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HomeMy WebLinkAboutResolution - 5943 - Contract - Franklin Cattle Company - Cattle Grazing Rights - 06/25/1998Resolution No. 5943 Item No. 21 June 25, 1998 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with Franklin Cattle Company of House, New Mexico, for Cattle Grazing Rights — Summer and Winter Grazing, and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 25th day of June '1998. WINDY SI UON, MAYOR ATTEST: a i arae 1, C1ty Secretary APPROVED AS TO CONTENT: Victor Kilman, Purchasing Manager APPROVED AS TO FORM: 4 William de Haas, Municipal Contracts Attorney Wd:dk/Franklin Cattle Co.RES.doc ccdocs/7une 15, 1998 Resolution No. 5943 Item No. 21 June 25, 1998 CATTLE GRAZING COMPANY Each of the following parties set forth in Paragraph I below agree as follows: 1. PARTIES. 1.1 The CITY OF LUBBOCK, TEXAS, a Municipal Corporation referred to as "CITY," 1.2 FRANKLIN CATTLE COMPANY, referred to as "CONTRACTOR." 2. RECITALS. 2.1 CITY conducts farming operations upon certain land owned by the City of Lubbock ("City Farms") where the primary purpose is the lawful disposition of sewage effluent. 2.2 CITY and CONTRACTOR desire to enter into a written agreement to govern the grazing of cattle by CONTRACTOR on the City farms pursuant to the terms and conditions herein set forth. 3. AGREEMENT. 3.1 Description of Grazing: This contract governs cattle which are placed for: Seasonal grazing shall consist of one or more of the following crops: corn, wheat, alfalfa, jose wheat grass, fomge sorghum, and grain sorghum.. The period for grazing of the CONTRACTOR'S cattle under this Contract shall be approximately July 1. 1998 to June 30, 2001, it being understood that the exact dates for the pacing and removing of cattle will be mutually agreed on by CONTRACTOR and CITY. 3.2 Description of Cattle: The exact number of cattle to be grazed will be mutually agreed upon by CONTRACTOR and CITY at the time land is stocked; however, the cattle to be grazed are: Yearlings -- Healthy beef cattle generally weighing 300 lbs. to 600 lbs. at the time the land is stocked and which will be grazed on all crops identified in Section 3.1 above. 3.3 RENTAL. CONTRACTOR agrees to pay LL5 per head per month for grazing, payable each thirty (30) days. At the end of each thirty (30) day period and the final removal of the cattle from the property, the cattle will be gathered and counted by the CONTRACTOR, with the cooperation of the CITY and such account shall be the basis of payment by the CONTRACTOR to the period since the last counting and payment. Without regard to the periodic counting provided in this paragraph, payment shall be due for any cattle removed from the premises during the term of this Contract, at the time of such removal. Statements shall be presented reflecting payments due from the CONTRACTOR to the CITY and all statements are due and payable in full within ten (10) days of the date of each thirty (30) day statements. 3.4 RESPONSIBILITIES OF CONTRACTOR. The CONTRACTOR is to provide all labor, medication, supplements and services necessary for the care of the cattle, which are the subject of this Contract, and CITY has no responsibility for the care of the cattle. The cattle "caretaker(s)" appointed by the CONTRACTOR shall be approved by the CITY prior to access onto the City Farms and may be required to provide references and performance history. 3.5 ADDITIONAL FEED. It is understood that if the CITY has available hay or other roughage which has been produced on the City Farms, then during periods of excessive damage by migratory birds which results in grazing being reduced or not available, the CITY shall, in its sole discretion, make such hay or roughage, to the extent of reasonable availability to the CITY, for use by the CONTRACTOR in feeding the cattle covered by this Contract without additional charge to the CONTRACTOR. 3.6 AVAILABILITY OF WATER. The CITY shall be responsible for making available groundwater of suitable drinking quality for the cattle of the CONTRACTOR at locations in each pasture, the exact locations to be determined by the CITY. 3.7 REMOVAL OF CATTLE. All amounts due the CITY under this grazing Contract must be paid prior to the removal of the cattle by CONTRACTOR. CATTLE GRAZING CONTRACT PAGE 3.8 COMPLIANCE WITH REGULATORY AUTHORITIES. CONTRACTOR understands that this grazing Contract is subject to and is subordinate to disposal of sewage effluent at the City Farms, including requirements of the Texas Water Commission, the Environmental Protection Agency, the City of Lubbock and other State and Federal regulatory authorities having jurisdiction. In the event of a conflict between the operation of the City Farms for disposal of sewage effluent and for cattle grazing, CITY will give priority to the requirements of sewage disposal. 