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HomeMy WebLinkAboutP&H Senesac Inc Biosolids Dewatering and Transportation Agreemenr - Second Addendum - 2018 12 11 SECOND ADDENDUM TO BIOSOLIDS DEWATERING AND TRANSPORTATION AGREEMENT THIS SECOND ADDENDUM TO BIOSOLIDS DEWATERING AND TRANSPORTATION AGREEMENT (the "Second Addendum to Transportation Agreement" or"Second Addendum")is made and entered into on this jj_ of December, 2018 by P&H Senesac, Inc., a Vermont for-profit corporation, whose address is 257 Maria Paloma Rd., Georgia, Vermont 05468 (herein "Transportation Company"), and the CITY OF WINTER SPRINGS, a Florida municipal corporation whose address is 1126 E. State Road 434,Winter Springs,Florida 32708(herein"Source Facility"). RECITALS WHEREAS, Source Facility is a public entity that produces biosolids from wastewater treatment activities and desires to enter into a Second Addendum with Transportation Company further extending the term of a previously entered Transportation Agreement for the dewatering and transport of said biosolids to a third-party treatment and disposal facility; and WHEREAS, Transportation Company intends to locate and connect dewatering equipment at the City's Waste Water Treatment Plants, dewater such sewage biosolids onsite, and transport such dewatered dry biosolids to a third-party treatment and disposal facility ("Treatment Facility"), which at the time of execution of this Second Addendum shall be CompostUSA of Sumter County; and WHEREAS, Transportation Company will enter into a separate agreement with CompostUSA or any other Treatment Facility relating to the transportation,treatment and disposal of such dewatered biosolids; and WHERAS, a biosolids treatment management facility shall be responsible for proper treatment, management,use, land application, and disposal of biosolids it accepts from a Source Facility according to the requirements of Chapter 62-640,F.A.C.;and WHEREAS, Source Facility shall not be held responsible for the dewatering, transportation, treatment, management,use,land application or disposal violations that occur after its biosolids have been accepted by a permitted biosolids treatment management facility, as defined in Chapter 62-640, F.A.C., including Transportation Company;and WHEREAS, the Source Facility and Transportation Company previously entered into a Transportation Agreement for the dewatering and transport by Transportation Company of biosolids produced by Source Facility wastewater treatment activities to a third-party treatment and disposal facility; and WHEREAS, by written Addendum the Source Facility and Transportation Company extended the term of said Transportation Agreement for an additional one(1)year renewal term as authorized by Section 7.0 of said Transportation Agreement;and WHEREAS,the term of said Addendum terminates at It:5 9 PM on December 19,2018;and WHEREAS, the Source Facility and Transportation Company desire to again extend the term of said Transportation Agreement for a one (1) year renewal term as authorized by Section 7.0 of said Transportation Agreement;and NOW THEREFORE, in consideration of the mutual covenants herein contained and other good and Second Addendum to Transportation Agreement Page 1 of 2 valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties above named hereby agree as follows: 1.0 Recitals. The foregoing recitals are incorporated herein by reference as though fully set forth below. 2.0 Extension of Term. The Source Facility and Transportation Company desire to exercise their option to extend the term of the Transportation Agreement for an additional one(1) -year period as set forth in Section 7.0 of the Transportation Agreement. The one-year extension period shall commence at midnight on December 20,2018 and terminate at 11:59 PM on December 19, 2019. 3.0 Transportation Company's Signatory. The undersigned person executing this Second Addendum on behalf of Transportation Company hereby represents and warrants that he or she has the full authority to sign said Second Addendum for Transportation Company and to fully bind Transportation Company to the terms and conditions set forth in this Second Addendum. 4.0 Others Terms and Conditions. Any other term or condition of the Transportation Agreement not expressly modified by this Second Addendum shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto have executed this document the day and year first above written. P&H SENESAC,INC. City of Winter Springs (Source Facility) (Transportation Company) B 0: ... y ._.� _.._.. By: ..... ... Printed Name Smith _. ..... . ... Print Title:� ,t.`.,� NIN_ `�ty � Title: City Manager NN Dater " Date: 12/11/2018 Mailing Address: 1]26._East.State Road,434,Winter S nng�.,„FL 32708 Phone No: 407-32775989 Fax No: 407-327-6695 Second Addendum to Transportation Agreement Page 2 of 2