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HomeMy WebLinkAboutR-1994-108 Hogue Ranches• • RESOLUTION NO. R-94-108 A RESOLUTION authorizing a contract with Hogue Ranches 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, Hogue Ranches have offered to utilize a portion of the City's Biosolids, and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to establish a contract with Hogue Ranches 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 Hogue Ranches ADOPTED THIS cl+' day of A,3,6r , 1994 ATTEST Sludge Resolution 8/3/41 CW CITY CLERK 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 fertili7e:r to agricultural crops is called biosolids; and WHEREAS, Hogue Ranches, Inc. owns and operates farms near Prosser 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 Hogue Ranches, Inc. (hereinafter called Hogue). This Agreement is entered into in this 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. Hogue 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 dr Utilities. Hogue 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. Hogue 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 Hogue in accordance with the terms of the permit in Section 4. In the event Hogue 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. Hogue 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 Benton -Franklin District Health Department and Hogue shall comply with all other terms of said permit. 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, Hogue Ranches, Inc. owns and operates farms near Prosser 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 Hogue Ranches, Inc. (hereinafter called Hogue). This Agreement is entered into in this o? 67 day of itlu 1994. 1) Term. This Agreement shall terminate one year frol. its effective date written above. The parties may renew this Agreement by mutual consent for one- year terms thereafter. 2) Consideration. Hogue 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. Hogue 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. Hogue 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 Hogue in accordance with the terms of the permit in Section 4. In the event Hogue 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. Hogue 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 Benton -Franklin District Health Department and Hogue shall comply with all other terms of said permit. 5) Testing. Hogue 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 Hogue's soils and waters according to the terms and conditions of a permit to be issued by the Benton - Franklin District Health Department. 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 Hogue by the City at its request. 6) Indemnity. Hogue 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. Hogue assumes the risk of biosolids application to its land under the terms of this contract. Hogue 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. Hogue accepts all risk of utilization of the biosolids it receives. 7) Site & Crops. Hogue shall have the sole responsibility for the site upon which it utilizes biosolids. Hogue 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. Hogue Ranches, Inc. 1120 Budd Avenue Prosser, WA 99350 By its City Manager City Hall Yakima, WA 98901 (Title) J 7; j City Manager ATTEST: City Clerk