HomeMy WebLinkAbout08- Logan Landfill Indemnity Agreement~_
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COUNTY CONTRACT NUMBER 2009-007
COUNTY CONTRACT ROUTING FORM
` ~UL 0 9 200 ~~
*A IELDS MUST BE FILLED OUT PRIOR TO FINANCE/ATTORNEY APPROVAL
ACTS MUST BE SIGNED BY OUTSIDE PARTY PRIOR TO ROUTING TO FINANCE
-"~•""'"""aFFrC~`UI~bN FINANCE APPROVAL CONTRACT WILL BE ROUTED TO COUNTY ATTORNEY;
UPON COUNTY ATTORNEY APPROVAL CONTRACT WILL BE ROUTED TO THE COMMISSION
*CONTRACT NAME: ~oaan Landfill Indemnity Agreements with the Cities of Belgrade
and Bozeman.
*BRIEF DESCRIPTION OF CONTRACT: Indemnit A reements w Bel rode 8~ Bozeman
for SWMD
If this contract amends or is a change/task order to a previous contract, provide originpl contract #.
*ORIGINAL CONTRACT #: N/A
*RESPONSIBLE DEPARTMENT: Commission
*ACCOUNT #: N A *CONTRACT AMOUNT: N/A
*EFFECTIVE DATE: January 9, 200$ *EXPIRATION DATE: N A
*DATE SIGNED BY OUTSIDE PARTIES: ~~.
,~,~..T
FINANCE DIR. APPROVED:.~~~1
COUNTY ATTORNEY APPROVED:
DATE SIGNED
;~ / / /.
ATE: ~ rZ /~
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~cn~.~~1~ _DATE: ~" / I /~
IONERS: 7 1 200$
CLERK AND RECORDER KEEPS AN ORIGINAL AND WILL ROUTE A COPY OF
THE APPROVED CONTRACT TO THE FOLLOWING DEPARTMENTS:
/ RESPONSIBLE/ORIGINATING DEPARTMENT
/ DEPUTY COUNTY ATTORNEY'S OFFICE - ATTN: HELEN BALDWIN
/ AUDITOR
/ FINANCE DEPT.
DATE CLERK AND RECORDER DISBURSED COPIES: / /~.
THE RESPONSIBLE/ORIGINATING DEPARTMENT IS REQUIRED TO MAIL
COPIES AND/OR DUPLICATE ORIGINALS OF COMPLETED CONTRACTS
TO ALL INTERESTED PARTIES.
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LOGAN LANDFILL INDEMNITY AGREEMENT
THIS AGREEMENT, made and entered into this f~~Lday of ~ a , 2000,'
by and between GALLATIN COUNTY, Montana ("County"), the CITY
BOZEMAN, Montana ("Bozeman") and the CITY OF BELGRADE, Montana
("Belgrade").
WITNESSETH:
WHEREAS, COUNTY has conducted solid waste disposal operations, through
various entities, at real property described in Exhibit "A" attached hereto and
incorporated herein ("Logan Landfill");
WHEREAS, on September 26, 2007 both BOZEMAN and BELGRADE were
included in a expanded and reformed Gallatin Solid Waste Management District; and
WHEREAS, prior to BOZEMAN and BELGRADE representatives being seated
on the Gallatin Solid Waste Management District Board, the COUNTY will come to an
agreement to indemnify and defend BOZEMAN and BELGRADE from liability from
known pollution at the Logan Landfill before the date of September 26, 2007.
NOW THEREFORE, based on mutual consideration and incorporating the above
recitals, IT IS MUTUALLY AGREED between COUNTY, BOZEMAN and
BELGRADE as follows:
l . COUNTY shall defend, indemnify and hold harmless both BOZEMAN and
BELGRADE and their officers, agents and employees from any and all losses, damage,
fines, penalties, claims or liabilities, including without limitation attorney's fees (and
attorney's fees/salary of in house counsel, i.e. City Attorney), removal and remediation,
government oversight costs, and cleanup orders from government authorities and all
defense costs, directly or indirectly arising out of, related to (in whole or in part), or
resulting from the existence, discharge, seepage, migration, release or escape of any
pollutants, hazardous materials ar substances, of any nature, that have been stored,
disposed of, transported on, released or migrated into, discharged onto, processed,
treated, or buried at the Logan Landfill before September 26, 2007 (the date of inclusion
of BOZEMAN and BELGARDE in the Gallatin Solid Waste Management District).
2. If the COUNTY fails or refuses to settle or defend a claim, action, or
proceeding in a timely fashion, BOZEMAN or BELGRADE may, prior to the date that a
response to the claim, action, or proceeding needs to be filed with a court, take any and
all actions reasonably necessary to defend such claim, action, or proceeding and the
COUNTY shall reimburse BOZEMAN or BELGRADE far its costs and expenses
incurred, including, but not limited to, staff time, court costs, in-house counsel's time or
any other direct or indirect costs associated with responding to the claim, action, or
proceedings.
LOGAN LANDFILL INDEMNITY AGREEMENT
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3. If BOZEMAN or BELGRADE settles the claim, action, or proceeding while
defending pursuant to Paragraph 2 above, the COUNTY shall not be required to pay or
perform any settlements of such claim, action, or proceeding unless the settlement is
approved in writing by the COUNTY.
4. If BOZEMAN or BELGRADE should fail to cooperate fully in the defense,
the COUNTY shall not thereafter be responsible to defend, indemnify, and hold harmless
BOZEMAN or BELGRADE or its agents, officers, and employees pursuant to this
Agreement.
5. Any party herein will promptly notify all other parties of any claim, action, or
proceeding that would trigger the applicability of this Agreement.
b. All notices to the COUNTY under this Agreement shall be deemed valid and
effective five (5) calendar days following deposit in the United States mail, postage,
prepaid, by certified and/or registered mail, addressed to:
GALLATIN COUNTY COMMISSIONERS
311 West Main
Bozeman, MT 59715
All notices to BOZEMAN or BELGRADE under this Agreement shall be deemed
valid and effective five (5) calendar days following deposit in the United States mail,
postage, prepaid, by certified and/or registered mail, addressed to:
Bozeman City Manager
PO Box 1230
Bozeman, MT 5971 S
Joseph A. Menicucci
Belgrade City Manager
91 East Central
Belgrade, MT 59714
7. This Agreement represents the complete understanding between the parties
with respect to matters set forth herein.
herein.
8. These obligations shall be binding on successors and assigns all of the parties
IN WITNESS WHEREOF, the parties hereto have duly caused this Agreement to
be executed on the date hereinabove first written.
LOGAN LANDFILL INDEMNITY AGREEMENT
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GALLATIN COUAdTY MONTANA
By:~V .-
'William A. Murdock, C air
Board of County Commis >ioner
ATTEST:
Date:
Charlotte Mills, Clerk and Retarder
CITY OF BOZEMAN, MONTANA
~_~ ~~
By.
Chris A. Kukulski
..~ City Manager
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~r_ r`~,~rney, Clerk
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ATTEST:
Date: ~ p ~
Marilyn oltz, Di ector of Fina
ANA
LOGAN LANDFILL INDEMNITY AGREEMENT
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