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Home My Public Portal Aboutr 06:306 ~{£gollttto:t1 üf tl1£ ~orolt£4 of QIarhrd, ~ ~ j} ~ #06-306 OM. of Adlption November 21, 2006 - No. I AUTIIORTZING AGREEMENT WITH THE MIDDLESE ~ COUNTY UTILITIES AUTHORITY FOR SOLID WASTE DlS OSAL WHEREAS, the Borough of Carteret is in receipt of an agrc ment with the Middlesex County Utilities Authority (MCUA) for solid waste dis osal; and WHEREAS, specifically, the MCUA rate for Acceptable Soli, Waste (ASW) shaH be $52.00 per ton (2007), $54.00 per ton (2008) and $55.00 1 er ton (2009); WHEREAS, it is the best interest of the Borough of Carteret 0 authorize the execution a three (3) year Solid Waste Disposal Agreement; NOW, THEREFORE, BE IT RESOLVED that the Mayor of the Borough of Ca¡1eret is hereby authorized execute said agreement with the MCµA on behalf of the Borough. Adopted this 2151 day of Nov mber, 2006 And certificd as a true copy 0 the Original on November 22, 20 6. .- LINDA A. RIVERA Assistant Municipal Cler - RECORD OF COtlNCIL VOTE x NAPlES RIOS <;ITARZ YES NO NV A~ X NO NV A.B. COllNr:ILMAN COllNr:ILMAN X v x _ Indicate Vole AS _ Absent NV - Not Voting XOR - Indicates Vote t Overrule Veto .- Adopted at a meeting of the MunicIpal Council November 21. 2006 (~~___lf7 &~ ;--'7 CLERK ~~, ~."~O . ¡/ _ _ ,~, \,OJ(.NC~ MIDDLESEX COUNTY UTILlTIËS AUiHORII'i - 0 ------ MAIN OFFICES: 2571 MAIN STREET. pO. BOX 159 . SAYREVIL E. NJ OBB7Z-0 159 (732) 721-3800 FAX: (7321 7 1-0206 MIDDL.ESEX COUNTY LANDFIL. OFFICE: 53 EDGEBORO ROAD. EAST BRUNSWICK NJ OBB 16-1636 (732) 246-4313 FAX: (32) 46-8846 ~, RICHARD 1.... FITAt..1ANT, EXECUTIVE DIRECTOR MARGARET M_ BRENNAN, COMPTROLLER DONATO J_ TANZI, WASTEWATER DIVLSION PAUL T. CLARK, SOI...lO WASTE DIVISION JOHN A_ HILA, ESQ., COUNSEL November 6, 006 Mayor Daniel J. Reiman Borough of Carteret 61 Cooke Avenue Carteret, NJ 07008 Dear Mayor Reiman: In 1998, tho Middl"" County Uriliri" Authority ("MC A'I iniriatod a p<og<am whkh off"od redoeod tipping f,,, at th, Middl"" County L",dfill ("Landfi n fot tho di,po,"l of Aecoptable Solid W"" ("ASW") to oo,tom'" who on"tod ioto a \htoe (3) ye Solid W"" Oi,po,'¡ Agreemont with the MCUA. The ptog<am ofrored a ,igni"o"'t pot ton' vin"" \0 th, MCUA', ,u"ome" ",d Middlesex County residents, The pu,!,o" ofthi, !e"'" i, to off'" the Bo<ough of C""" t a ",nti noation of thi, p<o",am in light or the expitarioo of the Bomogh', ,mlOnt Solid Wa'" Di, ,"1 Agre,m,nt on D,comb'" 31, 2006. Und'" tho new thœo.yc'" Solid W"-''' Di,po,"1 Agteeme , th, MCUA i, offering th, ¡üllowing di,,,,onlOd di,po,'¡ ,,"" ,,>< ASW, $52.00 P'" ton (2007), 54.00 (2008) ",d $55.00 (2009). Th'" rates are significantly lower than neighboring facilities. In otd" to t""e ad,,,,tag' ofth"o ta"', tho MCUA i, ,king each town to ont" into a now Solid W"" Di'po,al Agtoemont, a oopy ofwhioh i, attaoh,d, w oh would g""","e th'" ta"'· Th, now Solid Wa'" Di,po,"l Agteemont mu" b, fonnally aplmtv by yout gov"ning body ",d retmo,d to th, MCUA by Monday, Deeomb" 11,2006 in otd" to b, ffotdod tho ",ntt.d tale ,ff"ti" ¡",uary 1,2007. Sub"quen\ \0 appmval by tho munidp.lity, tho M UA Bo",d o'Commi"ion,,' will appm" th, Agtoem,nt at thdt n"t regul",ly "hoduled mectin. Nn Agreements will b, ",,'aptod aft" Dooomb" 31, 2006. Muni,ip'¡ities, ",dlot \hdt oonttaO" baul"'" fot ,olid w"-,,, temoval ",,,,icos mu,t be in full wmpli"," witb th, Middlore, County S lid Waste Management Ptan in oroer to b; ehglble for the new Solid Waste Disposal Agreement r the period of January 1 2007 thr h Do"mb" 3 \, 2009. ' oug The new Solid Waste D' 1 A ' m ", 1 1 ' lSposa greement mandate that m order to receive these savings the umclpa control ed portlOn of the ASW m b " , avemg' yeody ,""O"nt b~'<Od on yO"' muni u,t r~ ,m"'. t"'.