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Home My WebLink About2000-34940 • AGREEMENT FOR TRANSPORTATION, TREATMENT AND DISPOSAL OF DOMESTIC WASTEIVA TER RESIDUAL THIS AGREEMENT, by and between INDIAN RIVER COUNTY, 1840 25TH Street, Vero Beach, Florida, 32960 (hereinafter known as the "COUNTY"), and LIGHTHOUSE COVE CONDOMINIUM, INC., whose address is 106 Casseekee Trail, Melbourne Beach, Florida, 32951, (hereinafter known as the "CUSTOMER"), WITNESSETH THAT WHEREAS, the COUNTY is the Owner and Operator of a Residuals Management Facility (dewatering facility), Permit # FLA -010434-001, and WHEREAS, said treatment and disposal site (Class I Landfill) has been approved and is operating under Florida Department of Environmental Protection (FDEP) pen -nit, in compliance with Florida Administrative Code (FAC), Chapter 62-620, and WHEREAS the CUSTOMER owns and operates a domestic wastewater treatment facility permitted as LIGHTHOUSE COVE CONDOMINIUM, INC., hereinafter referred to as "SOURCE", and has the need to dispose of the waste residual generated by the SOURCE, and WHEREAS, as a condition precedent to obtaining a valid operating permit for the SOURCE, the Florida Department of Environmental Protection (FDEP) requires the CUSTOMER to enter into an Agreement for the handling ofsludge residuals. NOW THEREFORE, for and in consideration of the mutual terms, covenants, and conditions to be complied with on the part of the respective parties hereto, it is agreed to as follows: 1. Nothing in this Agreement shall supersede or take precedence over the obligation and responsibility of each party to operate and maintain its individual plant in compliance with the frequency and schedule stated in Chapter 62-640, Florida Administrative Code. Ngt t Af 4 IV* E.tiR ?aEU%G "'If . t-wr�E ph�tl,�,►,a�r. co.e fwLn�.r. ,.:. s.�t n�na�.t � R�,r I � 1 w S� 2. The CUSTOMER hereby covenants and agrees:. A. If the CUSTOMER stabilizes the residuals to level "B" or above, none of said residuals shall be mixed with unstabilized material. The use of lime for stabilization is prohibited. if mixing has occurred, the entire load will be required to be stabilized at the SOURCE. B. The CUSTOMER warrants that the residuals delivered to the COUNTY will not contain any hazardous, toxic, or radioactive waste or substances as defined by applicable federal, state, and local laws and restrictions. C, The maximum permissible daily residual discharges from the CUSTOMER'S residual waste stream small not exceed 219 gallons per day. D. The CUSTOMER agrees to pay to the COUNTY, fees in accordance with the Schedule of Water and Sewer Rates and Charges, which is attached hereto as Exhibit "A". 3. The COUNTY hereby covenants and agrees: A, To maintain, monitor, and operate the dewatering facility and residuals disposal site (landfill) in compliance with Chapter 62-640, Florida ,Administrative Code. B. To accept responsibility for the proper measurement and dewatering for the proper disposal of the residuals as required by Chapter 62-640, Florida Administrative Code. 4. It is further understood by both parties that: A. Each party understands this Agreement is subject to the rules, regulations and directives of the regulatory agencies, and agrees that in the event such rules, regulations and directives require modification of this Agreement, each will negotiate in good faith to make such modification. B. Upon arrival onsite for treatment of residuals from the CUSTOMER's plant, the COUNTY has the right to refuse treatment of said residuals, if it is demonstrated that the chemical or physical characteristics of the transported material is not consistent for dewatering. The CUSTOMER will be responsible for the removal and proper disposal of the transported material. If such residual requires further treatment, such as outside dewatering or chemical addition, then a surcharge fee may be imposed by the COUNTY for said additional treatment. PAgc Z of 4 u ��. d!'TS.IiY L'MGt!ytl uvr:ww1:. a yr rew •�'+ �M-w:... t..�r.r �.c . y,ly �+� - �+� o � M a a,. L'"J' C. It is specifically agreed and understood fay all parties licreto, that the prevailing rate established by Indian River County Utilities Department (see Exhibit A, attached), is for the proper treatment and disposal of residuals delivered by the CUSTOMER to the Indian River County Residuals Management Facility. D. CUSTOMER shall make payment within the thirty (30) days after dispatch by the COUNTY of an invoice to the CUSTOMER, unless a longer time period is allowed by the COUNTY. In tite event that payment is not made when due, the COUNTY, at its sole option, may immediately terminate this Agreement on notice to the CUSTOMER and the Florida Department of Environmental