HomeMy WebLinkAboutHurricane Sandy DebrisRESOLUTION 2013-106
ADOPTED
DOC ID: 8531
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2013-106 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 29, 2013:
WHEREAS the Town of Southold has been able to utilize capacity at the Brookhaven Landfill
through arrangements made through the Suffolk County Office of Emergency Management and
the Federal Emergency Management Agency (FEMA) for the disposal of debris resulting from
Hurricane Sandy; and
WHEREAS the Town of Southold is permitted to pass tip fee and other charges relating to such
disposal directly to FEMA under the rules allowed by the federal disaster declaration issued in
response to Sandy, as opposed to seeking reimbursement later; and
WHEREAS a formal agreement between the Town of Southold and Town of Brookhaven is
necessary to authorize Brookhaven to submit charges incurred relating to disposal of Southold
debris to FEMA; it is hereby
RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor
Scott A. Russell to execute an intermunicipal agreement (IMA) with the Town of Brookhaven
such that Brookhaven can submit Sandy debris disposal charges to FEMA on behalf of the Town
of Southold, all in accordance with the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Louisa P. Evans, Justice
AYES: Ruland, Talbot, Doherty, Evans, Russell
ABSENT: Albert Krupski Jr.
ORIGINAL
INTER-MUNICIPAL AGREEMENT
BETWEEN THE TOWN OF BROOKHAVEN and
THE T()WN/V1LI~AGEOF SOUTHOLD
THIS AG REEMENT (the "Ag, cement") made between tim TOWN OF BROOKIIAVEN
("BROOKHAVEN"), a municipal corporation of the Stale of New York, baying its principal
offices at One Independence Hill, Farmingville, NY 11738 and the Townb, V~la~gee'b'~
Southold , a municipal corporation of tile State of New Yo,-~,, having its principal
officcsat 53095 Main Rd... S~nt-hold ,NY 11971 (hereinafter the
"MUNICIPALITY") provides as follows:
RECITALS:
WHEREAS, municipal corporatinns in the Slate of New York, including the PARTIES
bereiu, are authorizcd under General Mnnicipal Law §119-o lo cater into agreements for the
performance mnong themselves or one for the ()liter of Iheir rcspcctivc functions, powers and
duties on a cooperative or contract basis; and
WIIEREAS, thc Municipality may experience significant damage due to the direct
result of a declared emergency resulting from a hunscanc, flooding, exlremc weather, and other
natural and/or manmade disasters; and
WHEREAS, the damages resulting from sucl~ events may cxcccd the capabilities of the
Muuicipality to effectively perform debris management operations; and
WIIEREAS, thc Vegetative Waste and, C&D, detined herein, collected by thc
Municipality must he recycled or disposed nf in accordance with applicahlc law; and
WIIEREAS, Brookhaven owns and operates a Landfill Complex located in the
Brookhavcn Landfill Complex at 350 Horseblock Road, Yaphank, N.Y. which accepts
Vegetative Waste and C&D; and
WHEREAS, Iht Municipality wishes to dispose of thc Vegetative Waste, defined herein,
and C&D, defined herein, al the Brookhavcn Landfill Complex, and Brtmkhaven wishes to
accept such material {'or disposal under the terms set forth below; attd
WHEREAS, both Ibc Towns of Bronkhaven and Municipality desire to work
cooperatively together to provide an environmentally sound and cost-effective arrangement for
disposing of Vegetative Waste and Processed/Unprocessed C&D collected in the Municipality
consistent with applicable law; and
NOW, TIIEREFORE, IN CONSIDERATION OF THE FOREGOING AND Tile
MUTUAL COVENANTS AND AGR. EEMENTS HEREIN CONTAINED TIIE PARTIF~
AGREE, WARRANT AND COVENANT AS FOl.,LOWS:
Purpose and lnlcnt. Tbe purpose of this Agreement is Io set i'Brth the tern'ts and conditions under
which the Municipality will deliver, and Brookhaven will accept, Vegetative Waste, defiocd
herein, and, C&D, defined herein, at Brookhaven's Landfill Complex located 350 I lorseblock
Road, Yaphank, New York. The parties hereto recognize and agree that the access to thc Landfill
Complex which is hereby granted to the Municipalily by Brookhavcn shall be governed solely by
thc terms of this Agreement.
1. I)efinitions
A. "l:h'ookhavcn Facility" shall mean Brookhaven's Landfill Complex, which
includes the Brookhaven Materials Recovery Facility (MRF), a recycling 13cility, C&D
processing facility and transfer station located at 350 Horseblock Road, Yaphank, New
York
B. Construction and Demolition Debris ("C&D") sball have the meaning set forth in
6 NYCRR 360- 1.2(b)(38) (or any subsequent amendment thereto) subject to additional
conditions as may be set forth in the Town of Brookbaven's Landfill Permit to Operate
and shall consist of either Processed or Unprocessed C&D as specified below:
i. Processed C& D shall mean construction and demolition debris that has
been sorted, crushed, altered or otherwise processed to meet the
specifications and in the material requiremeats annexed hereto as
Appeudix A.
ii. Unprocessed C& D shall mean C&D lhat is not crushed, shredded, altered
or otherwise processed; or any C&D that may have been altered, shredded,
crushed or processed to meet thc Town of Brookhaven specifications.
