HomeMy WebLinkAboutR-1997-075 Charron Company, Inc.RESOLUTION NO. R-97- 75
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
June 30, 1997; 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
directed to execute the attached and incorporated biosolids fertilizer
agreement with Charron Com • - ny, Inc.
ADOPTED THIS day of , 1997.
ATTEST:
CITY CLERK
Sludge Resolution
5/7/97
CW
Buchanan, Mayor
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 = !� 1997.
1) Term. This Agreement shall terminate one year fro& 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 Waste Water Facility's Superintendent. 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 reasonahl_e 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 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 the
permit 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 the permit issued by the Yakima
Health District. 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 its 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
Cntincxidiig following best Iarm
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 & 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. City Manager
11530 Highway 24 City Hall
Moxee, WA 98936 Yakima, WA 98901
By its
--(Title)
ATTEST:
Robert Charron, President
City Manager
A City Jerk
CITY CONTRACT NO: I
RESOLUTION :.NO:
s
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. / 3
For Meeting Of 5/20/97
Agreement for Beneficial Utilization of Wastewater Treatment
Plant Biosolids
Chris Waarvick, Wastewater Superintendent
Bruce Bates, Assistant Superintendent
Daryl Bullard, Chief Operator
CONTACT PERSON/TELEPHONE: Chris Waarvick, 575-6078
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 eleventh 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., in
conjunction with another permitted site located near Prosser, will be adequate for 1997
and 1998 biosolids inventories.
X Resolution Ordinance X Contract Minutes
Plan/Map
Notification List Other (Specify)
APPROVED FOR SUBMITTAL
City Manager
STAFF RECOMMENDATION: Approve the resolution authorizing the City Manager 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-97-75
Page 1
May 8, 1997
BS agree agenda 2