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Home My WebLink About08- Expand the Gallatin Solid Waste Management District to Include the City of Belgrade,. COUNTY CONTRACT NUMBER 2009-008 COUNTY CONTRACT ROUTING FORM *ALL FIELDS MUST BE FILLED OUT PRIOR TO FINANCE/ATTORNEY APPROVAL *ALL CONTRACTS MUST BE SIGNED BY OUTSIDE PARTY PRIOR TO ROUTING TO FINANCE OFFICER; UPON FINANCE APPROVAL CONTRACT WILL BE ROUTED TO COUNTY ATTORNEY; UPON COUNTY ATTORNEY APPROVAL CONTRACT WILL BE ROUTED TO THE COMMISSION *CONTRACT NAME: Interlocal A reement to Ex and the Gallatin Solid Waste Mana ement District to Include the Cit of Bel rade. *BRIEF DESCRIPTION OF CONTRACT: Interlocal A reement w Bel rade for SWMD If this contract amends or is a change/task order to a previous contract, provide original contract #. *ORIGINAL CONTRACT #: N A oes with Resolution #2008-001 *RESPONSIBLE DEPARTMENT: Commission *ACCOUNT #: N/A ._*CONTRACT AMOUNT: N A r *EFFECTIVE DATE: January 9, 2008 __*EXPIRATION DATE: N A *DATE SIGNED BY OUTSIDE PARTIES: / ; -I_~ - ~~/ .~ ~,~ FINANCE DIR. APPROVED: _.-~ ~ ` ~ DATE: ~/~~ /_~ COUNTY ATTORNEY APPROVED•~'~ ~~ DATE: ~1~~ DATE SIGNED BY B D OF COUNTY COMMISSIONERS: T / 1 2008 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. a INTERLOCAL AGREEMENT TO EXPAND THE GALLATIN SOLID WASTE MANAGEMENT DISTRICT TO INCLUDE THE CITY OF BELGRADE This Interlocal Agreement to expand the Gallatin Solid Waste Management District to include the City of Belgrade takes effect on the J`~~iay of , 200~by and between: GALLATIN SOLID WASTE MANAGEMENT DISTRICT BOARD (Board), Bruce Hanson, Chairman, Manhattan, Montana; and GALLATIN COUNTY BOARD OF COUNTY COMMISSIONERS (Commission), 311 West Main Street, Bozeman, MT 5971 S; and THE CITY OF BELGRADE (City), 91 E. Central Avenue, Belgrade, MT 59714. Notwithstanding the date of signing, IT IS UNDERSTOOD AND AGREED as follows: 1. The Gallatin Solid Waste Management District (the District) was created on May 20, 2003 to provide structured management of the Logan Landfill and any future solid waste management systems in the District; to provide a distinct entity under Montana law with the financial resources to fairly and properly carry out waste management duties and responsibilities; and to provide an opportunity to perform alternative methods of collection and disposal of solid ~ waste,~such as recycling and composting (County Resolution 2003-054). 2. The following benefits would be attained by the City of Belgrade joining the Gallatin Solid Waste Management District: • The City and its residents would have a guaranteed place to deposit collected waste for the long term; • The District would be assured that all waste generated within the City would be deposited at the District's Landfill; • All parties could work together regarding district-wide recycling; • The City and District could potentially combine their solid waste assets and experience regarding landfill operations, equipment, collection and recycling to benefit all residents within the District; • One combined entity could better plan for the future of solid waste region-wide that would include household hazardous waste, recycling, composting, convenience sites as well as a potential Materials Recovery lacility or other long-range solid waste facility. 3. The Board's by-laws have been amended to include one (1) seat on the Board for City of Belgrade representative (Approved 12-17-2007). 4. The District will comply with all of the Department of Environmental Quality's requirements in the approved Action Plan. After directive is received from DEQ, the Board will assess the financial commitment needed for compliance with those requirements and will provide the City with the Board's financial plan for compliance. The City of Belgrade will not be deemed a separate responsible party for this clean-up. 5. While the over-arching goal of the parties hereto is to develop one cohesive County-Wide Solid Waste Management District, all parties hereto concur that the City of Belgrade shall continue to utilize and operate their collection and composting operations, and the final Interlocal Agreement to Expand the Gallatin Solid Waste Management District to Include The City of Belgrade Pg, I of 3 Resolution officially expanding the District will specifically so state. In so doing, the City agrees not to expand its collection division beyond the Belgrade City limits without prior approval by the District. 