1980-0818_SERRA_Operations & Maint. AgrRAR: fs
8/5/80
OPERATIONS AND MAINTENANCE AGREEMENT
FOR SERRA WASTEWATER TREATMENT PLANT
'THIS AG EMENNTT is
ss-made and entered into this
day ofI Pte, 1980, by and between the SOUTH
EAST REGIONAL LAMATION AUTHORITY, a joint powers agency
of the State of California, hereinafter referred to as
"SERRA", and Sanitation and Operation Consultants, Inc.,
hereinafter referred to as "Contractor."
W I T N E S S E T H:
WHEREAS, SERRA is the owner of the J.B. Latham
Regional Wastewater Treatment Plant ("Treatment Plant") which
is located at 34152 Del Obispo, in Dana Point, California; and
WHEREAS, the operation and maintenance of the Treat-
ment Plant is presently contracted to the City of San Juan
Capistrano pursuant to an agreement entitled "OPERATIONS AND
MAINTENANCE AGREEMENT FOR SERRA WASTEWATER TREATMENT PLANT,"
dated January 11, 1979, which Agreement expires August 31,
1980; and
WHEREAS, SERRA desires to enter into a new agreement
to retain an operator to operate and maintain the Treatment
Plant and related facilities; and
WHEREAS, Contractor warrants that it has the ability
and the personnel necessary to operate said Treatment Plant and
related facilities in accordance with all federal, State and
local laws and regulations and in accordance with generally
accepted practices for such operation; and
WHEREAS, Contractor is agreeable to entering into
a contract for such purposes;
NOW, THEREFORE, the parties hereby agree as follows:
1. General Statement of Agreement.
During the term of this Agreement, Contractor shall
operate and maintain the Treatment Plant of SERRA in
accordance with sound operating procedures at all times, in
accordance with generally accepted practices for wastewater
treatment plants, and shall comply with all federal, State,
and local laws and regulations. The work to be done pursuant
to this contract shall include the furnishing of all labor,
materials, and services other than as specifically exempted,
to operate and maintain the Treatment Plant of SERRA according
to CAL -OSHA standards and in compliance with the regulations
of the State Water Resouces Control Board and the Regional
Water Quality Control Board, San Diego Region, and in accordance
with the existing NPDES Permit of SERRA, as such NPDES Permit may
be modified in the future and any new NPDES Permit which may be
obtained by SERRA.
Should the Contractor not meet the discharge require-
ments due to his negligence, the Contractor shall assume any
fines levied against SERRA by any local, state or federal govern-
mental or regulatory agency for this reason. SERRA shall have
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'r.
the right to deduct from the Contractor's compensation the
amount levied by the State for this purpose.
The operation and maintenance of the Treatment
Plant shall include operation and maintenance of the pumping
facilities located within the boundaries of the Treatment
Plant and the operation and maintenance of the sampling and
metering station to be located within the boundaries of Doheny
State Beach, which has been constructed as a part of the con-
tract to construct the new Ocean Outfall of SERRA. The services
provided include effluent monitoring and necessary laboratory
reports and the sampling and monitoring station. They do in-
clude receiving water monitoring.
2. Term.
i
The services provided by this Agreement shall commence
on the 1st day of September, 1980, and shall terminate on the
31st day of August, 1983, unless terminated earlier in accordance
with the Agreement.
3. Compensation.
SERRA shall pay Contractor monthly for the services
to be performed, payable on or before the 20th day of the
month following the month in which the services are rendered.
Separate payments shall be made for the following services, as
follows:
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a. Operation and maintenance of Treatment Plant:
$87,583.00 per month.
b. operation and maintenance of effluent pump
station: $3,750.00 per month.
C. Operation and maintenance of sampling and
metering station: $450.00 per month.
d. Performance of required ocean monitoring
program: $3,300.00 per month.
The amounts set forth above shall be increased or
decreased semi-annually for services rendered on and after
January 1, 1981, according to the following U.S. Department
of Labor, Bureau of Labor Statistics index: Consumer Price
Index for All Urban Consumers (CPI -U) Los Angeles -Long Beach -
Anaheim, California.
The increase or decrease effective January 1, 1981,
shall be based on the Bureau of Labor Statistics Index, as pro-
vided above, between July 1, 1980, and January 1, 1981. Each
subsequent increase or decrease in compensation shall be ef-
fective each July 1st and January 1st and shall be based on
the prior six month change in the Index. The percentage change
in compensation shall be applied to the previous month's com-
pensation to determine the amount of increase or decrease.
