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HomeMy WebLinkAboutIntermunicipal MSW Transportation & Disposal 5UFF0/�C RESOLUTION 2021-763 ADOPTED DOC ID: 17412 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-763 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 5, 2021: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Intermunicipal Agreement between the Town of Southold and the Town of Babylon relating to the transportation and disposal of Southold Town's municipal solid waste, subject to the approval of the Town Attorney. 0"6?, Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio,Evans, Russell Tobin of 36abpton -0 200 E. Sunrise Highway RICHARD SCHAFFER Lindenhurst,New York, 11757 * * SUPERVISOR (631)957-3029 �'` oyg �o• (631)957-3146 fax Joseph Wilson RECEIVED Town Attorney RECENED -- OCT 2 8 - October 25, 2021 OCT 2. 9 .2021 `TOWN ATTORNEY'S OFFICE Town of Southold �--- 54375 Main Road, P.O. Box 1179 Southold Town Clerk Southold,New York 11971-0959 Attn: Office of the Town Attorney RE: INTERMUNICPAL MSW TRANSPORTATION and DISPOSAL AGREEMENT TOWN OF SOUTHOLD and TOWN OF BABYLON Dear Sir/Madam: Enclosed please find(1) fully executed original of the above captioned matter. Thank you for your cooperation in this matter. Sincerely, utc�jnD seph Wilson Town Attorney JW:dmh Encl. Antonio A.Martinez Duwayne Gregory Terence F.McSweeney Anthony N.Manetta Jennifer Montiglio Geraldine Compitello Councilman Councilwoman Councilman Councilman Receiver of Taxes Town Clerk Deputy Supervisor An Equal Opportunity/Affirmative Action Employer INTERMUNICIPAL MSW TRANSPORTATION and DISPOSAL AGREEMENT between TOWN of SOUTHOLD RECEIVED and OCT 2 8 TOWN ATTORNEY'S OFFICE TOWN of BABYLON THIS AGREEMENT, effective as of the 1st day of January 2022,by and between: Town of Southold, a municipal corporation and political subdivision of the County of Suffolk and State of New York, with offices at 54375 Main Road, P.O. Box 1179, Southold New York, 11971 (hereinafter"Southold"); and Town of Babylon, a municipal corporation and political subdivision of the County of Suffolk and the State of New York, with offices located at 200 East Sunrise Highway, Lindenhurst,New York 11757 (hereinafter 'Babylon"); provides as follows: 1. Purpose and Intent The purpose of this Intermunicipal MSW Transportation and Disposal Agreement (the "Agreement") is to provide for the transportation and disposal of all of the municipal solid waste ("MSW') generated at the Southold Town Solid Waste Management District's Transfer Station ("Southold Transfer Station") to the combined available capacities of the Babylon resource recovery facility ("Resource Recovery Facility") and the Omni-Babylon Recycling Center and Transfer Station ("Omni Transfer Station")(collectively, the "Babylon Disposal Facilities") for the five-year period January 1, 2022 through December 31, 2026 (see¶8. Term, below). Babylon will provide for the transportation and disposal of MSW from the Southold Transfer Station under the terms set forth herein. 2. Representations of the Town of Babylon Babylon hereby warrants and represents that it is a party to a long-term contract with Covanta-Babylon, Inc. which, among other rights and obligations, grants Babylon the sole authority to dispose of a minimum of 225,000 tons of MSW per year at the Covanta-Babylon, Inc. Resource Recovery Facility located at 57 Gleam Street, West Babylon,New York 11704. In addition, Babylon further warrants and represents that it is 1 Y Intermunicipal Agreement for MSW Transportation&Disposal Towns of Babylon& Southold Page 2 a party to a long-term contract with Omni Recycling of Babylon, Inc. which, among other rights and obligations, grants Babylon preferential rights to dispose of MSW and recyclables at the Omni Recycling of Babylon, Inc.'s facility located at 114 Alder Street, West Babylon, NY 11704. Both the Resource Recovery Facility and the Omni Transfer Station are permitted or otherwise approved by the New York State Department of Environmental Conservation ("NYSDEC") to receive for disposal and/or processing of MSW. 3. Representations of the Town of Southold Southold hereby warrants and represents that it is the owner and operator of a municipal solid waste transfer station (the "Southold Transfer Station"), permitted or otherwise approved by the NYSDEC to receive for transfer and disposal of MSW. The Southold Transfer Station is located at 6155 Cox Lane, Cutchogue, New York 11935. Southold hereby warrants and agrees to operate and maintain the Southold Transfer Station in a manner that complies with the terms and conditions of its operating permit or other approvals from the NYSDEC, and with the laws and regulations of the State of New York for the duration of the Agreement. 