6. The District agrees that as long as the District is a member of Headwaters Recycling, one consolidated payment to Headwaters will be paid by the District. All costs associated with recycling will be the responsibility of the District. Any and all programs relying on the District's financial support are at the sole discretion of the District. If through its collection division, the City offers recycling opportunities at the sole cost of the City they da not require District approval. In order to achieve a higher level of solid waste management consistent with the State of Montana's Department of Environmental Quality goal to reduce, through source reduction, reuse, recycling, and composting, the amount of solid waste generated that is disposed of in landfills, a coordinated effort of methods of collections and disposal of solid waste such as recycling and composting is needed. The District is the best avenue far attaining a high level of regional solid waste management. The District's top priority is the management and expansion of the Logan Landfill. Once this is accomplished, the District will be able to devote attention to other areas of solid waste management, including but not limited to, the development of a Class IV cell somewhere in the District, recycling, and other solid waste management .processes. 8. The terms of this Agreement remain in effect unless otherwise modified or amended in writing by the parties or until such time the parties terminate this Agreement. If, following the procedures required by law, the City is included in the District, then upon the City being included in the District, the Parties shall not terminate this Agreement unless authorized by law. 9. This Agreement does not create any separate legal entity. The District will remain a distinct legal entity upon inclusion of the City into the District. 10. If, following the procedures required by law, the City is included in the District, then upon the City being included in the District, all real and personal property of the District shall remain that of the party owning the real ar personal property prior to inclusion of the party into the District. NOW, THEREFORE, BE IT RESOLVED, that with the foregoing fully agreed to: The Gallatin County Commission and the City of Belgrade will follow the process set forth in Sections 7-13-245 through 7-13-212, MCA and mail notices to all District and City of Belgrade residences seeking to add Belgrade to the District's territory; 2. The Gallatin County Commission will request the County Attorney and the Belgrade City Manager will direct the City Attorney to work together and reach an agreement on language protecting the city from any liability regarding the known pollution at the Logan Landfill as of the date of the City becomes a part of the District. The Board will amend their By-Laws Following the City's joining the District to include one (1) seat on the Board for City representative. Interlocal Agreement to Expand the Gallatin Solid Waste Management District to Include The City of Belgrade Pg. 2 of 3 r ` r ~, 4. The County shall request the Gallatin County Clerk and Recorder to file the original of this Agreement in the records of the County and file a copy of this Agreement with the Montana Secretary of State. A copy will be delivered to the City and the District. GALLATIN SOLID WASTE MANAGEMENT DISTRICT BOARD Bruce Hanson, Chairman GALLATIN COUNTY COMMISSION A. Murdock, ATTES'T': ~~~ [~t-("N`_' Date: , / ~ Charlotte Mills, Gallatin County Clerk and Recorder ``~~~~~tn s l i l r l i~~p~t~ ~'~~_ ~~` ~~f~,' ~q . ..off ``Y`\~~ •~ ,`''''~~~~III IIIc ~~~``~~~ ATTEST: ONTANA r c City Manager -~ ~~ , u t=-_=..~ L_ L 1 r, `r ~ t act3%t~~ ~ e a~~i~ct ~a,y et a ~~s~ ~~t~~~a~-~s. ~si at ~o~man, 7 va ~ clerk d ~~a~ f~i~ w~#y, stets ui ~.~1 Date: 5 s ~ ~ Marilyn oltz, rector of Fin a ~~ ,r 'a~~}' .,~ ~' ,_" ar. 11R d p tY Interlocal Agreement to Expand the Gallatin Solid Waste Management District to Include The City of Belgrade Pg. 3 of 3