HomeMy WebLinkAboutR-1994-108 Hogue Ranches•
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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