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City of Poughkeepsie . I ".,', l ,\',~.~ . , . I, " .' ,~"'w~ I I I:' I, I ,'" '. ~., . / ! ,. if i ~ . ~~ - . - 1:~-' >;<' .~ l ~. f )" '. I . ~ 1 " ~ " il I \ , . ~I I ! I I ! 1 : 'I AGREEMENT I II :i THIS AGREEMENT between the Incorporated Village of wapPiagers:\ I' I Falls; the Town of Wappinger, the Town of Poughkeepsie and the I I . I ~ City of Po~ghkeepsie WITNESSETH THAT: } ." : WHEREAS the Town of Wappinger and the Village of Wappingers jl Falls have ~nteredin:to laleas'e W'ith the County of Dutchess pur- l I , \ . '"\ " \ ~~' " I suant to which they are conducting a sanitary landfill operation I Ion 55.3 acres on the west side of Route 376 and at the northerly ; !, boundary of the Dutchess County Airport and II WHEREAS the City of Poughkeepsie and the Town pf Poughkeepsie !I having abandoned the proposed City-Town Joint Incinerator Project I I, H II created byA~reement dated December 16th, 1963 as modified by I Agreement dated'September 26, 1966 and intending to terminate ~ I their joint sa~itary landfill in the Town of Poughkeepsie within I' the near future desires to participate in the landfill operation I at the Cdunty Airport site. I II II 111. AUTHORITY. This agreement is made pursuant to Article II 5G of the General Municipal Law of the State of New.York. II ' " " ". , II 2. PURPOSE. The purpose of this agreemen~ is to outline i the method of operation of a joint sanitary landfill operation~ I tota11ocate responsibility for such operation and to provide a ! method for joint financing and sharing of the cost of the operatio I which is reasonable and fair to all parties. I I q 'I 3. T~RM. This agreement shall remain in effect for it Five ~ (5) years from the date hereof unless earlier modified or P terminated byt:igreement of all p,at:tie,s. " I) 4. RE'NT. The obligat:ion f'or t;he payment o,fre,nt to \ II Dutchess Cpunty shall be the responsibility of each of the parties. II , I Ii 5 TITLE The joint project shall be called the POUGH- I "I KEEPSIE WAPPINGERS JOINT LANDFILL PROJECT. I d I "iI I :1 I . (, \,\ I il II n, ~ '4- t ..~ ~" . t -:f. J :t - :;l:. " ;i ~+ -"'1 " '~ f ., J ,,\ ....;. ,,' t ";c -, ,'i j; ,".. ;~ .{ f, it .,~ 4';;- (.. i 1;i "t l NOW THEREFORE IT IS MUTUALLY AGREED AS FOLLOWS: ... Tllrrr - .. l' /"." 6. ADMINISTRATION. Responsibility for the opera- ! tion of the project shall lie with a board consisting of the Mayot of the Village of Wappingers Falls, the Su~ervisors of the Towns II' of Wappinger and Poughkeepsie and the City Manager of the City of Poughkeepsie. They shall serve without payment and shall be re- ! sponsible for the establishment of appropriate rules and regula- ! tions for the operation of the site; for the hiring and discharge i of employees; for the purchase of necessary materials and equip- : ment; for the preparation and submission for approval of an annua~ budget; for the collection of all fees and the payment of all I expen. ses; and for all other matters necessary and proper for the \ purpose of carrying out this Agreement. The Board shall meet monthly and review a~l bills .for payment. There shall be a year11 audit of the book~ and accounts of the Joint Landfill Project by an independent auditing firm. . . 7. FINANCES. The chief fiscal officer for I the project shall be the pommissioner of Finance of the City of . Poughkeepsie who shall be responsible to the governing board for the submission of budget estimates each year on or before October :1 1st; for the collection of all accounts receivable and for the 1\ payment of all accounts payable. He shall segregate the funds of I :',' the project from other funds in his custody and shall keep separat'F : and complete records with respect to all financial transactions i :1 concerning the project. The City shall be reimbursed for the I " cost of this service at a rate to be determined by the governing \ II board. The Commissioner of Finance of the City of Poughkeepsie I i is hereby author~zed to approve for payment vouchers for purchasesl i and expenditures approved by the governing board. The books and I accounts shall be maintained in conformity with the uniform sys- I ! tern of accounts for cities as prescribed by the New York State I j Department of Audit and Control. ! I I . ' Is. SERVICES AND RATES. Because the City of poughkeepsi~ I and the Village of Wappingers Falls are the only parties having a ! I municipally operated refuse collection system and because it is I determined impractical and expensive to determine the town of \1 origin of material delivered to the project by private garbage and refuse collectors, the parties agree that a charge shall be imade for refuse delivered to the project at the following rates !which may be increased, decreased or modified in any way by the I governing board. . II $3.00 per ton for all trucks, including pickup trucks; minimum charge for any I truck $2.00. !It is agreed that the operation of the Joint Ibe self sustaining and no municipality shall jsidize the operation thereof. j \9. COLLECTIONS AND SECURITY FOR PAYMENT. The fiscal officer \ shall bill each municipal and private refuse collection agency on the basis of the tons delivered to the project. Any private Irefuse agency shall be required to execute an agreement with the !governing b9ard and deposit as security in cash an amount equiva- 11ent to the estimated average monthly billing for such agency. 3 ,~ I J ~ : ~ .,1 .~ ~: 1~1 ~ I I I I I I I Landfill Project shalt be required to sub- ; I !,J L10.INITIAL OPERATING EXPENSES. The intia1 operation expenses Ifor the first two months of joint operation have been calculated jat $20,000 of which each of the parties shall deposit with the I I , I i i I -;-:".."