HomeMy WebLinkAboutR-1991-D5998 Contract / Doman / LD MAR / Sprayfield•
RESOLUTION NO. D 5 9 9 8
A RESOLUTION authorizing the execution of a contract with Larry
Doman d/b/a LD MAR Farms for a sprayfield grazing and forage operation.
WHEREAS, the City of Yakima operates a 100 -acre industrial 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 industrial waste flows per
season; and
WHEREAS, the City of Yakima has a duty to operate the industrial
waste sprayfield under the conditions and requirements set forth in their
national pollution discharge elimination system permit; and
WHEREAS, the City desires to allow cattle to graze on the Industrial
Waste Sprayfield for the purpose of removing vegetation and improving
conditions for Industrial Wastewater Treatment.
WHEREAS, Larry Doman d/b/a/ LD MAR Farms has expressed
interest in and is willing to work closely with the City on a grazing operation
of the City fields, and
WHEREAS, an agreement with Larry Doman d/b/a LD MAR Farms 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 COUNCIL OF THE CITY OF YAKIMA.
The City Manager and City Clerk are hereby authorized to execute the
attached and incorporated Agreement for sprayfield maintenance and service
v- with Larry Doman d/b/a LD MAR Farms.
ADOFI ED BY THE CITY COUNCIL THIS &/ DAY
1991
ayor
ATTEST
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AGREEMENT FOR SPRAYFIELD MAINTENANCE AND SERVICE
WHEREAS, the City of Yakima operates a 100 -acre industrial
waste sprayfieid 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 flow per season; and
WHEREAS, the industrial waste season typica_iy 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 grass crop can be grown ac-
cording to soil conservation service recommendations while uti-
lizing industrial wastewater for irrigation; and
WHEREAS, Larry Doman d/b/a LD MAR Farms has expressed interes:
in and is willing to work closely with the City on grazing catt!e
on the City field;
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 Larry Doman, d/b/a, ID MAR Farms (hereinafter called
"LD MAR Farms").
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 ID MAR Farms to graze cattle for a period of four (4)
montns.
LD MAR Farms agrees to maintain fences, water troughs, roads,
and perform any and all other necessary farming operations to
assure that his cattle graze the crops on said industrial waste
sprayfieid in a way to not interfere with the normal operation of
the sprayfield. The City agrees that in exchange for ID MAR Farms
labor, time, materials, and other consideration put forth to meet
the above reo-uirements, ID MAR Farms will receive the benefit of
Page 1 of 3
grazing the crop in full from said industrial waste sprayfield. LD
MAR Farms will provide all labor and euuipment associated with the
grazing of cattle including but not limited to fencing materials,
water troughs, fence chargers, and _labor.
LD MAR Farms sclali not construct anv structure on said Indus-
trial waste sprayfield without the prior written consent of the
Citv.
The City will provide a:I labor and equipment associateJ with
the soli testing, water testing, and irrigation of the industrial
waste sprayfield.
LD MAR Farms will bring in between the minimum and maximum
number of cattle agreed upon by the City of Yakima and remove the
cattle from the industrial waste sprayfield within seven (7) days
of receiving written notification from the City.
Only beef cattle will be allowed on the industrial waste
sprayfieid. Absoiutely no lactating milk cows i1I be allowed.
Range cattle that are wild and prone to destroying fences or pro-
perty will be removed immediately by the owner at the owner's
expense.
No sheep, goats or horses will be allowed on the industrial
waste sprayfield.
LD MAR Farms shall neither transfer or assign its interest nor
grant any interest, privilege or license wnatsoever in connection
with this Agreement.
No party shall pay bhe other anv monetary consideration.
This zgreement shall. terminate six (6) months from the effec-
tive date. Either party may terminate this Agreement early on
giving the other party ten (1U) days written notice of termina-
tion.
The City makes no representations, guarantees or assertions on
the food value of the crops grown at said industrial waste spray -
field.
LD MAR Farms 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 Aareement.
LD MAR Farms shall defend, indemnify, and hold harmless the
City, its officers, agents, and employees from any ane all claims
and damages resui_ting from LD MAR Farm's performance of this Agree-
ment,
Page 2 of 3
Entered into t:is 011,4h day of a.frc.er-r\-,i-,1.- , 1991.
LD MAR EARS
Ovmer
209 South 40th Avenue
Yakima, WA 98902
Page
CITY OF YAKIMA
Y
Ri,:nard A. Zais Jr.
CHtv Manager
129 North Ind Street
Yakima, WA 9390
ATTEST:
_
Citv C erk
CITY CONTRACT NO. 9/ -