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HomeMy WebLinkAbout1984-07-01-R 0 RESOLUTION # • A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BATESVILLE, ARKANSAS TO EXECUTE A CONTRACT WITH GENCORP CONCERNING THE DISPOSAL OF GENCORP 'S WASTE MATERIALS AND FOR OTHER PURPOSES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS, AS FOLLOWS: 1 . That the City Council of the City of Batesville, Arkansas hereby authorizes and directs the Mayor and the City Clerk of the City of Batesville, Arkansas to execute and deliver a contract to Gencorp, concerning the City's disposing and incin- erating waste materials of Gencorp. That attached hereto, marked EXHIBIT "A" is a true and correct copy of said agreement and the same is made a part hereof as though fully set out herein , word for word. 2. That the Mayor and City Clerk are hereby authorized and directed to do all acts necessary to carry out the terms of that agreement with Gencorp including but not limited to enforcing the City' s rights thereunder and doing those acts necessary to fulfill the City' s obligations thereunder. ADOPTED this day of , 1984 . • APPROVED: Jim Shirrell, Mayor r ATTEST: Larry Williams , City Clerk • i v AGREEMENT • THIS AGREEMENT made this lst day of December 1984, by and between the CITY OF BATESVILLE, ARKANSAS, a Municipal Corporation organized and existing under the laws of the State of Ark ansas, hereinafter referred to as "CITY" and GENCOKP, a Corporation existing and operating under the laws of the State of Ohio, with its principal offices at Akron, Ohio. The CITY agrees to operate a controlled two-stage air waste incineration facility and dispose of GENCORP 's waste in accordance with the following terms and provisions of this AGREEIVIENT. 1 . CONDITIONS OF WASTE: The CITY shall accept, receive, store and incinerate or otherwise dispose of all of the solid and liquid waste and scrap materials from GENCORP on an as received basis providing the following conditions are met : 1 . 1 The waste can be incinerated in an environmentally safe manner in a properly operated controlled two-stage air incineration facility. 1 .2 The liquid or fluid waste is a combustible material . 1 .3 The liquid or fluio waste is delivered in containers or in such a manner that it can be fed into and burned in the burning equipment without creating any unusual problems. 1 .4 The waste is not deemed a hazardous waste with respect to handling or incineration. 2. DELIVERY OF WASTE: GENCORP will attempt to schedule the delivery of their waste to the CITY' s facility on an off-shift basis or any other mutually agreeable time to enable the CITY to balance the fuel availability for the incinerator; however, this is not to be interpreted to mean that the • -2- low CITY will not accept the waste from GENCORP's plant any less frequently than once per day, seven days per week. If the CITY desires to accumulate GENCORP's waste and/or blend it to balance the thermal heat content of the refuse fired to the incinerator, the burden for this operation and/or equipment required will be the responsibility of the CITY. 3. LIAGILITY: GENCORP is to be held harmless in regard to any liability in regard to either civil or criminal action concerning the following items: 3.1 Compliance with Environmental Protection Agency rules and regulations covering the operation of the incinerator, including the gathering and delivery of the refuse to the incinerator plant. 3.2 Air pollution generated by the incinerator facility, including odor, particulate matter, smoke emission, sulfur compounds, nitrogen compounds, hydrocarbon emissions, general nuisance, etc. 3.3 Compliance with any federal , state or local rules or regulations or laws regarding water pollution or disposal of condensate process water, drainage water, or storm water from the incinerator facility. 3.4 Compliance with federal , state and local standards or codes relating to noise, safety, OSHA or any other rules or regulations concerning industrial health and/or safety. 3.5 Labor conflicts, civil disturbances, riots, etc. , with respect to the operation of the incinerator. -3- 4. DISPOSAL FEES: GENCORP shall pay a monthly disposal fee to the CITY as determined by the following: P = (A-S) = T WHERE: P = Tipping Fee in Dollars Per Ton. A = Total Annual Cost of Operating the Plant divided by 12. The total annual operating cost should be based on the annual budget agreed to by both parties and should include amortization and maintenance reserve. Representatives of GENCORP or accountants employed by GENCORP may inspect any auditor' s or accountant' s reports in the possession of the CITY concerning annual operating costs as well as actual invoices or other documents or matters used to prepare those reports. At the end of each calendar year, actual costs of operating the plant shall be compared to the above mentioned budgeted costs. Any excess of actual costs will be added to the next year' s budgeted cost; the difference between actual cost and budgeted cost, if less than budgeted cost, will be subtracted from the next year' s budgeted cost. S = The Actual Steam Revenues during the billing Period. T = The Total Tonnage of Waste Received by the Batesville Energy Facilities during the billing period. Attached hereto, marked EXHIBIT "A" and made a part hereof as though fully set out herein word for word is the agreed totaled annual operating costs for the remainder of the year 1984. The billing period shall begin the 1st day of each month and end the last day of each month. The monthly payment shall be due on the lst day of each month. 