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AGREEMENT FOR TREATMENT AND DISPOSAL OF DOMESTIC WASTEWATER BIO-SOLIDS RESIDUALS Agreement for Treatment and Disposal of Domestic Wastewater Bio-Solids Residuals (Bio-Solids Services - Sludge Hauling Contract) ~ This agreement entered in this ~.3 day of ~ ' 2008, between the City of Clearwater, P.O. Box 4748, Clearwater, Florida 3 758-4748 ("CIty") and H&H Liquid Sludge Disposal, Inc., 6990 US Highway 27, Branford, Florida 32008 ("Hauler"), is for the removal, treatment, and disposal of domestic wastewater residual bio-solids. Whereas, Hauler accepts full responsibility and liability for hauling and disposing of residuals from the point of loading from the source facility, in accordance with Chapter 62-640, F.A.C. Whereas, City owns and operates three domestic wastewater treatment facilities and has the need for the removal ofbio-solids generated at those facilities; and Whereas, City has selected H&H Liquid Sludge Disposal, Inc. for the removal of bio-solids generated at the City's facilities; and Whereas, this agreement incorporates all terms and conditions in Request For Proposal # 13-08 for Bio-solids Services and Haulers response to said proposal. Now therefore, for and in consideration of the actual terms and covenants set forth in the City of Clearwater Request For Proposal #13-08 and Haulers's response thereto the parties agree as follows: 1. City hereby covenants and agrees: A. To provide analyses of the bio-solids residuals generated in accordance with the operating permits of the source treatment facilities. B. To pay according to the amounts and payment schedule submitted by the Hauler in accordance with those conditions set forth in RFP #13-08 including hauling of unstabilized bio-solids from the Marshall Street Advanced Pollution Control Facility (APCF) to the Hauler's Residual Management Facility, hauling and disposal of stabilized bio-solids from the Northeast APCF, and hauling of liquid unstabilized bio-solids from the East APCF to the Northeast APCF. C. Biosolids disposal from the City's Northeast and Marshall Street APCFs will be as follows: 1. Class B Biosolids by the following Land Application Methods: a) Surface aoolication: Biosolids that meet the Class B pathogen reduction and vector attraction reduction, per 62-640.600(1 )(b), F.A.C., can be directly surface applied by the hauler on their permitted land application sites. b) Incorporation into soil: Biosolids that meet Class B pathogen reduction, but do not meet the Class B vector attraction reduction requirements can be incorporated into the soil by the hauler on their permitted land application sites that allow incorporation to achieve vector attraction reduction. 2. Biosolids that do not meet Class B requirements (unstabilized biosolids) . shall be disposed of at a Class I Landfill or at a Residuals Management Facility (RMF) by the contract hauler. 2. Hauler covenants and agrees: A. To accept full responsibility fro the bio-solids at the point of loading at the source facility and to provide a performance bond as specified in RFP # 13-08. B. To submit invoices in a timely manner with all of the information required in RFP #13-08. C. To provide data and maintain records as set forth in RFP #13-08 and as required by all governmental regulations. D. To comply with all the specifications as outlined that have not been included in this document. Any interpretation of the parties' responsibilities shall be controlled by the terms ofRFP #13-08. 3. The term of this agreement shall be for twenty-four (24) months from the date of this agreement with a twelve (12) month renewal option at the discretion of the City. City may terminate this agreement for any reason with thirty (30) days written notice to Hauler. 4. Hauler shall indemnify and hold harmless from and against all loss, cost, expense, and liability whatsoever, including attorney's fees resulting from Hauler's activities. Hauler's duty to indemnify shall include indemnification from and against any fine, penalty, liability or cost arising out of Hauler's violation of any law, ordinance or government regulation applicable to Hauler's activities. 5. Nothing stated in this agreement shall supercede or take precedence over the responsibility of each party to operate and maintain their individual and collective facilities in compliance with the obligations set forth in their individual operating permits and in the applicable rules of the United States Environmental Protection Agency and the State of Flori~ Department of Environmental Protection. 6. The validity, construction, and performance of this Agreement shall be governed by the laws of the State of Florida. Countersigned: CITY OF CLEARWATER, FLORIDA L~~ By:W~I3.tk-JL 'FrcrDk Hibbard William B. Home II Mayor-Councilmember City Manager Approved as to form: Attest: (name) RiCk D. Hacht (title) President