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HomeMy WebLinkAbout2758 +--------------------------------------------------------------------------+ +Browse: Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + =.Found: 1 Record(s) MAINTAIN Contract Transactions + _. Contract Number 2758 + + + ==Vendor Name +Subject +Department ==Status Code DAIRY QUEEN (EAST BREMERTON) SEWERAGE SERVICE-COMMERCIAL II PW - UTIL FIN - 2414 WHEATON WAY Insurance Type Amount Amount Begin Date End Date Review Date =1= + 10/01/1986 + 12/31/2004 + 02/15/2005 + + + + + + $0.00 =1= + + + + + + Insurance Total Insurance Review Date Comments FILE CLOSED & TRANSFERRED TO PW&U - WAYNE HAMILTON VAULT 01/01/2005 ",- -.- +--------------------------------------------------------------------------+ +--------------------------------------------------------------------------+ J~nter Search Criteria, Press Ese Key to Transmit "Press Del Key to Terminate Delete Mode _ _ CHANGE Contract Number Contract Transactions 2758 = :Vendor Name "Subj ect , 'Department "Status Code DAIRY QUEEN (EAST BREMERTON) SEWERAGE SERVICE-COMMERCIAL II - 2414 WHEATON WAY PW - UTIL FIN T }-:: Insurance Type Amount Amount Begin Date End Date Review Date 10/01/1986 06/15/2006 Insurance Total Insurance Review Date $0.00 Comments REVIEW DATE FOR TRACKING PURPOSES ONLY , +--------------------------------------------------------------------------+ AGREEMENT THIS AGREEMENT, made and entered into this /~ day of ~F~F.~ , 19 ~, by and between the city of Bremerton, a municipal corporation, hereinafter referred to as "City," and ~,~,1 ~;e~'~; ~ '~d~'~--, hereinafter referred to as ; 'Food Service Establishment." W I TNE S S ET H: WHEREAS, 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 Co~mercial 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 upon the utility by certain specific provisions; NOW, THEREFORE, 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 and shall be charged at the Commercial I (standard strength) rate in accordance with such compliance, to wit: A. Provide and adq~ately 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 1 comminuting devices 'that could be used to discharge comminuted 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 under 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 shall 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 volumes 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 sol~d 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 be liable to Food Service Establishment, or any other party, for any claim whatsoever arising in connection with this Agreement except for 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 Washingtop. In the event of a dispute, such dispute shall be l£tigated in the Superior Court of Kltsap County, Washington. In case suit Is instituted, Food Service Establisb~nent promises to pay such · addit%onal sum as the court My adjudge reasonable as attorney fees and costs in such suit. 6. Food Service Establishment shall comply with all ap~licable 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 terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or reqlinquishment of such 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. 'FOOD SERVICE ESTABLISHMENT CITY OF BREMERTON GENE/~BE , Mayor ATTEST: KATHLEEN L. McCLUSKEY, Clerk'- 3