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HomeMy WebLinkAbout2008 Agreement for Operation of Convenience Site and Household Hazardous Waste FacilityAGREEMENT FOR OPERATION OF CONVENIENCE SITE AND HOUSEHOLD HAZARDOUS WASTE FACILITY BETWEEN THE GALLATIN SOLID WASTE MANAGEMENT DISTRICT AND THE CITY OF BOZEMAN This Agreement for the operation of the Convenience Site and Household Hazardaus Waste Facility located an the City of Bozeman Landfill property at 2143 Story Mill Road takes effect on the 1~. day of _Jnly _, 2008, by and between: GALLATIN SOLID WASTE MANAGEMENT DISTRICT (District) BOARD (Board), Bruce Hanson, Chairman, Manhattan, Mantana; and GALLATIN COUNTY COMMISSION (Commission), 311 West Main Street, Bozeman, MT 59715; and THE CITY OF BOZEMAN (City), 411 East Main Street, P. O. Box 1230, Bozeman, MT 59771-1230. RECITALS Whereas, 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); Whereas, in the fall of 2007, the City of Bozeman joined the Gallatin Solid Waste Management District and entered into an interlocal agreement with the Gallatin Solid Waste Management District. Whereas, the Interlocal Agreement governing the City joining the District provides that the purchase and installation of a Convenience and Household Hazardous Waste Station will be made by the City and will be located at the City's current landfill and that the City and District will negotiate a long term agreement to have the District pay for the operational costs of maintaining this facility once the City closes its existing Class II cell. This provision of the Interlocal Agreement is to be completed not later than June 30, 2008. NOW, THEREFORE, BE IT RESOLVED, inconsideration ofthe foregoing recitals and the terms contained herein, the parties agree as follows: On Julyl, 2008, the District will assume all operations and maintenance of the Canvenience station located on the City of Bozeman Landfill property at 2143 Story Mill Road. The district shall determine the hours of operation, staffing Page 1 levels, fee schedules, and what items will be accepted for disposal. The City encourages the District to keep the Story Mill Raad Convenience Station open a minimum of f ve days per week, at least through the spring/summer/fall months when grass companies depend on the convenience of the station. The Deposit of compastable materials into the compost facility will reduce the volume of trash disposed of in the lined cell at the Logan Landfill, saving lined landfill space for items that must be disposed of in a lined cell. The City strongly encourages the District to not increase the tipping fee to the point that the fee would discourage people from using the Convenience Station. 2. The City will continue to operate the compost facility (grass and brush''/a" or less in diameter) located on the Landfill property. The District will collect the tipping fee from compost customers and will submit 80% of the amount collected to the City. The remaining 20% will be retained by the District for their expenses associated with collecting the funds. The funds will be submitted from the District to the City a minimum of once per quarter. 3. The City will maintain the white goods area located on the Landfill property by keeping the materials in a neat pile. The District will arrange for the sale of the white goods, and will retain all revenue received. 4. The District will operate the Household Hazardous Waste (HHW) facility at the Story Mill Road Convenience Station in the same manner it is being operated now. As such, the .HHW facility will be opened at the Story Mill Convenience Station location a minimum of one day per month. The land area on which the facilities are located will continue to be owned by the City. 6. The District will accept clean woad waste (brush) from the City free of charge, as long as the District is operating a clean woad waste collection program. 7. The District will ensure the land in and adjacent to the convenience station operations will be adequately maintained, including, but not necessarily limited to: litter pickup; grass and weed mowing; watering of trees and other vegetation; grading/graveling/asphalt repair of driving aisles and parking areas; snow removal. The City will maintain the main driving aisle surfaces from the gate an Story Mill Road to the white goods and clean wood areas, including asphalt repair and snow removal, as well as the fences and electronic gate on the landfill site in a manner suitable to the City. If the District desires additional maintenance, they may do so at their own expense. 9. The District will assume all utility charges related to these facilities and will have the utility bills transferred to their name effective on July 1, 2008. Page 2 10. The District will assume all maintenance and upkeep on the scale building(s) and restroom facilities. 