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HomeMy WebLinkAboutEmergency debris IMA Draft 1 INTER-MUNICIPAL AGREEMENT BETWEEN THE TOWN OF BROOKHAVEN and THE TOWN/VILLAGE OF _______________________________________ THIS AGREEMENT (the “Agreement”) made between the TOWN OF BROOKHAVEN (“BROOKHAVEN”) , a municipal corporation of the State of New York, having its principal offices at One Independence Hill, Farmingville, NY 11738 and the Town/Village of ____________________, a municipal corporation of the State of New York, having its principal offices at ________________________,______________, NY _______ (hereinafter the “MUNICIPALITY ”) provides as follows: R E C I T A L S: WHEREAS, municipal corporations in the State of New York, including the PARTIES herein, are authorized under General Municipal Law §119-o to enter into agreements for the performance among themselves or one for the other of their respective functions, powers and duties on a cooperative or contract basis; and WHEREAS, the Municipality may experience significant damage due to the direct result of a declared emergency resulting from a hurricane, flooding, extreme weather, and other natural and/or manmade disasters; and WHEREAS, the damages resulting from such events may exceed the capabilities of the Municipality to effectively perform debris management operations; and WHEREAS, the Vegetative Waste and, C&D, defined herein, collected by the Municipality must be recycled or disposed of in accordance with applicable law; and WHEREAS , Brookhaven owns and operates a Landfill Complex located in the Brookhaven Landfill Complex at 350 Horseblock Road, Yaphank, N.Y. which accepts Vegetative Waste and C&D; and WHEREAS , the Municipality wishes to dispose of the Vegetative Waste, defined herein, and C&D, defined herein, at the Brookhaven Landfill Complex, and Brookhaven wishes to accept such material for disposal under the terms set forth below; and WHEREAS, both the Towns of Brookhaven 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 2 NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED THE PARTIES AGREE, WARRANT AND COVENANT AS FOLLOWS: Purpose and Intent. The purpose of this Agreement is to set forth the terms and conditions under which the Municipality will deliver, and Brookhaven will accept, Vegetative Waste, defined herein, and, C&D, defined herein, at Brookhaven’s Landfill Complex located 350 Horseblock Road, Yaphank, New York. The parties hereto recognize and agree that the access to the Landfill Complex which is hereby granted to the Municipality by Brookhaven shall be governed solely by the terms of this Agreement. 1. Definitions A. “Brookhaven Facility ” shall mean Brookhaven’s Landfill Complex, which includes the Brookhaven Materials Recovery Facility (MRF), a recycling facility, C&D processing facility and transfer station located at 350 Horseblock Road, Yaphank, New York B. Construction and Demolition Debris (“C&D”) shall 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 Brookhaven’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 requirements annexed hereto as Appendix A. ii. Unprocessed C& D shall mean C&D that is not crushed, shredded, altered or otherwise processed; or any C&D that may have been altered, shredded, crushed or processed to meet the Town of Brookhaven specifications. C. Facility Delivery Hours shall mean the hours of Landfill Complex operation which are 7:00 am – 4:00 pm Monday through Friday, and 7:00 am – 12:00 pm Saturday, except holidays. D. Vegetative Waste shall mean trees, brush, leaves limbs or any vegetation. Such vegetative waste shall exclude grass and grass clippings. 2. Term. The term of this Agreement shall be in effect October 28, 2012 and shall expire on May, 31, 2013. 3. Delivery and Acceptance of Debris A. Commencing on the first day of the Term of this Agreement and continuing throughout the Term hereof, and subject to the terms of this Agreement, the Municipality agrees to deliver, or cause to be delivered to 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 hurricane, flooding, extreme weather, and other natural and/or manmade disasters; provided however, that 3 nothing herein shall constitute a warranty by the Municipality that any minimum or maximum quantity shall be delivered on a weekly, monthly or annual basis. B. Unprocessed C&D shall not be commingled with any other material. All material shall be delivered separately in accordance with Town requirements and applicable law. 4. Tipping Fee, and Weight Records A. C&D Tipping Fees. The Municipality shall pay Brookhaven Sixty five Dollars ($65.00) per ton for the disposal of unprocessed C&D pursuant 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 Brookhaven 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 maintain truck scales and associated weighing and recording equipment, calibrated to the degree of accuracy required by the laws of the State of New York, and shall maintain daily records, by municipality, truck, and the tonnages received from the Municipality. iii. In the event that the scales of the Town of Brookhaven are inoperable for reasons of maintenance or other cause, weighing of material and billing shall be based upon the scales of the Municipality. If the scales of both parties are inoperable, tare weights may be used. 5 Payment and Billing . A. 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. B. Billing Disputes In the event of any dispute over billing, the Municipality shall promptly advise Brookhaven of the amount at issue and the basis of such dispute, and shall provide such documentary evidence as may support its position. The parties shall negotiate the dispute in good faith until either party advises the other, in writing, that an impasse exists. Thereafter, the exclusive means to resolve any dispute between the parties that arises out of this Agreement shall be through an action initiated in New York State Supreme Court, Suffolk County. Unless 4 otherwise agreed in writing by the Parties, the Parties shall continue to perform their respective obligations under this Agreement during any Dispute proceeding. 