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HomeMy WebLinkAboutR-2000-113 Charron Company, Inc. Contract RenewalRFSOLEITION NO. R-7000- 113 A RESOLUTION authorizing the renewal of a contract with Charron Company, Inc. for utilization of Wastewater Treatment Plant Biosolids. WHEREAS, in the operation of the City's Wastewater Treatment Plant substantial quantities of biosolids are generated which must be utilized at City expense; and WHEREAS, the City's contract with Charron Company, Inc. expires on August 11, 2000; and WHEREAS, Charron Company, Inc. has offered to continue to utilize a portion of the City's biosolids for agricultural fertilization application at no expense to the City; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to renew the contract with Charron Company, Inc. for biosolids utilization, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Clerk and the City Manager are hereby authorized and dfrected to execute the attached and incorporated biosolids fertilizer agreement with Charron Company, Inc. ADOPTED THIS 5th day of Septembec 2000. MA Mary Place ATTEST: ACTING ITY CLERK Biosolids Resolution 8/22/00 BIOSOLIDS FERTILIZER AGREEMENT WHEREAS, the City of Yakima operates a Wastewater Treatment Facility near the City of Yakima which generates solid and semi-solid wastes known as sludge, which when beneficially used by application as fertilizer to agricultural crops is called biosolids; and WHEREAS, Charron Company, Inc. owns and operates farms near Yakima and desires to utilize the City's biosolids as agricultural fertilizer; and WHEREAS, the City of Yakima is currently responsible for the beneficial utilization of its output of biosolids at City expense. In consideration of the mutual promises contained in this Agreement, the parties agree as follows: This Agreement is entered into by and between the City of Yakima (hereinafter called the City), a first class Washington municipal corporation and Charron Company, Inc. (hereinafter called Charron). This Agreement is entered into in this ,, day of cY". , 2000. 1) Term. This Agreement shall terminate one year from its effective date written above. The parties may renew this Agreement by mutual consent for one- year terms thereafter. 2) Consideration. Charron shall utilize, in a lawful manner, those quantities of biosolids generated by the City's Waste water Treatment Facility and designated by the Director of the Department of Engineering & Utilities. Charron shall receive the benefit of the fertilizer and humus content of such biosolids for agricultural application and the City need not bear the expense of biosolids utilization by other means. Neither party shall pay the other any monetary consideration. Charron may refuse to accept biosolids for any reasonable cause. The City may contract with other parties for biosolids utilization. 3) Transportation. Either party may transport biosolids to property leased or owned by Charron in accordance with the terms of the permit in Section 4. In the event Charron transports City biosolids, their vehicle will be subject to the City's approval as to health and safety. Such approval shall not be unreasonably withheld by the City. 4) Biosolids Application. Charron shall apply biosolids solely as crop fertilizer and soil amendment in accordance with the terms and conditions of a permit to be issued by the Yakima Health District and Charron shall comply with all other terms of said permit. 5) Testing. Charron shall allow access to all sites where it applies biosolids at all reasonable times to City personnel or their designees for the purpose of carrying on scientific tests. Yakima shall test their biosolids and Charron's soils and waters according to the terms and conditions of a permit to be issued by the Yakima Health District. The City makes no guarantees regarding the content or characteristics of its biosolids. Test results as to the biologicaland chemical nature of such biosolids will be made available to Charron by the City at its request. 6) Indemnity. Charron shall defend, indemnifyand hold harmless the City, its officers, agents and employees from any and all claims and damages resulting from the performance of this contract. Charron assumes the risk of biosolids application to its land under the terms of this contract. Charron has all long andshort term responsibility for his land including following best farm management practices which apply to irrigation methods, fertilizer application rates, and general agricultural practices. Charron accepts all risk of utilization of the biosolids it receives. 7) , Site Sr Crops. Charron shall have the sole responsibility for the site upon which it utilizes biosolids. Charron shall grow on such site, only those crops which are not prohibited by applicable law, permits and regulations. 8) Termination. Either party may terminate this contract on giving the other sixty (60) days written notice at its address written below. 9) Whole Agreement. This agreement shall constitute the entire agreement between the parties. Charron Company, Inc. 11530 Highway 24 Moxee, WA 98936 By its Robert Charron, President ATTEST: City of. Yakima 129 N. Second Street Yakima, WA 98901 R. A. Zais, Jr., City Manager City Contract No. 2000-73 Resolution Leo` ilt7g0'00-113 V'g 4/44-1 7,,1( - City Clerkp, �xY� 7S. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. t ,b For Meeting Of ITEM T11 LE: Agreement for Beneficial Utilization of Wastewater Treatment Plant Biosolids SUBMITTED BY: Doug Mayo, Wastewater Manager Daryl Bullard, Chief Operator CONTAC:IPERSON/TELEPHONE: Daryl Bullard, 575-6077 SUMMARY EXPLANATION: REQUESTED ACTION The attached resolution, upon City Council approval, will allow the City Manager to execute the attached renewal agreement concerning agricultural application of stabilized wastewater sludges (biosolids) to lands belonging to or under the care of Charron Company, Inc. This will be the fourteenth year of contractual relationships between Charron Company, Inc. and the City. This agreement is one of the requirements of the Yakima Health District for biosolids utilization site permits. Annual biosolids production and dewatering activities require approximately 500 acres of permitted land. The amount of land available through Charron Company, Inc., will be adequate for 2000 and 2001 biosolids inventories. XX Resolution Ordinance Contract Minutes Plan/ Map Notification List Other (Specify) APPROVED FOR SUBMITTAL City Manager STAFF RECOMMENDATION: Approve the resolution authorizing the City Manager and City Clerk to execute the attached agreement with Charron Company, Inc. for beneficial utilization of wastewater treatment plant biosolids. BOARD / COMMISSION RECOMMENDATION: COUNCIL ACTION: Page 1 8/22/00 BS agree agenda