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HomeMy WebLinkAboutTown of Brookhaven RESOLUTION 2016-313 ADOPTED DOC ID: 11750 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-313 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 22,2016: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an Inter-Municipal Agreement with the Town of Brookhaven for transfer and disposal of Construction and Demolition Debris from the Town of Southold, subject to the approval of the Town Attorney. aja&4a?� ' Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans,Justice AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell INTERMUNICIPAL AGREEMENT BETWEEN THE TOWN OF BROOKHAVEN and THE TOWN OF SOUTHOLD 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,New York 11738 and the INCORPORATED TOWN OF SOUTHOLD, a municipal corporation of the State of New York,having its principal offices at 53095 Main Road, Southold,New York 11971 (hereinafter the "SOUTHOLD")provides as follows: . RECITALS: 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; WHEREAS, SOUTHOLD, through a contractor, currently collects Construction and Demolition Debris ("C&D") defined herein, from the residential properties and facilities located throughout the Town of SOUTHOLD that is suitable for transfer and disposal at the Landfill complex operated by the Town of Brookhaven at Horseblock Road,Yaphank,N.Y. ("Brookhaven Facility"); and WHEREAS, the C&D defined herein, from and in the Town of SOUTHOLD must be disposed of in accordance with applicable law; and WHEREAS, Brookhaven owns and operates a Landfill complex including solid waste management facilities located in Brookhaven at Horseblock Road, Yaphank, N.Y. which accepts C&D defined herein, and is capable of recycling concrete and processing it into a recycled concrete aggregate; and WHEREAS, SOUTHOLD wishes to dispose of the C&D defined herein, at the Brookhaven Facility, and Brookhaven wishes to accept such material for disposal under the terms set forth below; and WHEREAS, both the Brookhaven and SOUTHOLD desire to work cooperatively together to provide an environmentally sound and cost-effective arrangement for disposing of C&D collected in the Town of SOUTHOLD consistent with applicable law; and WHEREAS,the cooperative action of Brookhaven and SOUTHOLD is expected to be to the economic benefit of each Party and will serve a public purpose for each Party. 1 NOW,THEREFORE, IN CONSIDERATION OF THE FOREGOING AND THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED THE PARTIES AGREE,WARRANT AND COVENANT AS FOLLOWS: 1. Purpose and Intent. The purpose of this Agreement is to set forth the terms and conditions under which the SOUTHOLD will deliver, and Brookhaven will accept C & D, as defined herein, at Brookhaven's Landfill complex located on 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. 2. Definitions A. The term Commissioner shall mean the Commissioner of the Department of Waste Management of the Town of Brookhaven. B. The term 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 in the material requirements annexed hereto as Appendix A. C. The term Facility Delivery Hours shall mean the hours of Landfill complex operation which are 7:00 am — 4:00pm Monday through Friday, and 7:00 am — 12:00 pm Saturday, except holidays. D. The term Hazardous Waste shall have the meaning set forth in 6 NYCRR 371 (or any subsequent amendment thereto). E. The term Off-Specification Waste shall mean any and all waste, other than Hazardous Waste, which does not conform to the material requirements of any Brookhaven facility or which are inconsistent with the materials approved for disposal in the Landfill. 3. Term. The base term of this Agreement shall commence upon execution by the Parties and shall expire three years from the date of execution of the Agreement. The term of this Agreement may be extended for up to two (2) additional one-year periods, exercised by the mutual agreement of the parties, in writing. 4. Delivery and Acceptance of C &D A. Commencing on the date of execution 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 C & D collected received or generated by the Municipality, which the parties project will be approximately 2,300 tons per year, provided however, that nothing herein shall 2 constitute a warranty by the Municipality that any minimum or maximum quantity shall be delivered on a weekly, monthly or annual basis. B. Delivery of C&D. Commencing on the date of execution and continuing throughout the Term hereof, and subject to the terms of this Agreement, SOUTHOLD agrees to deliver, or cause to be delivered to the Brookhaven Facility all C&D collected received or generated by the SOUTHOLD, which the parties project will be approximately 2,300 tons per year, provided however, that nothing herein shall constitute a warranty by SOUTHOLD that any minimum or maximum quantity shall be delivered on a weekly, monthly or annual basis. C. Transportation of all material delivered to the Brookhaven Facility pursuant to this Agreement shall be provided by SOUTHOLD at its sole cost and expense. D. During the Term hereof, Brookhaven shall accept at the Brookhaven Facility the material described in paragraph 4(A) above, subject to Brookhaven's rejection rights set forth in paragraph 4(E)below. E. Brookhaven shall have the right to reject any deliveries by or on behalf of the Municipality if such deliveries i. Are made at a time other than during the Facility Delivery Hours ii. Contain Hazardous Waste, medical waste, or otherwise fail to meet the requirements of applicable law or permit governing the Brookhaven Facility. In exercising its rejection rights pursuant to this provision, Brookhaven shall, where practicable, accept the portions of such deliveries that, as the case may be, are not Hazardous Waste or other unauthorized material. iii. Are made in vehicles not meeting the provisions of paragraph 6 below. If Brookhaven is unable to accept or the SOUTHOLD is unable to deliver the waste material identified in paragraph 4(A) for any reason, the parties shall use their best efforts to reschedule the delivery of such material for delivery as soon as possible. 