Capital costs in excess of $750 required to main-
tain the facilities according to CAL -OSHA standards shall be
borne by SERRA.
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In the event that the NPDES Permit is revised
during the period of this Agreement and such revision will
result in additional costs to Contractor, SERRA and Contractor
shall endeavor to reach an agreement as to the payment of
such additional costs. In the event that an agreement cannot
be reached, either party may resort to arbitration to determine
the appropriate increase in payment pursuant to Section 27 of
this Agreement.
Payments to Contractor for other than fixed monthly
fees shall be paid by SERRA within 45 days after billing.
4. Scope of Services.
Contractor shall control, maintain, and operate SERRA's
plants and facilities so that effluent discharged therefrom
meets the existing and present requirements of all governmental
regulatory agencies, including, but not limited to, the Regional
Water Quality Control Board, San Diego Region, and the State
Department of Health, and to provide that the effluent shall
comply with the NPDES Permit of SERRA which is in effect at
the time, both existing and as may be changed. All operations
conducted at the SERRA Treatment Plant, including the effluent
pumping station, and the sampling and metering station con-
structed within the boundaries of the Doheny State Beach, are
included within the scope of this work. Routine maintenance
will be provided for all equipment and pump stations during the
period of this Agreement, and contractor shall pay for repair
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of parts necessary during the term of his services; pro-
vided, however, the aggregate amount which the Contractor
shall be required to pay shall not exceed $5,000 for each
piece of equipment. In the event that an item of repair
exceeds that amount, SERRA shall pay the excess of such
amount exceeding $$,000. Contractor shall receive approval
from the Board of Directors of SERRA, acting on behalf of
Project Committee No. 2, to provide for such repairs or pur-
chases exceeding $5,000. Competitive bids shall be obtained,
unless the Board of Directors of SERRA waives the requirement
for such bids.
Notwithstanding this paragraph, Contractor shall
have the right to take the necessary action in emergencies to
protect life and property in the event that the Board of Direc-
tors of SERRA or its designee is not immediately available.
"Equipment" is defined to include all of the "wire
to water" components of any mechanical function hardware. For
example, an item of equipment such as a positive displacement
pump would include the electrical starter, motor, pump shaft,
impeller or piston and enclosure.
Contractor shall not be liable to SERRA for any
physical damage caused to any physical part of the system or
for any monetary damage if such physical or monetary damage
is caused by earthquake, flood, fire, explosion, riot, revolution,
civil disturbance, war, other Acts of God, or other causes
QS
beyond the control of Contractor, except, however, Contractor
shall be liable to SERRA for any damage resulting from
negligence of Contractor, its agents and employees.
Contractor shall work closely with the Board of
Directors of SERRA and its Designee acting on behalf of the
Member Agencies of SERRA's Project Committee No. 2. Contractor
shall further prepare and present to SERRA a preventive
maintenance program for operation of the Treatment Plant.
In this regard, a preventive maintenance program means a pro-
gram to perform all tasks required to maintain the entire
Treatment Plant in good working order and appearance, including,
but not limited to, the maintenance of. all mechanical and
electrical equipment, valves and piping, painting or protective -
covered surfaces, landscaping, buildings, structures and all
other related appurtenances. Preventive maintenance includes,
but is not limited to, the.performance of all maintenance (other
than "major maintenance" as defined below) required or recom-
mended in the "Operations and Maintenance Manual" for the faci-
lity prepared by Contractor and the manufacturer's operating
or maintenance instructions and manuals for the machinery and
equipment installed or used at the facility.
5. Expenses.
Contractor shall pay all expenses incurred in
Treatment Plant operations, including wages, salaries,
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consumables, and lubricants, as well as the cost of water,
natural gas, telephone and electricity.
6. Staffing.
Contractor will staff the facilities with full-
time employees experienced in wastewater treatment process
control and maintenance procedures, and who are properly
certified to perform the duties required of them by the
State Water Resources Control Board pursuant to the authority
contained in Chapter 9, Division 7, of the California Water
Code.
7. Discrimination.
Contractor agrees that no person shall be excluded
from employment in the performance of this Agreerment on the
grounds of race, creed, color, sex, age, or national origin.
In this connection, Contractor agrees to comply with all
applicable State and Federal laws relating to equal employment
opportunity rights.