11. The District understands that the scale is no longer certified. If the District chooses to install a new scale, it shall be at the expense of the District and will become an asset of the District. 12. The computer, with WasteWorks hardware, printer, and cash register located in the scale house will remain in the scale house for the District's use. As this equipment wears out, needs replaced, or needs repaired, the District will replace/repair the equipment at no expense to the City, and the new equipment will then be an asset of the District. 13. If at any time the District abandons the operation of the Convenience facility, the buildings, facility and area will be left in a well maintained condition. 14. The District will restrict employee access to the facility to site operation times, and will advise City if Board employees will be on-site during hours the facility is not open to the public. 1 S. City operations will continue within the landfill property that will require City employee and contractor access through the main gate. City employees and contractors not in a city vehicle will be required to stop at the scale house to advise the scale attendant of their presence for City business. 16. The District shall keep and maintain General Liability and Property Insurance at all times during the term of this Agreement. Such insurance shall name the City of Bozeman as an additional insured. The insurance shall provide a minimum coverage of $750,000 for each claim and $1.5 million for each occurrence. A Certificate of Insurance shall be provided to City with this Agreement 17. The District agrees that it will not assign this Agreement, nor will they sublet the premises, or any part thereof, without the prior written consent of the City. 18. The parties shall indemnify, hold harmless, and defend each other and their agents, principals, and employees from and against any and all liability (including liability where activity is inherently or intrinsically dangerous), damages, losses or costs, including but not limited to reasonable attorney's fees (including fees of in-house counsel, the City Attorney and the County Attorney) arising out of or resulting from the indemnifying party's negligence, recklessness, ar intentional misconduct, or from the indemnifying party's failure to comply with the requirements of this Agreement or with all federal, state and local law applicable to the performance of this Agreement but only to the extent that the liability, damages, losses, or costs are caused by the negligence, recklessness, or intentional misconduct of the indemnifying party arising out of the performance of this Agreement. In the event of an action filed against a party resulting from the indemnifying party's Page 3 performance under this Agreement, the non-indemnifying party may elect to represent itself and incur all costs and expenses of suit. This provision shall survive any termination of this Agreement. 19. This Agreement is effective for a term of five (S) years from and after July 1, 200$, unless terminated upon native in writing given by either party to the other of not less than thirty (30) days prior to the end of the initial term or any annual extension thereof, unless sooner terminated as herein provided. GALLATIN SOLID WASTE MANAGEMENT DISTRICT BOARD ATTEST: l ~~~ Charlotte Mills, Clerk and Recorder I~1~~~+ 6 F ~ ', V ~l J.r: ~ ~"F ~ . R F ~ t S "~ ~~~~` l~~~r,n~,~ ~1 .~.A..T - _ ".k. ~' i f ^.. I, C airman GALLATiN COUNTY CO Chairman } CITY OF BOZEMAN, MONTANA r ~ i y Manager Page 4 ' ~ ~; ~u~ ~ ~ zoaB COUNTY CONTRACT NUMBER 2009-029 (~~a ~Ct/~/L~' ~~i~ OUNTY CONTRACT ROUTING FORM u w ~...i ... ~...+... ~-. -~ -- ,. rrrrrwwrrr.rrrrrrarwrar+r *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 Agreement for Operation of Convenience Site and Household Hazardous Waste Facilit Between the Gallatin Solid Waste Mana ement District and the City of Bozeman *BRIEF DESCRIPTION OF CONTRACT: Interlocal Agreement for Convenience Site If this contract amends or is a change/tpsk order to a previous contract, provide original contract #. *ORIGINAL CONTRACT #: N A Q ~C~a~II~~ *RESPONSIBLE DEPARTMENT: Solid Waste Management District JUL a ~ Z008 U *ACCOUNT #: N A *EFFECTIVE DATE: 7/1 /2008 *DATE SIGNED BY OUTSIDE PARTIES: FINANCE DIR. APPROVED: ~~-~ COUNTY ATTORNEY APPROVED: B Y: -------------------- *CONTRACT AMOUNT: tJ A *EXPIRATION DATE: 7/1 /2013 / / / ~-~~ATE: ~/~/ DATE: ~ / ~ / )NERS: Z/ a9 / O$ 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: 7 /~/ C]~/, THE RESPONSIBLE/ORIGINATING DEPARTMENT IS REQUIRED TO MAIL COPIES AND/OR DUPLICATE ORIGINALS OF COMPLETED CONTRACTS TO ALL INTERESTED PARTIES.