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HomeMy WebLinkAboutbocc.res.031.1999A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING THE BOARD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE ASPEN CONSOLIDATED SANITATION DISTRICT CONCERNING THE MANAGEMENT OF BIOSOLIDS Resolution No. 99- 9/ Recitals 1. The Board of County Commissioners of Pitkin County (PITCO) under the authority granted pursuant to C.R.S. § 29-1-201 and Article XIV, Section 10 of the Colorado Constitution is hereby entering into an Intergovernmental Agreement with the Aspen Consolidated Sanitation District (ASCD); and 2. The purpose of the Intergovernmental Agreement attached as Exhibit A, is to establish the general provisions and responsibilities of the County of Pitkin and the Aspen Consolidated Sanitation District in connection with the disposal of biosolids produced by the ACSD to be managed by PITCO at PITCO's Solid Waste Center composting operation; and 3. The Board of County Commissioners has determined that it is in the best interest of the citizens of Pitkin County to enter into this Intergovernmental Agreement. NOW THEREFORE, BE IS RESOLVED, by the Board of County Commissioners that is does hereby approve the Intergovernmental Agreement between Pitkin County and the Aspen Consolidate Sanitation District (attached as Exhibit A) and authorizes the Chair to sign an agreement in substantially the form attached as Exhibit A, as approved by the County Attorney. NTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON , 1999. NOTICE OF PUBLIC HEARING LISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON , 1999. PUBLIC HEARING, SECOND READING AND APPROVED ON ,1999V PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON i12 4-4 G , 1999. ATTEST: Janette Jones puty Clerk Date: 1— 0-5-' 99 COUNTY MANAGER: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO LESLIE J.T1NT. Chairman APPROVED AS TO FORM: Konchan Deborah Quinn Assistant County Attorney PUBLIC WORKS DIRECTOR SOLID WASTE MANAGER Stan Berry ; Tn Miles Stotts CONTRACT # p-�S� ARESOLUTIPPROVEDON BY INTERGOVERNMENTAL BIOSOLIDS HANDLING AGREEME TEN INTERG�AL BIOSOLIDS HANDLING AGREEMENT is made � this r`dayday ooff 1999, by and between the County of Pitkin, a home -rule county, State of Col rado (her wafter "PITCO"), and the Aspen Consolidated Sanitation District, a quasi -municipal entity, of the County of Pitkin, State of Colorado (hereinafter "ACSD"). RECITALS: A. Pursuant to C.R.S. 29-1-203, governmental entities may cooperate and contract with one another to provide any function, service or facility lawfully authorized to each of the cooperating governmental entities. B. ACSD is a quasi -municipal entity whose primary function consists of collection and treatment of wastewater, a byproduct of which is sewage biosolids, which byproduct requires a facility for handling and disposal. C. Biosolids produced by the ACSD can be used effectively and safely to aid and assist in composting of organic waste materials. D. PITCO is a Colorado home rule county and has the authority to own and operate a solid waste disposal site and center (SWC) pursuant to C.R.S. 30-20-102, upon which it currently performs the co -composting of biosolids and organic waste materials for beneficial reuse, pursuant to 5 C.C.R. 1002. E. PITCO and ACSD mutually desire to cooperate and contract with one another pursuant to the terms of this Agreement for the beneficial use of biosolids produced by ACSD in co -composting with organic wastes collected by PITCO, and processed for beneficial reuse. NOW, THEREFORE, in consideration of these premises and the promises of each of the parties as set forth herein below, IT IS AGREED: 1. Delivery and Access. (a) ACSD hereby agrees to deliver to the PITCO SWC site all of the biosolids produced from ACSD's wastewater treatment plant, located in Pitkin County, Colorado for the use of PITCO in its co -composting operations; except, ACSD reserves the right, in its sole and absolute discretion to deliver a certain portion of the biosolids produced, the portion and timing of which shall be determined in ACSD's sole discretion, to the ACSD's permitted land application site located in unincorporated Pitkin County; so as to preserve the integrity and continuity of use of such land application site. (b) PITCO shall designate the "staging area" and storage area for all deliveries of the district's biosolids and shall arrange for continuous and uninterrupted access to the staging or storage areas by the ACSD, twenty-four (24) hours per day, seven (7) days