5. AMENDMENT OF AGREEMENT: This AGREEMENT supersedes the agreement dated December 19, 1979 and may not be amended or supplemented except by an instrument in writing signed by both parties hereto. This AGREEMENT shall be effective from and after the date of its execution and remain in full force and effect until expiration or cancellation pursuant to the terms of this AGREEMLNT. I A ' -4- 6. 4-6. NOTICES: Notices required under this AGREEMENT will be given to and from the respective local operating personnel of the CITY and GENCORP. Notices will be deemed properly given when in writing, sent by certified mail , postage prepaid and addressed: If to City: Mayor of Batesville City Hall Batesville, AR 72501 If to GENCORP: Plant Manager GenCorp P.U. Box 2237 Batesville, Ak 72503 and copy to: Corporate Secretary One General Street Akron, Ohio 44329 7. TERMS: GENCORP and the CITY agree that this AGREEMENT shall expire at the end of a term of five (5) years and may be renewed by the parties prior to expiration. Either party may terminate this AGREEMENT upon six (6) month' s prior notice to the other party. 8. LIABILITY OF CITY: In the event the CITY' s incinerator plant or facility shall be damaged or destroyed or their operations interrupted by Act of God, fire, other acts of the elements, riots, civil disorder, war or any other cause beyond the reasonable control of the CITY, then in such event the CITY shall be relieved from performance under this AGREEMENT, until normal operations are restored. Further, the CITY shall not be liable to GENCORP for damages resulting from cessation of operation for necessary repairs, 40 installments or improvements. -5- 9. ASSIGNMENTS: Neither party shall have the power or right to make assignment of any rights or obligations under this AGREEMENT without the expressed prior written consent of the other party. The foregoing notwithstanding, GENCORP shall have the right to assign this contract to any 100% owned subsidiary if the nature of the business and the wastes thereby generated remain substantially as they are as of the date that this AGREEMENT is executed. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be duly executed this 30 day of 1984. CITY OF BATESVILLE By m Shi re 1 , Mayor (SEAL) ATTEST: Larry Willi ms, City Cleric GENCORP By . Dalton, Vice President ATTEST: y F.C. Rote Assistant Secretary (SEAL) BATESVILLE ENERGY FACILITY ESTIMATED TOTAL ANNUAL 1984 OPERATING COST 1 . SALARIES .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . .. . . . $ 144,500 2. FICA MATCH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 10,200 3. INSURANCE - HEALTH . ... .... .. .... . . . . .. . . . . . . . .. . . . ... . . . . . 19,000 4. R & M - INCINERATOR .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 28,000 5. R & M - BOBCATS . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 14,000 6. R & M - BLDG. & GROUNDS . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,000 7. R & M - SCALES & METERS . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . 2,000 8. FULL & OIL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. .. . . 16,300 9. SUPPLIES . . . . . . . . .. .. . . . . . . . . . . . . .. . . . . . . . . .. . . . . .. . . . . . . . . 5,500 10. TOOLS . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . 700 11. INSURANCE - BOILER & FIRE . .. . . . .. . . . . . . . . . . . . . . . . . . ... . . . . 1 ,000 12. UTILITIES . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . 47, 700 13. CHEMICALS . . . . . . . . .. .. . . . . . . . . . . . .. . . . .. . . . .. . .. . . . . . . . . .. . 15,200 14. MISCELLANEOUS . . . . .. . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 5,800 TOTAL ESTIMATED 0 & M .. .. .. . . .. . . . . . . . . . .. . . .. . . .. .. . . . . . . $ 312,900 AVERAGE COST/TON . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 21 .07/Ton 15. MAINTENANCE RESERVE . . .. . . . .. . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . 52,000 16. DEPRECIATION . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80,000 EST. TOTAL ANNUAL COST . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . .. . . . $ 444,900 EXHIBIT "A"