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R94-017RESOLUTION NO. R94-/7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ON JANUARY 20, 1994, WHEREIN A CONTRACT BETWEEN THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AND J & J BAKER ENTERPRISES, INC., WAS APPROVED; SAID CONTRACT BEING ATTACHEDHERETO AS EXHIBIT "a"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment l& Disposal Board (SCRWTDB) requests ratification of the action taken by the Board on January 20, 1994, wherein a Sludge Disposal Contract between the South Central Regional Wastewater Treatment and Disposal Board and J & J Baker ~ Enterprises, Inc., was approved, said Contract being attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF iTHE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on January 20, 1994, and authorizes and directs the Mayor and City Clerk to execute said ratification. Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this // day of February, 1994. CITY OF BOYN/T~N BEACH, FLORIDA )r ATTEST: (Corporate Seal ) Commissioner SCRWTD.ACT 1/20/94 8LVD~ D~CSPO~AL CONTI~CT ~.~(~ I1 THIS SLUDGE DISPOSA~ CONTRACT is made and entered into this day of - -. . , 1994, by and between the SOUTH CENTRA~ REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, hereinafter referred tO as the "BOARD," and J & j BAKER ENTERPRISES, INC., hereinafter referred ~o as "CONTRACTOR." WI TNESSETHI WHEREAS, the BOARD is the owner of that .certain regional wastewater treatment and disposal facility located at 1801 North Congress Avenue, Delra~ Beach, Florida 33445, such regional wastewater referred to as WHEREAS, either liquid treatment and disposal facility hereinafter to be "Plant"; and the BOARD'S Plant has the capability of producing wastewater sludge or dewatered wastewater sludge, which such sludge is required to be removed from the Plant site and disposed of at locations Which are approved by Federal, State and local regulatory agencies; and W~EREAS, CONTRACTOR is in the business Of and has the capability of handling, hauling, removing and disposing, or of utilizing the BOARD'S wastewater sludge, either in the liquid or the dewatered state. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. S o e of re_ lc:. ~ CONTRACTOR agrees to provide all labor, equipment, and materials required to transport and dispose of all wastewater sludge produced at the South Central Regional A' RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN-BY 'THE SouTh' c~NTRAL REGIONAL ~ASTEW~ER ANUARY 20, BETWEEN THE SOUTH WASTEWATER Wastewater Enterprises, Inc., hereto as Exhibit- ~al WastewaterTreatment the action , ~1994~ ~wherein a Sludge South Central Regional ~posaI-Hoard and J & J Baker was approved, sai~ Contract being attached N0~,:,THEREFOR, E~, BE. ITRE~©LVED BYTHE CITYCOMMISSION OF THE cIT~ ~FBOYNToN BEACH, FLORIDA THAT: Section i. of the City of Boynton Beach,. 'F action taken by the South Central Regional Wast~ Treatment & Disposal Board on January 20, 1994, and.auth~J ~s~d d~rects the Mayor and City Clerk to execute said ratification. Section 2. This Resolution immediately upon.passage. shall take effect PASSED~AND ADOPTED this day of February, 1994. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Mayor Pro Tem Commissioner Commissioner ATTEST: City Clerk SCRWTD.ACT i/20 94 Wastewater Treatment plant during~t~%ermof this agreement in the manner and pursuant =o th~ terms hereinafter set forth~ A. CONTP~ACTOR shall provide all tanker trucks and dump trucks required to transport all liquid or dewatered wastewater sludge~ as de~ermined by ~he BOARD, to a sludge disposal or utilization ~tte provided by the CONTRACTOR. A sufficient number of road tractors shall be dedicated to transporting the BOARD'S sludge for ~he duration of this contract. B. CONTP~CTOR shall secure an agreemen~ for the use of sufficien~ areas of land for the disposal of all the BOARD'S wastewater sludge. Ail si=es shall be permitted for the disposal of wastewater ~ludge as required by Cha~ter 17-640 and 40 CFR Part 503 of the Florida Adminis~ra~ive Code. A minimum o~ four (4) independent and separate sites including one wet weather,site shall be dedicated ko receive the B0;G%D'S sludge. CONTRACTOR shall demonstrate site capacity based on heavy metal and hi~rogen ap~lication rates to receive the BOARD'S sludge for a minimum of ten (10) years. CONTRACTOR shall provide a copy of the Site Use Plan for each disposal site proposed, for inclusion in the BOARD'S operating permit, as well as a copy of the Annual Agricultural Use Plan. ,The~Si%e. Use Plan shall be as described in FA~ 17~64D and 40 CFR Part 503. CONTRACTOR shall submit to the BOARD copies of all Site Use glan Modifications and Annual updates as ~desc~bed'-~Y ~FAC 1~7-640 and 40 CFR Part 503. The ~ BOARD sh'a'lt be responsible for loading liqUid or cake wastewater sludge into CONTRACTOR'S trucks at the South Central Regional WaStewater Treatment Plant site. The!BOARD designates the Chief of operations as being the representative of the BOARD in all matters regarding sludge treatment and in coordinating sludge disposal with the CONTRACTOR. All sludge removed from the premises by the CONTRACTOR shall be checked by the Chief of Operations or his designees, who will collect and maintain each'load of sludge removed the CONTRACTOR. Trip tickets on a form acceptable to the BOARD and %he Florida Department of Environmental Reg~'lation (FDER) shall establish a chain of custody from the BOARD, through the CONTRACTOR, to the disposal site. A trip tickets for from the plant repr~,sentatiFe o& the owner of the disposal ~l=e shall sign the trip ticket acknowledging receipt of each truckload of sludge. A copy of the completed trip ticket will be returned to the ~OARD.following delivery of each load of s~udge at the disposal si~e. CONTRACTOR agrees to abide by the hauling schedule established by the Chief of Operations, and to =amore sludge on a 365 day per year basis if needed as directed by the Plant Superintendent, The to respond to the BOARD'S direction and request within twenty-four (24) hours in order to ~void nu£sance odor conditions which may result from sludge being retained at the plant site!longer than necessary. The ~0NT~ACTOR agrees ~o obtain and maintain in ~good standing, all necessary local, regional, State, and Federal permits and licenses required to transport and dispose of wast~water sludge. CONT~U%CTOR agrees to bear all responsibility for ~he proper disposal of wastewater sludge that: has been treated as required by FAC 17- 640 and 40 CFR Part 503. The CONTRACTOR further agrees that he is aware of and wall We comply with all requirements for proper disposal as described in the BOARD'S operating perm~. ~he BOARD'S plant is currently regulated by Fede=al, 'State and local agencies and regulatory bodies. abid~ regulation, inJu~ction, moratorium, or denial of permission to operate the plant imposed or issued by any of said agencies or bodies or by any court of competent Jurisdiction. The B~ARDa¢cep=s responsibility for providing the CONTRACTOR with sludge meeting Class B stabl~lsation criteria as defined in FAC 17- 640 a=xd ¢0 CFR Part 503. Sludge provided by the B~ARDshall meet the chemical criteria for land application as outlined in FAC 17- 640.7D0(2). CONTRACTOR agrees to dispose of any sludge which does not meet the criteria for land application as outlined in FAC 17-640 and 40 CFR Part 503, in a State Permitted landfill in accordance with FAC 17-701. The Board shall pay any tipping fees a= such landfill if requi~ed. Sludge to be disposed of in a The CONTRACTOR agrees to-- pronouncements, order, L_~ permit, license, res~riction, Ot landfill shall be dewatered t~ a minimum solids.concentration of 12 percent by weight. CONTRACTOR agrees to transport and dispose of sludge~on s schedule as directed by,he BOARD %o assure that the plan~ effluent quali~y~!