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Home My WebLink About07- Interlocal Agreement with City of Bozeman for Inclusion of Bozeman in the Gallatin County Solid Waste DistrictCOUNTY CONTRACT NUMBER 2007-133 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 with Cit of Bozeman for Inclusion of Bozeman in the Gallatin Count Solid Waste District *BRIEF DESCRIPTION OF CONTRACT: _ Interlocal Agreement with City~of Bozeman for Inclusion of Bozeman in the Gallatin Count Solid Waste District If this contract amends or is a change/task order to a previous contract, provide original contract #. *ORIGINAL CONTRACT #: *RESPONSIBLE DEPARTMENT: Commis *ACCOUNT #: N/A *EFFECTIVE DATE: / / *DATE SIGNED BY OUTSIC FINANCE DIR. APPROVE COUNTY ATTORNEY APPI SATE: ~ / ~/~ ATE: ~/~/~. DATE SIGNED BY BOARD OF COUNTY COMMISSIONERS: ~-/ ~ /~ 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: 06 / 05 2007 THE RESPONSIBLE/ORIGINATING DEPARTMENT IS REQUIRED TO MAIL COPIES AND/OR DUPLICATE ORIGINALS OF COMPLET~~ ONTRACTS TO ALL INTERESTED PARTIES. *CONTRACT AMOUNT: N/A *EXPIRATION DATE: / / T0: Larry Watson, Grants Administrator FROM: Karen Semerau Executive Assistant DATE: April 19, 2007 SUBJECT: Interlocal Agreement to Expand the Gallatin Solid Waste Management District To Include The City of Bozeman Hello Larry. Please find following the Interlocal Agreement to Expand the Gallatin Solid Waste Management District' to Include the City of Bozeman document, signed and attested by the City Manager and City Clerk. Would you please make arrangements to have this put on the County Commission meeting agenda? The documents should then be given to Bruce Hanson for his signature. If you have any questions, please give me a call. Tha you a regards, K ren Semerau Executive Assistant City of Bozeman 406-582-2306 i~, INTERLOCAL AGREEMENT TO EXPAND THE GALLATIN SOLID WASTE MANA(EMENT DISTRICT TO INCLUDE THE CITY OF BOZEMAN This Interlocal Agreement to expand the Gallatin Solid Waste Management District to include the City of Bozeman takes effect on the 1 ~t day of Mai , 2007, 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 59715; and THE CITY OF BOZEMAN (City), 4] ~ East Main Street, P. O. Box 1230, Bozeman, MT 59771-1230. 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 City of Bozeman entered into an Interlocal Agreement on October 17, 2005 for the disposal of solid waste that is collected within the City limits of the City of Bozeman at the Logan Landfill. 3. The following benefits would be attained by the City of Bozeman 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, once the City's current and existing airspace is filled closing landfilling operations by the City; • All parties could work together regarding district-wide recycling; • District residents could utilize the City's household hazardous waste facility, with the District contributing toward the operations of the facility; • 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, Interlocal Agreement to Expand the Gallatin Solid Waste Management District to Include The City of riozeman Pg. 1 of S convenience sites as well as a potential Materials Recovery Facility or other long- range solid waste facility. 4. Upon the City becoming an official member of the District, the Board's by-laws will be amended to include one (1) seat on the Board for City of Bozeman representatives, if permitted by Montana Codes Annotated. S. The Board is awaiting the Montana Department of Environmental Quality's (DEQ) most recent directives regarding the Corrective Measures Assessment for clean-up of an area at the Mogan Landfill. The District will comply with all of the DEQ's requirements. 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 Bozeman will not be deemed a separate responsible party for this clean-up. C. The City of Bozeman will be permitted to divert Class II garbage, collected within the City, to its current landfill, at a rate agreed to by the District, in order to fill the remaining airspace that exists. The tipping fees and all liabilities with the City's existing landfill cells are solely the City's responsibility. The City will not be able to continue this operation beyond June 30, 2(:)08 unless authorized by the District. 