5. Subject Material and Quantity Southold shall make available to Babylon all MSW from the Southold Transfer Station for transportation and disposal at the Resource Recovery Facility or Omni Transfer Station (or other permitted disposal facility in the event neither of the aforementioned facilities are able to accept MSW) as determined by Babylon, subject to the provisions of this Agreement. The Southold Transfer Station is expected to generate approximately 15,000 to 18,000 tons of MSW per year. Babylon shall not be obligated to accept any materials determined to be Unacceptable Material, which for purposes of this Agreement shall be defined as material determined to be hazardous under the -laws of New York State, or which contain- radioactive materials, or materials which do not conform to the standards of the Southold Transfer Station permit. Babylon may reject any such materials upon inspection and shall promptly notify Southold of any such rejection. Southold reserves the right to ship any Unacceptable Material rejected by Babylon or any MSW which may be required by law to be deposited in a hazardous waste landfill,to any alternative landfill site without penalty to any party. Subject to the above, it is contemplated that the Southold Transfer Station will generate approximately 15,000 — 18,000 tons of MSW per year. Babylon shall be obligated to transport and dispose of all MSW generated by the Southold Transfer Station, subject to the rights of rejection and provisions governing Uncontrollable or Unforeseen Circumstances set forth herein. 9-22-2021 Intermunicipal Agreement for MSW Transportation&Disposal Towns of Babylon&Southold Page 3 There shall be no minimum or maximum tonnage guaranteed for disposal under this Agreement, except that Southold shall not dispose of MSW at any other locations for the duration of this Agreement. 6. Reserved 7. [Reserved] 8. Term The Term of this Agreement,shall be for the period commencing January 1, 2022 and shall terminate, unless extended by mutual consent of the parties, on December 31, 2026. There shall be two (2) optional one-year extension periods to this Agreement under the same terms and conditions, the first extension commencing January 1, 2027 and ending December 31, 2027, and the second commencing January 1, 2028 and ending December 31, 2028. These extensions are exercisable by the affirmative agreement, in writing,by both parties, not less than 120 days prior to the expiration of the initial term or any extension thereof. 9. Base Price and Billing A. UNIT PRICING The following unit pricing includes the all-in costs for both transportation and disposal of the Southold Transfer Station MSW. Southold shall pay Babylon the following prices for each ton of MSW transported and disposed of: Contract Price Year Months ($/Ton) 1 January 1, 2022—December 31, 2022 $93.00/Ton 2 January 1, 2023 —December 31, 2023 CPIt 3 January 1, 2024—December 31, 2024 CPI" 4 January 1, 2025—December 31, 2025 CPIt 5 January 1, 2026—December 31, 2026 CPIt 6* January 1, 2027—December 31, 2027 CPIfi 7* January 1, 2028—December 31, 2028 CPIt *Subject to option to extend as outlined in¶8. Term, above. "See¶11. CPI Escalation, below. 9-22-2021 Intermunicipal Agreement for MSW Transportation&Disposal Towns of Babylon& Southold Page 4 B. WEIGHING OF MSW AND CALIBRATION OF SCALES(s): (i) All deliveries of Southold Transfer Station MSW shall be weighed by the Babylon Resource Recovery Facility scales,which shall be the sole means of determining weights for billing purposes hereunder, unless said scales are inoperative or incapacitated, in which case the scales of the Omni Transfer Station located at 114 Alder Street, West Babylon, NY shall be employed as a back-up means of measurement. Said weights shall be recorded and provided to Southold at the time a bill is submitted for payment; (ii) Babylon shall, at its own cost and expense, cause its scale(s) to be calibrated on an annual basis, and written proof of said calibration shall be provided to Southold on request within ten days of each such calibration. Omni Recycling of Babylon, Inc. shall, at its own cost and expense, cause the scale(s) of the Omni Transfer Station to be calibrated on an annual basis, and written proof of said calibration shall be provided to Southold, on request within ten days of each such calibration. Babylon shall notify Southold prior to calibrating the scale(s) at the Babylon Landfill, so as to afford Southold sufficient time to be present for such calibration; (iii) Each party shall have the right, at its sole discretion, to cause the scale(s) of the other parry to be calibrated by the independent entity ordinarily engaged for such purposes by the party maintaining the scales, at any time upon reasonable written notice to the parry maintaining the scales, at the cost and expense of the requesting party, and to be present whenever such scales(s) are calibrated, by any other parry in accordance with the terms of this Agreement; (iv) It is understood and agreed that failure on the part of either parry hereto to strictly conform with the provisions of this Agreement governing the calibration of scales shall not be construed as a material breach of this Agreement; and (v) In the event of any dispute over weight or billing, the procedures set forth in paragraph 18 shall be followed. C. BILLING On or before the 10th day of the calendar month following any calendar month in which Southold Transfer Station MSW is transported and disposed of, Babylon shall bill Southold for that prior month's total tonnage transported and disposed of pursuant to this Agreement, together with any additional charges which may apply, including, but not limited to, charges arising from rejected materials pursuant to paragraph 13.13. hereof, or off-hour delivery as set forth in Schedule A, if opted for by Southold. Any such additional charges shall be separately itemized. 