N.Y. County Law § 279-c: Certain agreements of a county sewer district in Orange county

§ 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.