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HomeMy WebLinkAbout2005-096 y} K : AGREEMENT FOR TRANSPORTATION, TREATMENT, AND DISPOSAL OF DOMESTIC WASTEWATER RESIDUALS THIS AGREEMENT by and between INDIAN RIVER COUNTY, (hereinafter known as the "COUNTY") , whose address is 1840 25th Street, Vero Beach, Florida, 32960, and the WILLIAM D . LAIN REVOCABLE LIVING TRUST , as owner of the ROYAL OAKS MOBILE HOME PARK, located at the corner of 81St Street, and US Highway I, in Wabasso , Florida, 32958 , (hereinafter known as the "CUSTOMER") . WITNESSETH THAT WHEREAS , the COUNTY also owns and operates a is the owner and operator of a Residuals Management Facility, (dewatering facility) , operating under Permit # FLA 010434-001 . WHEREAS , the COUNTY also owns and operates treatment and disposal site, ( Class I Landfill) , that has been approved, and is operating under Florida Department of Environmental Protection (FDEP) permit, in compliance with Chapter 62 - 701 of the Florida Administrative Code, (FAC) , Chapter 62 - 701 , and WHEREAS the CUSTOMER owns and operates a domestic wastewater treatment facility permitted as the Royal Oaks Mobile Home Park Treatment Plant, located at the corner of 81 " Street, and US Highway I in Wabasso , Florida, and hereinafter referred to as the "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 , FDEP requires the CUSTOMER to enter into an Agreement for the handling of sludge 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 as follows : 1 . Nothing in this Agreement shall supercede 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 of the Florida Administrative Code . 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 FAUtilities\UTILITY - CONTRACTS\Transfer & Disposal of Residuals Royal Oaks Mobile Home Park Trust.doc I 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 shall not exceed 33alg lons 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 . 880 of the 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. 880 of the Florida Administrative Code. 4 . It is further understood by both parties that : A . Each party understands that 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 required 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 residuals requires further treatment such as outside dewatering or chemical addition, then a surcharge fee may be imposed by the COUNTY for said additional treatment . C . It is specifically agreed and understood by all parties hereto , 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. FAUtilities\UTILITY - CONTRACTS\Transfer & Disposal of Residuals Royal Oaks Mobile Home Park Trust.doc 2 D . CUSTOMER shall make payment within the (30) days after dispatch by the COUNTY of an invoice to the CUSTOMER, unless a longer time period is allowed by the COUNTY . In the 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 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 equipment, may be agreed upon only in writing and signed by both parties . Oral agreements will not be considered as binding . G. COUNTY reserves the right to terminate this Agreement for convenience on 60-days written notice . 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, Registered Mail, or overnight delivery service to the other party, at least sixty (60) days prior to termination of the initial term, or any renewal term, or unless the County exercises its right to terminate pursuant to Paragraph 4G. In the event the CUSTOMER terminates this Agreement other than as provided above, CUSTOMER shall pay to the County, as liquidated damages , a sum calculated as follows : i . If the remaining term under the Agreement is six (6) months or more , the CUSTOMER shall pay its most recently monthly charge multiplied by six (6) . ii . If the remaining term under this Agreement is six (6) months or less , than the CUSTOMER shall pay the most recent charge multiplied by the number of remaining terms . FAUtilities\UTILITY - CONTRACTS\Transfer & Disposal of Residuals Royal Oaks Mobile Home Park Trust.doc 3 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 29th day of March , 2005 . BOARD OF COUNTY COMMISSIONERS I f� aftw� Thomas S . Lowther, Chairman Approved by BCC : Date : WILLIAM LAIN REVOCABLE LIVING TRUST William Lain, as Signatory for the WILLIAM LAIN REVOCABLE LIVING TRUST Attest : Jeffery . Barton . ; 1� Clerk of Circuit Coixr�.. Witness `1'l Date : b5 B Dej*j ( 0-ark, ' J ph A. gird, County Administrator ov a o Form u ency ounty A orney FAUtilities\UTILITY - CONTRACTS\Transfer & Disposal of Residuals Royal Oaks Mobile Home Park Trust.doc 4 EXHIBIT B SCHEDULE OF WATER AND SEWER RATES, FEES AND CHARGES Bulk Water Billing Charge - Per Account Per Month 51.29 Base Facility Chage Where Lines are Avaii4le ` - Per ERU S6. 19 1 Base Facility Charge Where Capacity is Ressrved, But Lines are not Available - Per ERU S3. 10 . Volume Charge - per 1 ,000 gallons Water Meter Basis 52. 63 Excess Volume Surcharge - Greater than 7600 gallons per month- Per ERU" "Surcharge for bulk users will apply to flow exceeding total capacity reserved by bulk user in all meters. S4AS — • Bulk Sewer Billing Charge - Per Account Per Month SL29 Base Facility Charge Where Lines are Available - Per ERU S13. 41 Base Facility Charge Where Capacity is Reserved, But Lines are not Available - Per ERU 56. 71 Volume Charge - per 1 ,000 gallons Water Meter Basis S2. 63 Volume Charge - per 1,000 gallons Sewer Meter Basis $2. 98 Excess Volume Surcharge - Greater than 7600 gallons per month- Per ERU" " Surcharge for bulk users will apply to flow exceeding total capacity reserved by bulk user in all meters. S4. 45 Excess Sewage Strength Charge Sewage Charge X Ratio of Total Dissolved 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 S0015 Sludee and Sentaae Rates (b) Charge per 1 ,000 gallons(a) S30. 82 Charge per wet ton(a) S 7. 51 Notes: (a) Recommended rates assume domestic sludge with solids concentrations 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 with high metal concentrations or other nondomestic waste characteristics should be recovered from the users discharging the wastes in addition to the • above charges based on formula ' s available In the Department o( Utility Services.