~od at a level of 85% or greate! of the go"'.'dntood amoon' m",t be in"rtod in th "pa r y '. h "oneal di,po,'¡ pmdiœ, fot M,W Thi, Und" tb, new Solid W",IO Di,poeat A' ,paoe provrd in "'mgtaph 5 of tho attach,d Agt;,mont to_go ,""o"nt 0'"' tbat ,et forth . gtet"~ent, the CUA may limit "'y inom"'e to the heo; In your expmng Agree ent MIDDLESEX COUNTY UTILITIES AUTHORITY Mayor Reiman Page 2 of2 November 6, 2006 Those entities that choose not to enter into the new Agreem t will pay a spot market rate for disposal of their waste which for calendar year 2006 is $58.00 per on and will increase to $64.00 per ton in 2007, For your review, I have enclosed a chart which identifies the ount of waste disposed of by the Borough of Carteret during the last two and three quarter (2 %) ye s (1/1/04 - 9/30/06). Please note that this chart shows only the ASW brought to the Middlesex Co nty Landfill. You may notice that these tonnage amounts may be lower than past years. This is be ause the new Agreement does not include ill 13 waste types (Bulky/Construction and Demolition wa te), The exclusion of this waste is necessary to promote recycling efforts in the County and discourage the disposal of out of county waste at the Landfill. I believe this plan is comprehensive, cost effective and enable the Middlesex County Landfill to provide sustained disposal capacity for your residents. Please feel free to contact me with any questions you may have regarding this important issue. , / / Richard L Fit ant Executive Dire tor RLF/jg Enclosure MCUA SOLID WASTE DISPOSAL ¡. \GREEMENT CARTERET ACCEPTABLE SOLID WASTE (ASW) HISTOR TONNAGE (EXCLUDES ID 13 WASTE TYPE) 2006 2004 2005 THRU 9/30/06 11,470 10,943 8,618 1013 WASTE HISTORY TON NAGE (NOT TO BE INCLUDED IN NEW AGREE MENT) 2006 2004 2005 THRU 9/30/06 169 254 233 YOUR ANNUAL DELIVERY OBLIGATION UNDER THE C ~URRENT AGREEMENT IS 10,000 TONS SOLID WASTE DISPOSlù, AGREE (COU1\"TY GOVERJ\1MEt\Tf AND MUNIC THIS AGREEMENT, made this ? 1 '" t day of , 2006 bel'Neen the MJDDLESEX COUNTY UTILITIES AUTHORITY (the "MCUA" 0 "Party"), a body corporate and politic of the Stp,te of Ne~ Jersf'Y, hcvin,.g its prjncipal offices at Main treet, Ex,tensiîll, Sayreville, New Jersey, 08872, añ¡PC~¥ter¡h (!bê "PUblic Entity" or "Party"), a __Hlfr8~R¥1 ;'!' of the State of New Jersey, havIDg pnnclpal offices at 61 Cooke Avenue 'Garteret· New Jersey Collectively, the MCUA and the Public Entity are referred to herein as th "Parties," RECTI ALS WHEREAS, the MCUA owns and operates a state of the a LandfIll facility located in East Brunsviick, Middlesex County, commonly known as the Middlesex Coun LandfIll (the "Landñll"); and \VHEREAS, the Public Entity desires to dispose of its Accep ble Solid Waste CASW") at the Landfill; and \VHEREAS, the Parties have negotiated favorable terms and c nditions regarding the delivery by the Public Entity of ASW and the disposal thereof by the MCUA all as p ovided herein; NOW, THEREFORE, in consideration of the mutual promise contained in this Agreement, the MCUA and the Public Entity mutually agree as follows: L The MCUA will accept for disposal from the Public E tity ASW which shall only include that solid waste which (a) the Public Entity collects and transports, or as collected and transported on its behalf, (b) is generated within Middlesex County, (c) does not includ any ill 13 waste types, and (d) is authorized for disposal at the Landfill pmsuant to Applicable La and the MCUA's Policies and Procedmes (the "P&P") attached hereto as Exhibit A and incorporated h rein, as either may be revised from time to time by the MCUA. The Public Entity shall at all times during e te= Df this Agreement comply with the P&P and the Middlesex County Solid Waste Management Plan and shall require any of its Contracted Haulers to be in compliance 'with same 2, The MCUA agrees to operate and maintain the Lan fill in accordance ,,>ith Applicable Law. 3. The MCUA shall charge the Public Entity and the P blic Entity shall pay to the MCUA !be Contract Rate, as defIDed herein, for each ton of ASW, as measmed at !be Landfill scales, subject to !be tonnage limit set forth in paragraph 5 below. The Contract Rate shall e $52,00 per ton of ASW in 2007, $54,00 per ton of ASW in 2008, and $55.00 per ton of ASW in 20 9, The Contract Rate includes all charges on account of regulatory or o!ber taxes or charges which may e imposed on !be MCUA as of !be date of this Contract. The MCUA reserves the right to adjust rate in the case of new or increased regulatory charges or taxes imposed on MCUA during !be te= of this ontract. 