8. Hours of Staffing.
Contractor agrees to staff the Plant for twenty-four
hours per day, for every day, including Sundays and holidays.
9. SERRA Board Meetings.
Contractor's manager shall attend all SERRA monthly
Board meetings. Such manager shall present to the Board of
Directors of SERRA a report and shall be prepared to answer
questions presented by SERRA Board members and SERRA's
staff .
10. Sludge Disposal.
SERRA shall either assume the existing agreement
between Golden West Fertilizer Company and the City of San
Juan Capistrano, dated May 17, 1979, which is attached here-
to as Exhibit "A", or shall make independent arrangements for
disposal of sludge produced at the Treatment Plant. SERRA
shall be responsible for payment for sludge hauling and dis-
posal. Contractor shall be responsible for coordinating
sludge removal operations at the Treatment Plant site in an
efficient manner as determined by the Board of Directors of
SERRA or its designee.
11. Guarantees, Licenses, and Contracts
SERRA shall maintain all existing warranties,
guarantees, and licenses that have been granted for the benefit
of the Contractor; provided, however, that if any liability is
incurred because Contractor did not maintain such equipment in
accordance with such warranties, guarantees, and licenses, such
liability shall be borne by Contractor.
12. Inventory.
Contractor shall take possession of the hand
tools, and of the laboratory equipment, as set forth in
Exhibit "B" copies of which are attached hereo, and shall
maintain same in good repair during the
period of this contract. An inventory shall further be pre-
pared of all materials and any other equipment and tools at
the Treatment Plant which are to be used by Contractor. An
inventory shall be prepared prior to commencement of operations
by Contractor, and representatives of Contractor and SERRA
shall approve such inventory. At time of termination of con-
tract, another inventory shall be taken, and all such items
listed on the inventory at the time of commencement of contract
shall be furnished SERRA, or Contractor shall pay to SERRA the
replacement cost of any missing items. During the term of this
Agreement Contractor shall be responsible for replacing any lost
or stolen items and shall carry theft insurance naming SERRA as
an additional insured. All crimes, theft vandalism and hazards
of any items shall be reported immediately upon discovery
to the applicable law enforcement authorities and to such
persons as SERRA may from time to time designate and shall
thereafter be reported to the Board of Directors of SERRA
at its next Regularly Scheduled Meeting.
13. Vehicles.
Contractor shall supply all vehicles it deems neces-
sary to perform this Agreement and Contractor hereby assumes
all liability in connection with the operation of any suc
vehicles.
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14. Preparation of Reports.
Contractor shall prepare and keep proper maintenance
and laboratory records and shall submit all required reports
to all regulatory agencies, including, but not limited to,
the Regional Water Quality Control Board, San Diego Region,
and the Department of Health
shall be furnished SERRA.
Copies of all such reports
15. Changes in Compensation.
The parties agree that the compensation provided
for in the contract shall be for the operation and main-
tenance of the Treatment Plant at the existing wastewater flow
and characteristics. In the event that there is a ten percent
increase or decrease in flow or total solids in any six month
period, from July 1 through December 31 or from January 1
through June 30, either party may give notice to the other of
its desire to renegotiate the appropriate compensation.
In the event that the appropriate compensation cannot be
agreed upon, either party may resort to arbitration pursuant
to Section 27 of this Agreement, to determine the approp-
riate compensation. It is agreed that the present rate of
flow is seven million seven hundred thousand (7.7 MGD) U.S.
gallons per day based upon a 30 day average, and the rate of
total solids handled is currently thirty thousand one hundred
nineteen (30,119) pounds of total dry solids per day.
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Total solids are calculated as follows:
Total Solids = BOD Solids + Suspended Solids
BOD Solids = (30 day average daily plant influent
BOD mg/1) x (0.5 lbs. of solids per
lb. of influent BOD) x (30 day average
influent flow in million gallons per
day) x (8.34 lbs. per gallon)
Suspended Solids = (30 day average influent suspended
solids mg/1) x (30 day average influent
flow in million gallons per day) x
(8.34 lbs. per gallon)
16. Audits of Regulatory Agencies.
Contractor shall use the SERRA Plant ana its equip-
ment for the satisfactory performance of the work provided
for in this Agreement. Changes in Treatment Plant operation
and reporting requirements by other governmental agencies shall
be referred to SERRA for approval before complying with such
changes and reporting requirements.
