1990-06
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AGREEMENT FOR
qO'och
SLUDGE DISPOSAL
THIS AGREEMENT, made this 23rd day of January, 1990, by
and between the City of Clermont, a municipal corporation existing under
the laws of the State of Florida, hereinafter referred to as the "City"
and John Arnold Enterprises, hereinafter referred to as the "Contractor"
in mutual consideration of the covenants herein contained agree as
follows:
WIT N E SSE T H:
TERMS AND CONDITIONS
A. Prices specified herein will remain firm for the period of
Agreement. No additional prices for services provided
under this Agreement will be considered at any point
during the year.
The City may terminate this Agreement at its convenicence
with advance written notice to the Contractor or upon
breach of any condition contained herein. In addition, a
cancellation may be made at the City's discretion upon
the issuance of a notice or order of any governmental
body, agency or court of competent jurisdiction relating
in any way to the subject matter of this Agreement. case
The Contractor may terminate this Agreement with thirty
(30) days prior written notice having been given to the
City, and only for good cause shown.
Invoices for any payments due and owing shall be
submitted to the City by Contractor at the rate on one
per month, and shall be paid by the City within thirty
(30) days of receipt of invoice. Invoice payment amounts
shall be based upon the total number of cubic yards
delivered by the City to Contractor for distribution.
The number of cubic yards shall be determined by trip
tickets as kept by the City (in original form) and
distributed (in copy form) to Contractor for the trailer
loads of sludge delivered during any thirty (30) day
period; provided, however, that the City's record of the
number of loads delivered shall govern any dispute that
may arise in the calculations of monthly invoice and
payment amounts.
All invoices shall be forwarded to the Director of
Finance, City of Clermont, P. O. Box 120219, Clermont,
Florida, 34712.
Terms of payment will be net thirty (30) days.
The period of this Agreement shall be for twelve (12)
months, beginning on February 1, 1990 and
ending on January 31. 1991 This Agreement
may, by mutual assent of the parties, be extended for two
(2) additional twelve (12) month periods or portions
thereof, up to a cumulative total of thirty-six (36)
months.
The Contractor hereby agrees to indemnify and save
harmless the City, its officers, agents, and employees,
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from and against any and all liability, claims, demands,
damages, fines, fees, expenses, penalties, suits,
proceedings, actions and costs of actions, including
attorney's fees for trial and on appeal, of any kind and
nature arising or growing out of or in any way connected
with the performance of this Agreement whether by act or
omission of the Contractor, its agents, servants,
employees or others, or because of or due to the mere
existence of this Agreement between the parties.
The Contractor, at his own expense, shall keep in force
and at all times maintain during the term of this
Agreement, insurance issued by responsible insurance
companies and in a form and from a company acceptable to
the City, protecting and insuring the City, with coverage
limits of no less than Five Hundred Thousand Dollars
($500,000.00) for bodily injury to or death to one or
more than one person; and not less than One Hundred
Thousand Dollars ($100,000.00) for property damage, per
occurrence. Automobile liability coverage shall be in
the minimum amount of One Hundred Thousand Dollars
($100,000.00); and property damage coverage of Fifty
Thousand Dollars-T$50,000.00) per occurrence.
Full and complete Worker's Compensation Coverage as
required by State of Florida law, and shall be provided.
The Contractor shall provide the City with Certificate(s)
of Insurance on all policies of insurance
and renewals thereof in a form(s) acceptable to the City.
Said policies shall provide that the City be an
additionally insured and be notified in writing of any
cancellation of said policy or policies at least thirty
(30) days prior to the effective date of said
cancellation.
All insurance
companies who
authorized to
Florida.
Although the City represents the nature of the sludge to
be aerobic, waste activated, Grade II (two), the City
cannot guarantee or give warranty as to the chemical
composition of this material. The City does not warrant
or represent that the sludge produced can or should be
used in any particular manner or for any particular
purpose.
The Contractor shall retain and maintain all records and
documents relating to this Agreement and shall make them
available at all reasonable times for inspection and
audit by the City, during the term of this Agreement and
for a period of three (3) years after the expiration of
this Agreement. The Contractor's accounting records and
all supportive documentation shall be maintained in such
a manner as to provide for a separation between direct
and indirect costs.
The parties agree that time is of the essence in the
completion of the Services called for under this Agree-
policies shall be issued by responsible
are acceptable to the City and licensed and
do business under the laws of the State of
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mente The Contractor agrees that all Services shall be
prosecuted regularly, diligently, and uninterrupted at
such a rate of progress as will ensure full completion
thereof within the time specified.