a week, throughout the term of this Agreement and any extensions or renewals hereof. Said staging areas shall have the capacity to accept for use or storage not less than two (2) eight (8) - ton loads of biosolids per day, seven (7) days a week, except, upon notice to ACSD, PITCO reserves the right to temporarily restrict access to the staging area due to unforseen or unanticipated events, such as 1 fire, chemical or environmental hazards, etc. If these site conditions or weather render the access ways, staging area or storage area unsafe or temporarily unusable, PITCO shall immediately notify the ACSD of such conditions as soon as PITCO becomes aware of such conditions. (c) PITCO shall take all reasonable best efforts, at its expense, to ensure that ACSD transport vehicles have all weather surfaced access ways to the staging and storage areas, that are capable of handling the weight and dimensions of the transport vehicles, including, but not limited to, provision of an area whose dimensions are not less than sixty (60) feet in length by twenty-five (25) feet in width, directly abutting the front of the unloading pads so as to allow transport vehicles to pull up and back into the staging areas. 2. Onsite Activities. (a) The parties mutually acknowledge and recognize that PITCO, as owner and operator of the SWC, is, pursuant to 40 C.F.R. 503, deemed to be the owner of treatment works treating domestic sewage and as such is designated an originator and as such changes the quality of and provides final disposition of biosolids delivered to its SWC for which PITCO holds a U.S. Environmental Protection Agency Sludge Only permit. Throughout the term of this Agreement and any extension or renewal thereof, PITCO shall be responsible for compliance with all terms and conditions of said Sludge Only permit, including, but not limited to, conduct of all tests and analyses upon finished compost products, ground and surface water monitoring and sampling, proper handling and packaging of finished compost, and distribution and eventual use of the finished compost. (b) Throughout the term of this Agreement and any extension or renewal thereof, PITCO shall accept all biosolids delivered by the ACSD and shall use all delivered biosolids in its co -composting program. (c) Throughout the term of this Agreement and any extension or renewal thereof, PITCO shall provide, at its sole expense: (i) All equipment necessary for efficiently conducting a co -composting operation for the amount of biosolids historically produced by ACSD's plant and such additional amounts as are reasonably projected to be produced by such plant, including all reasonable and necessary maintenance of such equipment; (ii) All labor and supervisory personnel necessary to conduct the co - composting operation and operate and maintain all necessary equipment on a regular and ongoing basis; (iii) All onsite ground, ground water, and surface water analysis and monitoring, as well as any and all offsite monitoring as may be required by the U.S. EPA and the Colorado Department of Public Health and Environment (CDPHE); and (iv) All analyses and monitoring, required by PITCO's US EPA Sludge Only permit. (v) Copies of any and all permit or approval documents issued by local state or federal authorities with jurisdiction over the SWC. 2 3. Physical characteristics of Biosolids. The parties recognize and agree the biosolids shall have the following characteristics: (a) All biosolids delivered shall originate from ACSD's domestic wastewater treatment works. (b) The biosolids shall meet land reclamation requirements as contained in 5 C.C.P.R. 1002-64 and 40 C.F.R. 503. (c) Biosolids delivered shall be de -watered to a dry weight solid content in the range of nine percent (9%) to fifteen percent (15%) by actual weight; the actual dry weight solids content to be determined in the ACSD's sole discretion. 4. Term and Termination. (a) The initial term of this Agreement shall run from the January 1, 1999 through December 31, 1999. (b) This Agreement shall thereafter be automatically renewed on an annual basis for five (5) consecutive calendar years beginning January 1, 2000, and continuing through December 31, 2004, unless otherwise terminated as set forth herein below. (c) Either party may elect not to renew this Agreement by providing the other party with written notice of its intent not to renew, no later than October 1st of any calendar year. (d) The ACSD shall have the right, in its sole and absolute discretion, to terminate this Agreement at any time, if PITCO's Sludge Only permit is revoked or modified by the U.S. EPA in such a manner that PITCO's continuing compliance with such permit would require the ACSD to alter or modify its method of wastewater treatment or its method of internally processing biosolids. 