R91-046RESOLUTION NO. R91-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE AGREEMENT BETWEEN THE
SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT AND DISPOSAL BOARD AND
ENVIRONMENTAL SCIENCES CORPORATION;
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE SAID AGREEMENT;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it has been deemed by the City Commission of
the City of Boynton Beach, acting in their capacity as one
of the governing municipalities of the South Central
Regional Wastewater Treatment and Disposal Board, to be in
the best interests of the citizens and residents of the City
of Boynton Beach to enter into an Agreement with
Environmental Sciences Corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of
Boynton Beach, Florida hereby ratifies the Agreement between
the South Central Regional Wastewater Treatment and Disposal
Board and Environmental Sciences Corporation, and authorize
the Mayor and City Clerk to execute said Agreement, attached
hereto as Exhibit "A".
Section 2. This Resolution
immediately upon passage.
shall take effect
PASSED AND ADOPTED this // day/ March, 1991.
///Mayor ?
¢±cc~ Mayor
Commissioner
~Cor~lss£oner -
Commissioner
ATTEST:
Clerk
( CC'tpora~'e -Seal~' ' '
SLUDGE DISPOSAL CONTRACT
THIS SLUDGE DISPOSAL CONTRACT is made and entered into this 24th
day of January "91,"by and between the SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND D~SPOSAL BOARD, hereinafter referred to as "the
BOARD" and Environmen~cal Sciences Corporation. hereinafter
collectively referred to as "CONTRACTOR."
WITNESSETH:
WHEREAS. the BOARD is the owner of that certain regional wastewater
treatment and disposal facility located at 1801 North Congress Avenue. Delray
Beach. Florida. 33445. such regional wastewater treatment and disposal
facility hereinafter to be referred to as "Plant": and
WHEREAS. the BOARD's Plant has the capability of producing either
liquid 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
WHEREAS, 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 Ikluid or the dewatered state.
SCRW. FL24
NOW, THEREFORE. in consideration of the mutual convenants and
promises herein contained, the parties hereby agree as follows:
I. Scope of Services: CONTRACTOR agrees to provide all labor.
equipment, and materials required to transport and dispose of all wastewater
sludge produced at the South Central Regional Wastewater Treatment Plant
during the term of this agreement in the manner and pursuant to the terms
hereinafter set forth:
CONTRACTOR shall provide all tanker trucks and dump trucks
required to transport all liquid or dewatered wastewater
sludge, as determined by the BOARD, to a sludge disposal or
utilization site provided by the CONTRACTOR. A minimum of
five tractor trailer vehicles shall be dedicated to
transporting the BOARD's sludge for the duration of this
contract.
CONTRACTOR shall secure an agreement for the use of
sufficient areas of land for the disposal of all the BOARD's
wastewater sludge. All sites shall be permitted for the
disposal of wastewater sludge as required by Chapter 17-640
of the Florida Administrative Code (FAC 17-640/. A minimum
SCRW. FL24
of four (4) independent and separate sites shall be dedicated
to receive the BOARD's Sludge. CONTRACTOR shall demonstrate
site capacity based on heavy metal application 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. The Site Use Plan shall be as described m
FAC 17-640. CONTRACTOR shah submit to the BOARD copies of
all Site Use Plan Modifications and Annual Updates as
described by FAC 17-640.
The BOARD shall be responsible for loading wastewater
sludge into CONTRACTOR's trucks at the South Central Regional
Wastewater Treatment Plant site.
The BOARD designates the Plant Superintendent 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 plant superintendent or
his designees, who will collect and maintain trip lickers for
each load of sludge removed from the plant by the CONTRACTOR.
SCRW. FL24
Trip tickets on a form acceptable to the BOARD and the
Florida Department of Environmental Regulation (FDER) shall
establish a chain of custody from the BOARD. through the
CONTRACTOR. to the disposal site. A representative of the
owner of the disposal site shall sign the trip ticket
acknowledging receipt of each truckload of sludge. A copy of
the completed trip ticket will be returned to the BOARD
following delivery of each load of sludge at the disposal
site.