9-22-2021 Intermunicipal Agreement for MSW Transportation&Disposal Towns of Babylon&Southold Page 5 D. PAYMENT Southold shall make full payment to Babylon within thirty (30) days of receipt of said bill. 10. Transportation Costs All transportation of Southold Transfer Station MSW from the Southold Transfer Station to Babylon pursuant to this Agreement shall be provided by Babylon at its sole cost and expense. It is the intent of Babylon to ensure a sufficient number of transport vehicles are available to Southold delivered for live-loading and/or staged, such that not more than 100 cubic yards of MSW remains on Southold's tipping floor at the end of any given day, including weekends. The timeliness of Southold Transfer Station MSW removal and disposal being the essence of this Agreement, Southold shall make all reasonable efforts to communicate to Babylon near-term transport requirements. In the event that MSW deliveries are curtailed due solely to an insufficient number of transport vehicles provided by Babylon, Southold shall notify Babylon to immediately remedy such insufficiency. If Babylon does not provide sufficient transport to remedy said insufficiency within twenty-four (24) hours of notification, Southold shall have the option to obtain emergency hauling services to transport Southold Transfer Station MSW to Babylon, the per-ton cost of which shall be deducted from the per-ton unit .pricing then in effect. Southold shall make all reasonable efforts to minimize the duration and cost of any such required emergency hauling services. 11. CPI Escalator To determine the unit pricing for MSW transportation and disposal effective for the Contract Term beginning January 1, 2023 and on each one-year anniversary date thereafter, the 2022 base price of $93.00 per ton of Southold Transfer Station MSW transported and disposed of in Babylon shall be adjusted upward each January by the percentage change in the CPI-U applied to the per ton charge. The CPI-U shall be the Consumer Price Index as reported by the U.S. Department of Labor, Bureau of Labor Statistics, for All Items, All Urban Consumers, Not-Seasonally Adjusted for New York– Newark—Jersey City, NY-NJ-PA and reported in the CPI-U detailed report series ID CUURS 12ASA0. Expressed algebraically: Per ton price for calendar year"n"='$93.00 x CPI-U January (n) CPI-U January 2022 9-22-2021 Intermunicipal Agreement for MSW Transportation&Disposal Towns of Babylon&Southold Page 6 12. Operations A. The parties agree that the following days and hours of operations at the Resource Recovery Facility will be followed with regard to the deliveries of Southold Transfer Station MSW for disposal in Babylon: (i) Babylon operates Monday through Friday from 7:00 a.m. until 3:00 p.m. excluding holidays, as established by Babylon on an annual basis. At the discretion of Babylon, deliveries made outside of regular hours of operation shall be subject to additional costs and procedures set forth in Schedule A hereto; (ii) At the Southold Transfer Station, MSW load-out may occur Monday through Sunday from 7:00 a.m. until 5:00 p.m. excluding holidays, as established by Southold on an annual basis. Southold may also operate MSW load-out on Saturdays and Sundays from 7:00 a.m. until 5:00 p.m. as needed to maintain MSW inventory within safe operating limits. B. The parties shall also establish procedures that shall address, at a minimum,the following issues: (i) All vehicles transporting MSW shall travel upon pre-approved routes from the Southold Transfer Station to Babylon, as set forth in Schedule A hereto; (ii) Deliveries shall be made at such times during the day and week so as to minimize disruption of other operations at the Southold Transfer Station and Babylon Disposal Facilities, as the case may be; (iii) Deliveries shall be inspected in such a manner as to ensure that any material which is not Southold Transfer Station MSW is not delivered to Babylon; (iv) Methods of communication shall be established within 7 days of the effective date of this Agreement, to expedite response to mitigate disruption of operations due to unforeseen delay, emergency conditions and other uncontrollable circumstances; (v) Disputes over billing, weight and the acceptance or rejection of materials