RES 86-11 DOMSEA FARMS RESOLUTION NO. 86-11
A RESOLUTION APPROVING A CONTRACT WITH DOMSEA FARMS,
INC. TO ESTABLISH SEWER PARTICIPATION FEES AND SERVICE
RATES.
WHEREAS, Section E.3.e. of Ordinance 82-20 as amended
states that sewer rates for Category 5 Industrial Users will
be set by individual contract with each user,
NOW, THEREFORE, be it resolved by the Council of the City of
Winslow, Washington, as follows:
The Agreement, setting forth sewer participation fees
and service rates, between Domsea Farms, Inc. and the
City of Winslow is hereby approved; a copy is attached
as Exhibit A.
PASSED BY THE COUNCIL of the C~ of Winslow, Washington,
this 1st day of , 1986.
Alice B. Tawresey
Mayor
ATTEST:
0045.20008
WDT:jt
1/16/86
R: 6/2/86
AGREEMENT made
Washington, hereafter
"Domsea."
BY:
AGREEMENT
this date between the City of Winslow,
"City" and Domsea Farms, Inc., hereafter
WHEREAS, the parties have entered into an interim agree-
ment dated September 17 , 1985, which required the parties to
negotiate the terms of a final agreement, and
WHEREAS, the parties have reached agreement, embodied in
this document which shall replace the interim agreement, now,
therefore,
IN CONSIDERATION of mutual promises, and the continued
provision of sewer services, the parties agree as follows:
1. The parties agree that, except as provided herein,
Domsea's one-time participation fee shall be $28,942, with credit
for the $10,000 fee already paid. The balance of $18,942 shall
be paid within 10 days of the date of execution of this agreement
by both parties.
2. When the average daily influent to the City's treatment
plant, as measured by the City over a 7 day period, equals or
exceeds 800,000 gallons per day, then Domsea agrees to pay the
City an additional one-time participation fee in the amount of
$4,774.00.
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3. Domsea also agrees to pay to the City monthly user
charges in accordance to Ordinance 82-20 or subsequent amendments
as shown in the following:
a. A base charge of $13.22 per month or as otherwise
provided by ordinance; and
b. A user charge of $1.54 (or as otherwise provided by
ordinance) per 100 cubic feet of water used, times a factor
representing the BOD charge computed as follows:
i) Use of BOD loading will be measured by the City
over a 7 day period of peak BOD loading by Domsea. The "Average
Daily BOD Loading" will be computed by dividing this peak 7 day
loading by 7.
ii) Domsea's average daily loading computed in (1)
above will be converted to Equivalent Dwelling Units (EDUs) of
BOD loading by dividing it by 0.66 lb/day (0.22 lb BOD/cap/day
times 3 cap/household). As an example, if Domsea discharged 145
pounds BOD during its peak week, its discharge would be equal
145 = 31.39 (EDUs)
7 x 0.66
iii) Domsea's average daily flow will be converted
to EDUs of wastewater discharge by dividing it by 291 gallons per
day. As an example, if Domsea discharged 50,000 gallons during
its peak week of wastewater discharge, its discharge flow would
equal
50,000 = 24.55 EDUs
7 x 291
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iv) The BOD charge factor is:
31.39 (EDUs for BOD)
24.55 EDUs for flows = 1.28
v) Domsea monthly user charge shall be computed as
follows in this example:
charge per 100 cu. ft. = $1.54
monthly discharge = 200,000 gal/month
monthly use~ charge:
26,738 ft/month x $1.54 3x 1.28 = $527.00/month
100 ft
4. Domsea will provide the City with the necessary equipment
required for sampling wastewater, or will reimburse the City for
purchasing the necessary equipment if the City determines that
purchase of equipment is necessary.
5. Domsea will install, to reasonable City standards and
approval, a communitor/screen device in Domsea's wastewater
system.
6. The City shall have the right of access to Domsea's water
meters for meter reading at all reasonable hours.
7. The City shall have the right to enter the Domsea plant,
and property at any reasonable time, without prior notice, to
verify compliance with state wastewater permit No. 5191 (I), or
any subsequent permit.
8. In the event Domsea is notified by the state or city or a
significant repeated violation of the state wastewater permit No.
5191 (I), as determined by the State, or any subsequent permit,
the terms and conditions of this agreement, and/or applicable
wastewater ordinances of the City, Domsea, subject to and without
waiving its legal and equitable remedies, if any, agrees to close
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its sewer line, so that wastewater from Domsea's property will
not enter the City's sewer system. If Domsea fails or refuses
without good cause to comply with the permit requirements upon
reasonable advance notification, the City shall have the right to
close said line, and Domsea agrees to reimburse the City for any
and all direct and consequential costs incurred thereby.
9. If the quantity of effluent from the Domsea property
increases more than 10% above that used for calculations of the
user charges as measured over any 90 consecutive days in any year
period, the parties agree to reopen negotiations. If no agree-
ment is reached within three months thereafter, Domsea agrees to
pay the increased fees based on the City's calculations as shown
in paragraph 3.
10. The BOD charge computed in paragraph 3(b) is based upon
the current quality of discharge governed by State Wastewater
Permit No. 5191(I). This charge and the City's sludge disposal
program could change if material changes were made in Domsea's
operations or if Domsea sold or transferred its plant to another
entity which makes changes which materially affect effluent
quality. Therefore in the event Domsea sells or otherwise
transfers its Winslow plant to another entity which makes changes
which materially affect effluent quality, or in the event the
quality of the wastewater discharge varies materially from the
current quality governed by State Wastewater Permit No. 5191(I),
the parties agree to renegotiate the BOD charge computed in para-
graph 3(b). In the event the discharge from Domsea's or any
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successor~s operation contains substances in an amount that would
interfere with the City's sludge disposal, Domsea, or its
successor agrees to disconnect from the City's system until
agreed by the City.
11. This document shall be construed without regard to which
party drafted the agreement.
12. If any party initiates legal proceedings to enforce the
terms of this agreement, the prevailing party shall be entitled
to reasonable attorney's fees incurred therein.
13. This agreement supersedes and replaces the interim
agreement between the parties, dated September 17 , 1985, and
incorporates all the terms agreed by the parties. The portion of
this agreement dealing with monthly user charges shall terminate
May 1, 1995 at which time the parties shall negotiate new rates.
DATED this
CITY OF WINSLOW
ATTE_ST/AUTHENTICATED:
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
MAYOR, ALICE B. TA~R~Y
DOMSEA FARMS , INC.
I certify that I know or have satisfactory evidence that
Alice B. Tawresey and Donna Jean Buxton signed this instrument,
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on oath stated that they were authorized to execute the instru-
ment and acknowledged it as the Mayor and City Clerk of the City
of Winslow to be the free and voluntary act of such party for the
uses and purposes meOtioned in the'~instrument.
DATED this j,~J-?/~ day of ~- ~ , 1986.
'NOTA PUBLIC ' .and for
of ~sshington, iding at
My appointment expires
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that
~ /~h&~a ~ E~-~/e_ signed this instrument, oath
stated t he/she-was authorized to execute the instrument and
acknowledged it as the ~e~a~ ~ta--~hof Domsea Farms, Inc.
to be the free and voluntary act of s party for the uses and
purposes mentioned in the inst nt.
this Jday ot ,
~ PUBV~C ~n an~ ~g
Ny appo~ntmen~ expires G~o-~6
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