~ not degradedt and odors storagD do not occur. CONTRACTOR and the BOAKD due to prolonged agree that sludge production at the BOARD'S plant will vary annually, seasonally, and monthly. Therefore, the values given below ~or anticipated sludge production are to serve only as a summary of past years' experience with respect to potential sludge protection during the contract period. The potential for sludge production during the period of this agreement is S~xty Million 60 million gallons at a concentration of three percen= to ten percent (3% 10%) dry solids by weight. Dewatered sludge shall range from sixteen percen= =o twenty percent (16% 20%) dry solids by The decision to dewatered sludge produce liquid sludge or cake shall be at the sole dlsore=ion of the BOARD. The ~ollowing records shall be provided =o the Board in a form approved by the Florida Department of Environmental Regulation (FDER) and in accordanceWith FAC 17-640.700(4](p). 1. Date of sludge application or disposal. 2. LocatiOn of sludge application disposal, 3. Am~unt'~f sludge applied or disposed. 4. id~ntfficatio~ of the specific area the disposal site where the load sludge was applied. 5. Method of sludge incorporation into the or__ of soil. 6. Water table elevation at the time of application. 7. Sludge analysis results from the most recent quarterly sludge analysis, including percent solids, nitrogen intent, and heavy metals concentration. CONTRACTOR shall provide annual calibration and certification of allowable sludge leads for each vehicle used ~o ~ransporu the BOARD'S sludge, The CONTRACTOR shall provide a mechanism approved by the Chief of Operations to verify sludge loads disposed of by the CONTRACTOR. The file with the Florida Environme~tal Protection in FAC 17-640 and 40 CFR Part CONTRACTOR at his cost shall prepare and Department of accordance with 503, the Annual Agri~ultura! Use Plan and submit a copy to the BOARD for approval prior to such filing. 2. TER~. Th~ term of this Agreement shall be for a period of three (3) yeats commencing upon the full execution of this Agreement and terminating on the day of 19 · Notwithstanding the provisions hereinabove set forth, this Contract shall terminate upon the occurrence of any of the following evente~ A. The insolvency of CONTRACTOR, filing of bankruptcy by CONTRACTOR or the filing of reorg~nisation under the Bankruptcy Code by CONTR~CTOR. B. A material breach of any of the terms and condi~ions as provided for herein by CONTRACTOR. Notwithstanding the term of hereinabove provided, the BOARD may terminate or without cause upon giving ninety (90) days notice to the CONTRACTOR. 3. ~. In consideration of CONTRACTOR furnishing the services herelnabove provided to the BOARD, the BOARD shall pay to CONTRACTOR a fee for their services according to the following schedule: this Agreement as this Agreement with advance written A. Twenty~two per 1000 three solids Dollars and 04/100 Cents ($22.04) gallons of liquid sludge to. ~e of s thickness between percent and ten percent (3% - 10%) =e~oved from the BOARD'S Plant. Without a Payment and Performance Bond. ent~itled, u~on 24 hours ~any time to elect to produce a dewate~ed sludgecake andrequire CONTRACTOR to haul, dispose and/or utilize such sludge at one o~ CONTRACTOR,S sites o~ properly permitted landfills. In the event the BOARD produces such dewatered sludgecake, the CONTRACTOR agrees to haul the same to one of his al~roved sites or properly permitted landfills and dispose andfor utilize the same for a price of Seven Dollars and 35/100 Cents ($7.35) per cubic yard of such sludgecake. without~ a Payment and Performance Bond. The CONTRACTOR shall pay any tipping and/or disposal charges incurred by it with respect to thei dispose1 and/or utilization of such dewatered sludgecake. CONTRACTOR shall ~ill the BO~/~D for such services on a monthly basis in arrears and shall provide ~o ~he BOARD such'backup data and evidence verify~ng such invoice as the ~OARD may reasonably require. Payment shall be made to CONTRACTOR within thirty (30) days from receipt of such billing invoice by the BOARD. 