1762 Shelly's Septic Tanks Agreementpin�%,,
PURCHASING I
TRANsmrf
To: City Clerk
RE: Shelly Septic's Tanks Agreement- Disposal of Domestic Waste Water
Residuals
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
Z
Mayor's signature
❑--'Recordi""
Rendering
Safe keeping (Vau
Deputy. -City -Manager
Payment Bond
❑
City Manager Signature
City Clerk Attest/Signature
❑
City Attorney/Signature
Once completed, please:
Z Return originals to Purchasing- Department
F-1 Return copies
El
Special Instructions:
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From
TADeptJornis\City Clerk Transmittal Memo - 2009.doc
Date
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A0, � !IIIII 1�11
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Contract Agreement Name: Shelly Septic's Tanks Agreement- Disposal of
Domestic Waste Water Residuals
---- Pu asing Man ger
Finance Director
City &ttforney 0
— 4- -7
Date
� I —1 l cc.r
Date
Date
CONTRACT FOR TREATMENT AND DISPOSAL OF
DOMESTIC WASTE WATER RESIDUALS
This Contract, by and between Shelley's Septic Tanks, Inc., hereinafter
referred to as "SES" and The City of Sanford, hereinafter referred to as the
"GENERATOR".
Whereas, SES is the owner and operator of a Biosolids Treatment
Facility (BTF), and whereas, said facility has been approved and is operating
under a Florida Department of Environmental Protection (FDEP) permit, and
Whereas, the GENERATOR owns and operates a wastewater
treatment facility, and has a need to dispose of biosolids generated by the
GENERATOR, and
Whereas, SES is responsible for the maintaining and operation of the
BTF in compliance with Chapter 62-640, Florida Administrative Code and
compliance to the full extent of all Rules and Regulations applicable by Federal,
State and local governing bodies, and
Whereas, as a condition precedent to the obtaining a valid operating
permit for the Whereas,, FDEP requires SES to file an Agricultural Use Plan
whereby SES certifies that his residuals shall be applied only on sites for which
an Agricultural Use Plan has been approved by the FDEP.
Now therefore, 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 in conjunction with the Purchase Order issued by the
GENERATOR and the terms and conditions referenced therein:
1. Nothing in this Contract shall supersede or take precedence over the
obligations and responsibilities of each party to operate and maintain its
individual plant in compliance with the rules of the State of Florida.
2. The GENERATOR hereby covenants and agrees:
A. To pay a fee of $45.00 per ton treatment and disposal of Biosolids.
B. To produce residuals that meet the chemical criteria as stated in
Chapter 62-640 and any and all Federal and State Requirements.
C. To warrant that the residuals hauled by SES shall not contain any
hazardous, toxic or radioactive waste or substances as defined by applicable
Federal, State and local laws or restrictions.
2. SES hereby agrees to accept all responsibility:
1
A. To maintain, monitor and operate the BTF and residuals application sites
in compliance with Chapter 62-640, Florida Administrative Code.
B. To accept all responsibility for the proper measurement, stabilization and
land application and for the proper application of the residuals as required by
Chapter 62-640, Florida Administrative Code.
C. To maintain a record of the total quantity of residual land applied, to file
with the FDEP a summary as required by the licensing permit issued to SES and
to provide the necessary Agricultural Use Plan as required by FIDEP under
Chapter 62-640, Florida Administrative Code.
4 Payment shall be made upon within forty-five (45) days of invoice date.
5. The term of this Contract shall be for one (1) year upon date of execution
and shall be renewed as agreed by both parties for three (3) additional one (1)
year periods thereafter unless GENERATOR gives written notice of cancellation
by Certified Mail with thirty (30) days notice prior to the end of such term or any
extended term.
6. In the event it should become necessary for either party to retain the
services of any attorney to inforce any provision of this contract, both parties
agree that the cost of any legal proceedings and reasonable attorney's fees,
including any attorney fees and costs incurred as a result of any appellate
proceedings shall be paid by the party that does not prevail.
7. Either party can terminate this agreement at any time prior to the initial
term of Contract, only with written notice (Certified Mail) of no less than thirty (30)
days.
In Witness Whereof, the parties have executed this agreement this day of
reh, 2016.
14 I(
Shelley's Septic Tanks, Inc.
4 IAL� A I�ZltO J. avid Shill Jr, PresiWt
Date: &
U
Attest:
ara E. Shelly, Vice President
(SEAL)
ig
City of Sanford
Jeff Tri
Date: ,
3-e-4ROaR &w)r
Printed Name andTitle"
Attest:
Cynthia` Porter, City Clerk