HomeMy WebLinkAbout2019-166A n
BIOSOLIDS DISPOSAL AGREEMENT
BETWEEN
THE CITY OF VERO BEACH,FLORIDA
AND
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THE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT
THIS BIOSOLIDS DISPOSAL AGREEMENT ("Agreement") is made and entered
into as of theVniay of �t � 2019 by and between the City of Vero Beach,Florida,a
Floridamunicipal corporation,whosemaiing address is P.O.Box 1389,Vero Beach,FL 32961-
1389("C'tty,and the Indian River County Solid Waste
Disposal District, a dependent special
district of Indian River
County, Florida, a political subdivision of the State of Florida,whose
mailing address is 1801 27Street,Vero Beach,FL 32960("SWDD").
WHEREAS;SWDD operates the Indian River County Class I landfill("IRC Landfill')
located at 1325 SW� Avenue in Vero Beach,Florida;and
W. S,SWDD accepts DeWatered Biosolids(`Biosoli
Landfill at a rate sed �for disposal at the IRC
body of SWDD;andf annually by the Board County Commissioners,sitting as the governing
rTh
WHEREAS,the City operates a municipal sewer system and sewer treatment facility
which produces.Biosolids which may be disposed of in a landfill such as the IRC Landfill;and
WHEREAS,tie City has requested that SWDD accept the City's Biosolids for disposal
in the IRC Landfill,and SWDD has agreedtY'
accordance with the -tams and conditions ofthiaccept City's Biosolids for such disposal,all in
Wig,the City and SWDD find that the delivery of Biosolids by the City at the IRC
Landfill and the-acceptance of same for disposal by SWDD for the purposes stated herein
constitute a public purpose and benefit.
NOW THEREFORE,
and valuable consideratio� P arties gren of the mutual undertakings herein,and other good
agree,as follows:
Section 1. Recitals. The above recitals are true and correct
- � and are incorporated herein.
Section 2. Delivery!and Acceptance of Biosolids. The City, or its authorized Biosolids
processor/transporter,shall process, transport and deliver to the IRC Lan
from the operation of its munici al sewer ,Biosolids resulting
P system and sewer treatment facility(FLDEP Permit
FLA021661)only. Tlie City shall not process Biosolids materials from outside its jurisdiction.
Biosolids shall be"tipped"by the City's processor/transporter in specific locations within the In
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CITY OF VERO BEACH,FLORIDA
ATTEST: j VERO B ACH CITY UNCIL
)�- LilsSign:
Tammy K. Btoick By:Robert Brackett
City Clerk Its: Mayor
Date: cl.lvs�?'L
(SEAL)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foreg ling instrument was acknowledged before me by means of ysical presence
or 0 online notarization this /3 day of i oh' tp i 2022,by Robert Brackett, the
Mayor,and attest by Tammy K. Bursick, the City Clerk, of the City of Vero Beach,Florida.
Both are personally known to me.
Sign:.z�-, -✓ t' .
s! silo Notary Public,State of Florida at Large
Seal: r mrcowaeistoH t ossia: Print Namerr- �t..C,e, , 4-�a
EXPIRES.December3.2024 Notary Commission`No
(616) **4'..5" lkwidibtuteftYftwund"d" My Commission Expires:
ADMINISTRATIVE REVIEW
(For Internal use Only-Sec.+2-77 COVB Code)
Approved as to form and legal sufficiency Approved as conforming to municipal
for COVB onl : policy: .
. P/2V2
ohn S.Turner Date Moe K.Falls,P. . Date
City Attorney City Manager
Approved as to technical requ" ements: Approved as to financial requirements:
rrArAZ, /ez.,
Robert J.'von,on, P.E. Date Cyn ',47.Lawson Date
Director, 'ater&I Sewer Director, Finance
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First Amendment and Renewal to Biosolids Disposal Agreement 211
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Landfill as designated by SWDD or SWDD's repre.sentative. All Biosolids delivered by the City
shall meet all requir' laments of the Quality Standards and Applicable Law, as defined below in
Section 5 or in Exhibit A of this agreement The parties shall cooperate with respect to the delivery
schedule for the Biosolids,recognizing that the Biosolids must be mixed with other materials at
the time of disposal in the IRC Landfill,and delivery of the Biosolids should be coordinated with
the availability of the other materials. The City's processor/transporter shall()amply with all other
rules and regulations of SWDD relating to the IRC
3. Term of the Agreement The initial term of this agreement shall be two(2)years,
commencing on oc.i-oer., 15 2019,and terminating on130.4./ 2021. This Agreement
shall automaticallyrenew for an additional one(1)year term,unless either party provides written
notice of non-rene+al at least one hundred and eighty(180)days prior to expiration of the initial
tern. Notwithstanding the above,either party may terminate this Agreement at any tune and for
any reason upon at least ninety(90)days written notice to the other party. The City may terminate
this Agreement dueito an increase in the disposal fee pursuant to Section 4 below,bywritten notice
to the SWDD within 30 days of the approval of the fee increase by the SWDD governing board.
Section 4. Disposal Fee. The City shall pay to SWDD a disposal fee in the initial amount of
S19.08 per ton,whiCh amount shall apply through September 30,2019. The City acknowledges
that(a)the SWDD governing body,as part of its annual budgeting process,reviews all disposal
fees at the 1RC Landfill;and adjusts such fees as it determines necessary,and(b)the disposal fee
starting October 1,2019,and for each year thereafter(October 1--September 30)will be the fee
as determined by the SWDD governing board in its annual budgetingprocess.
(d-b) aastics5. usinty Standards. All Biosohds delivered by the City or its prccessor/tranporter
for disposal infte IRC ndfill shall Meet the following quality standards C'Qual1ty Standards):
1. Biosolids delivered to the IRC Landfill shall meet all Florida Department ofEnviromnental
Protection(FDEP)requirements for disposal in Class 1 Landfill,specifically,Biosolids as
defined as "Residuals" or"Domestic Wastewater Residuals" in Chapter 62-624.200(6)
Florida Administrative Code(FAC),or as amended.
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2. Biosolids delivered to the IRC Landfill must not be classified as Hazardous Waste under
Chapter 62-730 FAC,or as amended.
3. The BiosolidsIdeliverecl shall be a minimum Total Solidi Percent of 17 percent solids,and
the Biosolids must be able to pass a paint filter test upon receipt at the Landfill for disposal.
No mixtures orfoteign material are to be used to increase the solids content:At minimuni,
the City shall provide SWDD a report with the Total Solids Percent of their Biosolids prior
to the scheduling of the first delivery and annually thereafter
4. At a minimum, the city will provide SWDD results from a Toxicity Characterization
Leaching Procedure(TCLP)tests prior to the scheduling of the first delivery and annually
thereafter to demonstrate that the Biosolids do not exceed regulatory levels for any of the
parameters identified in Exhibit A, attached. This shall also be required should the
wastewater facility generating the Biosolids experience any significant changes in the
characteristics Of the facility influent,or experience a plant upset or by-pass event that may
change the make-up of the Biosolids.
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5. SWDD reserves the right to randomly inspect loads to verify conditions above are being
met. SWDD also reserves the right to refuse any deliveries of Biosolids not meeting
conditions
�!above.
Section 6. Applicable Law. Each Section
Gds is iaab regulated
acknowledges that the processing,transport and disposal
Y gulated by state and federal agencies having fdrisdiction with respect to
such matter. The City shall comply with all
applicable state andtederal laws,including,without
limitation,rules and regulations(collectively Applicable Law")relatingto the processing
and
transport of Biosolids, including the quality or composition of Biosolidto be disposed of in a
landfill such as the IRC Landfill,and SWDD shall comply with all requirements
Lawrelating to the method of disposalofBiosoli d thhaofh Applicable
liability with respect to the method ofdisposal��o�a�'however,that SWDD shall not have
composition, do not meet the of Biosolids which, with_respect to quality or
requirements:of the Quality Standards or Applicable Law. In the
event of a change in"Applicable Law"that has a
to SWDD of operating, maintainingor ��material and adverse effect upon the cost
mutuallynegotiate anyneces modifying disposal of Biosolids, SWDD and. City shall
nary capital cost contribution or any necessary increase in the disposal
Costs/ton commensurate with the necessary cost.