Protection. COUNTY may impose, and CUSTOMER agrees to pay, a late fee not to exceed the maximum rate allowed by applicable law, or as set forth in any fee schedule. E. The CUSTOMER shall have an Agreement with the licensed hauler, subject to approval by the COUNTY, providing that the licensed hauler shall be responsible for damage to COUNTY property, such as road surfaces, inter alis, resulting from the CUSTOMER'S vehicle delivering residuals to the COUNTY Wastewater Treatment Facility. F. Changes in the Schedule of Charges, capacity, and type of equipnmcnt, may be agreed upon only in writing. Oral agreements will not be considered as binding. G. COUNTY reserves the right to temminate this Agreement on sixty (66) days written notice. H. Venue for any lawsuit brought by either party against time other party, or otherwise arising out of this agreement, shall be in Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern District of Florida. 5. TERMS OF AGREEMENT: A. The Terms of this Agreement shall be for three (3) years from the effective date of service, and shall be automatically renewed for like terms, unless either party shall give written notice of termination via Certified Mail, UPS, or equivalent, to the other party at least sixty (60) days prior to termination of [tic initial term, or any renewal term, or unless the County exercises its right to terminate pursuant to Paragraph 4G. In the event the CUSTOMER ternminates this Agreement other than as provided above, CUSTOMER shall pay to time COUNTY, as liquidated damages, a sum calculated as follows: t'ay,r 3 ort +...r.c;rrurrr�w°sn•rs+,riu�wr�Mr.re«t.,.a�..�..� sy+��w.usw�. If the remaining terns under the Agreement is six (6) months or fess, CUSTOMER shall pay its most recent monthly charge multiplied by six (6). If the remaining term under this Agreement is six (6) months or more, CUSTOMER shall pay the most recent charge multiplied by the number of remaining months in the term. B. This AGREEMENT shall be binding on the parties, their successors and assigns. IN WITNESS WHEREOF, the parties have caused these presents to be Executed. This 21 st day of November , 2000. A�- kl'� Donald Schmitt, President LIGHTHOUSE COVE CONDOMININUM, INC. Witnessed by: A� 1-vJ County At s Iey Approved as to Form and Legal Sufficiency )"nes E. Chandler, aunty Administrator INDIAN RIVER COUNTY, FLORIDA FRAN ADAMS, Chairman BOARS? OF COUNTY COMMISSIONERS Approved by BBC: 11-21-2000 Attest; Jeffrey B. Barton, Clerk of the Circuit Court Dcputy ClerkpATRICIA M. R1 GE Indian Rimer Co. Approved Date Administration j AS utitihes Budget tA/ Lc ai till •" I +'A, w 11 IF G Risk Manager I *'� 5. 9'. itV01, P,,'e a of SCHEDULE OF IVATER AND SEif'ER RATES AND CHARGES B131 1-k 'NatR Billing Charge - Per Account Per Month S1.29 Base Facility Charge Where Lines are Available - Per EIRU S6.19 Base Facility Charge Where Capacity is Reserved, But Lines are not Available - Per ERLI S3.10 Volume Charge - per 1,000 gallons Water deter Basis $ 2.63 Excess Volume Surcharge - Greater than 7600 gallons per month Pcr ERU* `Surcharge for bulk users will apply to flow exceeding total capacity reserved by bulk user In all meters. S4.45 Bulk Saver qd- Billing Charge --Per Account Per Month S 1.29 Base Facility Charge %%'here lines are Available -Per ERL' 513.31 Base Facility Charge Where Capacity is Reserved. But Lines are not Available - Per ERV S6.71 Volume Charge - per 1,000 gallons W2ter Meter Basis $ 2.63 Volume Charge - per 1,000 gallons Server Meter Basis S2.98 Excess Volume Surcharge - Greater than 7600 gallons per month - Per ERC-* *Surcharge for bulk users will apply to Clow- exceeding total capacity reserved by bull: user in all meters. $ 4.45 Excess Sewage Strength Charge Sewage Charge X Ratio of Total Dissolves Solids or Biochemical Oxygen Demand in Milligrams Per liter/250. Excess Sewage Strength Charge Applicable to Customers Required to Use Greasetraps but who have obtained a Variance due to hardship or financial unfeasibility Sewage Charge' Reclaimed water -per 1 000 gallons S 0.15 SIIWge And Sept@& Rates(b) Charge per 1,000 gallons(a) 830,82 Charge per wet ton(a) 5 7,51 Notes: (a) Recommended rates assume domestic sludge with solids Concentration of between .5 and 2.0 percent. (b) Costs Incurred by County to sample, monitor and/or test wastes to verify solids concentrations, metals, content, etc. or additional costs incurred to handle or dispose of wastes %tch high metal concentrations or other cion -domestic waste characteristics should be recovered from the users discharging the lassies In addition to The above charges based on forKnula's avaltable Co the Departtrsent of Utility Services. E%Hidl I -A P rsr� 5--014-011 fir! A*VAW AJ— "ip an." 44. t.,.f q;1% " kV. a.