HomeMy WebLinkAboutR-1991-D6017 Sludge / CharronRESOLUTION NO.
D 6017
A RESOLUTION authorizing the renewal of a contract with Charron
Company, Inc. for disposal of Wastewater Treatment Plant
sludge.
WHEREAS, in the operation of the City's Wastewater Treatment Plant
substantial quantities of sludge are generated which must be disposed of
at City expense; and
WHEREAS, the City's contract with Charron Company, Inc. expired
October 16, 1991; and
WHEREAS, there exists no commercial market for the City's production
of sludge; and
WHEREAS, Charron Company, Inc. have offered to continue to utilize a
portion of the City's sludge for agricultural fertilizer 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
sludge disposal, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized and
directed to execute the attached and incorporated sludge fertilizer
agreement with Charron Company, Inc.
ADOPTED this 2 2, day of &&14V-4'' , 1991.
ATTEST:
CITY CLERK
WBDD-Charron
MAYOR
SLUDGE FERTILIZER AGREEMENT
WHEREAS, the City of Yakima operates a Wastewater Treatment Facility near the City of
Yakima which generates solid and semi-solid wastes called sludge, which may be applied as
fertilizer to agricultural crops; and
WHEREAS, Charron Company, Inc. owns and operates farms near Yakima and desires to
utilize the City's sludge as agricultural fertilizer; and
WHEREAS, the City of Yakima is currently responsible for the beneficial utilisation of
its output of sludge 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 Z3 day of D C T• , 1991.
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
sludge generated by the City's Wastewater 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 sludge for agricultural application and the City need not bear the
expense of sludge utilization by other means. Neither party shall pay the other any monetary
consideration. Charron may refuse to accept sludge for any reasonable cause. The City may
contract with other parties for sludge disposal.
3) Transportation. Either party may transport sludge to property leased or owned by
Charron in accordance with the terms of the permit in Section 4. In the event Charron
transports City sludge, 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) Sludge Application. Charron shall apply sludge solely as crop fertilizer and soil
amendment in accordance with the terms and conditions of a permit to be obtained by the City
of Yakima and 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 sludge at all
reasonable times to City personnel or their designees for the purpose of carrying on scientific
tests. Yakima shall test their sludge and Charron's soils and waters according to the terms and
conditions of a permit to be issued by the Yakima Health District.
WBDD-Charron
The City makes no guarantees regarding the content or characteristics of its sludge. Test
results as to the biological and chemical nature of such sludge 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 sludge 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 sludge it receives.
7) Site & Crops. Charron shall have the sole responsibility for the site upon which it
utilizes sludge. 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
(Title)
ATTES'r:
WBDD-Charron
City Manager
City Hall
Yakima, WA 98901
City nager
City Clerk
CITY CONTRACT NO. 7/ -/LS (o/7