Section 7. Indemnification. To the extent permitted b
yindemnify► otheragainstall. law, ach damages, shall hold hose and
party from and �
expenses and liabilities of any type'whatsoev any(collectively,"Claims")arisingr 'c of action,
to the indemnifying party's negligence, � outble lof aw o breach
of this agreement;provided, wrongdoing,breach of applicable law or breach
however, that neither party shall be required to, hold harmless or
rTh
indemnify the other party for any Claims arising out ofQrrelating to such others negligence,
intentional wrongdoing,breach of applicable law or breach of this agreement.
'
the above,for tort actions,neitherparty waives its sovereignNotwithridading
�immunityset forth in Florid
and the parties' obligations under the 'as a law
Agreement shall be subject to the limitations set forth and
provided for in Section 768.28,Florida Statutes.
Secilon 8. Insurance,
(a) The City,or its authorized Biosolids processor/transporter,shall obtain and maintain
throughout the term I of this Agreement at its expense
insurers who are licensed in the State of Florida have a current e following insurance coveragebetter in
"Best's KeyRating Guide,"with respect to all activities relatinginrating of A�VII or hich
are the subject.of this agreement;(1)workers'- � any way to the Biosolids which
Florida statutory requirements,(2) ODmP�ation coverage in compliance with State of
$100,000 occurre>i employer's liability insurance providing minimum coverage of •
general100,00per , $100,000 by disease,and$500,000 aggregate by disease,(3)commercial
liability insurance and automobile liability insurance providing minimum combined single
limit coverage of$1,000,000 for personal bodily injury,
property including,without limitation,death,and
damage, and(4)umbrella or excess liability coverage providing minimum coverage of
0.
(b) Notwithstanding the minimum limits of coveragestated
in limits of each underlying insurance coverage must be at leat ahigh as is necessary ryon toA above, the
excess liability insurance coverage referenced in subsection A(4). cry support the
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(c)Proof of compliance with the above insurance requirements shall be provided by the
City to SWDD no later than fifteen(15)days prior to commencement of delivery of Biosolids for
disposal at the IRC Landfill,and thereafter throughout the term of this agreement,in theform of a
certificate of insurance, which certificate shall provide for notice to SWDD no later than thirty
(30) days prior to cancellation or non-renewal. Failure to do so shall allow SWDD to refuse
delivery until such;proof is provided,reviewed andved bySWDD.
appro
Section 9. Force MaieurelEmernenev. Any non-performance of the terms or conditions of this
agreement caused by or resulting from an event of Force Majeure (as defined below) shall not
constitute a violation or event of default. In addition,SWDD reserves the right to refuse to accept
the City's Biosolids in the event of an emergency,as determined by SWDD in its sole discretion.
The City shall maintain an alternative method of disposal of its Biosolids,in the event that SWDD
does not accept�thelBiosolids due to an emergency. For the purposes of this'agreement,the term
Force Majeure shall mean acts,of God,strikes,lockouts or otherindustrial
the public enemy,!.wars,. blockades, losio dL�acts of
lirenin ` earth I eXP ��'iasturections, riots,' epideancs,.,i$ndslides,
g, quakes, fires, hurricanes, tropical storms, floods, tornadoes, restraints of
governments,civil },disturbances,unavoidable breakage of machinery or
equipment,enactment of
applicable laws prohibiting performance,and:other such causes not within the reasonable control
of the party claunnig the occurrence of an event of Force Majeure.
Section 10. Notices. Any noticeto be
required provided under this agreement shall be provided
to the following Persons and addresses:
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If to the CitiCity of Vero Beach
1053 20;:Place
_
Post Office Box 1389
Vero Beach,Florida 32961-1389
Attention:City Manager
cc: Director,Water and Sewer Services
If to SWDD:
Indian River County
Solid Waste Disposal District
1801 27th Street
Vero Beach,Florida 32960
Attention: County Administrator
cc: Director of Utility Services
Section 11. Default!,Remedies for Default.
.
(a) The following shall be deemed to constitute
a default of the terms of this Agreement:
1. The failure by City to pay any amount of moneydue under er this Agreement;
2. Th a failure by City or SWDD to comply with any other
provision or ca
of this Agreement. condition
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(b) The City and SWDD shall have all remedies for any default by the other party as
provided for at law or in equity.
Section 12."Attorney's Fees. In the event of any litigation relating to this.agreement,each party
shall pay its own attorney's fees.
Section 13. Miscellaneous Provisions.