17. Taxes.
Contractor, by virtue of this Agreement, is not
given possession of the Treatment Plant, but instead is agree-
ing for compensation to operate and maintain said Plant. No
possessory interest in the properties is given to Contractor
by virtue of this Agreement. However, in the event that it
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is subsequently determined that the entering into of this
Agreement subjects Contractor to property taxes by reason of a
property interest created by virtue of said Agreement, Con-
tractor acknowledges that he is aware of Section 107.6 of the
Revenue and Taxation Code and agrees to pay any taxes levied
by reason of any possessory interest created by virtue of this
Agreement.
18. Insurance Coverage by Contractor.
Contractor shall, during the period of this Agree-
ment, maintain the following insurance in addition to insurance
otherwise required by this Agreement:
a. Comprehensive General Liability Insurance:
Contractor shall have coverage in the amount of
not less than $5,000,000 single limit for any one occurrence.
The coverage shall provide for both bodily injury and property
damage. The coverage shall include coverage for injury, sick-
ness, disease, death, or property damage occurring in connection
with the work of Contractor under this Contract. The comprehensive
liability insurance shall be subject to the approval of
SERRA as to form and shall include as additional named in-
sureds SERRA, the Member Agencies of SERRA (to wit, Dana
Point Sanitary District, Capistrano Beach Sanitary District,
Santa Margarita Water District, Moulton -Niguel Water District,
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City of San Juan Capistrano, and City of San Clemente), and
officers, agents, employees and consultants of SERRA.
b. Workers' Compensation:
Contractor shall maintain during the life of this
Agreement Workers' Compensation Insurance for all its employees
upon the site of the SERRA Treatment Plant. In the event that
any work is sublet, Contractor shall require any subcontractor
to annually provide for Workers' Compensation Insurance.
Contractor shall indemnify SERRA, the Member Agencies of SERRA
(to wit, Dana Point Sanitary District, Capistrano Beach Sani-
tary District, Santa Margarita Water District, Moulton -Niguel
Water District, City of San Juan Capistrano, and City of San
Clemente), and officers, agents, employees and consultants of
SERRA for any damages resulting from the failure of Contractor
or any subcontractor to maintain such Workers' Compensation
Insurance.
C. Proof of Carriage of Insurance:
Contractor shall provide SERRA satisfactory proof
of the insurance required by this Agreement, and any and all
policies shall require the insurance carrier to give SERRA at
least 30 days prior notice of the cancellation of any policy
during the effective period of this Agreement.
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19. Insurance Coverage by SERRA.
SERRA shall take out and maintain, during the term
of this Agreement, standard fire insurance policies and ex-
tended coverage, coverage against vandalism, flood insurance,
and boiler machinery insurance, covering the property and
equipment which are the subject of this Agreement. The boiler
machinery policy coverage shall be in the amount of $500,000
for each object, and the blanket buildings and equipment
coverage shall be in an amount to be determined by SERRA,
based on a statement of value, providing for all risk 80% co-
insurance, $5,000 deductible. The Contractor shall be named
as a co-insured on such policies. Contractor shall have no
liability to SERRA with respect to loss, damage, and des-
truction, to the extent that SERRA is covered by such policies.
for loss, damage, and destruction.
20. Faithful Performance.
Prior to the date of execution of this Agreement by
SERRA, Contractor shall provide a Faithful Performance Bond
in a form approved by SERRA, in an amount equal to the com-
pensation payable for three months. The Faithful Performance
Bond shall guarantee performance of all services of the con-
tract, including the condition of the Plant and the return of
equipment upon termination. Said Faithful Performance Bond
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shall remain in effect during the entire period of this
Agreement.
21. Termination.
This Agreement may be terminated by either party
upon 90 days' written notice to the other party. If the
Agreement is terminated by Contractor, Contractor agrees
that it shall make available upon request of SERRA the ser-
vices of a qualified superintendent of the Treatment Plant
for a period not to exceed 90 days after the termination date.
In the event that the services of a superintendent are furnished
SERRA, SERRA shall pay to Contractor for such services the
salary plus normal fringe benefits of such superintendent,
plus $125 per day during the period of such services. Termina-
tions of contract pursuant to this section shall not be subject
to arbitration. Contractor is aware that SERRA has prepared
a contingency plan whereby personnel employed by its Member
Agencies have the capacity to operate said Plant in the event
that this contract is terminated.