4, The te= of this Agreement shall commence on Jan ,1,2007 and shall continue in full force and effect until the expiration of December 31, 2009, /?-ð~ -3òÞ 5, The Public Entity agTees to cause all of the Middlese County-generated ASW collected and transported by it or on its behalf to be transported 0 the Landfill for disposal, and the Public Entity further agrees not to deliver to the Lan 111 for disposal any waste which is not ASW as defined in paragTaph 1 above (herein de ed as ''Unacceptable Solid Waste" or "USW"). The Public Entity shall be responsible for any USW delivered by it in accordance with the MCUA's Polícies and Procedures The ArulUal Delivery Obligation ("ADO") of the Municipality shall be at least 85% of e average of the annual tonnage of ASW delivered by the Municipality during 2004 and 005 (see attached chart), which is 1 0 000 tons. The Public Entity shall be permitted to deliver ASW to the Landfill for disposal at the Contract Rate up to a maximum tonn ge equal to the total of the ADO plus 15% of the ADO (such total hereinafter referred 0 as the "Maximum ADO"), Any ASW above the Maximum ADO delivered by or on beha1f of the Public Entity to the Landfill for disposal shall be charged the MCUA's egular Rate for ASW, un1ess the Public Entity submits a request to the MCUA for an lternate discount Contract Rate in advance of an exceedance thereof, and the Publi Entity submits sufficient proof satisfying the MCUA that the excess ASW above the Maximum ADO is the result of an increase in ASW generated by the Public Entity or ts constituents, or the result of an increase in the number of constituents served by the ublic Entity, If at the end of any calendar year during the term of this AgTeement, the ublic Entity has not met 85% of its ADO, and assuming the Public Entity is otherwise cent on its Nyments to the MCUA pursuant to this AgTeement, the Public Entity shall p y to the Mc1JA the product of the shortfal1 in its ADO multiplied by the applicable year' contract rate as foHows: EXAMPLE: Since in 2004 and 2005 the Municipality deli ered an average of 10,000 tons of ASW, the Annual Delivery Obligation is: 85% x 10,000 tons = 8,500 tons, If at the end of any calendar year, the Munic' tons of ASW, which is 200 tons less than its ual Delívery Obligation, the Municipality sha1l owe the MCUA the differ nce: 200 tons x $52,00 per ton or $10,400, 6. In the event that either the MCUA or the Public Enti ,as the case may be, fails to fulfil1 a material obligation requiIed by this Agreement (the "Defaulting P rty"), the other Party (the "Non- Defaulting Party") sha1l provide notice therefore to the Defaulting Pa and an opportunity to cure which is reasonable under the circumstances then existing, In the absence of a ure or efforts to commence cure, as appropriate, the Non-Defaulting party may deliver to the Defaulting P rty a Notice of Termination hereof, not to be effective sooner than the 15th business day thereafter. 7, Each Party agTees to indemnify and hold harmless ( nd, upon request, defend), the other from and against any "Losses" arising out of or in connection 'with ny failure to fulf1ll their respective obligations set forth in this AgTeement, or any actions pursuant to . s Agœement, to the fu1lest extent pemritted by Applicable Law, For purposes of this Agreement, "Lo ses" means and includes any and all loss, expense, damage, injury, claim, demand, liability, judgment, aw rd or settlement asserted, suffered or sustained by a Party to this Agreement. This indemnity obligati n of each Party shall survive any termination or expiration of this Agreement, 8_ Either Party shall be excused from any failure to perfo= as required herein to the extent caused by an Uncontrollable Circumstance ("UC"). An UC is any event e cause of which is beyond the contTOl and without the fault of the Party alleging the occurrence of an UC excusing that Party from performance, The Parties agree