5. Fees. (a) During the initial term of this Agreement the ACSD shall pay PITCO a tipping fee of $25.00 per "wet ton" for each ton of biosolids delivered and accepted at the PITCO SWC. The ACSD shall have each transport vehicle's load weighed in at the landfill scale, when open. A copy of the weigh ticket shall be provided by PITCO to the driver of the transport vehicle. In the event biosolids loads are delivered at times when the scale is not open, the parties agree the weight of each such load shall be deemed to be the average of the three (3) immediately previously weighed loads. (b) PITCO shall submit a monthly accounting of all weigh tickets and submit a bill for any calendar month by the last of the subsequent calendar month. The ACSD shall pay each timely submitted bill within fifteen (15) days of receipt. (c) Effective January 1, 1999, and for each year of the remaining renewal term of this Agreement, the ACSD shall pay to PITCO, in lieu of any and all tipping fees, a total annual fee not to exceed $50,000 for all biosolids to the PITCO SWC. Payment of said $50,000 shall be made in four (4) quarterly installments, at charge of $12,500 or $25 per ton whichever is less, payable without notice of demand in arrears, on April 1st, July 1st, October 1st and December 3I st of each calendar year. 3 (d) Each payment from the ACSD to PITCO due and owing pursuant to paragraphs (a), (b) and (c) herein above, shall be subject to regular and extraordinary setoffs for the following costs for services performed by ACSD on behalf of PITCO: (i) The entire cost of quarterly analysis of the bacteria counts on PITCO'S finished compost product. (ii) The entire cost of routine drinking water tests for PITCO's onsite employee potable water system. (iii) The entire cost of employees' septic waste disposal, at the ACSD's portable toilet disposal rate. (iv) The entire cost of any additional assay or analysis required of PITCO by any agency with jurisdiction over PITCO's SWC site, which tests are performed by the ACSD's certified testing laboratory. The rate to be charged by ACSD shall be the rate commonly charged to any and all other persons or entities. (e) PITCO agrees that all fees received pursuant to this Agreement shall be used solely to operate, maintain, and improve, the PITCO composting facility and ensure that such facility can be used by the parties for the foreseeable future. Funds received from this Agreement shall be used for no other purpose by PITCO. 6. Documentation. The district shall provide to PITCO, copies of all reports, analyses or other documents submitted to CDPHE, as well as quarterly biosolids quality control assays. Any notification concerning the district's biosolids which may be required to be given to CDPHE or any other agency shall contemporaneously be given to PITCO. Similarly, PITCO shall provide ACSD with a copy of any and all reports, documents or notifications submitted to CDPHE or the U.S. EPA relating to this biosolids co -composting operation and PITCO's Sludge Only permit. Each party shall promptly notify the other of any notification of violation of local, state or federal rules, regulations and statutes concerning the disposition and handling of biosolids or any other matter relating to PITCO's Sludge Only permit. 7. Insurance and Indemnification. (a) PITCO and the ACSD shall acquire and maintain comprehensive general liability insurance coverage, the ACSD to cover the transport of biosolids, and PITCO to cover all work performed by PITCO in connection with its co -composting operations pursuant to this Agreement. This insurance shall be written with the limits of liability of not less than $1,000,000 per occurrence for all damages arising out of bodily injury and injury or damages to property, with each party being named as an "additional insured" party on the other party's policy. PITCO shall only be covered as an additional insured party with respect to liability arising from the ACSD's transportation operations or activities and PITCO shall not be entitled to resort to the ACSD's insurance for PITCO's liabilities arising from its own operations or activities in conducting its co -composting operations. The ACSD shall not be entitled to resort to PITCO's insurance for any liability arising from ACSD operations or