22. Relationship.
It is agreed that the relationship of Contractor
to SERRA is that of an independent contractor,and that in
no event shall Contractor or its employees be deemed to be
employees of SERRA.
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23. Inspection of Premises.
SERRA, its officers, employees, agents, and
consultants, shall have access to Plant facilities at all
times.
24. Public Relations.
Public relations are an important aspect of Plant
operations. The Contractor shall be sensitive to community
feelings and respond in this area as is requested by the
SERRA Board of Directors. Contractor further agrees, at the
request of SERRA, to allow public tours of the facilities in
a reasonable and safe manner, at times when such tours shall
not interfere with Plant operation.
25. Maintenance of Grounds.
Contractor shall at all times maintain the grounds
of the Treatment Plant, including the existing vegetation,
in an aesthetic and tidy manner.
26. Assignment.
Contractor may not assign any rights or duties
under this Agreement without the prior written consent of
SERRA.
27. Arbitration.
Any controversy or claim between the parties
to this Agreement, including but not by way of limitation,
any claims, disputes, demands, differences, controversies,
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or misunderstandings arising under, out of, or in relation
to this contract, or any alleged breach thereof, shall be
submitted to and determined by arbitration. To the extent
not inconsistent herewith, the rules of the American Arbitra-
tion Association shall apply. The party desiring to initiate
arbitration shall give notice of its intention to arbitrate
to the other party to this Agreement. Such notice shall
designate such other parties, if any, as the initiating
party intends to have bound by any award made therein.
Within twenty (20) days of the service of the initial demand
for arbitration, the American Arbitration Association,
hereinafter referred to as "AAA," shall submit simultaneously
to the initiating party and to all parties, if any, named
as respondents or filing a response therein, an identical
list of names of persons chosen from the AAA National Panel of
Arbitrators, which persons shall be, to the extent possible,
persons first in the field of wastewater disposal and
reclamation or in the alternative, public law. Each party
to the dispute shall have seven (7) consecutive calendar
days from the mailing date in which to cross off any names
to which he objects, number the remaining names indicating
the order of his preference and return the list to the AAA.
If a party does not return the list within the time specified,
all persons named therein shall be deemed acceptable. From
among the persons who have been approved on both lists, in
accordance with the designated order of mutual preference,
Dim
the AAA shall invite the acceptance of an arbitration panel
consisting of three persons from those designated, or if for
any reason an acceptable panel of three arbitrators is unable
to act, or if for any other reason the appointment cannot be
made from the submitted list, the AAA shall have the power
to make the appointment of the panel of three arbitrators
from other members of the list originally submitted, without
the submission of any additional list.
The panel of arbitrators shall determine the
rights of the parties in accordance with the law, and the
award shall be subject to review as to the panel's applica-
tion of the law by any court having jurisdiction thereof,
whether or not any mistake of the law shall appear upon the
face of the award. As to all questions of fact, however,
the determination of the arbitrators shall be binding upon
all parties and shall be final. Any party shall be entitled
to written findings of fact and conclusions of law as to all
issues determined by the award. Subject to the above
limitations, the award shall be binding upon all parties to
the arbitration and judgment upon the award rendered by the
arbitrators may be entered in any court having jurisdiction
thereof.
The arbitrators may, in their discretion, as part
of the arbitration award, impose upon any one party or allocate
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among two or more of the parties, the liability for the
arbitration fees and expenses. Such allocable fees may
include the initial administration fees, fees for second and
subsequent hearings, postponement fees, and overtime fees.
Allocable expenses may include the expenses of producing
witnesses, the cost of stenographic records, the cost of
any transcripts, travel expenses of the arbitrators and
Tribunal Administrator, the expenses of any witnesses, the
cost of any proofs produced at the direct request of the
arbitrators, and any other expenses relating directly to
the arbitration. In the event of the failure of the arbitrators
to provide for the allocation of such fees and expenses, the
arbitration fees shall be divided equally between the parties
and the expenses shall be borne by the party incurring them.
28. Attorneys' Fees.
In the event an action is commenced by any party
to this Agreement to enforce or construe its rights or
obligations arising from this Agreement, the prevailing
party in such action, in addition to any other relief and
recovery awarded by the Court, shall be entitled to recover
all statutory costs plus a reasonable amount for attorneys' fees.
29. Notice.
Any notice provided for herein shall be given in
writing and transmitted by personal delivery or prepaid
first class mail, addressed as follows:
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SERRA: Ray Maddocks, Interim Secretary (or
as otherwise designated)
South East Regional Reclamation Authority
P.O. Box 967
San Juan Capistrano,.Ca.