to cooperate in order to eliminate said UC, by providing prompt and complete notice to the other thereof, as is reasonable under the circumstanc s, and by taking action which is reasonably appropriate in response thereto, as each Party may in its sol discretion and in good faith determine, 9, Any disputes arising in connection with this Agreement hall be resolved by a court of competent jurisdiction located within the County of Middlesex, State f New Jersey and each Party consents to the jurisdiction of such court. The Public Entity agrees that s rvice of process on the Public Entity may be made, at the option of the MCUA, either by registered or ce . led mail Dr overnight delivery addressed to the applicable office as provided for in this Agreement, y registered or certified mail, overnight delivery or by personal delivery on the agent of the Public E tity identified in paragraph 17 below, 10, During the pendency of any dispute, the Parties shall con ue to perfonn their obligations set forth herein unless this Agreement shall be terminated, The foregoing n twithstanding, the Public Entity agrees to promptly pay to the MCUA any sums due which are not in dispute 11. As used in this Agreement, "Applicable Law" means a y federal, state, county or local statute, ordinance, regulation, ruling, order, enactment, requirement, pe 't, approval or authorization of any Government Agency (which includes any regional, federal, state or 10c 1 court, adpllnistrative agency or governmental office, officer or body, including any federal, state or local 1 gislative body, court or tribunal, having jurisdiction over the Parties), with which the MCUA or the Public ntity, as the case may be, must comply in connection with the perfonnance of their respective obligations der this Agreement, However, Applicable Law shall not include any law of the Public Entity which has purpose or effect of frustrating the intent of this Agreement or interfering with the ability of the Public ntity or the MCUA, as the case may be, to fulfill its respective obligations hereunder. 12, The Parties hereto acknowledge that each is independ nt of the other and as such, is wholly responsible for methods and means to be utilized to fulfill i s obligations contained in this Agreement. Nothing herein shall create any responsibility other than thaI hich is expressly provided by or reasonably inferable from the terms of this Agreement. No provision of's agreement shall be deemed tD constitute either Party a partner, agent or legal representative of the othe Party or to create any fiduciary relationship between the Parties, Both parties represent that they posses the legal authority to enter intD this Agreement and that the individual signing this Agreement has the au ority to bind the Party for which he or she is signing, )3, Nothing contained in this Agreement is intended to cre te any rights for or to otherwise benefit any parties other than the Parties to this Agreement, To the ext nt possible, the Parties agree to cooperate to defend against any actions which may be brought against ei er of them by persons not parties to this Agreement. 14, The Parties shall in good faith consult and cooperate wi each other, in every reasonable respect, regarding contacts or communications with any Governmental Agency which may impact in a material way any rights or obligations of either of them 15. Each Party agrees to take all actions, including but not limited to the execution of documents, which are Decessary or reasonably required or requested in order to fulfill the intent of this Agreement, and to ensure its full force and effect. The foregoing no thstanding, Deither Party shall be required to perfo= any act which modifies in any respect the obligatio assumed or imposed upon it by this AgTeement and the transaction which it reflects. 