HomeMy WebLinkAbout5.714 Original Contract
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Long Term Septage
Agreement With ACME
THIS AGREEMENT is made this \1.I-\\.oI.day of March, 2005, by and between the
City of Port Angeles and ACME.
For the payments to be made and the benefits to be derived, the parties recite and
agree as follows:
1. Acme Septic Pumping (ACME), 232 Chambers Road, Port Angeles, W A 98362,
owns and operates a septage pumping and hauling business in Clallam County, Washington.
2. A by-product of ACME operations is a quantity of wastewater which must be
discharged in an environmentally suitable manner.
3. The City of Port Angeles (City), a municipal corporation of the State of
Washington, 321 E. 5th St, Port Angeles, WA 98362, owns and operates a secondary sewage
treatment plant at 1509 E. Columbia St. in the City of Port Angeles and has the capability of
properly disposing of this wastewater; and,
4. Disposal of septage at Port Angeles WWTP.
The City agrees to accept and properly dispose of a maximum of up to 10,000
gallons per day of septage generated by and transported to P A WWTP by ACME. The Plant
Superintendent may approve larger quantities on a case-by-case basis.
It is not a breach of the agreement if the City's acceptance of septage may be
interrupted by Acts of God or necessary maintenance purposes or controlled shutdown. In the
event of a controlled shutdown, the City will use its best efforts to advise ACME of the
circumstances, giving it as much possible notice as is reasonably possible.
5. ACME agrees that it's employees and all subcontractors shall abide by all safety
regulations and procedures required by the City.
6. In recognition of this special agreement the contractor agrees to deliver all of the
septage it pumps to the Port Angeles WWTP.
7. Water quality.
The City shall accept septage only that meets criteria set forth in P AMC
13.06.030 except for part B (Part B restricts the dumping of fats, oils, and grease (FOG)). The
City will receive FOG in excess of 100mg/L at the PA WWTP for the duration of this contract.
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8.
Term.
The term of this agreement shall be from the first day of the month following the
date of execution for a term of 5 years beginning on the date this agreement is signed.
9. Rate and Billing.
Acme shall pay to the City upon execution of this contract $75.00 for septage
contract administration. So long as this contract remains in effect no other administrative fee
shall be payable. The rate for City services shall be $0.11 per gallon of vehicle capacity. Billing
shall take place monthly, and payments shall be due thirty (30) days after receipt.
10. Termination.
This Agreement may be terminated upon any of the following events:
a. The failure of either part to perform any of its obligations hereunder;
provided, that the other party has provided such party with thirty (30) days'
written notice of its intent to terminate and allowed an opportunity to cure. If
in the sole opinion of the non-defaulting party, the failure to perform has not
been corrected within the thirty (30) days, the Agreement shall be forthwith
terminated.
b. Notice to the City by any agency with jurisdiction that it is in violation of its
NPDES permit or any other permit or authority necessary for the P A WWTP
plant to be in continuous operation, which notice is related to ACME
operation; provided, that the City in its sole discretion may elect to maintain
this agreement in effect if ACME at its sole expense, timely obtains a stay or
other necessary authority allowing the City to continue to operate the P A
WWTP plant.
c. In the event that funding is withdrawn, reduced or limited in any way due to
City budgetary constraints which reasonably impact P A WWTP plant
operations and the City in good faith deems that the continuation of services
required by this agreement may be terminated upon thirty (30) days notice to
this effect.
d. Termination of this agreement shall not prevent eIther party from invoking
those provisions herein necessary to protect or enforce its right hereunder,
which provisions shall survive termination.
11. Legal relations and insurance.
a. ACME shall comply with all ordinances and resolutions and federal and state
agreements, orders, and laws in connection with its obligations and rights
under this agreement.
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b. Each party shall defend, indemnify and hold harmless the other, its officers,
employees, principals and agents as to any and all injury or damage to the
other or its property that arise out of or are due to its own negligence,
intentional act, or breach of duty. In the event of an ultimate finding of
concurrent negligence by ACME and the City, neither party shall make a
claim against the other for defense costs or attorney fees.
12. Non-assignability.
This agreement may not be assigned by either party without the prior, written
consent of the other.
13. Entire agreement.
This agreement constitutes the entire agreement between the parties hereto and
supersedes all other prior written or oral understandings. Nothing in this agreement shall make
ACME a contractor, agent, or employee ofthe City of Port Angeles.
DATED this \ lo -fl^ day of '(\(\ '&v~
,2005.
THE CITY OF PORT ANGELES
/)~- A--
Glenn A. Cutler,
Director of Public Works & Utilities
.A~ ~ ~ J.) t::ilxJlI.
Becky J. to City CI(;rk
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William Bloor, City Attorney
G \Legal_Backup\AGREEMENTS&CONTRACTS\2005 Agmts&Contracts\Long Term Septage Ageement_a doc
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ACME SEPTIC PUMPING
Ph. 360-457-8766
232 Chambers Rd
: Port Angeles, W A 98362
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