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Contract Number 2720 +
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NATIONAL AVENUE TAVERN
SEWERAGE SERVICE - COMMERCIAL I
PW - UTIL
FIN
Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
OS/28/1986 +
12/31/2004 +
02/15/2005 +
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,I:
$0.00
Insurance Total
Insurance Review Date
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Comments
FILE CLOSED & TRANSFERRED TO PW&U - WAYNE HAMILTON
VAULT 01/01/2005
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CHANGE Contract Transactions
Contract Number 2720
~Vendor Name NATIONAL AVENUE TAVERN
~Subject SEWERAGE SERVICE - COMMERCIAL I
+Department PW - UTIL
FIN
~Status Code
Amount
Begin Date 05/28/1986
Insurance End Date
Type Amount Review Date 06/15/2006
Insurance Total $0.00
Insurance Review Date
~ Comments REVIEW DATE FOR TRACKING PURPOSES ONLY
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AGREEMENT
THIS AGREEMENT, made and entered into this ~ day of
/t~? , 19 ~, by and between the Cit~ of Bremerton, a
municipal =orporation, hereinafter referred to as "City," and
~/~Od~ lU~ /~-~n/ , hereinafter referred to as
"Food Service Establishment."
WITNE SS ETH:
WHEP. EAS, there has been considerable debate and study
devoted to the question of which, if any, of the Commercial II
(high strength or with combined BOD and TSS strengths above 600
milligrams per liter) wastewater utility accounts should be
permitted to be charged at the lower Commercial I sewerage
services rates; and
WHEREAS, the City has determined that food service
establishments typically discharge liquid waste streams (sanitary
sewage) that exceed the 599 milligram per liter limit for the
Commercial I user classification and, thus, should be charged at
the Commercial II rates; and
WHEREAS, the City has determined that food service
establishments can significantly reduce the cost impacts of their
waste streams ~pon the utility by certain specific provisions;
NOW, THEREFO~E, City and Food Service Establishment contract
as follows:
1. Food Service Establishment shall be charged for sewerage
services provided by the City of Bremerton at the Commercial II
(high strength), EXCEPT that Food Service Establishment will
totally comply with the below listed five (5) conditions ~nd
shall be charged at the Commercial I (standard strength) rate in
accordance with such compliance, to wit:
A. Provide and adquately maintain an approved and
inspectable grease trap or grease interceptor for all
sanitary waste lines that receive flows from dishwashers,
pot scrubbing facilities or other significant sources of
grease, oils or fats.
B. Disconnect and remove all garbage grinding or
comminuting devices that could be used to discharge
comm[nuted food wastes into a sanitary lateral connection.
C. Disconnect all roof drains, downspouts or
exterior drains that handle storm precipitation from any
connection to any sanitary sewer l~teral that serves the
premises. Such storm drainage shall be re-routed or
disposed of in accord with plans approved bY the City
Engineer. In cases where a food establishment shares a
building or premise ~nder one roof and/or with one common
sanitary sewer connection, all storm drainage for the
premises or sewer lateral must be separated.
D. Allow unannounced inspection of compliance and
maintenance of the grease trap or interceptor by the
Wastewater Utility Superintendent, or his designee, at
any reasonable time the establishment is normally open
for business. Maintain records of when the grease trap
was cleaned and how much grease was removed at each
cleaning.
E. Allow inspection Of all plumbing on the premises
at any reasonable time the establishment is normally open
for business. Such inspection s~all be to verify the
absence of garbage grinders and storm drainage connections
to the sanitary sewer lateral.
2. Food Service Establishment shall pay a special
assessment charge of not less than the difference between
Commercial II and Commercial I charges for all sewage discharge
vol,~es of the two (2) years immediately past, or $2,000.00,
whichever is greater, if:
A. The grease trap is not maintained and cleaned
frequently enough to retain all grease as intended; or
B. A solid food waste comminuting device is
found to be installed and usable.
3. Food Service Establishment hereby agrees to save
harmless and defend the City from all claims and liability due to
the negligent acts, errors or omissions of Food Service
Establishment, its agents and/or employees. The City shall not
2
be liable to Food Service'Establishment, or any other party, for
any claim whatsoever arising in connection with this Agreement
except fpr negligence solely and entirely the fault of the City.
4. This Agreement, including the exhibits and addenda
attached hereto and forming a part hereof (if any), are all of
the covenants, promises, agreements, and conditions, either oral
or written, between the parties.
5. This Agreement shall be construed and interpreted in
accordance with the laws of the State of Washingtqn. In the
event of a dispute, such dispute shall be litigated in the
Superior Court of Kitsap County, Washington. In case suit is
instituted, Food Service Establishment promises to pay such
additional sum as the court My adjudge reasonable as attorney
fees and costs in such suit.
6. Food Service Establishment shall comply with all
applicable laws, ordinances and codes of the state and local
governments.
7. This Agreement shall bind and inure to the benefit of
the heirs, successors and assigns of either party hereto and
shall run with the land herein covered.
8. Failure to insist upon strict compliance with any of the
terTns, covenants or conditions of this Agreement shall not be
deemed a waiver of such, nor shall any waiver or reglinguishment
of suoh right or power, at any time, be taken to be a waiver of
any other breach.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date and year first above written.
iFOOD/~E~VICE ESTABL,~HMENT
,~/LOBE , Mayor
ATTEST:
KATHLEEN L. McCLUSKE~, Clerk