shall be resolved through the procedures set forth in paragraph 18 hereof, (vi) Vehicles used to transport the MSW shall comply with all Federal, State and Local regulations, and shall be identified by vehicle identification number and license plate number; and (vii) Babylon shall maintain or cause to maintain the Babylon Disposal Facilities in a condition that will allow acceptance and unloading of standard semi-tractor trailer vehicles capable of operation under full load on a maximum ten (10%) grade. All vehicles delivering Southold Transfer Station MSW to Babylon shall possess all permits 9-22-2021 Intermunicipal Agreement for MSW Transportation&Disposal Towns of Babylon&Southold Page 7 required by the New York State Department of Transportation, and copies of such permits shall be provided upon request of either party to this Agreement; and 13. Titles and Rights A. Southold warrants and represents that it will make available for transportation and disposal to Babylon only MSW collected in the normal course of the Southold Transfer Station operations and that in no event shall it deliver other substances. B. Babylon shall have the right, after inspection, to reject any load collected if said load contains Unacceptable Material, any material other than those contemplated herein, or any material in such quantity that it is likely to adversely affect the Babylon Disposal Facilities' operations or cause the violation of any applicable law or permit condition for the Babylon Disposal Facilities and, upon rejection, to reload the material into the delivery vehicle for removal from the Babylon Disposal Facilities. In the event that any rejected material is not removed by the delivery vehicle, Babylon shall, after notice to Southold and subject to the rights of Southold pursuant to paragraph 5 hereof, dispose of said material in compliance with law, regulation and applicable orders of the NYSDEC, at the sole cost and expense of Southold. C. Upon delivery and placement of MSW from Southold in the Babylon Disposal Facilities, Babylon shall take title to the MSW, and shall have all rights to use, process, mine, extract metals or other commodities, or otherwise deal with the MSW in any way Babylon deems fit. 14. Indemnity A. Babylon shall respectively defend, indemnify and hold Southold harmless from any and all claims for personal injury, death and property damage, and any liability arising out of or in connection with Southold's status as user of the Babylon Disposal Facilities, or as a generator of waste disposed of in the Babylon Disposal Facilities, or as a generator of waste disposed of in the Babylon Disposal Facilities under New York State and Federal law, except to the extent such claims or liability arise as a result of the culpable acts or willful conduct of Southold. B. Nothing contained herein shall be deemed to create any liability on the part of Southold to participate in any present or future maintenance or capital improvements of the Babylon Disposal Facilities, or any part thereof. C. Nothing contained herein is intended or shall be construed to relieve either party of any lawful obligation to comply with Federal, State or local laws, rules, regulations or orders governing the construction, operation or implementation of the solid waste facilities or programs of the parties. D. Southold agrees to defend, indemnify and hold Babylon harmless from any and all claims for personal injury, death and property damage, and any liability 9-22-2021 Intermunicipal Agreement for MSW Transportation&Disposal Towns of Babylon&Southold Page 8 arising out of or in connection with Southold's handling of MSW from the Southold Transfer Station, and any liability arising out of or in connection with Southold's construction, maintenance, operation and/or implementation of its solid waste facilities or programs, except to the extent such claims or liability arise as a result of the culpable acts or willful conduct of Babylon. E. Babylon shall defend, indemnify and hold Southold harmless from any and all claims for personal injury, death and property damage, and any liability arising out of or in connection with Babylon's construction, maintenance, operation and/or implementation of its solid waste facilities or programs, except to the extent such claims or liability arise as a result of the culpable acts or willful conduct of Southold. 15. Insurance A. For the purposes of insurance coverage and other matters governing the disposal of MSW in the Babylon Disposal Facilities, Southold and its agents shall be considered ordinary lawful users of the Babylon Disposal Facilities and Babylon shall accept the full faith and credit of Southold for insurance coverage. B. Wherever insurance coverage is required by Southold or Babylon of third parties, Babylon or Southold shall be named as an additional insured parry. Babylon shall cause Southold to be named as co-insureds on the policy of automobile insurance carried by any persons engaged to transport MSW from the Southold Transfer Station to the Babylon Disposal Facilities. 