C. Facility Delivery Hours shall mean the hours of Landfill Complex operation
which are 7:00 mn - 4:00 pin Monday through Friday, and 7:00 am - 12:00 pm Saturday,
except holidays.
D. Ve.etative Waste shall mean trees, brush, leaves limbs or any vegetalion. Such
vegetative waste shall exclude grass and grass clippings.
2. 'l'erm. The term of Ihis Agrccmct~t shall be in effect October 28, 2012 and shall expire on
May, 31, 2013.
3. Delivery and Acceptance nf I)cbris
Comn)encJng on the first day of the Term of this Agreement and continuing
throughont the Tern) hereol: and subject to the terms of this Agreement, the
Municipalily agrees to deliver, or cause to be delivered ~o the Brookhaven Facility all
Vegetative Waste and/or C&D collected, received or generated by the Municipality, as a
direct result of a Federally Declared Emergency resulting from a hun'icanc, flooding,
extreme weather, and other natm'al and/or manmade disasters; provided however, dm]
nothing hcrciu shall constitute a warranty by the Mnnicipality that any minimum or
maximunt quanlily shall be delivered on a weekly, monthly or annual basis.
Unprocessed C&D shall not be commingled with any olhcr material. All material
shall be delivered separately in accordance wilh Town requimmeuls and applicable law.
14.
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Tipping Fee~ and Weight Records
A. C&D Tipping Fees. Thc Municipality shall pay Brookhaven Sixty five Dnllars
($65.00) per ton for the disposal of unprocessed C&D pursuaut to this Agreement and
Fifty Dollars $50.00 per ton for the disposal of processed C&D.
B. Vegetative Waste Payment The Municipality shall pay Brookhavcn Seventy-Five
Dollars ($75.00) per ton for the disposal of Vegetative Waste pursuant to this
Agreement.
C. Weight Records.
i. Billing shall be based upon weights recorded at the Brookhaven scales.
ii.
Brookhaven shall provide and maintaia truck scales and associated
weighing and rccording equipment, calibrated to the degree of accuracy
required by the laws of the State of New York, and shall maintain daily
records, by municipality, track, and the tonnages received from the
Mtmicipality.
iii.
In the event that the scales o[ Ibe Town o1' Brookhaven are inoperable for
reasons of maintcnaace or other cause, weighing of material and billing
shall be based upon the scales of the Municipality. If the scales of bofl~
parties are inoperable, tare weights may be used.
Payment and Billing.
In the case of a Federally Declared Emergency, the Municipality authorizes the
Town of Brookhaven to bill and collect the Federal Emergency Management
Agency (FEMA) Public Assistance portion of all "Tipping Fees" from the FEMA
under the Stafford Act and Article 44 of the Code of Federal Regulations.
Billing Disputers In thc event of any dispute over billing, the Municipality shall
promptly advise Bmokhaven of the amount at issue and the basis of such dispute,
and shall provide such documentary evidence as may support its position. The
pm'tics shall uegotiate the dispute in good faith until either party advises tbe other,
in writing, that aa impasse exists. Thereafter, the exclnsive means to resolve any
dispute between thc peri'les that arises out of this Agreement shall be through an
action initiated in New York Stale Supreme Court, Suffolk Connty. Unless
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otherwise agreed in writing by tile Pardes, the Parties shall contimle to perform
their respective obligations under this Agreement during any Dispute proceeding.
Transportation
Traasportatiou of all malcrial delivered to thc Brookhaven Facility pursuant to
this Agreement shall be provided by the Municipality at its sole cost and expense.
The Mtmicipality shall provide Brookhaven with a list of all vehicles owned or
hired by Ihe Muuicipallty that arc authorized to transport material pursuant to this
Agrcemenl, together with the identification and registratiou number of all such
authorized vehicles, and shall promptly notify Brookhaven of any change in any
such list. Thc identification and registration number of each vehicle makiug
deliverie~s hereunder shall be prominently displayed and pennaneutly affixed to
each vehicle.
It shall Ix: thc responsibility of thc Municipality to ensm'e that all vehicles
delivering material to the Bmokhaven 12ndl'ill Complex shall he properly
registered, equipped and insured according to applicable law, and all drivers shall
be properly liceused. All drivers shall obey the internal traffic rules and
regulations of the Brookhaven Facility.
6. Material Spccificatiuns and Testin¢, Re{Inirements. All material delivered hereunder
shall be mm-hazardous and meet the applicable requirements set tm'th in the Brookhaven
Landfill permit and the regulations of the New York State Department of Enviromnenlal
Coaservation. Bmokhaven reserves tile right to take samples and conduct tests upon materials
delivered by tile Municipality. Such testing shall be at the sole cost and expense of the Town of
Bnmkbaveo, provided however, that in Ihc event that unauthorized material is found to be
present icl a delivery from the Municipality, rhea, the Municipality shall bear the costs of all
sampling, testing, handling and disposal of such material.