5. Transportation A. Transportation of all material delivered to the Brookhaven Facility pursuant to this Agreement shall be provided by the Municipality at its sole cost and expense. B. The Municipality shall provide Brookhaven with a list of all vehicles owned or hired by the Municipality that are authorized to transport material pursuant to this Agreement, together with the identification and registration number of all such authorized vehicles, and shall promptly notify Brookhaven of any change in any such list. The identification and registration number of each vehicle making deliveries hereunder shall be prominently displayed and permanently affixed to each vehicle. C. It shall be the responsibility of the Municipality to ensure that all vehicles delivering material to the Brookhaven Landfill Complex shall be properly registered, equipped and insured according to applicable law, and all drivers shall be properly licensed. All drivers shall obey the internal traffic rules and regulations of the Brookhaven Facility. 6. Material Specifications and Testing Requirements . All material delivered hereunder shall be non-hazardous and meet the applicable requirements set forth in the Brookhaven Landfill permit and the regulations of the New York State Department of Environmental Conservation. Brookhaven reserves the right to take samples and conduct tests upon materials delivered by the Municipality. Such testing shall be at the sole cost and expense of the Town of Brookhaven, provided however, that in the event that unauthorized material is found to be present in a delivery from the Municipality, then, the Municipality shall bear the costs of all sampling, testing, handling and disposal of such material. 7. Insurance. A. Each party hereto shall proceed on a self-insured basis, provided however, that all delivery vehicles shall be insured as required by law. B. If the Municipality 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 the delivery of material to add Brookhaven as an additional insured on all policies of insurance required of said contractor by Brookhaven. The Municipality shall deliver a copy of the contractor’s amended certificate of insurance to Brookhaven before the commencement of work. 8. 5 9. Indemnity The Municipality shall defend, indemnify and hold harmless Brookhaven from and against 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 for bodily injury, or death, by any third party and by or on behalf of the Municipality’s contractors, agents, servants or employees, arising out of or in connection with performance 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, the right to recover damages will ordinarily constitute an adequate remedy. Therefore, except as otherwise provided in this Agreement, neither party shall have the right to terminate its obligations under this Agreement except as follows: A. Brookhaven’s Right to Terminate . Brookhaven shall have the right to terminate this agreement upon the persistent and repeated breach of the provisions of this agreement by the Municipality, provided that Brookhaven shall have provided written notice of such breach to the Municipality, and provided further that the Municipality shall have failed to cure such breach within 30 days of said notice; or the failure by the Municipality to pay any sum due, for a period of 90 days. B. The Municipality’s Right to Terminate. The Municipality shall have the right to terminate this agreement upon the persistent and repeated breach of the provisions of this agreement by Brookhaven, provided that the Municipality shall have provided written notice of such breach to Brookhaven, and provided further that Brookhaven shall have failed to cure such breach within 30 days of said notice. 10. Survival of Obligations. It is expressly understood and agreed that any and all claims and obligations for payment of costs and expenses incurred under this Agreement prior to termination under this paragraph shall survive such termination. 11. Compliance. Both Brookhaven and the Municipality shall comply with all Federal, State and Local Laws, rules, regulations, codes and ordinances in the performance of this Agreement and shall obtain, pay for and comply with any conditions contained in any permits, approvals and renewals thereof which are required to be obtained in the legal performance of this Agreement. 12. No Modification. No modification of this Agreement shall be valid unless written in the form 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 interfere with or diminish any municipal powers or authority. 14. Entire Agreement . It is expressly agreed that this instrument represents the entire agreement of the parties and that all previous understandings are merged in this Agreement. 6 IN WITNESS WHEREOF, the parties hereto have set their hands and seal the date and year first above written. TOWN OF BROOKHAVEN By:_________________________________________ _____________________ Supervisor and/or Deputy Supervisor Date STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the _____ day of _____________________, 20__, before me personally came ___________________________________, to me known, who, being by me duly sworn, did depose and say that he is the Supervisor/Deputy Supervisor of the TOWN OF BROOKHAVEN , the municipal corporation described in and which executed the foregoing instrument; that he signed his name thereto by order of the Town Board of the Town of Brookhaven. ______________________________________ Notary Public ______________________________________________________________________________ TOWN/VILLAGE OF ____________________________________________ By:_________________________________________ _____________________ Supervisor and/or Deputy Supervisor Date STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) On the _____ day of _____________________, 20___, before me personally came ___________________________________, to me known, who, being by me duly sworn, did depose and say that he/she is the Supervisor/Deputy Supervisor of the Town/Village of__________________, the municipal corporation described in and which executed the foregoing instrument; that he signed his/her name thereto by order of the Town/Village Board of the Town/Village of ______________________ ______________________________________ Notary Public