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Contract Number 3135 :1:
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tVendor Name
tSubject
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tStatus Code
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Comments
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BROTHER DON'S RESTAURANT
SEWERAGE SVCS - COMMERCIAL I - 4200 KITSAP WAY
PW - UTIL
FIN
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:1:
Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
09/01/1989
12/31/2004
02/15/2005 1=
Insurance Total
Insurance Review Date
$0.00
FILE CLOSED & TRANSFERRED TO PW&U - WAYNE HAMILTON
VAULT 01/01/2005
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CHANGE Contract Transactions
Contract Number 3135
~I~
~ :Vendor Name
..Subject
, ,Department
"Status Code
BROTHER DON'S RESTAURANT
SEWERAGE SVCS - COMMERCIAL I - 4200 KITSAP WAY
PW - UTIL
FIN
Insurance
Type Amount
Amount
Begin Date
End Date
Review Date
09/01/1989 or
06/15/2006
Insurance Total
Insurance Review Date
$0.00
Comments
REVIEW DATE FOR TRACKING PURPOSES ONLY
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AGREEMENT
........ , 19_~__, by and between the City of Bremerton, a municipal corporation,
hereinafter referred to as "City," and .B,~_~j~3~._~-Dm~ ~ , hereinafter
referred to as "Food Service Establishment."
W ITNE S SETH:
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 service 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 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 adequately maintain an approved and inspectable grease
trap or grease interceptor for all sanitary wast 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 comminuted food wasted 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
lateral 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 inspecticn shall
be to verify the absence of garbage grinders and storm drainage connections
to the sanitary sewer lateral.
2. Foo~ ~erv~ce 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 solid food waste comminutinq device is found to be installed and
usable.
3. Food Service Establishment hereby a~rees to save harm]ess a~d defend ~he
City fromm ail claims .3nd l~l-.litv ~hle to the n~,~]J,~:ent
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
watsoever 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 Washington. 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 may adjudge reasonable as attoney 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 terms, covenants
or conditions of this Agreement shall not be deemed a waiver of such, nor shall any
waiver or relinquishment of such right or power, at any time, be taken to be a
waiver of any other breach.
IN WITNESS W}~REOF, the parties hereto have executed this Agreement as of the
date and year first above written.
CITY OF BREbI~
AT'i'EST: