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TREATMENT AND DISPOSAL OF DOMESTIC WASTEWATER BIO-SOLIDS RESIDUALS ~ ,i I 0,':- Agreement for Treatment and Disposal of Domestic Wastewater Bio-solids Residuals @ This agreement entered in this ~~ day of ,2000; between the City of Clearwater, p, 0, Box 4748, Clearwater, Florid 33758-4748 ("City") and Azurix North American Residuals Management, Inc" 5240 Duncan Road, Unit 1, Punta Gorda, Florida 33982, ("Hauler"), is for the removal, treatment, and disposal of domestic wastewater residual bio-solids, Whereas, Hauler is the owner/operator of an alkaline stabilization facility and said facility is permitted by the Florida Department of Environmental Protection as permit number 0270012-002-AO; and Whereas, Hauler's facility is being operated in accordance with Chapter 62-640 FAC, and 40C,F,R, part 257 and part 503; and Whereas, City owns and operates three domestic wastewater treatment facilities currently under review for permit renewal, and has the need for the removal of bio-solids generated at those facilities; and Whereas, City has selecteCl Azurix North American Residuals Management, Inc, for the removal of bio-solids generated at City's facilities; and Whereas, this agreement incorporates all terms and conditions in Request for Proposal 22-00 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 22-00 and Hauler's response thereto the parties agree as follows:: 1, City hereby covenants and agrees: A To provide analyses of the unstabilized 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 residual management facility in RFP 22-00, C, That all residual bio-solids are unstabilized and are generated through the treatment of domestic wastewater and do not contain toxic industrial waste or radioactive substances to the best of source knowledge, rtJ t I I 2, Hauler covenants and agrees: A. To accept full responsibility for bio-solids residuals at the point of loading at the source facility and to provide a performance bond as specified in RFP 22-00, B. To submit invoices in a timely manner with all of the information required in RFP 22-00, C, To provide data and maintain records as set forth in RFP 22-00 and as required by all governmental regulations, D, To comply with all of the specifications as outlined that have not been included in the content of this agreement. Any interpretation of the parties' responsibilities shall be controlled by the terms of RFP 22-00, E, That the City may contract with another vendor for the removal and transport of liquid residuals from the East APCF to the Northeast APCF when and if the City wishes to do so, 4, The term of this Agreement shall be for sixty (60) months from the date of this agreement. City may terminate this agreement for any reason with thirty (30) days written notice to Hauler. 5, Hauler shall indemnify and hold City 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, 6, Nothing stated in this agreement shall supersede 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 Florida, Department of Environmental Protection, 2 I)J , t"; i I 7, The validity, construction, and performance of this Agreement shall be governed by the laws of the State of Florida, Countersigned: Bri,"~91'~ Mayor-Commissioner CITY F CLEARWATER, FLORIDA By: ichael J, Roberto City Manager Approved as to form: Attest: S;~~- n Carassas Assistant City Attorney - ;"2t, ia E, Goodeau lerk AZURIX NORTH AMERICA RESIDUALS MANAGEMENT, INC, '~ ~ ' e renzll Vice President - ~ ------- -.-. 3 ,q()