JULY 1, 2024
SEWER TREATMENT AGREEMENT
BETWEEN CITY OF FORTUNA AND
EEL RIVER BREWING COMPANY
This AGREEMENT is made and entered into this 1st day of July, 2024 by and between CITY OF FORTUNA (hereinafter called “City”), and EEL RIVER BREWING COMPANY, INC., a California corporation (hereinafter called “Owner”).
RECITALS
A.) The Owner operates a restaurant and brewing facility located at 1777 Alamar Way in Fortuna; B.) The Owner generates wastewater effluent that is pre-treated onsite, and therefore is of a character not typical for any standard customer rate classification as defined in Table 1.A. of the City’s Water and Wastewater Fee Schedule;
C.) The City has in the adopted fee schedule and rate structure billing classification for ‘Special Agreements’, where wastewater service charges are calculated based on measured effluent characteristics;
D.) The Owner requests to be placed into a Special Agreement for wastewater service to account for effluent pre-treatment activities onsite.
NOW, THEREFORE, the City and the OWNER hereby agree as follows:
1. Wastewater Rate Charges. The City agrees to assess wastewater fees for the property in accordance with the ‘Special Agreements’ rate category (Table 2.A) of the City’s adopted fee schedule for water and wastewater. The waste strength and volumes used in the calculation will be determined as outlined further below. The exact fees charged will reflect the most current adopted fiscal year budget and fee schedule. Additional fees for wastewater testing will be added to each monthly bill as determined by the test performed and the frequency, as noted below.
2. Wastewater Testing. The City shall perform wastewater effluent testing quarterly to determine the Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS) concentrations to be used in the monthly bill calculation. The sample results will be used to determine the billing rates for the 3-months following the test result. The test shall be performed by taking a composite grab sample of the effluent at the settling chamber located near the southeast corner of the brewing facility. The City will provide a minimum 72-hour notice to the Owner prior to performing testing. The Owner shall pay the City-established fees for the BOD and TSS tests (Wastewater Laboratory Fee Schedule Table 1.A.), and shall pay the actual staff-time cost to transport and set up the composite sampler (estimated at 30-minutes to 1-hour). On an asneeded basis the City reserves the right to inspect or test the sedimentation tank and determine if pumping or other maintenance is required. The Owner can request additional composite samples in between quarterly events, which the City will complete subject to staff availability.
The City or the Owner reserve the right to propose adjustments to the sampling method if deemed appropriate, and modifications can be made subject to Section 6 below.
3. Wastewater Volume Determination. The wastewater volume used for monthly billing will be the monthly meter reading for the primary water service connection, less the meter reading for the irrigation deduct meter. An additional reduction factor of 17% will be applied based on records furnished by the Owner indicating the percentage of overall water usage resulting in finish product (beer). Under this agreement, the Owner agrees to furnish to the City upon written request official documentation pertaining to finished product production volumes for periodic verification of the wastewater reduction percentage.
4. Billing Fees and Charges. City shall bill the Owner promptly for all fees and charges as indicated herein and Owner will pay in accordance with the City’s Municipal Code. The City shall make available the test results and billing calculation used for the monthly bill at the request of the Owner.
5. Notices. All notices required to be given pursuant to this Agreement shall be in writing and shall be deemed made and/or received two (2) days following their deposit in the United States mail, postage prepaid, and addressed as follows:
CITY: City Manager
City of Fortuna
621 11th Street
P.O. Box 545
Fortuna, CA 95540
OWNER: Eel River Brewing Company, Inc.
1777 ALAMAR WAY
FORTUNA,CA95540
Either party may change its address by written notices given pursuant to this section.
6. Termination/Modification. This Agreement shall be terminable or modifiable only upon written agreement of the parties.
7. Attorney’s Fees. If either party commences an action against the other to enforce or interpret this Agreement, the prevailing party shall be entitled to have and recover reasonable attorney’s fees and costs of suit from the party not prevailing.
8. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the contract terms shall remain in full force and effect and shall not be affected.
9. California Law Governs. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties under this Agreement, shall be construed pursuant to and in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in six originals, the date and year first above written:
CITY OF FORTUNA
By: __________________________
Name: _______________________
Its: City Manager
Attest:
_____________________________
Siana Emmons, City Clerk
EEL RIVER BREWING COMPANY, INC.
By: __________________________
Name: _______________________
Its: Chief Executive Officer