HomeMy WebLinkAboutR-1994-039 Charron Company, Inc.RESOLUTION NO. R--9439
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. expired
October 20, 1993; and
WHEREAS, Charron Company, Inc. have offered to continue to utilize
a portion of the City's biosolids 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
biosolids utilization, 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 biosolids fertilizer
agreement with Charron Company, Inc.
ADOPTED this 5th day of April ,1994.
A 1'1EST:
(;),,OLt 44,144, -
MAYOR
CITY CLERK
BIOSOLIDS FERTILIZER AGREEMENT
WHEREAS, the City of Yakima operates a Wastewater Treatment Facility-
near the City of Yakima w 'ch generates solid and semi-solid wastes known as
sludge, which when benefici y 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 Ci 's biosolids as agricultural fertilizer; and
WHEREAS, the Ci of Yakima is currently responsible for the beneficial
utilization of its output of bi. solids at City expense.
In consideration of d e 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 Ci , ), a first class Washington municipal corporation and
Charron Company, Inc. (hereinafter called Charron).
This Agreement is entered into in this l4 day of / 1994.
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 Sr 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 disposal.
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 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 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 & 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 Manager
City Hall
Yakima, WA 98901
(Title) Pew City Manager
ATTEST:
City Clerk
1:(./
CITY CONTRACT NO. '1'1