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This entry was published on 2014-09-22
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SECTION 279-C
Certain agreements of a county sewer district in Orange county
County (CNT) CHAPTER 11, ARTICLE 5-A
§ 279-c. Certain agreements of a county sewer district in Orange
county. 1. Notwithstanding the provisions of any other law, a county
sewer district in Orange county, acting through its administrative head,
is hereby authorized and empowered, from time to time, to issue requests
for proposals, and subsequently to enter into agreements based upon such
requests for proposals, or to amend, supplement, modify, change or
extend such agreements, including but not limited to, contracts, leases,
rental or management agreements with, or grant licenses, permits,
concessions or any other authorizations to, any private corporation,
partnership or individual, upon such terms and conditions and for such
consideration and for such term or duration not to exceed twenty-five
years, as may be agreed upon by said administrative head, with the
approval of the county legislature, wherein such private entity is
granted the right to design, construct, finance, operate, maintain, use,
manage, occupy, lease, own, or any of them, all or part of certain
facilities it or the district owns or will own and to carry on
activities or furnish services, in whole or in part relative to the
manner of sewerage and wastewater treatment and collection for the
district on sites approved by the district which may either be owned by
the district, the county, or privately. The district, only after
conducting a cost/benefit review analyzing the efficacy of such an
arrangement, may enter into such agreements with a private entity based
upon a determination by the district that the selected proposal is the
most responsive to the district's request for proposals and is in the
best interest of the district, with the overall cost of the proposal
being a major criterion in the selection. The district may negotiate
with any proposer. This section shall not be construed to alter or
diminish a district's obligation to provide wastewater services, to
comply with all applicable environmental laws and regulations, and to
administer the district's services, including the assessment, levying,
and collection of the expenses of the district. Such facilities,
including their influent, effluent, waste, and by-products, shall be
regulated and permitted as if such facilities were fully owned and
operated by a municipality.

2. A private entity which is a party to such agreement may be granted
the rights hereinbefore referred to for any purpose or purposes which
shall, by utilization of such sewerage and wastewater treatment and
collection facilities, benefit the people of the district or provide for
the improvement of their health and welfare or aid and undertake or
assist in the financing of the design, construction, operation or
maintenance of such facilities. The district shall not sell to any such
private entity any existing wastewater treatment facility of the
district.

3. The by-products, if any, generated by the facility may be sold,
utilized or otherwise disposed of by the private entity pursuant to the
agreement, upon such terms and conditions and for such consideration as
may be agreed upon by the parties thereto.

4. Every agreement entered into between the district and a private
entity, pursuant to subdivision one of this section, for the
construction of a wastewater treatment facility, shall require the
payment of all applicable prevailing wages pursuant to section two
hundred twenty of the labor law, shall require the furnishing to the
district of a performance bond in the full amount of the cost of such
construction, shall require that each contractor and subcontractor
performing work on such construction furnish a payment bond in the full
amount of its contract guaranteeing prompt payment of monies that are
due to all persons furnishing labor and materials to such contractor or
subcontractor, and shall contain provisions that such construction, if
in excess of twenty thousand dollars, shall be conducted pursuant to
section one hundred one of the general municipal law. A copy of the
above mentioned payment and performance bonds shall be kept by the
district and shall be open to public inspection.

5. It shall be a mandatory term of any agreement entered into between
the district and a private entity, pursuant to subdivision one of this
section, that any employee of Orange county or the district, then
performing operation or maintenance work at an existing district
wastewater treatment facility at the time of such agreement, must be
offered employment by any private entity assuming operation or
maintenance responsibilities at such facility at no less than the wage
then being earned by such employee and with equivalent benefits. If any
such employee chooses not to accept such offer of employment, such
employee shall remain a county or district employee subject to the same
terms and conditions of employment as if the operation or maintenance
responsibilities had not been assumed by such private entity.