HomeMy WebLinkAboutR-2001-143 Charron Company, Inc. contract renewalRESOLUTION NO. R-2001- 143
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
October 5, 2001; 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 City Manager are hereby authorized and directed to
execute the attached and incorporated biosolids fertilizer agreement with
Charron Company, Inc.
ADOPTED BY THE CITY COUNCIL this /fin 77/ day of
c %ofi:q, 2001.
ATTEST:
City Clerk
Biosolids Resolution
9/12/01
BIOSOLIDS UTILIZATION AGREEMENT
WHEREAS, the City of Yakima operates a Wastewater Treatment Facility
near the City of Yakima which generates solid and semi-solid material commonly
known as sludge, legally called biosolids (WAC 173-308-070). The biosolids can be
beneficially used by application to agricultural crops; and
WHEREAS, Charron Company, Inc. owns and operates farms near Yakima
and desires to utilize the City's biosolids as agricultural soil amendment; 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 LI day of L f , 2001.
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 Wastewater Division Manager. Charron shall receive the benefit
of the nutrient and humus content of such biosolids for agricultural application and
the City need not bear the expense of biosolids utilization by other means. Charron
shall pay the City monetary consideration, the sum of One Dollar ($1.00), for
designated biosolids. 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 WAC 173-308-100. 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 for crop
nutrients and soil amendment in accordance with WAC 173-308-210 and Charron
shall comply with all other terms of said regulation.
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 the permit issued by the State of
Washington Department of Ecology. The City makes no guarantees regarding the
content or characteristics of its biosolids. Test results as to the biological and
chemical nature of such biosolids will be made available to Charron by the City at
their request.
6) Indemnity. Charron shall defend, indemnify and 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 and short 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
City of Yakima
129 N. Second Street •
Yakima, WA 98901
Robert Charron, President R. A. Zais, Jr., City Manager
ATTEST:
�tTYcmuftlar dO: 1z/Zit,---
RESOLUTION NO:
, '-BOO/-N3
HEM '11I'LE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. * 9
For Meeting Of 10-14-D1
Agreement for Beneficial Utilization of Wastewater
Treatment Plant Biosolids
Doug Mayo, Wastewater Manager
Daryl Bullard, Chief Operator
CONTACT PERSON/TELEPHONE: Daryl Bullard, 575-6077
SUMMARY EXPLANATION:
REOUES 1'ED 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 fifteenth 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.
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 2001 and 2002 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: Resolution adopted. RESOLUTION NO. R-2001-143
Page 1
9/12/01
BS agree agenda