7. The City of Bozeman will be permitted to expand their existing Class IV cell for the disposal of construction and demolition waste generated by, and limited to, City of Bozeman projects. No commercial or residential Class IV waste not associate with City of Bozeman projects will be allowed. 8. The District has the right to request expansion of Class II and/or Class IV cells at the City's landfill site. If their request is approved by the City Commission, the District would lease the land from the City and the District would be solely responsible for all costs associated with expanding said cells and all liability associated with the landfill operations will transfer from the City to the District. 9. 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 Bozeman shall continue to utilize and operate their collection and composting operations, and the final Resolution officially expanding the District will specifically so state. In so doing, the City agrees not to expand its collection division beyond the Bozeman City limits without prior approval by the District. 10. The District agrees that as long as the District is a member of Headwater Recycling, one consolidated payment to Headwaters will be paid by the District. The City will continue its current recycling programs with the understanding that changes to these programs, that require District funding, are at the discretion of the District. The District agrees that once the current airspace at the City's landfill is fully utilized, all costs associated with recycling will be the responsibility of the District. Any and all programs relying on the District's financial support arc at the sole discretion of the In[erlocal Agreement to Expand the Gallatin solid Waste Management District to Include The Cily of Bozeman Pg. 2 of 5 District. If through its collection division, the City offers recycling opportunities at the sole cost of the City they do not require District approval. 11. The purchase and installation of a Convenience and Household Hazardous Waste Station will be made by the City and located at the City's current landfill. 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 agreement will be completed not later than June 30, 2008. 12. 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 for 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 1V cell somewhere in the District, recycling, and other solid waste management processes. 13. 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 bcing included in the District, the Parties shall not terminate this Agreement unless authorized by law. 14. 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. 15. If, fallowing 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 or personal property prior to inclusion of the party into the District. NOW, THEREFORE, BE 1T RESOLVED, that with the foregoing fully agreed to: 1. The Gallatin County Commission and the City of Bozeman will follow the process set forth in Sections 7-1.3-205 through 7-13-212, MCA (2005) and mail notices to all District and City of Bozeman residences seeking to add Bozeman to the District's territory; 2. The Gallatin County Commission will direct the County Attorney and the City Manager for the City of Bozeman will direct the City Attorney to work together and reach an agreement on language protecting the city from any liability regarding the Interlocal ngrecment to Expand the Gallatin Solid Wasle Management 17istrict to Include The City of Bozeman Pg. 3 0l' S known pollution at the Logan Landfill as of the date of the City becomes a part of the District. 3. The Board will amend their By-Laws at the next regularly scheduled meeting following the City's joining the District to include one (1) seat on the Board for City of Bozeman representative. 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 Date: ~//~/(~> Bruce Hanson, Chai GALLATIN COUNTY COMMISSION Date:.gi I~'J Joe Ski Wilms A. Murdock, Mern Date: Date: ~ ~ ,~ J ,~~ Stephen White, Member ATTEST: 7 _ ~~.•K.~C: Date: ~ ~ C7 7 Charlotte Mills, Clerk and Recorder Intcrlocal ngrccnicnt to Expand the Gallatin Solid Waste Management District to Include The City of Boeman I'g. 4 of 5 4 S ...~,. ~'/X P I. A t y ~~~/~ ~~~ ~ j~ p y~ r ~./ • d I .. ~ ~~ ~° ,. .w N i ~~ \ r +~"~ e • 'Fr. r..~ , ~ - , t ~ ~ +~r ~ ~ t 1 . /~~ r ChTY~O~F~ ~BOZEMAN, MONTH A f Y `~'~ Chris A. Kukulski, City Manager Date: ~~f d~ Date: T ~ ~ ~ `yD~ Interlocal Agreement to Expand the Gallatin Solid Waste Management L)istrict to Include The City of Bozeman Pg. 5 of 5