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HomeMy WebLinkAbout1987-06-23 87-237 ORDER8]-23] Introduced by Councilor Shubert, June 23, 1987 CITY OF BANGOR (➢TIE.) Mrbgri Authors i g the City Manager m sign andAgreemand with the Psmbacat valley_Refua¢.nlapoaal.District ..,...Solid- waste -Contract Aasignment------- Bg We City Council of the Cftp ofBanw.' TILLT , BERMS, the City of Bangor has previously entered into an Agreement with the Penobscot Energy Recovery Company for the disposal of its solid waste at the new disposal facility being constructed in Orrington: and WHEREAS, the City by previous Council Order has joined the Penobscot Valley Refuse Disposal District and WHEREAS, it has been previously recognized by the City that the Agreement with PERC was an interim step pending the formation of the Penobscot Valley Refuse Disposal District, and that the role of the District would be to control the flow of solid waste to the PERC facility and to provide other services necessary per- taining to solid waste disposal; HOW, THEREPORB, Be It CROSSED, THAT the City Manager be and hereby is authorized on behalf of the Municipal Officers to sign the attached Agreement between the City of Bangor and the Penobscot Valley Refuse Disposal District for the cognitional assignment of the previous Contact between the City and PERC for solid waste disposal and for the future administration of solid waste Gelated business. STATEMENT OF PACT: This Order is afinal step in establishing the proposed method of solid waste disposal through the Penobscot Valley Refuse Disposal District, wherein the aggregate tonnage from all of the member communities will result In a lower tipping fee and the District will providea .strong and united effort in the administration Of the disposal Contract with thePenobscot Energy Reconvery Company (PERC), as well as other future solid waste problems which may occur, such as landfill closures, disposal of unacceptable or hazardous waste, etc. 87-23,71 0 R D ER W/B In City Council June 23,1907 , 0.A, Title, amended on the fourth page •/Yg24� of agreement 2nd paragraph Authorizing the City Manager ( F,p blank space add july 10 to sign an agreement ...................................... with the Passed as amended Penobscot Valley Refuse Dis Fosal !; Dist. kr, jsS�d si anent ,y�p}"4& iov ` .FK.r..... Councilman (NAME OF MUNICIPALITY) MEMBER -DISTRICT AGREEMENT DISPOSAL OF SOLID WASTE AND PROVISION OF CONTRACT SERVICES Whereas, the Penobscot Valley Refuse Disposal District ("District") has been organized pursuant to the provisions of the Maine Refuse Disposal District Enabling Act,. 38 M.R.S.A, Ch. 17; Whereas, the District is constituted a quasi -municipal, regional corporation with a present membership in excess of 20 municipalities in the Penobscot Valley region and a Board of Directors consisting of two representatives from each of said municipalities; Whereas, the (Town/City) of Baneor (hereinafter "the Municipality") is a member of said District, with two representatives to the District Board of Directors; Whereas, the purpose of said District is to provide a system for disposal of all non-bazardous solid waste generated by residential and commercial activities within the boundaries of its member municipalities and such other non -hazardous solid waste as contemplated by 38 H.R.S.A. 51726; Whereas, the District has been organized to facilitate long- term solutions to present and potential solid waste disposal Problems; Whereas, prior to the formation of the District, the Municipality entered into a direct contract, a Waste Disposal Agreement dated 7n0,85 a Copy of whichis attached 1 hereto as Exhibit A, with Penobscot Energy Recovery Corporation ("PERC"); _ Whereas, the Municipality recognizes that the waste Disposal Agreement with PERC, and the mode of solid waste disposal called for by the Agreement, was an interim step pending the formation of the District as a legal entity with the power to contract with PERC; Whereas, the Municipality recognizes that PERC has conditionally assigned its waste disposal contracts to its lenders as collateral in order to obtain necessary financing to allow construction of a solid waste incineration facility in Orrington, Maine; Whereas, the Municipality desires to join with other member municipalities of the District in administering the manner and mode in which solid waste is to be collected, transported and disposed; Whereas, the District, acting through its Board of Directors has the authority to require its member municipalities to enact flow control ordinances that control solid waste collection, transportation, and delivery to a specific facility or facilities; Whereas, the Municipality seeks to join with the other member municipalities in committing the delivery of all Acceptable Waste generated within their boundaries to the PERC waste incineration facility, or Bach other facility as the District may designate, (principally in the event that the PERC facility may not be ready or .able to accept the solid waste - generated within the member municipalities] under the auspices and control of and to the credit of the District; Whereas, the Municipality has joined with other member municipalities of the District to obtain the advantage of "pooling" waste of all member municipalities of the District such that, if the Municipality experiences a shortfall in the amount Of waste it can deliver to the PERC waste incineration facility when compared with its targeted "Guaranteed Annual Tonnage,' as defined in the waste Disposal Agreement, the Municipality will he able to use the surplus of another member municipality of the District so that the Municipality will not have to compensate PERC for the shortfall; Whereas, the Municipality has joined with other member municipalities of the District to obtain the advantage of 'discount" tipping fees resulting from the aggregation of waste among all member municipalities of the District; Whereas, the Municipality has joined with other member municipalities of the District to share the costs of legal representation in negotiation and dispute resolution of contract matters and of lobbying as to legislation affecting solid waste disposal; Whereas, the Municipality has joinedwithother member municipalities of the District to establish a regional organization that can provide an alternative disposal facility, should the PERC incineration facility fail or be closed; Whereas, the District has negotiated a contract with PEMC pertaining to the delivery of Acceptable Waste generated by its !1 member municipalities upon the completion and startup of the PERC facility that presently is under construction in Orrington, Maine; and Whereas, the Municipality seeks to obtain the full benefit of the services to be providedby the District; Now, therefore, the Municipality and the District do hereby agree as follows: 1. Conditional Assignment of FERC Waste S 1 Agreement. Pursuant to Article. XVII. A. (iii) of the Waste Disposal Agreement by and .between the Penobscot Energy Recovery Company and the Municipality dated 1985, the Municipality hereby agrees to and does hereby conditionally assign said Agreement to the District as security for the - performance of the Municipality's obligations to the District. Pursuant to this Assignment, the Municipality agrees to use its best efforts to cause to be delivered to the PERC incineration facility, or to another waste disposal facility -(in the event of a failure or closure of the PERC facility), all the Acceptable Waste collected by it and/or under its control, up to its Guaranteed Plant Capacity Share (as defined in said Waste Disposal Agreement). All such Acceptable Waste delivered shall be administered by and credited to the District, as though the District had itself actually delivered said waste to the PERC facility or such other facility as may be designated by the District from time to time, The Municipality and the District agree that, in the event that the Municipality withdraws from the District, the. District shall reassign the Waste Disposal Agreement to the Municipality. Such withdrawal shall be pursuant to 38 M.R.S.A. g 1728 and further conditioned upon the Town 'a payment of any outstanding charges due to the District. 2. Payment of District Charges. The Municipality agrees that all fees or charges, including Tipping Fees (based on the. Muncipality's Guaranteed Annual Tonnage, as that team is defined in the Waste Disposal Agreement, or Acceptable Waste actually delivered, whichever is greater), which are established by the District for administration of the waste disposal process, together with such other services as the District, through its Board of Directors, may establish, shall be paid at the time and in the: manner established by action of the District's Board of Directors. 3. District Services. The District agrees to provide contract administration and planning services relating to the collection, transportation, and disposal of solid waste generated within the member municipalities of the District, together with such other services as the District, by action of its Board of Directors, may establish. - 4. District Bylaws. The Municipality shall abide by the District's Bylaws„ as those Bylaws may be amended from time to time, and all valid actions of the Board of Directors taken pursuant thereto, for as long as it shall remain a member of the District. A copy of the District's Bylaws shall. be placed and Shall remain on file at the District's corporate office. 5. Plow Control. The Municipality agrees that, in the event that it becomes necessary to assure delivery of a quantity of Acceptable Waste from the municipal members of the District sufficient to meet the District's Guaranteed Annual Tonnage, the District shall have the Power and authority to require that the Municipality enact an ordinance controlling delivery of all Acceptable Waste generated or created within the municipal boundaries of the Municipality to the PERC facility and/or to another facility designated by the District pursuant to 38 M.R.S.A. §1738, as amended. At the option of the Municipality, the District shall provide the form of said ordinance or allow the Municipality to adopt its own language for said ordinance, provided it accomplishes the objectives of this paragraph. 6. Accounting. The District shall, as part of the services to be provided to the Municipality, provide such accounting services (relating to amounts of waste delivered and fees for collection, transportation and disposal thereof) as the District's Board of Directors may establish. However,. the Municipality shall be responsible for maintaining its eve records for the Purpose of independent verification of whatever records the District or PERC may keep. ]. Unacceptable Waste. The disposal, collection, and transportation of any "Unacceptable Waste" (as that term is defined in the Waste Disposal Agreement and the Put -Pay Agreement to be executed by the District and PERC) generated within the municipal boundaries of the Municipality, shall remain the sole responsibility of the Municipality. S. Applicable Law. The law of the State of Maine shall govern the validityr interpretation, conattuation,and performance Of this Agreement. 9. Other Documents. Each party hereto promises and agrees to execute and deliver any instruments and to perform any acts which may be necessary or reasonably required in order to give full effect hereto. IN WITNESS WHEREOF, the parties hereto have executed this contract on this day of 1967. Witness: Witness: Member/District Agreement TMBOS (TOWN/CITY( OF BY: PENOBSCOT VALLEY REFUSE DISPOSAL DISTRICT - By: its Chairndn 7