4. ~. CONTRACTOR agrees, at all times during the term of this Contract, to maintain Florida Worker's Compensation for i~s emPlOYeeS and to carry comprehensive business liability and automobile liability insurance with limits of not less than $1 mi%li~n of property damage and $1 million for bodily injury and personal inJur~ each occurrence. Additionally, business liability policy shall contain provisions for contractual and producU liability coverage. ? Both the business and automobile liability policies shall name the Board as Additional Named Insureds. Insurance carrier(s) shall be rated a% least B+~ Class X by the latest Key Best Rating Guide. 5. INDEMNIFICATION AND HOLD FJ~RMLES$. In consideration of ten dollars ($i0.00) and other good and valuable consideration paid by the BOARD to the CONTRACTOR in addition to the compensation paid pursuant to this Agreement, CONTRACTOR agrees to indemnify, save and hold the BOARD harmless from any and all losses, damages, claims, fines, penalties~or expenses of any other nature, including legal defense and invest~gative costs arising out of CONTRACTOR'S performance Agreement. 6. provide to violations of its obligations pursuant to the terms of this NOTIFICATION OF VIOLATION. CONTRACTOR agrees to the BOARD written notice of any and all written or citations, filed or issued against CONTRACTOR with disposal or methods, where =he BOARD'S respect to CONTRACTOa' S sludge is involved, within 24 hours of CONT~CTOR receiving notice of Same. CONTRACTOR further agreesto ~ny consent order or final'determinations~ advance written notice of such action. IN~'WI N~S WHEREO~, t.he Sludge"Disposal Contract the day and with any regulatory or (10) days this above Written. WITNESSES~ Bye. / Chairman J & ENTERPRISES, INC. The above Agreement is of Delray Beach this .. vote. ~ BYl'/Tltle~ hereby rati$ied in open session by the City day of f . , 1994, by a . Mayor respect to CONTRACTOR'S disposal or methods, where the BOARD'S sludge is involved, within 24 hours of CONTRACTOR receiving notice of same. CONTRACTOR further agrees to not enter into any consent order or final determinations or settlements with any regulatory or governmental body without first providing the BOARD ten (10) days advance written notice of such action. IN WITNESS WHEREOF, the parties hereto have executed this Sludge Disposal Contract the day and year first above written. WITNESSES: SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD j & J ENTERPRISES, INC. The above Agreement is hereby rati~ed in open session by the~ity of Delray Beach this ~5 day of ~~--, 1994, by a - O vote. ' '~-~ ~ Mayo/ 11 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JANUARY' 20. '1994 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on January 20, 1994, by a vote of 8-0, approve that the South Central Regional Wastewater Treatment and Disposal Board enter into a Three (3) Year Contract for Sludge Hauling with J & J Baker, £nterprisas, /nc., Without a Performance Bond; further subject to the insertion of a Ninety (90) Day Right of Term/nat/on by the Board with or without cause at any time during the term of the Agreement, WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Delray Beach hereby ratify said Board action independently. The above action is hereby rarified 'n open session by the City of Boynton Beach this /~' day of F~ ,/~?~, by a,_~ vote. The above action is hereby ratified in open session by the City of Delray Beach this ,~;z da y of F'~ , /~f~', by a ~'-o vote. CITY OF BOYNTOI~ BEACH Mayor~z Att~st:~ O' CitY.C erk -- Approved as~ fo~'~ City Attorney By: CITY OF DELRAY BEACH Mayor Attest: (~,,,~-,~'~.,,,.~/~i/~/~ ~//~7 "City Approve as to form: [ ~-~City Attorney ATTEST: City Clerk Approved as to form: The above Agreement is hereby ratified in open session by the City of Boynton Beach this / day of ~~¢ , 1994, by a ATTEST: Ci~ Clerk Approve~,as ~)form: City Attorney 12