7. Insm~nce.
Each party hereto shall proceed on a self-insured basis, provided however, that all
delivery vehicles shall be insured as required hy law.
If the Mnnicipality shall contract with a hauler, under separate agreement, to
provide pick-up and delivery services under this Agreement, the Municpality shall
cause its hauling contractor responsible for dm delivery of material to add
Brookhaven as an udditional insured on all lyolicies of insurance required of said
contractor by Brookhaven. The Municipalily shall deliver a copy of the
contractor's amended certificale of insurance to Brookhaven before the
commencement of work.
9. Indemnity The Municipality shall defend, indemnify and hold harmless Bnmkhaven
from and againsl all losses, and all claims, demands, payments, suits, actions, recoveries,
judgments, costs and expenses including without limitation attorney's fees, in connection
therewith, of every nature, including but not limited to claims lbr bodily injury, or death, by any
third pmty and by or on behalf of the Municipality's contractors, agents, servants or employees,
arising oat of or in cmmection with performauce of this Agreement and caused, in whole or in part,
by the Municipality, its agents, servants or employees.
10, Default and Termination. In the event of a breach of an obligation under this
Agreement, thc right to recover damages will ordinarily constitute an adequate remedy.
Tberefore, except as ntherwise provided in this Agreement, neither party shall have the right to
terminate its obligations under this Agreement except as follows:
Brookhaven's Right to Terminate, Brookhavcn shall have the right to tcmtinate
this agreement upon the persistent and repeated breach of thc provisions of this
agreement by the Municipality, provided that Brcx)khaven shall have provided
wfltten no,ice of such breach to the Municipality, aud provided further that the
Municipality shall have failed to cure sucb breach within 30 days of said notice; or
the failure by the Municipality to pay any sum due, for a period of 90 days.
The Municipality's Right to Terminate. Thc Municipality shall have the right to
terminate this ag~ement Ul~m the persistent and repeated breach et' the provisions
of this agreement by I?,mokhaven, provided that the Municipality shall have
provided written notice uf such breach to Brookhaven, and provided fmxher that
Brookhaveu shall have i"ailed I~.) cure such breach within 30 days of said notice.
10. Survival nf Obligations. It is expressly understood and agreed that any and all claims
and obligations for payment o~: costs and expenses incun'ed under this Agreement prior to
termination under this paragraph shall survive such termination.
11. Compliance. Both Brookhavcn and the Municipality shall comply with all Federal, State
and Local Laws, rules, regulations, codes and ordinances in the per£ormance of this Agreement
and shall obtain, pay for and cmnply with tiny conditions contained in any permits, approvals and
renewals thereof which are required to be obtained th the legal performance of this Agreement.
12. No Modilication. No modification of this Agrecmcut shall be valid unless written in thc
fi)rm of an Addendum or Amendment signed by all parties.
13. Law Provisions. All provisions as required by Law are hereby deemed inserted. The
Parties agree that nothing in this Agreement shall be construed so as to intefli:re with or
diminish any municipal powers or authority.
14. Entire Agreement.
11 is expressly agreed that this instrument represents the entire agreemem of the parties and that
all prcvinus understandings are merged in this Agreement.
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IN WITNESS WHEREOF, lhe parties hereto rove set heir hands and seal the date and year first
above written,
TOWN OF BROO~~
SI'ATE OF NEW YORK )
) SS.:
CO[JNTY OF SUFFOLK )
On the ~- day oJ~ ~ , 20/~ before me personally came
._.l~3~, J'~.t_ ~ "~--Jt"'~'~'"~"o..~ . to mc kn~own, who, being by me duly sworn, did
depose and st~ thai he is Ihe Sul:~2rv!~:tm/Deputy Sapervisor of the TOWN OF
BROOKHAVEN, Ihe municipal corporation described in and which executed thc foregoing
instrument; thai he signed his name thereto by order of the Town Board of the Town of
Brookhavea.
CAROL C. BONO
NOtal~ Public, State of New Yo~
_ . _ Qualif~d in Sulfolk County
Notary Public ~almt~am Expires Janua~/3,
'I'OWNP.~I~I~t~)F SOUTHOL~D
S'i, pYrvi,sor ' ~ ' ':
STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOI.K )
On the day_of ~P(OIT(O.~[ , 2()~, heft,re mc pcr~matly came
~'-O~"~'~'~ ~Z~.. t'~(.~ff~.~[ ( , tO Ille kuowa, who, bcillg by me duly sworn, did
dcpose and~.say that hc,t,~a, is thc Supervisor~=~-l.~q,~~ of the Town,tld4+l~
t)l' _~o(~,--Jr~o(c.{ . the municipal corporation described in and which executed Ibc
foregoing instrument; that lie signgd his/l.~w name thereto by order of the 'rowntX~,~ Board of
I:hc Town/.:Zi;4e~-ot'_ ~<-,~ _~_'~, _~>_ ['Ot'
Notary Public