5. Tipping Fee and Payment and Weight Records A. C&D Tipping Fee and Payment. SOUTHOLD shall pay Brookhaven Fifty Six and 501100 Dollars ($56.50) per ton for the disposal of C&D pursuant to this Agreement. The fee for any option year shall be modified by multiplying the price for 2016 C&D by the dividend of the Consumer Price Index for All Urban Consumers (CPI-U) for New York-Northeastern New Jersey for January of the option year and the CPI-U for January of 2016. All invoices from Brookhaven shall set forth the date, weight and fee for each load of material delivered by the 3 Municipality. Payment shall be made within 20 days of invoice. Late payments may be assessed interest at the rate of 1.5%per month. B. Weight Records. i. Billing shall be based upon weights recorded at the Brookhaven scales. Brookhaven may rely on the posted tare weights of delivery vehicles rather than exit weighing, but may check such tare weight by occasionally weighing or reweighing such vehicles upon exit from the Landfill complex. 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 truck, of 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 SOUTHOLD. If the scales of both parties are inoperable, tare weights may be used. C. Payment. Billing shall be monthly. All invoices from Brookhaven shall set forth the date, weight and fee for each load of material delivered by SOUTHOLD. Payment shall be made within 20 days of invoice. Late payments may be assessed interest at the rate of 1.5%per month. D. 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 Municipality shall pay all amounts set forth on Brookhaven invoices which are not in dispute and the parties shall utilize the dispute resolution procedures of Paragraph 12 to resolve the dispute. 6. Transportation and Delivery A. SOUTHOLD shall provide Brookhaven with a list of all vehicles owned or hired by the SOUTHOLD 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. B. It shall be the responsibility of SOUTHOLD 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 4 properly licensed. All drivers shall obey the internal traffic rules and regulations of the Brookhaven Landfill. C. Load Tracking Documents. Brookhaven reserves the right to require the use of a Load Tracking Document, annexed hereto as Appendix B for all materials delivered pursuant to this Agreement. In such event, Brookhaven shall provide not less than ten (10) days notice of the requirement for the use of a Load Tracking Document and shall provide a copy of the form document to SOUTHOLD. Any load arriving at Brookhaven's Facility without such a tracking document shall be turned away. Upon presentation of the tracking document to Brookhaven personnel at the Landfill scale house, the Brookhaven representative shall mechanically sign and note the time of arrival on the tracking document. The driver of the delivery vehicle shall display the tracking document at all inspection and material sampling points within the Landfill. D. Landfill Hours. The Brookhaven Facility will be open for receipt of the Municipality's material during the Facility Delivery Hours with the exception of legal holidays. Brookhaven may, from time to time, modify the Landfill's hours of operation. In the event the Municipality wishes to access the Landfill beyond the normal hours of operation, Brookhaven reserves the right to assess any overtime costs incurred by Brookhaven to the Municipality. 7. 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 SOUTHOLD for the presence of Hazardous Waste or other unauthorized material. Such testing shall be at the sole cost and expense of the Town of Brookhaven, provided however, that in the event that Hazardous Waste, or other unauthorized material is found to be present in a delivery from SOUTHOLD, SOUTHOLD shall bear the costs of all sampling, testing, handling and disposal of such material. 8. Obligations for Off-Specification and Hazardous Wastes. In the event that any material delivered by SOUTHOLD under this Agreement is determined to be Off-Specification or Hazardous Waste or other unauthorized material, said material shall be rejected if such determination is made before acceptance. If such determination is made after acceptance, the Municipality shall be responsible for removal of the material if removal is determined by Brookhaven to be required, and shall in all events be responsible to reimburse Brookhaven for all expenses incurred as a result of such delivery and rejection. 9. Insurance. Each party hereto shall proceed on a self-insured basis, provided however, that all delivery vehicles shall be insured as required by law. 5 10. Indemnity A. SOUTHOLD shall defend, indemnify and save 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 SOUTHOLD, its agents, servants or employees. B. Brookhaven shall defend, indemnify and save harmless SOUTHOLD 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 Brookhaven'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 Brookhaven, its agents, servants or employees. 11. 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: i. The persistent and repeated breach of the provisions of this agreement by SOUTHOLD,provided that Brookhaven shall have provided written notice of such breach to SOUTHOLD, and provided further that SOUTHOLD shall have failed to cure such breach within 30 days of said notice; or ii. The failure by SOUTHOLD to pay any sum due, and not subject to dispute resolution pursuant to paragraph 12 hereof, for a period of 90 days. B. SOUTHOLD's Right to Terminate. iii. SOUTHOLD shall have the right to terminate this agreement upon the persistent and repeated breach of the provisions of this agreement by Brookhaven,provided that SOUTHOLD 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. iv. The failure by the Brookhaven to pay any sum due, and not subject to dispute resolution pursuant to paragraph 12 hereof, for a period of 90 days. 6 C. Termination at Will and Liquidated Damages Notwithstanding any other provision of this Agreement to the contrary, either party may terminate this Agreement at any time after commencement upon i) not less than sixty(60) days written notice to the other party and ii) payment of the sum of ten thousand ($10,000) dollars to the other party as liquidated damages in compensation for premature termination, it being agreed that the actual damages suffered by either party in the event of premature termination will be substantial but difficult to determine, and that the damages set forth herein are intended to serve as full compensation for the injured party in the event of such termination. D. 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. 12. Dispute Resolution In the event of any dispute under this Agreement; either party shall serve written notice to the other of the existence and nature of the dispute, the amount at issue, if any, and the provision of this agreement governing the dispute. 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 otherwise agreed in writing by the Parties, the Parties shall continue to perform their respective obligations under this Agreement during any Dispute proceeding. 13. Contact Persons. The contact persons for the parties to this Agreement shall be the following contact persons at the following addresses: Commissioner Supervisor, and Dept of Waste Management Solid Waste Coordinator Town of Brookhaven Town of Southold One Independence Hill 53095 Main Road Farmingville,New York 11738 Southold,New York 11971 14. Compliance. Both Brookhaven and SOUTHOLD 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. 15. Invalidity of Particular Provisions. If any term of this Agreement or the application thereof to any person or circumstances shall to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 7 16. No Assignment. Neither SOUTHOLD nor Brookhaven shall assign, transfer, convey, sublet or otherwise dispose of this Agreement, or any of its right, title or interest therein, or its power to execute this Agreement, to any other person or corporation, except for the purposes described herein, without prior written consent, and any attempt to do any of the foregoing without such consent shall be of no effect. 17. No Modification. No modification of this Agreement shall be valid unless written in the form of an Addendum or Amendment signed by all parties. 18. Uncontrollable Circumstances. Neither SOUTHOLD nor Brookhaven shall be liable for failure to fulfill their responsibilities as provided for in this Agreement, nor for any resultant damages or financial losses if such failure is caused by a catastrophe, riot, war, governmental order or regulation (other than by or of Brookhaven), act of God or other similar event beyond the reasonable control of SOUTHOLD or Brookhaven. If such failure persists, or if after cessation of such failure, either SOUTHOLD or Brookhaven is unable to render full or substantially full performance, Brookhaven may terminate this Agreement upon written notice given 30 days in advance of such termination. 19. 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. 20. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the date and year first above written. TOWN OF BROOKHAVE .SmpepAsef-and/or Deputy Supervisor Date TOWN OF SOUTHOLD By: �r Supervisor Date 8 STATE OF NEW YORK ) ) SS.. COUNTY OF SUFFOLK ) r On the��day of _ , 2016,before me personally came �Q " , IL ,to me known,who,being by me duly sworn, did depose and sa that he is the Stipervimr/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 STATE OF NEW YORK ) CAROL C.SONO SS.: Notary Public,State of New York COUNTY OF SUFFOLK t�o.01f?05052424 Qaa bd in Suffolk County r CommlWon Expires January 2, On the day of 2016,before me personally came USS!I to me known, who,being by me duly sworn, did depose and say that he is the (.M V\A�s$T of the 15)W L f34<5t\k+M 1, the municipal corporation described in and which executed the foregoing instrument; that he signed his name thereto by order of th6II U (1 Board of the]JA D*-MC, Notary Public LAUREN M.STANDISH Notary Public,State of New York No.01ST6164008 Qualified in Suffolk County Commission Expires April 9,2019 9 APPENDIX A: MATERIALS SPECIFICATIONS Construction and Demolition Debris (C&D) means material as defined in 6 NYCRR Section 360- 1.2(b)(38). In addition, C&D material shall be sufficiently moistened to prevent fugitive dust, and shall be processed to a standard which shall not exceed 12 inch minus. Contractors are advised that the Town's ,policy with respect to the enforcement of the 12 inch minus standard shall be guided by the following: 1. The purpose of the 12 inch minus standard is to ensure the receipt of a high density gradable material. The Town recognizes that loads of material which are routinely processed to this standard may nevertheless contain individual pieces of material which exceed 12 inches. 