(a) This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida Venue for resolution of any dispute arising hereunder shall be in Indian River
County,Florida. I-
(b) This Agreement sets forthall the promises, agreements, conditions, and
understandings, either oral or written, between.them.. No subsequent alteration, amendment,
change,or addition lto this Agreement will be binding on the City or SWDD unless in writing and
signed by them and made a part of this Agreement by direct reference.
(c) The terms of this Agreement shall be binding on the respective successors,contractors,
representatives,agents,and assigns of the parties. Neither party may assign its rights or obligations
hereunder without the prior written consent of the other party.
(d) This Agreement may be executed in one or more counterparts,each of which shall be
deemed an original and all which together will constitute one and the same instrument.
Section 14.effective Date. This agreement shall be effective as ofthe date that itis fully executed
bybothparties.
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INDIAN RIVER.COUNTY,FLORIDA
• ATTEST: Jeffrey R.Smith,Clerk of SOLID WASTE DISPOSAL DI />..
Cir Court rmd Comptroller .
ill"; 4ii By
i±; -e
Deputy Clerk I Bob Solari
Chairman
-VT4;0
•'Pr..";:• •...;..........
Date: October 8, 2019 -
(SEAL)
Approved to form and sufficiency - A •
• •
Dyl(rateingold I Jason •
County Attorney j Co • -strator
Approved as to technical ems:
•
./.4•
; .
Vincent Burke,P.Ei
Director of Utility Services
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SIGNATURE PAGES TO FOLLOW
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CITY OF VERO BEACH,FLORIDA
ATTEST:
VERO BEACH CITY COUNCIL
dDrrilf ► IL). 7 Lins B
Tammy ,
K s
c1e Ajr%4,r,,,y �. ; /e M
tr �.,
Ci Clerk c ��
Date:
[SEAL]
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was ackno••13•_- .reeme thiso�•? gof.August 2019,on
behalf of the City of Vero Beach,Florida, • :r �: ,, ;.1�o and attested b
Tammy X Bursick,as City Clerk,of.the City of Vero Be y
ach,Florida. B�t�•arepersonatly�own
to me.
E,
ARY PUBLIC
E °nJpires:
: sxERwweo
.Mariann tiotaroemetiadcatetri
ADMINISTRATIVE REVIEW
(For Internal Use Only-Sec.2-77 COVB Code
I
Approved as to form and legal sufficiency: Approved as confonning to municipal
policy:
g.
Jo .Turner ity Attorney Mote K.Falls, ity Manager
Approved as to technical r-•1.1)- eats:
1!0" / -
Robert J . ton I
Director,Water and Sewer Services
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Exhibit A-Biosolids Quality Standards
MAXIMUM CONCENTRATION OF CONTAMINANTS FOR TOXICITY CHARACTERISTIC
Regulatory Level
Contaminant O
Arsenic 5.0
Barium 100.0
Benzene 0.5
cadmium 1.0
Carbon tetrachloride es
Chlordane 0.03
Chlorobenzene 100.0
Chloroform S 0
Chromiten 5.0
o•Cresol 200.0;
m-Creecl 2001
p-Cresol 2000
Cresol 200.0'
• 10.0
1.4-DieNorobenzene T.
1,2-Dld'Joroethane 0.5
1.1-Diclttaroethyten a 0 j
2 4-DWlrotofuene 0.132
Endrin ) 0
Heptachlor(and its hydroxide
ses
0.02
Hexachtorobenzene! 0.132
1-lexachloro-1.3-butadlene 0.5
Iteaachloroelhana 3.0
Lead 5.0
Lindane 0.4
Mercury 0.2
Methoxychlor 10.0
Methyl ethyl ketone 200.0
Nitrobenzene 2.0
Pentachlorophenol ; 100.0
S entre
5.02
1.0
Sliver (
Tetrachloroethylene i 5.0
7
Tcotaphene 0.0.5
Trichto oethylene ( 0.5
2.4.5-Trichlaonophenol 400.0
2.4,6-Trichlorophenol,
2.0
2.4,5-7P(Max) � 1.0
Vinyl chloride 1 0.2
o-.m-.and p-creno(concentrations cannot be didferentiatod.the total creed(0026)concentrators la used. The
regulatory level of total cresol is 200 mg/L.
=Quanlilation limit Is greater than the calculated regulatory level. The quantitaticn limit therefore becomes the
regulatory level.
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