CONTRACTOR agrees to abide by the hauling schedule
established by the Plant Superintendent, and to remove sludge
on a 365 day per year basis as directed by the Plant
Superintendent. The CONTRACTOR agrees to respond to the
BOARD's direction and request within twenty-four (24) hours
in order to avoid nuisance odor conditions which may result
from sludge being retained at the plant site longer than
necessary.
The CONTRACTOR agrees to obtain anti maintain in good
standing, all necessary local, regional, State. and Federal
permits and licenses required to transport and dispose of
wastewater sludge.
SCRW.FL24
1
CONTRACTOR agrees to bear all responsibility for the proper
disposal of wastewater sludge that has been treated as
required by FAC 17-640. The CONTRACTOR further agrees that
he is a~vare of and will comply with all requirements for
proper disposal as described in the BOARD's operating permit.
The BOARD's plant is currently regulated by Federal. State
and local agencies and regulatory bodies. The CONTRACTOR
agrees to abide by any pronouncements, order, regulation.
permit, license, restriction, injunction, moratorium, or
denial of permissmn m operate the plant imposed or issued
by anyof said agencies or bodies or by any court of
competent jurisdiction
The BOARD accepts responsibility for providing the CONTRACTOR
with sludge meeting Class B.or C stabilization criteria as
defined in I~AC 17-640. Sludge provided by the BOARD shall
meet the chemical criteria for land application as outlined
in FAC 17-640.700(C).
CONTRACTOR agrees to dispose of any sludge which does not
meet the criteria for land application as outlined in FAC
17-640. in a State Permitted landfill in accordance with FAC
S C RW. FL24
17-7. Sludge to be disposed of in a landfill shall be
de~vatered to a minimum solids concentration of 12 percent by
weight.
M. CONTRACTOR agrees to transport and dispose of sludge on a
schedule as directed by the BOARD to assure that the plant
effluent quality is not degraded, and odors due to prolonged
storage do not occur.
Nd
CONTRACTOR and the BOARD agree that sludge production at the --
BOARD's plant will vary annually, seasonally, and monthly.
Therefore, the values given below for anticipated sludge
production are to serve only as a summary of past years'
experience with respect to potential sludge production during
the contract period. The potential for sludge production
during the period of this agreement is 25 million gallons at
a concentration of 3-10 percent dry solids by weight.
De~vatered sludge shall range from 12 to 20 percent dry solids
by weight.
O
The decision to produce liquid sludge or dewatered sludge
cake shall be at. the sole discretion of the BOARD with the
following exception:
SCRW.FL24
During those times ~vhen the CONTRACTOR is prohibited
from disposing of liquid sludge at all of his
permitted disposal sites, the CONTRACTOR may require
the BOARD to produce dewatered sludge cake after
24-hours advance written notice.
The following records shall be provided to the Board in a
form approved by the Florida Department of Environmental
Regulation ~FDER) and in accordance with FAC 17-640.700(4)(p).
l. Date of sludge application or disposal.
2. Location of sludge application or disposal.
3. Amount of sludge applied or disposed.
4. Identification of the specific area on the disposal site
where the load of sludge was applied.
5. Method of sludge incorporation into the 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 loads for each vehicle used to transport
h '
t e BOARD S sludge. The CONTRACTOR shall provide a
SCRW. FL24
permanently mounted level indicator showing the maximum
allowable sludge level inside the tanker/trailer. This
indicator is to be visible during loading operations and will
serve to verify sludge loads disposed of by the CONTRACTOR.
2. TERM. The term of this Agreement shall be for a period of three
(3) years, commencing on the 24 day of danuavy 19 91, and terminating
on the 24 day ofdanuavYl9 94. Notwithstanding the provisions
hereinabove set forth, thisContract shall terminate upon the occurrence of
any of the following events:
A. The insolvency of CONTRACTOR. filing of bankruptcy by
CONTRACTOR or the filing of reorganization under the
Bankruptcy Code by CONTRACTOR,
B. A material breach of any of the terms and conditions as
provided for herein by CONTRACTOR.
Notwithstanding the term of this Agreement as hereinabove
provided, the BOARD is hereby granted the right to terminate this Agreement at
any time without cause upon ten (10) clays advance written notice to CONTRACTOR.