..:-.""":'-:--~ ~ .,{' , ~ .. , " I ,. i ! .; .; ~ , f ~, j:,,,: , ;0.-'1 t "'-~ . .'., " II II -- \ 1= II I I l I fiscal officer on the signing of this agreement amounts based on I the following percentages: I II TOWN OF POUGHKEEPSIE 47.0208% II CITY OF POUGHKEEPSIE 33.6898% I TOWN OF WAPPINGERS 15.3728% . VILLAGE OF WAPPINGERS FALLS 3.9166% I 11. RENTAL AND PURCHASE OF MATERIALS AND EQUIPMENT. The govern- ;1 ing board shall make necessary purchases of materials and equip- !,ment and shall be authorized to rent ~quipment for the operation llof the project, and for these purposes shall have the rate subject I, to applicable laws and regu\ations, to make contracts. Purchases Imade by the governing board through such bidding shall be utili- I II zing the services of the bO~Fd of contract and supply of the City 1 Ii of Poughkeepsie. 1 1112. CAPITAL EXPENDITURES. Capital expenditures shall be i II financed separately by each of the parties hereto. It is intended ; II that the heavy equipment necessary to operate the project shall be 1 !lrented by the Joint project, and the remaining capital expenditure~ ' 11 for the project are estimated to be FORTY THOUSAND ($40,000) DOLLAfS :\ allocated as follows: I II I Ie Improvements now at site $ 6,200.00 II Pickup Truck 3,500.00 \ ' If Gatehouse, including weigh- I ' ii, I, ing scale and counter- \ ~ calculator 20,000.00 ",ii,' Road Work 10,300.00 (' I $40,000.00 II Each of the parties shall, upon the signing of this agreement, :1'., pdeposit with the fiscal officer its proportional part of the total !ICaPital expenditures. The Town of Wappingers shall be reimbursed I hfor improvements now at the site in the sum of SIX THOUSAND TWO l!HUNDRED ($6,200.00) DOLLARS upon the signing of this agreement. IIEach of the parties shall, upon the signing of this agreement, de-I ,;posit with the fiscal officer, a proportional part of the total ' I!expenditures calculated by using the percentages specified in 1\ paragraph ten above. The Town of Wappinger shall be reimbursed nfor improvements now at the site in the sum of $6,200.00 upon dthe signing of this agreement. r I !13. EMPLOYEES. The governing board shall have \ !the authority to hire and discharge such persons as may be necessa~y Ifor the proper operation of the project, subject to applicable I HCivil Service Laws, rules and regulations. Such employees shall b~ ,subject to Article 18 of the General Municipal Law with respect \ Ito conflicts of interest and employees handling funds shall be \ ibonded in an amount determined by the governing board. The quali-i ifications of the Superintendent of the project shall be subject toi :review and approval by the Dutchess County Health Department. The; :governing board shall have the authority to establish rules regard~ ingterms and conditions of employment, rates of pay, sick leave, ! vacations, hours of work and employee benefits. Employees of the I Joint Landfill shall, for the purposes of retirement, Social I I I I i - "=;-~ ~ , , J~ '.. l .. ~ ,~ - ~' .. 'r , .- ~ " ,,~ ~.' :'<!~;::-~. .;,.. .. .'- >\ii'. 1. ~, I I -. II II I ! Security, Workmen's Compensation, Health and Hospital Insurance I Coverage, Civil Service, payroll and other related problems of I joint employment, be deemed to be employees of the City of Pough- I, keepsie and the City of Poughkeepsie shall be reimbursed for any d additional costs to it by reason of this provision. I II 14. LIABILITY The fiscal officer shall procurl II and maintain a policy of liability insurance which shall protect I each of the parties in the amounts and to the extent required ! by the agreement of lease with Dutchess County. To the extent I that the parties may incur any liability over and above such amoun i each of the parties hereby agrees to indemnify and hold the County I of Dutchess and each of the qther parties, harmless in the propor- tions fixed at paragrahp 10. . " "1 . I 15. RIGHTS UPON TERMINATION ~F THIS AGREEMENT OR UPON TERMINATIONl !Imonths prior to the expiration of this agreement and of any renewa 4 ill,thereof, the governing ooard will meet to consider renewal of the I agreement and the need for the acquisition of a new site. Upon II. termination of this agreement for any reason or upon termination \ ).....!.. ;iof the lease agreement, in the event that an agreement cannot be 11 Ii reached between the partie s, the equipment shall be put up for sal~ ~ If at public auction pursuant to terms to be established by the govern- .. iiing board, and the proceeds of such sale shall be refunded to the i J Ii parties to the agreement in the percentages specified in paragraph ,~ :110 above. Title to personal property purchased by the Joint t ;lproject shall be taken in the name of the City of Poughkeepsie as 1 I custodian for the Poughkeepsie-Wappinger Joint Landfill Project. , , i 116 . ARBITRATION. The parties agree that in the llevent that disputes arise with respect to the operation of this i project of the terms and provisions of this Agreement, any such lldispute shall be submitted to arbitration pursuant to Article 75 dof the Civil Practice Laws and Rules. il II IN WITNESS WHEREOF the parties have executed this agreement ! on'the 19th day of January, 1970. i VILLAGE OF WAPPINGERS FALLS i by: I - MAYOR ,I TOWN OF WAPPINGER , by: I I II I I I I , I I II I \" I I I , i: ~' l l . 'l! t . " ~ SUPERVISOR TOWN OF POUGHKEEPSIE by: SUPERVISOR CITY OF POUGHKEEPSIE by: CITY MANAGER " ~ .t t "~ I .~ c. . 'C:':;J:'~T-'8'. ....:.. .. "",,: ,...~. .." ,.,.. .... .. ", ' it.l.. f "~ , .\.\ .~ (j