16. Local Rules,Regulations and Agreements Southold and its agents shall further abide by the rules and regulations in effect at the Babylon Disposal Facilities, and Babylon shall provide copies of such rules and regulations to Southold at the time of the execution of this Agreement, and shall further provide copies of any and all amendments thereto. 17. Uncontrollable or Unforeseen Circumstances A. In the event of the occurrence of an Act of God, a fire, flood, epidemic, earthquake, explosion, civil disturbance, strike by the employees or agents of any party hereto, or other event not within the control of the parties hereto, which occurrence shall prevent the performance of this Agreement by either party, the obligation to perform shall be suspended for the duration of the occurrence, without penalty to any party, unless such occurrence shall continue for a period of 90 days, in which case either party, by ten days written notice to the other, may elect to terminate this Agreement, at its option without penalty. B. In the event of a change in law,rule or regulation, or upon the order of any court of competent jurisdiction, or upon the order of the Commissioner of the NYSDEC or other agency having jurisdiction, including, but not limited to, orders or decisions 9-22-2021 Intermunicipal Agreement for MSW Transportation&Disposal Towns of Babylon&Southold Page 9 which effectively deny or substantially delay the authority to operate capacity necessary for the disposal of MSW at the Babylon Disposal Facilities, which change in law or order effectively prohibits or substantially restricts or inhibits the performance of the obligations of this Agreement by either parry, or imposes a substantial financial hardship in the performance of this Agreement by either party, the party so affected may, at its option and by written notice to the other parties, terminate this Agreement without penalty. In the event of any termination under this paragraph, Babylon shall afford Southold a minimum period of at least 180 days to secure alternate disposal capacity for the MSW of the Southold Transfer Station, unless the terms of the order, decision or change of law or regulation forming the basis for the termination, require a shorter period. 18. Disputes; Termination for Breach; Liquidated Damages A. In the event of any dispute over weight, billing or failure to perform under the terms of this Agreement, the parry aggrieved in such dispute shall serve a written Notice of Dispute, mailed by certified mail to the addresses appearing in paragraph 20 herein. Upon service of such Notice of Dispute, the parties shall engage in good faith negotiations for a period of not less than 30 days to resolve said dispute. In the event that good faith negotiations shall fail to resolve the dispute within 30 days or such additional period as the parties may agree to negotiate, the aggrieved party may pursue its remedies in the Supreme Court of the State of New York, and only after a determination by such Court, the party failing to perform shall be in breach of this Agreement. During the pendency of any dispute, the parties shall continue to perform their respective obligations hereunder, including, but not limited to, transportation and acceptance of MSW and payment of all sums duly demanded, pending resolution of the dispute or order of the Court. B. In the event of breach, this Agreement shall be terminated and the party in breach shall be liable to the other parties for all actual, compensatory and consequential damages incurred as a result of said breach. Upon payment of the damages and any outstanding fees or charges, no party shall thenceforth be obligated to any other for any injury or damage arising from the breach. C. The timeliness of MSW removal and disposal being the essence of this Agreement, Babylon hereby agrees that: To the extent that MSW deliveries are delayed, curtailed or suspended due to site conditions at the Babylon Disposal Facilities caused by circumstances other than those identified in Paragraph 17, or to the extent that MSW deliveries are curtailed due to an insufficient number of transport vehicles provided by Babylon and not transported or delivered under the Back-up Capacity provisions as provided by paragraph 7, Southold shall have the option to direct Babylon to transport and deliver the quantity of MSW subject to delay, curtailment or suspension to the Babylon Disposal Facilities on the following Saturday and/or holiday, and Babylon's sole compensation for operating the 9-22-2021 Intermunicipal Agreement for MSW Transportation&Disposal Towns of Babylon&Southold Page 10 Babylon Disposal Facilities on said Saturday and/or holiday shall be the per-ton unit pricing then in effect for the MSW delivered during said-hours of operation. 