ascertain through a trial basis whether a viable soil and protective hay crop can be grown accord- ing to soil conservation service recommendations while utilizing industrial wastewater for irrigation; and WHEREAS, Jim Holderby d/b/a J. B. Ranches has expressed inter- est in and is willing to work closely with the City on reculti- vation, planting, and harvesting of the City fields. NOW, THEREFORE, in consideration of the mutual promises and conditions contained in this Agreement, the parties agree as fol- lows: This Agreement is entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter called "City") and Jim Holderby, d/b/a J. B. Ranches (hereinafter called "J. B. Ranches"), The City operates approximately a 100 -acre industrial waste sprayfield site located at the Wastewater Treatment Plant. The City agrees to make available at its option, all or a portion of said site to J. B. Ranches to raise necessary and recommended crops. - 1 - (agr/sprayfld.jt) J. B. Ranches agrees to cultivate, re -seed, mow, bail, fertil- ize, harvest, and perform any and all other necessary farming operations to raise the necessary and recommended crops on said industrial waste sprayfield and in a manner to treat the industrial waste. The City agrees that in exchange for J. B. Ranches' labor, time, materials, and other consideration put forth to meet the above requirements, J. B. Ranches will receive the crop in full which it harvests from said industrial waste sprayfield. J. B. Ranches will provide all labor and equipment associated with the harvesting and raising of crops including but not limited to seed, fertilizer, and labor. The City will provide all labor and equipment associated with the soil testing, irrigation, roadway repairs, and water testing. J. B. Ranches will raise only those crops recommended and agreed upon by the City of Yakima. No party shall pay the other any monetary consideration. This Agreement shall terminate one (1) year from its effective date. The parties may renew this Agreement by mutual consent for one-year terms thereafter. Either party may terminate this Agree- ment early on the giving the other party sixty (60) days written notice of termination. The City makes no representations, guarantees, or assertions that successful crops will grow at said industrial waste spray - field. J. B. Ranches shall be responsible for payment of all state, federal, or local taxes, including sales, leasehold, income, or other taxes, if any, that become due as a result of this Agree- ment. J. B. Ranches shall defend, indemnify, and hold harmless the City, its officers, agent, and employees from any and all claims (agr/sprayfld. jt) and damages resulting from J. B. Ranches performance of this Agree- ment. JIM HOLDERBY D/B/A J. B. RANCHES 6410 DESMARAIS ROAD MOXEE, WA 98936 Date: (agr/sprayfld.jt) RICHARD A. ZAIS, JR. CITY MANAGER CITY OF YAKIMA 129 NORTH 2ND STREET YAKIMA, WA 98901 By: Its: City Manager Attest: p. City Clerk (T( •:-.ONTPAcr NC: