HomeMy WebLinkAbout1984-01-23 84-82 ORDERM
Introduced BY councilor cm,, aaneazy 33, 1989
CITY OF BANGOR_
(TITLE) (Orber Authorizing_ Exec tion of Contract with Sawyer
___._.....Environmental gec9v2sy_Facilities, Ince _-_. Landfill.. Services
By the City Cmof City of Ba .-
ORDERED.
THAT the City Manager is hereby authorized and directed, on
.behalf of the City of Bangor, to execute anddeliver a contract
with Sawyer Environmental Recovery Facilities, Inc., a copy of
which is on file in the office of the City Clerk, providing for
landfill services at the Sawyer Landfill.
84-82
In City Council January 23,1984
vote for suspension of the roles Title,
passed vote B yea 1 abstained
ORDER
voting yea Brow,cox, Davis,Praukel,'Autharfiing-dxeoutfamuf'carcrder
Jovdan,Tilley,Willey,Whealer. With Sagye[ agv,IXgO%q4W ,SRSQYCKx Ucilities
Councilor we Garthy Abstained inc. Landfill Services
Vote to mend contract failed
lyes 6 no-labsuaidad.`
voting Yes Cox.wheel_ voting no
Brocq.Davle,Peankel, Joraan,iiller.
Willey
Order passsaa
i Clerk "'��
Introdu filed by
...
Councilmen
77-
,
AGREEMENT entered into this first February
day of January 1984 by and
between SAWY ENVIRONMENTAL EEC(VERY FACILITIES, INC., a corporation organiZed
and existing under the lawn of the State Of Maine having a plane Of
business at Hampden, County of Penobscot, State of Maine, hereinafter referred
to as "SERF",, and CITY OF BANGOR, a body corporate located at 6xngor, County
of Penobscot, State of Maine, hereinafter referred to a5 "BANGOR".,
.WITNESSETH:-
WEREAS, SERF, under license. of the Department of Environmental Protection,
State of Maine, operates a solid waste disposal facility, hereinafter referred
to as "LANDFILL FACILITY" {.within the confines of the: Town of -Hampden, County
of Penobscot, State of Maine;
%AND WHEREAS, BANGOR, desirous of utilizing the aforesaid LANDFILL FACILITY
on its sun behalf and that of its authorized agents and authorized designees,.
does hereby contract with SERF for a period of one year, operational from
January 1, 1984, to and Including December 310 19% for the consideration
hereinafter set forth;
NOIR, THEREFORE, it is mutually agreed as follows:
1. ACCESS:. PERMISSIBLE WASTE: For the duration of this Agreement,
SERF will allow access to LANDFILL FACILITY by all City of Bangor vehicles,
limited to authorized (as hereinafterprovided) garbage and rubbish hauling
trucks with enclosed bodies operating within the City of Bangor and also
other vehicles mutually agreed upon between BANGOR and SERF. Said authorized
vehicles shall be permitted to empty ordumpat LANDFILL FACILITY the f011owi%
permissible waste: garbage, refuse, rubble, trash,' rubbish, whit? goads,
demolition debris, and whole Junk autos and/or, the metal parts thereof.
The following shall be specifically excluded and not permitted to be dumped
at LANDFILL FACILITY: septage, septage treatment, septic tank waste, namretalli.c
parts of automobiles. tires and My .nubstarte now or hereafter classified
M hazardous or special waste by Me State of Maine Department of Enviroudental
Protection and/or the United States Environmental Protection Agency, and
any suba'ance that may be detrimental to LANDFILL FACILITY. Fon the purposes
of this contract, the following definitions, except as heretofore excLdad,
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are to be applicable:
GARBAGE shall mean add included every accumulation of bothanimaland. _
'vegetable matter, liquid or solid, that is produced, received and
accumulated from kitchens, homes, restaurants and other food
processors and purveyors, and shall include putrid aM unsound
meat, fish, pork, beef, decayed awler unsound vegetables. and ftWts.
REM115E shall mean any mixture or combination of trash „rubbish and
garbage as combined.
ajgBI shall mean all trash and rubtish or materials produoW by
demolition, fire or. catastrophe a nature which by its size, length
and amount would rot he deemedordinary in usual trash add rubbish
produced in the conduct of a normal homet. residence. or -business on
a day to day basis. - -
TRASH and RUBBISH shall mean glass, tin care, paper wasted homes,
tree liate, tree trieddW, Used cuttings,. leaves, crating material
(woad, cardboard or plastic), metal objects, old lumber, ashes, inorganic
waste, rubbish but not garbage or organic waste.
2. AMHOR12AT10N; bouRS OF OPERATION: All vehicles, as enumerated
in Paragraph I aEova, that make use of LANDFILL FACILITY are to be identified
by a cm picuoisly placed windshieldstirrer or adecal -to be furashed
by SERF, which vehicles shall utilize LANDFILL FACILITY during operating
hours only. Raid operation hours shall he between the hours of 8:00 a.m.. to 4:00 p.m. Monday through Prlday and 8:00 a.m. W 11:W a.m. On SatdfdaY•.-
LANDFILL FACILITY will be closed on Sundays wd1 all legal holidays, as enumerated
in Title 4 of the Mine Revised Statutes Annotated, Section 10510 W users
who are otherwise authorized.
3. 01ST: PENFRW tg: BANGOR agrees W pay to SERF, and the latter agrees to
accept, the amount of Sixteen Dollars ($16.00) per ton for all permissible waste
at LANDFILL FACITLITY. During the term of this contract, BANMR agrees W empty
five thousand, two hundred (5,200) tons of
at LANDFILL. FACILITY no less than eigtkeen thwsarmtr-thirteen{{QmGRB)-to,a e€
persuasible waste. It i5 acknowledged and agreed to by the parties hereto, that
SERF, in its operation of LANDFILL FACILITY, bas relied upon sairepresentation
of BANWR that no less than said waste will be emptied during Lh 1 term of this
contract, and therefore, MWR agrees to pay to SERF Sixteen Dollars ($16.00) per
five thousand
tan for each too not emptied at LANDFILL FACILITY that is less than eighbeen
two hundred (5,200). tonsil„{,
tt soared-bhirtemii8p0}31-ESS Any balance due hereunder shall be paid to
SERF by the tenth day of the month succeeding the termination of this agreement.
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4. TERMS OF PAYMENT: At the end of each caierdar month, during the .
taro of this agreement, SERF x111 flnnlsh all weight slips for waste disposited
in LANDFILL FACILITY to BANGOR forsaid Month, together with a statement for
services, and BANGOR agrees to make payment thereof to SERF within _ ted days
Of the invoice date throughout. the term of this agreement.
5. INDFIMIFICATION: EARWR agrees to indemnify ant forever' -
hold harmless SERF fron and against all claims of whatmw nature
arising fret any act, wdssim or negligence of BANGOR or BARWR's
contractors, licensees, agenta, servants Or employees, arising-
from shy accident, injury or damage whatsoever muse to any person"
Or to the property of day parson, including, but not-11Mted ty, -
ary unauthorized. disposal of basaMam or spacial waste asheretofore-
4aUserated, where such accident, dtiage or injury results. or is
claimed to have resulted from arq, act m omission on the part of BANGOR
Or BRNWR's Contractors, licensees, agents, servants or employees.
This Indemnification. and hold harmless agmeoent shall include
iMematy against all Costs, expenseet. fees, And liabilities in
ar in cormection with any such claim w Proceeding brought therem
in a defense thereof.
6. CUARAA : Whereas BANGOR is. charging
privately wined garbage and rubbish Mulers for disposal _services
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and BANGOR, is desirous. of SERF billing such private haulers
directly; now, therefore, as an inducement to SERF executing this
Agreement, BANGOR hereby guarantees the payment of all SERF
invoices which are 90 days past due which base arisen from
services rendered, all as hereinafter provided, in the LANDFILL
FACILITY for individuals aMlw firms operating &ANGOR-authorizetl
garbage and rubbish Hauling trucks wlthinthe City of Bangor.
All permissible waste, as heretofore defined, generated frwi
coMoMialfacilities located with the bousaries of the City
or Banger ant hauled to the LANCFJ.L tACie.I'T'Y uy EANWF-authorizW
garbage and rubbish hauling trucks shall be accepted by SERF. -
SERF shall require all such private haulers to pay for disposal
at said LANDFILL FACILITY at a rate of sixteen dollars ($16.W) per too.
SERF shall be permitted to extend credit to such haulers In accordance
with its regular credit policies. In the event that any such
hauler fails to pay, within 60 days oP receipt tbemsdit any
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invoices subaitted by SERF, SERF thereafter shall not extend any
more credit with respect thereto and shall refuse to accept fraa
said private hauler anymore garbage or rubbish from conmerclal
facilities located withlnthe City of Bangor. In addition, SERF -
will use reworable efforts, exclusive of canaeneement oP legal
action, to collect all said charges within 30 days thereafter..
'In the event such charges revain unpaid, SERF shall than notify'
BANGOR of said deficiency. Said notice shall he addressed to City -
Manager, 73 Harlow Street; Bangor, Maine 04401. Within 30 days - -
after receipt of said notice,. BANWR shall reassume SERF. for -
any of such lasses. -
Until SERF is notified by the City Manager that said charges have been
paid in full, BMUOR shall not be responsible for any additional extensions
of credit to such private hauler. If after SERP is reimbursed by RANCOR
for any of ,such lasses awl SERF receives peymsnt Rao private hauler on
the account that has been reimbursed by BANGOR, SRRF shall turn over to
BANGOR such duplicate payment within 10 days of receipt thereof..
This is a continuing guarantee and by this instruent BANGOR guarantees
the praipt payment Of any and all indebtedness which my hereafter accrue
without first requiring SERF to pursue any add all remedies at law or in
Nulty against said Individuals and/on firms.
7. RULES AND RECULATIONS: MOOR agrees to cOnfOrm to such rules
and regulations which SERF my establish fron time to time which may he
beneficial for the efficient and/pr safe use of LANDFILL FACILITY in accordance
with the tenor of this Agreement. By execution of this Agreement, MOOR
acknowledges receipt of such SERF rules and regulations presently in effect.
Any further rules and regulations that W be prawlgated present to this
section shall he provided by SERF to BANGOR in writing ten (10)
days prior to enactment, with bk=R acknowledging receipt of notice of _
same in writing by its undersigned representative or successor. SERF reserves
the right to refuse entry to LANDFILL FACILITY to any vehicle not cavplying
with the rules and regulations..' _
8. TERMINATION: If in the event the State of Maine Department of
Environmental Protection and/or the United States F]rvlroucental Protection
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Agency and/or other state, federal or municipal agency or authority or sub-
division thereof restrict, licit or qualify SERF•s ability to operate LANDFILL
FACILITY, this Agreeement may, at the option of SERF, terminate without SERF
being liable to BANGOR for any damages arising therefrom.
9. ARBITRATION: Any dispute, claim or grievance between the parties
hereto shall be submitted to a. board. of three (3) arbitrators, one of Whom
shall be cased byeachof the parties hereto and the thud shall pa appointed
by the two so named. All hearings shall be held in Penobscot County. The
arbitrators shall expeditiously evaluate such dispute, claim or grievance,
in accordance with 14 M.R.S.A.0 Sec. 5927 et seq., and return an award in
writing within a reasonable time,signed by at least two of Me arbitrators,
which the parties hereto agree shall he binding and which may be entered
in the Penobscot County Superior Court..
10. DEFAULTS AND REMEDIES: If BANGOR fails to comply with any teen,.,
covenant, condition or obligation contained in this Agreement or if BAAMR
commits any act of bankruptcy, or if bankruptcy proceedings are commenced
by or against BANGOR, than SERF may, at its option, terminate all the rights
of BANGOR hereunder by written notice to BANGOR, and SERF shall be entitled
to exercise all redwdies provided. in this Agreement. _
11. FORCE M EURE: it is mutually agreed by the parties hereto that
SERF shall be excused from the provisions and performance of this Agreement
for such period of time as performance of this Agreement is prevented by
tire, flood,act of God, shortage of parer, strike, insurrection or mob
violence or other' causes beyond the. control of SERF.
12.ASS�:- This Agreement may not be, assigned by BANGOR without
Me express written consent of SERF.
P. SEPARABILITY CLAUSE: If any Provision or a portion of this Agreement
or application thereto to and party hereto, person, and/or circumstances
shall be'he� invalid„ then, the remainder of chis Agreement or the remeinder
of such prMsion and the application thereof toany party hereto, person,
and/or circumstances shall hot be thereby affected.
14. WAIVER: The waiver of any breach of any tem, condition, covenant',
obligation and/or agreement contained herein shall not be construed as a -
waiver of that or any other term, condition, covenant, obligation and/or
agreement, or of any subsequent breach thereof.
15. ENTIRE'AGREEME T: This Agreement, with the exception of rules
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and regulations Much may be established from time to time as aforesaid,
constitutes the entire agreement ban between the parties hereto. All under-
standings heretofore bad between the parties hereto are merged in this Agree-
ment, which ahem fully and completely expresses their agreement, neither party
relying upon any statement or representation not embodied in this Agreement
oade by the other.
M. NIAIM EFFECT: this Agreement shall be bidding upon the parties
hereto and their respective successors or assigns, as may he provided herein.
IN WITNESS WNEREOF, the parties hereto have hereunto caused the signatures
and seals a the respective parties to be hereto affixed, SERF by. its President,
Waldron E. Sawyer, Jr., duly authorized, and BANGOR. by its City M¢nager,
Sohn W. Flynn , duly authorized hereunto.
Signed, Sealed add Delivered SAWYER ENVIROMWAL REOD ERY
/- in Presence oof: FACILITIM,, ZINC.
J(B Ol�1L�.lC f5if/ Amo" by: G .
V/I Its President
CITY OF94-
Its y Manager
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