The URL can be used to link to this page

Home My WebLink AboutR-2003-081 Charron Company, Inc. Agreement (re: Wastewater Treatment Plant Biosolids)RESOLUTION NO. R-2003- 81 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a biosolids storage agreement with Charron Company, Inc. for the temporary storage of biosolids generated by the City of Yakima Wastewater Treatment Facility. WHEREAS, biosolids generated by the City's Wastewater Treatment Facility biosolids must be stored until the biosolids can be applied to agricultural crops; and WHEREAS, the Charron Company, Inc. is willing to permit temporary storage of said biosolids in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the biosolids storage agreement with Charron Company, Inc., now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Biosolids Storage Agreement" with Charron Company Inc. for the temporary storage of biosolids generated by the City of Yakima Wastewater Treatment Facility ADOPTED BY THE CITY COUNCIL this 20th day of May 2003. ATTEST: City Clerk (Ik) wastewater charnn biosolids 4-29-03.pm BIOSOLIDS STORAGE AGREEMENT THIS BIOSOLIDS STORAGE AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City"), and Charron Company, Inc., a Washington corporation (hereinafter "Charron"). WHEREAS, the City operates a Wastewater Treatment Facility which generates biosolids which need to be stockpiled until they can be applied to agricultural crops. WHEREAS, Charron owns certain real property near Yakima and is willing to permit the stockpiling of the City's biosolids on said property in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and Charron as follows: 1. Storage of Biosolids. The Charron shall permit the City to stockpile all biosolids (as defined by WAC 173-308-070) generated at the City's Wastewater Treatment Facility at the site described and designated on attached and incorporated Exhibit "A." The City shall transport and store said biosolids in manner consistent with applicable state and federal laws and regulations, including but not limited to WAC Chapter 173-308. Charron may refuse to accept biosolids for reasonable cause. 2. Removal of Biosolids. The City shall remove the biosolids in a timely manner and in accordance with applicable state and federal laws and regulations, including but not limited to WAC Chapter 173-308. Specifically, WAC 173-308-080 defines storage of biosolids as the "placing of biosolids on land on which the biosolids remain for two years or less." Accordingly, the City agrees to remove the biosolids from the Charron property within two (2) years of placement thereon. After all biosolids are removed from the Charron property, the City shall take steps to remove the berm that was in place around the biosolids. 3. Term of this Agreement. The term of this Agreement shall commence upon execution hereof and shall terminate two (2) years thereafter, unless the Agreement is terminated earlier by either party under Section 9 of this Agreement. 4. Consideration. The City agrees to pay Charron One Thousand Dollars ($1,000.00) per year for the right to store said biosolids at the storage site described and designated on Exhibit A. One thousand dollars ($1,000) shall be paid to Charron within Charron Biosolids Storage City of Yakima 2003 thirty (30) days of execution of this Agreement. A second payment of one thousand dollars ($1,000) shall be made in January 2004, only if the City is still using the site. 5. No Insurance. It is understood the City does not maintain liability insurance for Charron or its employees and subcontractors. 6. Indemnification, Hold Harmless and Assumption of Risk. a. Charron agrees to protect, defend, indemnify, and hold harmless the City, its elected officials, officers, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements) resulting from any negligent act and/or omission of Charron, its officers, employees, agents, and/or subcontractors, arising out of the performance of this Agreement. Charron assumes the risk of biosolids storage on its property under the terms and conditions of this Agreement. b. In the event that both Charron and the City are negligent, Charron's liability for indemnification of the City shall be limited to the contributory negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) that can be apportioned to Charron, its officers, employees, agents, and/or subcontractors. c. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 7. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by Charron to any other person or entity without the prior written consent of the City, except that it may be assigned without such consent to a related entity, an affiliate or wholly-owned subsidiary of either party. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Charron stated herein. 8. Severability. a. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties° rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. Charron Biosolids Storage City of Yakima 2003 b. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. c. Should the City determine that the severed portions substantially alter this Agreement so that the original intent and purpose of the Agreement no longer exists, the City may, in its sole discretion, terminate this Agreement. 9. Termination. The City or Charron may terminate this Agreement, with or without cause, by giving the other party thirty (30) calendar days written notice of termination. 10. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: TO CHARRON: Doug Mayo Wastewater Division Manager 129 North Second Street Yakima, WA 98901 Robert Charron, President Charron Company, Inc. 11530 Highway 24 Moxee, WA 98936 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 11. Integration. This written document constitutes the entire agreement between the City and Charron. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Charron Biosolids Storage City of Yakima 2003 13. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. CITY OF YAKIMA R. A. Zais, Jr., City Manager DATE: 0/2.343 J_e/'G/LCJ licri City Clerk City Contract No. oWO3 ,fe$o/44.17 cmi• l CHARRON COMPANY, INC. Charron Biosolids Storage City of Yakima 2003 Robert Charron, President DATE: 5- i5- D 3 Yakima GIS Web Mapping YAIUMA, WA Map Themes City Limits r Contours r Critical Areas Floodplains r Parcel Text r Plan 2015 Relief Map E Urban Areas E T Zoning None Refresh Page 1 of 2 Choose Location to: Zoom in r. Zoom Out r Pan t. Identify Grandview Granger Harrah Moxee Naches Selah Sunnyside Tieton Toppenish UnionGan Wapato Yakima Zillal Parcel Number: Situs Address - Owner Name: Misc Codes: Assessed Values: Parcel Size: Yakima County Zoning: Plan 2015: Urban Growth Area: Jurisdiction: Floodplain: Critical Areas: 20122421001 Desmarias Rd Sere LLC 543-TCA/Levy 97000 -improvement value 133000 -land 80.00 Acre(s) AG - Agriculture Agricultural Resource Outside of Urban Growth Area County Not within floodplain. .../esrimap.dll?name=YakgisH&THM=CL&THM=RM&LIST=XX&Cmd=ID&Left=1699221 &I519/2003 YAKIMA •COUN l'Y ASSESSORS PLAT Section _24_ Thwnsh1pj2 North, Range _2_0___ EWM. :04§riOdasa is maintained on' d§lit3 eke appraisal and M§t4tilnent of real jakoperty 04 !Yakima County Assess - 04 Office does not warrant !fa accuracy. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. *o? For Meeting Of May 20, 2003 11E;M TITLE: Agreement for Temporary Storage of Wastewater Treatment Plant Biosolids SUBMITTED BY: Doug Mayo, Wastewater Manager Daryl Bullard, Chief Operator CONTACT PERSON/1 E LEPHONE: Daryl Bullard, 575-6077 SUMMARY EXPLANATION: For many years, we have enjoyed a of contractual relationships between Charron Company, Inc. and the City which allowed for the utilization of the City's biosolids on lands belonging to or under the care of Charron Company, Inc. Since 1998, the City has been hauling biosolids directly from our dewatering process to temporary storage site on Charron property for subsequent application. In December 2002 we were informed that, due to the decline market for hops, the Charron company, Inc. was no longer able to accommodate our biosolids utilization program. The City presently has biosolids temporarily stockpiled at the Charron site. These biosolids will be hauled to another site(s) when such site(s) is secured. This agreement is one of the requirements of the Yakima Health District for biosolids utilization site permits. Resolution X Ordinance — Other (Specify) , Contract XX Mail to (name and address): Charron Company, Inc. 11530 Hwy 24 Moxee City WA, 98936 (509) 248-6830 Funding Source: Wastewater Operating Fund (473) (see accompanying budget appropriation) Cost $1,000 per year APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve the attached resolution authorizing and directing the City Manager to execute the attached agreement with Charron Company, Inc. for temporary storage of biosolids generated by the City of Yakima Wastewater Treatment Facility. BOARD / COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-81