16, Except as expressly provided herein, the failure of eith the MCUA or the Public Entity to enforce at any time any provision of this Agreement or to require at an time performance by the other of any of the provisions hereof, shall not be construed as a waiver of such pr vision and shall not, in any way, affect the validity of this Agreement or any provision hereof. This Agree ent shall be governed bv the laws Dfthe State of New Jersey and shall for all purposes be enforced in accor nce therev.'ith, - 17, As soon as practicable, either Party shall provide notic pursuant to Paragraph 17 hereof of any conditions or circumstances Df which it becomes aware whi h may materially impact upon obligations assumed by either Party hereunder. 18. Any ambiguity in this Agreement sball be resolved in favor of the most reasonable interpretation in light of the context of the provision, its purpose d its conformity to the other requirements of this Agreemenl and Applicable Law, This Agreemen having been prepared with the participation of the Parties hereto and their respective counsel, shall b construed without regard to any preswnption or other rule requiring construction against the Party who pr pared or drafted the instrument. 19, Each Party acknowledges that it is an equal opp rtunity employer and shall not discriminate against any employee or applicant for employment becau e of race, creed, sex or national ori"gin, Each Party agrees to comply with all Applicable Laws regardin non-discrimination including but not limited to the affIrmative action requirements ofP.L. 1975, C127 a d the rules and regulations issued by the Treasurer, State of New Jersey (hereinafter the "Treasurer") p snant thereto, The Parties to this Agreement agree to comply with P,L. 1975, c,127 and incorporate he ein Exhibit B which contains the mandatory language promulgated by the Treasurer of the State of New ersey set for1;h in N,J.A.C 17:27- 3.4(a) and N,JAC 17:27-5,3, , 20, If any provision of this Agreement shall be held or deemed to be or shall in fact be inoperative or unenforceable because it conflicts with any other provi ion or provisions hereof or of any Applicable Law or public policy, or for any Dther reason, such circ tances shall not have the effect of rendering the provision in question inoperative or unenforceable in an other case or circumstances, or of rendering any other provision(s) herein invalid, inoperative, or unem rceab1e to any extent whatsoever. The invalidity or anyone or more phrases, sentences, clauses, sec' ons or articles contained in this Agreement shall not affect the remaining portions of this Agreement or any part hereof and same shall remain in effect and be ful1y enforceable. 21, This Agreement shal1 not be changed, modified or amended except by a written agreement which is executed by both Parties, 22, This Agreement may be signed in two or more orig' a1 counterparts, each of which shall be deemed to be an original hereof but all of which shall constitute one nd the same instrument. 23, This Agreement shall not be assigned by either Party, 24, No official, employee or agent of the MCUA or the Public Entity shal1 be charged by a Party hereto \vith any individual or personal liability or expenses of d fense or be held personally liable to either of them in connection viith (i) any term or provision of this Agr ement; (ii) either the Public Entity's execution or attempted execution, or the MCUA's execution or atte ted execution of this Agreement; or (iü) a breach of this Agreement which occurs within the scope of any s ch offIcial's responsibilities, 25, shall be in Mayor aoove, Notices, reports and other communications require writing and transmitted to the Executive Director 0 of the Public Entity, as the case may be, at the' or permitted under this agreement behalf of the MCUA and to the respective addresses first identified 26, This Agreement and its Exbibjts embody ilie complet agreement of ilie Parties hereto and shall supersede all previous and contemporary oral or written \!feements, discussions or oilier co=unicatiollS- IN WITNESS WHEREOF, the Parties have caused this A eement to be executed by their duly authorized representatives on the date first above writte ATTEST: ;;¡¡~~ KATHLEEN M. BARNEY Registered Municipal Clerk MIDDLESEX C Y UTILITIES AUTHORITY By: RICHARD L. TAMANT, P,E, Executive Dire tor