The term of this agreement shall run from April 1, 2025 – March 31, 2026 with the option to renew for up to two additional years upon mutual agreement. The contractor shall not be required to enter into this agreement if after testing the fish harvested fail to meet the requirements of DEC for transport and sale. In such case, the contractor shall promptly provide the City with copies of all documents and communications from DEC regarding said matter. During the term of this agreement, the contractor shall have the exclusive right to harvest fathead minnows from the wastewater ponds owned and operated by the City, and located in the Town of Batavia. The harvesting can occur on any day from March 1 st until December 1 st of each year. If ponds are frozen before December 1st harvesting will stop at that time. If any ice is showing on the ponds, there will be no traps in the water regardless if it between March 1st and December 1st . The contractor shall harvest minnows based upon the demand of its business, with a goal of harvesting a minimum of 1,000 pounds per month; with the provision that the City reserves the right to determine the actual volumes harvested. The contractor will pay the City a lump sum amount with half invoiced in April and the balance to be invoiced in October of each year. The contractor will attempt to keep the levels of mortality of fish harvested, compared to fish sold, to a minimum. Contractor will provide and be responsible for all supplies, equipment, labor, storage, etc. which are necessary to harvest, transport, store, and sell the minnows. This shall include the cost of testing fish for any disease as may be required by DEC (i.e. VHS disease) to transport the fish. The City will mail invoices to contractor. Contractor will pay the City within thirty (30) days of mailing of said invoices. If payment is not received within the thirty (30) days, the City will remove the traps from the water. In the event the contractor does not pay any invoice within sixty (60) days of mailing, the City reserves the right to terminate this agreement upon ten (10) days prior written notice.