activities. (b) To the extent permitted by law, each party agrees indemnify, defend, and hold harmless the other party, its officers, directors, employees, agents and representatives, from and against any and all claims for costs, damages, injury loss, liability and expense, including legal, attorney and consultant fees, caused by, resulting from, arising out of or incurred 4 in connection with (i) the ACSD's obligation to generate and deliver biosolids which conform to the physical characteristics of this Agreement; and (ii) PITCO's activities in conducting the co - composting operations under this Agreement, including any required monitoring or reporting. Nothing in this Biosolids Handling Agreement shall void the provisions of the Colorado Governmental Immunity Act, C.R.S. 24-10-101, or shall be deemed as a waiver or release of either party's sovereign, official, or governmental immunity as to any claims or actions by individuals or entities not signatory to this Agreement; provided, however, that the terms of this Agreement shall be strictly enforceable as between the parties. 8. Default and Right to Cure. In the event either party does any act or fails to do any other act which the other party alleges constitutes a material breach of this Agreement, then the non -defaulting party shall give written notice of such act or failure to the defaulting party. If the conditions creating the default are not remedied within thirty (30) days, or if the defaulting party does not commence a course of action which is designed to remedy the default within ninety (90) days, then, in addition to such other remedies that may be available to the non - defaulting party under law, this Agreement may be terminated at the option of the non -defaulting party. If as a result of a default under this Agreement either party is required to seek legal remedy, the prevailing party shall be entitled to recover all of its reasonable costs and attorneys' fees incurred in enforcing this Agreement or recovering damages. 9. Title. Title to the biosolids is hereby deemed to be transferred and assigned to PITCO at the time the biosolids are delivered to the PITCO SWC. 10. Severability. If any section, subsection or provision of this Agreement or the application of such section, subsection or provision is held invalid, the remainder of this Agreement and the application of such section, subsection or provision to persons or circumstances other than those for which it is held invalid shall not be affected thereby, and the balance of this Agreement shall remain in full force and effect. 11. Assignment. The rights and obligations of the ACSD and PITCO under this Agreement shall not be assignable except with the prior written consent of the other party. Within this limitation, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 12. Notices. All notices to be given to the parties shall be in writing and shall be deemed to have been duly given if delivered personally or mailed, upon the third business day following the date of mailing by certified mail, return receipt requested, to the addresses listed below: Aspen Consolidated Sanitation District Treatment Plant 0400 Service Center Drive Aspen, CO 81611 with copies to: Aspen Consolidated Sanitation District District Offices 565 North Mill Street Aspen, Colorado 81611 5 and Robert L. Tibbals, Jr. Attorney at Law 6444 South Quebec Street, Suite 302 Englewood, Colorado 80111 Pitkin County Solid Waste Center 76 Service Center Road Aspen, Colorado 81611 with copies to: and Pitkin County Manager 504 E. Main St. Aspen, Colorado, 81611 Pitkin County Attorney 504 E. Main St. Aspen, Colorado, 81611 13. Captions. The titles to the paragraphs of this Agreement appear for convenience and reference only and do not constitute part of the Agreement. 14. Governing Law and Definitions. This Agreement shall for all purposes be deemed to have been executed in the State of Colorado and shall be construed according to the laws of this state, the courts of which shall be deemed to have jurisdiction and venue for purposes hereof. All terms used in this Agreement, as defined in 5 C.C.P.R. 1002- 19(4.9.15.A(2)(b)(ii)) 15. Merger. This Agreement embodies the entire agreement between the parties, and all other promises, warranties and agreements, whether oral or written, are merged herein. This agreement may be amended by written agreement of the parties only. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. APPROVED BY BOCC ON a' 4-q4 COUNTY OF PITKIN, a home -rule county ASPEN CONSOLIDATED SANITATION DISTRICT 6