3.9 TERMINATION BY CITY. In the event the CITY determines that the City Farms may be more appropriately utilized for purposes other than the grazing of cattle, and the CITY elects to discontinue cattle grazing on the City Farms, then the CITY may, by giving four (4) weeks prior notice to the CONTRACTOR, terminate this Contract. CONTRACTOR shall have four (4) weeks after receipt of written notice of termination under this subparagraph to remove the cattle remaining on the property. 3.10 TERMINATION BY CONTRACTOR. If the CONTRACTOR wishes for any reason to terminate this Contract, the CONTRACTOR may, by giving four (4) weeks prior notice to the CITY, terminate this Contract. CONTRACTOR shall have four (4) weeks after sending notice of termination under this subparagraph to remove the cattle remaining on the property. 3.11 INDEMNITY AND LIABILITY. CITY shall not have any responsibility for the condition of or care of the cattle of the CONTRACTOR, which are the subject of this Contract. The CONTRACTOR agrees to indemnify and hold the CITY harmless from liability for injury or death to the CONTRACTORS cattle during the term of this Contract, provided, however, CITY shall be liable to CONTRACTOR for actual damages arising out of injury or death to the CONTRACTORS cattle occasioned by the negligence of CITY or CITY'S agents, officers or employees. CITY is not liable to CONTRACTOR for loss of cattle occasioned by disease or natural causes. CITY shall not be liable to CONTRACTOR for loss of cattle due to theft. 3.12 INSURANCE. The contractor shall have Farm Owners Liability Insurance with limits of $100,000. CATTLE GRAZING CONTRACT PAGE 3 Contractor shall have Automobile Liability Insurance with limits of $100,000 Combined Single Limit, to include all owned and nonowned cars and trailers. The City is to be named as an additional insured on this policy for this specific job and copy of the endorsement doing so is to be attached to the Certificate of Insurance. CONTRACTOR shall name the CITY as additional insured on the above policies as well as provide a waiver of subrogation in favor of the CITY. CITY agrees to indemnify and hold CONTRACTOR harmless from consequences of negligence of the agents and employees of CITY resulting in loss or injury to third parties. CONTRACTOR agrees to indemnify and hold CITY harmless from consequences of negligence of agents and employees of CONTRACTOR resulting in loss or injury to third parties. CONTRACTOR agrees to provide CITY with proof of liability insurance. 3.13 ASSIGNMENT. This Contract may not be assigned or subcontracted by CONTRACTOR without the prior written approval of the CITY. 3.14 TERM. Unless renewed or extended in accordance with the terms hereof, this Contract shall terminate at the end of the winter grazing season in the spring of 2001. 3.15 FENCES. CITY shall maintain fences on the subject property during the term of this Contract. 3.16 CORRALS - PENS - LOADING FACILITIES. The CITY, in cooperation with the CONTRACTOR shall provide reasonable corrals, working pens and loading facilities to accommodate the need of the CONTRACTOR at locations mutually approved by both parties. 3.17 BINDING EFFECT. This Contract shall be binding on the parties hereto, the heirs, legal representatives, successors and assigns. 3.18 VENUE. This Contract is performable in Lubbock County, Texas, where venue lies for any disputes arising under this Contract. CATTLE GRAZING CONTRACT PAGE 3.19 REJECTION OF BIDS. Bidder understands that the CITY has the right to reject any bids including the right to reject bids on failure to establish an adequate line of credit and to waive any formality in the bidding. 3.20 APPROVAL BY CITY COUNCIL. Bidder is notified that any and all sections, decisions and provisions of this Contract made herein are subject to City Council action and approval. SIGNED AND EXECUTED on this the 25th day of ,Tune , 19 --Ra. CITY OF LUBBOCK: WINDY SITTo6t, MAYOR ATTEST: . K1YIE DARNELL, CITY SEC Y APPROVED AS 10-M7'TN: 7 HN HINDMAN. F AS TO FORM: WILLIAM de HAAS, MUNICIPAL CONTRACTS ATTORNEY CATTLE GRAZING CONTRACT PAGE