The Contractor shall take all necessary precautions for
the safety of the City's and Contractor's emplyees on
the disposal site.
The Contractor by executing this Agreement, acknowledges
full understanding of the extent and character of the
Services required and the conditions surrounding the
performance thereof. The City will not be responsible
for any alleged misunderstanding of conditions
surrounding the performance thereof. It is understood
that the execution of this Agreement by the Contractor
serves as his stated commitment to fulfill all the
conditions referred to in this Agreement.
II. SCOPE
A. The Contractor shall provide the necessary site(s) for
the proper disposal of all dewatered sludge produced at
the City. The City shall utilize its own equipment for
the delivery of sludge to the specified site(s).
The Contractor shall be responsible for obtaining the
site for final sludge disposal, obtaining all necessary
approvals and/or permits required, and meeting all
Federal, State, Regional and Local laws, regulation,
rules and policies pertaining to such, and the subject
matter of this Agreement. The Contractor shall also
furnish proof of approvals for land application prior to
finalizing this Agreement. Contractor shall distribute
the sludge at the recommended locations and in the
application rates and concentration contained within
Florida Department of Environmental (FDER) Regulations
themselves.
The City shall not be obligated to furnish any funds,
labor, supplies, materials, utilities or machinery, other
than as outlined herein for the disposal portion of the
work.
Any spillage which occurs as a result of the Contractor
distributing the sludge, shall be the responsibility of
the Contractor to completely remove and sanitize.
In the event that citizen's complaints of any type or
nature become a significant problem during land
application or storage of sludge on the disposal site on
any give day the City reserves the sole right and
discretion to direct the Contractor to suspend
operations, shift operations to another site, or utilize
odor-masking chemicals, or other remedies in order to
resolve the complaint.
III. COMPENSATION
The Contractor agrees to charge and the City agrees to pay as
follows:
Sludge/Disposal: $2.00 per cubic yard
IV. MISCELLANEOUS PROVISIONS
A. The Contractor shall not employ subcontractors without
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the advance written permission of the City.
Assignment of this Agreement shall not be made without
the advance written consent of the City.
The Contractor shall comply with all applicable federal,
state and local laws, ordinances, rules and regulations
pertaining to the performance of Work under this
Agreement.
No waiver, alterations, consent or modification of any of
the provisions of this Agreement shall be binding unless
in writing and signed by the City.
This Agreement is considered a non-exclusive Agreement
between the parties.
This Agreement is deemed to be under and shall be
governed by, and construed according to, the laws of the
State of Florida.
Any litigation arising out of this Agreement shall be had
in the Courts of Lake County, Florida.
This agreement, including all Amendments or Addendums
issued by the City, contains all the terms and conditions
agreed upon by the parties. No other agreements, oral or
otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or to bind either party hereto.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals on the date first written above.
CI~IDA
By:. ~
: : 1:1 f (J:(¿
nature
Robert A. Pool
Name, Typed or Printed
John Arnold, Owner
Name & Title, Typed or Printed
Date: February 1, 1990
John Arnold Enterprises
Name of Company, Corp., etc.
15625 F. Jarrell Road
Mailing Address
Clermont, Florida
City, State and Zip
34711
904/394-5625
Area Code/Telephone Number
SEAL
ATTEST:
~.J)~:
Si nature
71.. ~t,
Julie M. Brandt. Deputy City Clerk
Name & Title, Typed or Printed
APPROVED AS TO FORM AND LEGALITY
for the use and reliance of the
City of Clermont, Florida, only.
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~----- ~
City Attorney ~
Clermont, Florida
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STATE OF
Fl()rirl~
COUNTY OF
L~kp.
PERSONALLY appeared before me the undersigned authority, JOHN R.
ARNOLD, well known to me and known by me to be the sole owner of JOHN
ARNOLD ENTERPRISES, and acknowledged before me that he executed the
foregoing instrument on behalf of JOHN ARNOLD ENTERPRISES, as its true
act and deed, and that he is duly authorized to do so.
WITNESS my hand and official seal, this
February, 19 90
1st
day of
(NOTARIAL'SEAL)
~V(/~} ,¥/YldJ
Notary Public
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My Commission Expires:
NOTARY PUBLIC, STATE OF FLORIDA.
MY COMMISSION EXPIRES: OCT. 27,1991.
BONDED THRU NOTARY PUBLIC UNDERWRITERS,
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