2. The policy of the Town at the Landfill will be to reject loads which contain pieces larger than 12 inches, in amounts which render the load ungradable in the judgment of Town personnel. In instances where the load is gradable and acceptable overall, but contains unacceptable items, the Contractor may be required to reload and remove such items before acceptance and/or be assessed a penalty. 3. Monetary penalties will be applied for non-conforming loads. Termination will be employed as a remedy where a Contractor fails to cure process defects or otherwise conform to the specification after imposition of monetary penalties. 4. Contractors who are unsure of the ability of their process to meet the tolerances of the size standard may request the Town to inspect the operation of their size reduction process at any time before or after commencement of deliveries. As a result of such inspection,the Town will advise the Contractor as to whether the process, as demonstrated, will or will not meet the tolerances of the size standard. If the Contractor is advised that the process appears to produce an acceptable material, the Contractor should continue to employ the process as demonstrated and advise the Town of any changes to the process which may affect compliance with the standard. If the Contractor is advised that the process does not produce an acceptable material,the Contractor may modify the process and request another inspection. 10 Resolution Submission Form MEETING OF: MARCH 10, 2016 RESOLUTION NO. 2016-0206 MOVED BY COUNCILMEMBER: NEIL FOLEY REVISION MARCH 1, 2016 10:58 AM SHORT TITLE: AUTHORIZING THE SUPERVISOR/DEPUTY SUPERVISOR TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT TO ACCEPT UNPROCESSED C&D FROM THE TOWN OF SOUTHOLD DEPARTMENT: WASTE MANAGEMENT REASON: Inter-Municipal Agreement to enter into a three (3) year IMA with two (2) optional one-year extensions with the Town of Southold. Financial Impact: Approximately$130,000 annually based upon 2015 experience. Account A8160 32130 (Landfill fees) SEQRA REQUIRED: NO PERMISSIVE REFERENDUM:NO Present Absent Motion Aye No Abstain Not Voting Councilmember Cartright Councilmember Bonner Councilmember LaValle Councilmember Loguercio Councilmember Foley Councilmember Panico Supervisor Romaine RECEIVED MAR 15 2016 Southold Town ADOPTED RESOLUTION NO. 2016-0206 MEETING: MARCH 10, 2016 BY THE BROOKHAVEN TOWN BOARD AUTHORIZING THE SUPERVISOR/DEPUTY SUPERVISOR TO ENTER INTO AN INTER- MUNICIPAL AGREEMENT TO ACCEPT UNPROCESSED C&D FROM THE TOWN OF SOUTHOLD WHEREAS,the Town of Brookhaven owns and operates the Brookhaven Landfill Complex including a transfer station and Material Recovery Facility("MRF"), located in the Town of Brookhaven, that accepts unprocessed Construction and Demolition Debris ("Unprocessed C&D") and recyclable materials for further processing; and WHEREAS,the Town of Southold accepts and generates Unprocessed C&D generated in the Town of Southold; and WHEREAS,the Town of Brookhaven is capable of accepting and processing Unprocessed C&D that is generated from the Town of Southold, at the Brookhaven Landfill Complex, including the Material Recovery Facility; and WHEREAS,the Town of Brookhaven and the Town of Southold desire to work cooperatively to provide an environmentally sound and cost-effective arrangement for disposing of Unprocessed C&D generated and collected by the Town of Southold; and WHEREAS,the cooperative efforts of the Town of Brookhaven and the Town of Southold are expected to be economically beneficial to each Town and will serve a public purpose for each Town; and WHEREAS,the Town of Southold agrees to pay the Town of Brookhaven a tipping fee of$56.50 per ton for all Unprocessed C&D material delivered to the Town of Brookhaven's Landfill complex, including its MRF; r WHEREAS,the terms of the Inter-Municipal Agreement shall be for three (3)years, with two (2) optional one-year extensions. NOW,THEREFORE,BE IT RESOLVED,by the Town Board of the Town of Brookhaven that the Supervisor/Deputy Supervisor is hereby authorized to sign an Inter- Municipal Agreement with the Town of Southold upon terms substantially in accordance with those which have been presented to this Town Board, and is also hereby authorized to execute all documentation necessary to effectuate this Resolution; and be it further RESOLVED,that said Inter-Municipal Agreement shall be subject to the review of the Town Attorney's office; and be it further RESOLVED,the Commissioner of Finance is hereby authorized, empowered and directed to take all actions necessary and appropriate to effectuate the terms of this resolution; and be it further RESOLVED,that the Town Clerk shall send a certified copy of this Resolution to the Supervisor and Town Clerk of the Town of Southold.