19. Modification A. This Agreement shall not be modified or amended except by written agreement of authorized representatives of the parties. B. No modification of the term or prices shall be made except in writing and by resolution of the governing bodies of all parties. 20. Notice All written notices required pursuant to this Agreement shall be delivered to the Supervisors of each Town and to the Town Attorneys of each town, at the following addresses: Town of Babylon 200 East Sunrise Highway Lindenhurst,New York 11757 Attn: Town Supervisor& Town Attorney Town of Southold 53095 Main Road P.O. Box 1179 Southold,New York 11971 Attn: Town Supervisor& Town Attorney 21. Proof of Valid Permit A. Babylon shall supply to Southold a copy of the permit(s) authorizing the use of the Babylon Disposal Facilities. B. Southold shall supply to Babylon a copy of the permit(s) authorizing the use of the Southold Transfer Station. 22. Severability If any section, subsection, paragraph, clause, phrase or provision of this Agreement shall, by a court of competent jurisdiction, be adjudged or determined to be illegal, unlawful, invalid or unconstitutional, same shall not effect the validity of this Agreement as a whole, or any part or provision hereof, other than the part so adjudged or determined to be illegal, unlawful or unconstitutional. 9-22-2021 Intermunicipal Agreement for MSW Transportation&Disposal Towns of Babylon&,Southold Page 11 23. Authorized Execution The parties hereto each warrant to the other that all necessary actions have been taken by their respective governing bodies to authorize execution of this Agreement by the signatories below, including, but not limited to, resolutions approving this Agreement and compliance with the State Environmental Quality Review Act, as it may apply hereto. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which when executed and delivered, shall together constitute one and the same document. 24. Effective Date This Agreement shall take effect as of the 1St day of January 2022. 9-22-2021 Intermunicipal Agreement for MSW Transportation&Disposal Towns of Babylon& Southold Page 12 DATED: 1 , 2021 TOWN of SOUTHOLD By: Scott A. Russell, Supervisor DATED: /O , 2021 TOWN of BABYLON By: 4PAhard .llSlchAer, Supervisor 9-22-2021 Intermunicipal Agreement for MSW Transportation&Disposal Towns of Babylon&Southold Page 13 STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) TOWN OF SOUTHOLD) On the i a day of (00oboir 2021,before me personally came SCOTT A. RUSSELL,to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Southold, County of Suffolk, State of N,w York, and that at a meeting of the Town Board of the Town of Southold, duly held on the day of (0 MW , 2021,the said Board authorized the said Supervisor to execute all and any contracts on behalf of the Board; and that he signed his name thereto and executed the said instrument on behalf of the said Town of Southold by like order and authority. &Ma fq " '44a�vh Notary Public LAUREN M. STANDISH Notary Public-State of New York 164008 oualiif ed n Suffolk o county Commission Expires April 9,2023 STATE OF NEW YORK) ss.. COUNTY OF SUFFOLK) TOWN OF BABYLON) On the 55 day of OC-4" , 2021, before me personally came RICHARD H. SCHAFFER,to me known, who being by me duly sworn, did depose and say that he is the duly elected Supervisor of the Town of Babylon, County of Suffolk, State of New York, and that at a meeting of the Town Board of the Town of Babylon, duly held on the /,3 day of 2021,the said Board authorized the said Supervisor to execute all and any contracts on behalf of the Board; and that he signed his name thereto and executed the said instrument on behalf of the said Town of Babylon by like order and authority. c CHRISTIAM CAMILO QAiI � NOTARY PUBLIC,STATE OF Ng-"_y04 Registration No.01GOMM45 - Qualified in Suffolk Cou4ly Commission E-vires Jtliy 9"3,202t 1 Intermunicipal Agreement for MSW Transportation&Disposal Towns of Babylon& Southold Page 14 SCHEDULE A A. Costs for Off-Hour Deliveries to the Babylon Disposal Facilities Additional costs and expenses incurred for Off-Hour Deliveries to the Babylon Disposal Facilities shall be the sole responsibility of Southold and the Town of Babylon shall forward all invoices for costs and expenses forthwith. B. Truck Route to Babylon Disposal Facilities The Southold Transfer Station to Covanta-Babylon, Inc. resource recovery facility located at 57 Gleam Street, West Babylon, New York 11704, the Omni Recycling of Babylon, Inc.'s facility located at 114 Alder Street, West Babylon, NY 11704, or other resource recovery facility per route approved by Southold. Of RECEIVED µ b, ` OCT 2 9 2021 Southold Town Clerk Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Missy Mirabelli Secretary to the Town Attorney Date: October 28, 2021 Subject: IMA MSW transportation and Disposal agreement Town of Southold & Town of Babylon With respect to the above-referenced matter, I am enclosing the original Agreement. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /mm Enclosures Cc: Jim Bunchuck Accounting