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HomeMy WebLinkAboutApprove the agreement between the City and Prenco Company for the operation of the Soluble Waste Disposal Facility at the Wastewater Treatment PlantRESOLUTION NO. 664 -78 Passed by the Common Council of the City of South Bend, Indiana, December 11 19 78 Attest: "��"'` ""� City Clerk Attest: President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana December 12 19 78 41=" K �� -��✓ City Clerk Approved and signed by me (V 4 cil_ J 13 19�. Mayor RESOLUTION NO. t� U 4-17 A RESOLUTION TO APPROVE THE AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND PRENCO COMPANY FOR THE OPERATION OF THE SOLUBLE WASTE DISPOSAL FACILITY AT THE WASTEWATER TREATMENT PLANT. PURPOSE AND INTENT The purpose of the Resolution is to approve the agreement between the City of South Bend acting through its Board of Works and Board of Wastewater Commissioners and the Prenco Company for the operation of the soluble waste disposal facility at the Waste- water Treatment Plant. This facility has not been in operation for a couple of years and the agreement provides for Prenco Company to make the necessary capital investments to put the facility back in working order in exchange for being allowed to operate the facility. NOW THEREFORE BE IT RESOLVED, by the Common Council of the City of South Bend: SECTION I. That the agreement entered into between the City of South Bend acting through its Board of Works and Board of Waste- water Commissioners and the Prenco Company on December 4, 1978, a copy of which is attached hereto made a part hereof, is hereby approved. SECTION II. This resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. F , :-EtiTED / �2 -// 7 0 NOT APPgOVED ADOPTED L- i I L L "' member of the Common Council M I I signed _ to provide an opportuni __. p-_:blic and Council action on the issue. FILED ID CLERK'S OFFICE DEC 6 1978 Irene Gammon CITY CLERK, SOUTH BEPJD, ip1b AGREEMENT F'OR MAIN`1'ENANCE AND OPERATION OF T IE SOLUBLE OIL DISPOSAL FACILI`T'Y This agreement made �% 1978, between the City of South Bend, A Municipal Corporation and owner of the Soluble Oil Disposal Facility, hereinafter known as the City and Prenco, Inc., A Delaware Corporation, hereinafter known as the Contractor, for the maintenance and operation of the Soluble Oil Disposal Facility in accordance with applicable state and federal air and water pol- lution codes. 1. The Contractor agrees to place in operating condition the present Prenco system and to operate said system in accordance with provisions as hereinafter described. 2. The Contractor will replace the present refractory, which cost of replacement is estimated at $37,500.00 plus cost of shipping and on -site installation and said cost of same is to be the respon- sibility of the Contractor. 3. The Contractor further proposes to install a back -up unit Prenco system to insure the continuous operation of the facility. The estimated cost of said equipment j�: $17:,,000.00, which will be the responsibility of Contractor. 4. It is understood and agreed that if the City for whatever reason after one (1) year from the date of this agreement determines in its best interest to terminate this agreement, then it is agreed that the Contractor will remove the back -up system and auxiliary equipment within six (6) months after notice of termination is given in writing to the Contractor. 5. It is understood and agreed that the present Prenco system known as the Soluble Oil Disposal Facility will remain the property of the City and will include all repairs and improvements made to said existing equipment. 6. It is understood and agreed that the City will have an op- tion for a period of ten (1C) years within which to purchase the b-:c! -- LIP system and auxiliary equipment at the original installation cost, less ten (10 %) per cent per annum during the ten y`ar option period and it is agreed ttiat tho baA -up system will l�ccc: c, th e sc�.lc, of the City after a period of ten years of operation by the at no cost to the City. (1) 7. The Contractor will pay from its own account all wages and costs associated with the operation of the facility and will also indemnify the City against any liability in regards to the operation by the Contractor. 8. It is understood and agreed that the City reserves the right to approve all improvements on the property, such as, landscaping and back -up equipment, but such approval shall not be unreasonably withheld by the City. 9. The Contractor agrees to use its best efforts to operate the facility in the best interests of the City and to make the facility available for not only the present industry use, but also to encour- age new industry, such as plating, painting and chemical plants to fully utilize the facility. 10. The Contractor agrees that the facility will incorporate the latest technology in product recovery. Effluent treatment shall comply with Federal noise requirement laws and local codes. 11. The Contractor agrees to train local help wherever possible to operate the equipment and also to make the facilities available to local industry. 12. Contractor shall install a mobile laboratory, work shop and office at the site of the facility to monitor incoming waste and ef- fluent streams. It shall also have recording equipment to stabilise temperature and retention time and record such data to assure that not only present but future operations are in compliance with appli- cable codes. This mobile equipment shall remain the property of the Contractor. 13. It is agreed that incoming waste to the facility shall be hauled in strict accordance with the applicable law and all manifests of materials shall describe the type and origin of the wastes. Re- ports shall be kept as to disposal criteria such as temperature, retention time and products of combustion. 14. The Federal Register, published by the Environmental Pro- tection Agency regarding transportation and disposal shall be used wherever applicable. 15. The Contractor shall operate the facility in accordance with available wastes to be disposed, preferably on a 24 day basis. Such operatic will insure longer life for the (2) and maximum temperature for waste disposal along with eliminating the problems of cold start -up and high auxiliary fuel costs. IN WITNESS WHEREOF, the parties have executed this agreement at South Bend, Indiana, the day and year first above written. � -- L\ CITY OF SOUTH BEND, A Municipal Corporation as PRENCO, INC., A Delaware Corporation By: (3) Ar a