3. COMPENSATION. In consideration of CONTRACTOR furnishing the
services hereinabove provided to the BOARD, the BOARD shall pay to CONTRACTOR
a fee for their services according to the following'schedule:
SCRW. FL24
A. T~wenty Eight Dollars ($28. O)Oper thousand
gallons of liquid sludge (contemplated to be of a thickness
of approximately four percent (4 %) solids) removed 'from the
BOARD's Plant. During such time as the Department of
Environmental Regulation shall close all Of the CONTRACTOR's
sites for the disposal or utilization of liquid sludge, the
parties recognize that CONTRACTOR Will not be able to haul
and dispose of such sludge unless the BOARD 'produces a
dewatered sludgecake for hauling, disposal and/or utilization
by CONTRACTOR to one of CONTRACTOR's sites. In such event,
the BOARD shall pay to CONTRACTOR such stems as are required
pursuant to sub-paragraph B below with respect to all such of
the BOARD's dewatered sludgecake hauled, disposed of and/or
utilized by CONTRACTOR.
B. The BOARD shall be entitled, upon 24 hours notice, at any
time to elect to produce a dewatered sludgecake and require
CONTRACTOR to haul, dispose and/or utilize such sludge at one
of CONTRACTOR's sites or properly permitted landfills. In
the event the BOARD produces such dewatered sludgecake.
CONTRACTOR agrees to haul the same to one of his approved
sites or properly permitted landfills and dispose and/or
utilize same for a price of Nine and 50~[~(~lars
($ 9.50 per cubic yard of such sludgecake. The CONTRACTOR
SCRW.FL24
shall pay any tipping and/or disposal charges incurred by it
with respect to the disposal and/or utilization of such
dewatered sludgecake.
CONTRACTOR shall bill the BOARD for such services on a monthly basis
in arrears and shall provide to the BOARD such backup data and evidence
verifying such invoice as the BOARD may reasonably require. Payment shall be
made to CONTRACTOR within thirty (30) days from receipt of such billing
invoice by the BOARD.
4. INSURANCE. CONTRACTOR agrees, at all times during the term of
this Contract. to m,'fintain Florida Worker's Compensation for its employees and
to carry comprehensive business liability and automobile liability insurance
with limits of not less than $1 million for property damage and $1 million for
bodily injury and personal injury each occurrence. Additionally. the business
liability policy shall contain provisions for contractual and product
liability coverage.
Both the business and automobile liability policies shall name
the Board as Additional Named Insurers. Insurance carrier(s) shall be rated
at least B+:Class X by the latest Key Best Rating Guide.
5. INDEMNIFICATION AND HOLD HARMLESS. CONTRACTOR
agrees to indemnify, save and hold the BOARD harmless from any and all losses.
SCRW FL24
damages, claims, fines, penalties or expenses of any other nature, including
legal defense and investigative costs arising out of CONTRACTOR's performance
of its obligations pursuant to the terms of this Agreement.
6. NOTIFICATION OF VIOLATION. CONTRACTOR agrees to provide
to the BOARD written notice of any and all written violations or citations
filed or issued against CONTRACTOR with 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 a. grees to not enter into any
consent order or final determinations or settlements with any regulatory or
governmental body without first providing the BOARD ten (I0) days advance
written notice of such action.
S CRW. F L24
IN WITNESS WHEREOF. the parties hereto have executed this Slud~ge
Disposal Contract the day and year first above written.
SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT AND
DISPOSAL BOARD
Chairman
DAVID E. RANDOLPH
Contradtor
By:.
Title
The above Agreement is hereby ratified in open session by the City of Delray
Beach this day of __, 19__, by a __ vote.
ATTEST:
Mayor
THOMAS E. LYNCH
City Clerk
Approved as to form:
City Attorney
JEFF KURTZ
The above Agreement is hereby ratified in open session by the City of Boynton
Beach this day of , 19 . by a vote.
Mayor
ATfEST: GENE MOORE
City Clerk
Approved as to form:
City Attorney
dAMES A. CHEROF
SCRW.FL24