HomeMy WebLinkAboutRES.684.11-18-1991 . t
BILL NO. 91-247 RESOLUTION NO. VJ U
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH BIOKYOWA, INC.
FOR SLUDGE DISPOSAL
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE l. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to enter into an
Agreement with Biokyowa, Inc. for sludge disposal. A copy of said
Agreement is attached to this Resolution and made a p�rt hereof.
PASSED AND ADOPTED THIS � �.�'C. DAY OF , 19 7 � .
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rancis E. Rhodes, Mayor
ATTEST:
Jul ' e A. Dale, Deputy City Clerk
AGREEMENT
This Agreement made and entered into this �Q� day of
�^ , 1991, by and between the City of Cape
Girardeau, Missouri, a Municipal Corporation, hereinafter referred
to as "City" , and Biokyowa, Inc. , a corporation authorized to do
business in the State of Missouri, hereinafter referred to as
"Biokyowa" .
For and in consideration of the promises and agreements made
herein, the parties hereto agree to bind themselves as follows:
l. The parties hereto enter into this Agreement for the
purpose of providing for temporary disposal of Biokyowa' s sludge
material generated as a by-product of Biokyowa' s industrial
operation in or near Cape Girardeau, Missouri. The parties hereto
recite that they have a mutual interest in proper and adequate
disposal of the sludge material generated by Biokyowa.
2 . The parties recite that Biokyowa has no permit for
disposal of the sludge material as may be required by regulations
of the state and federal governments but that the City has such a
permit and that such sludge material may be disposed of pursuant to
the conditions of the City' s permit but only if complete compliance
with the Department of Natural Resources requirements is made and
maintained. In order to ensure complete compliance with the
regulations of state and federal government, the parties hereto
agree that the City will have complete control of the operation of
sludge disposal with regard to soil testing, sludge testing,
reporting requirements and monitoring of sludge application rates.
The parties agree that none of these activities will be undertaken
by Biokyowa except under the direct supervision and control of the
City and that at all times the City shall have the final
determination as to whether activities conducted in this regard
are, in fact, in compliance with the appropriate regulations.
3 . The parties recite that previously the City was assisting
Biokyowa to dispose of its sludge material, but that Biokyowa
terminated such contract effective October 1, 1991, and that during
the period of time from October 1, 1991, to the date of the
execution of this Agreement, the City has had no responsibility for
disposal of any sludge material generated by Biokyowa and the
parties hereto agree that any liability for noncompliance with
regulations or for any damage sustained by any person as a result
of Biokyowa' s disposal of its sludge between the dates of
October l, 1991 , to the date of the execution of this Agreement
shall be borne solely by Biokyowa and that the City has no
responsibility for any of the sludge disposal activity during said
time period.
4 . The parties agree that during the time this Contract is
in effect that Biokyowa has agreed that Genesis Transportation,
Inc. shall transport its sludge and provide operators for its
sludge injection operations at Biokyowa's farm premises, but that
Biokyowa will employ or contract with no other person or firm for
any portion of its sludge disposal operation, nor will it dispose
of any portion of its sludge material under any other person or
firm's permit without the express knowledge and consent of the
City.
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5. The parties hereto agree that Biokyowa will purchase and
own all the necessary sludge injection machines, vehicles and
equipment to adequately and appropriately dispose of the sludge
material and that Biokyowa will accept all responsibility for every
aspect of the cost of maintenance and operation of said equipment
or storage of the sludge generated by Biokyowa prior to its
disposal.
6 . The parties hereto agree that the City's sludge and
Biokyowa's sludge will be applied at separate locations and
Biokyowa will be responsible for the injection and hauling of their
own sludge material to an appropriate site.
7 . The City agrees to provide personnel for testing,
monitoring and reporting of the sludge disposal activities and
Biokyowa agrees to pay to the City on a monthly basis the City' s
actual operating cost plus a ten percent (10%) administration fee
or One Thousand Five Hundred Dollars ($1, 500 . 00) per month total,
whichever is greater.
The parties hereto agree that all operating costs will include
but not necessarily be limited to the following costs:
(a) All labor and employee benefit costs of City employees
managing the sludge program.
(b) All costs related to reporting and testing of Biokyowa
sludge.
(c) All mileage associated with management and operation of
the program.
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8 . This Agreement shall be in effect for a period of thirty
(30) days from the date of its execution and will renew
automatically for additional periods of thirty (30) days unless
canceled by either party. Either party may cancel this Agreement
by providing written notice prior to ten (10) days of the intended
date of cancellation.
9 . The parties hereto agree that Biokyowa will supply the
City with copies of all records such as but not necessarily limited
to field sheets, truck sheets or any other records associated with
the sludge disposal activity.
This Contract shall be binding upon the parties hereto and
their successors and assigns.
CITY OF CAPE GIRARDEAU, MISSOURI
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% _� � -�'�..
. Ronald Fisc er, City Manager
ATTEST:
J A. Dale, eputy City Clerk
BIOKYOWA, INC.
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Joe G � 1„ Plant Manager
ATTEST:
V �
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Stephen . Strom, Secretary
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