CONTRACTOR:
Sanitation and Operation Consultants, Inc.
31133 W. Via Colinas
Suite 101
Westlake Village, Ca. 91361
Attn: Mr. Lloyd Hedenland
IN WITNESS WHEREOF, the parties have executed this
Agreement on the date first hereinabove written.
SOUTH EST �IONAL RECLAMATION AUTHORITX
By _
/Chairman
Secretary
SANIT ON AND ERATION CONSULTANTS, I'I(;-
LM
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rA
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CONTRACT FOR SLUDGE REMOVAL
THIS AGREEMENT, made and entered into this 17th day of
May, 1979, by and between GOLDEN WEST FERTILIZER COMPANY, here-
inafter referred to as "Contractor" and the CITY OF SAN JUAN
CAPISTRANO, hereinafter referred to as "City."
W I T N E S S E T H:
WHEREAS, this agreement supersedes a previous document
dated October 19, 1977, by and between the City and Contractor
for sludge removal services; and
WHEREAS, SERRA Wastewater Treatment Plant produces a by-
product in the treatment and disposal of sewage which consists of
dewatered sludge containing approximately 30% solids, hereinafter
referred to as "sludge"; and
WHEREAS, the aforesaid sludge is waste material which must
be removed by the City from SERRA'S sewage treatment plant -and
premises;
WHEREAS, Contractor is able to remove and dispose and/or make
commercial use of the sludge.
NOW, THEREFORE, in consideration of the premises and of the
mutual agreements hereinafter set forth, Contractor and City agree
as follows:
7. Contractor's Obligations:. Contractor shall:
A. Upon notification from City's Director of Public Works
and continuing on a month-to-month basis thereafter, receive
and remove all sludge from the SERRA sewage treatment
facilities as such sludge is produced.
B. Provide such trucks and trailers, hereinafter col-
lectively referred to as "equipment" as may be necessary
to receive and remove the sludge, pursuant to such standards
as may be required by the City, SERRA or other governmental
agency.
C. Keep and maintain said equipment in a neat and clean
condition and in good repair at all times, and provide
competent employees to operate the equipment and to other-
w.i r.r porfoi m the obligations heroin contained.
D. Provide and maintain liability insurance with an
instii-a )ce cumluiny approved by the City in the minimum
amounts of $100,000/300,000 per accident for personal
injuries and $100,000 property damage. The aforesaid
insurance shall cover the entire operation of the Con-
tractor and ;hall name the City and SERRA as additional
insured. A copy of such policy shall, moreover, be
filed with the Director of Public Works.
E. Sell sludge, after processing, to any public agency
within the South East Regional Reclamation Authority
for the equivalent of Contractor's actual costs and
overhead expenses, plus ten percent (100.)
F. Conduct its operations upon SERRA's facilities in
such a manner that will not interfere with the sewage
treatment operations, and shall otherwise comply with
all laws, ordinances and rules and regulations.
2. Payment by City:
A. City shall, twice a month, after receipt of an in-
voice, pay contractor the equivalent of $120.00 for each
truck load of sludge as hereinafter defined, received and
removed from the facilities.
B. "Truckload" shall mean 17 to 21 cubic yards of sludge
contained within a trailer with a capacity of 30 cubic
yards at water level. Any change in this cubic yard
truckload requirements shall be included by Contractor
in billing the City.
C. City and Contractor shall keep and maintain accurate
records of the quantity of sludge received and removed
by Contractor in a manner approved by the City. The
aforesaid records shall be subject to audit by either
party and shall be the basis for the payment as herein-
above provided.
3. Effective Date and Termination:
This agreement shall become effective on the date of
execution, and shall continue on a month-to-month basis
hereafter. It may be terminated at the end of any month
by either the City or the Contractor.by giving written
notice of intent to so terminate, no,later than 30 days
prior to the end'of such monthly operAtion period.
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be cotccuted by duly authorized persons on the date
first above written.
CITY OFSANJUAN CAPISTRANO
1•
ATTEST: By
JAMES S. MOCALIS, CITY MANAGER
MARY ANN IIANOVEP., CITY CLERK
APPROVED AS TO FORM:
GOLDEN WEST FERTILIZER COMPANY
By
41171S S. OKAZAKI, Clf'�Y ATTORNEY
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