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HomeMy WebLinkAboutHazardous Waste Facility Agreement COMMISSION MEMO Memo To: Mayor Jacobson and City Commissioners From: Debbie Arkell, Director of Public Services,� L Chris Kukulski, City Manager CC: Steve Johnson, Solid Waste Superintendent Date: July 21, 2008 Consent Agenda Re: Ratify City Manager's signature on Agreement for Operations of Convenience Site and Household Hazardous Waste Facility between the Gallatin Solid Waste Management District and the City of Bozeman RECOMMENDATIONS: Ratify City Manager's signature on Agreement for Operation of Convenience Site and Household Hazardous Waste Facility between the Gallatin Solid Waste Management District and the City of Bozeman. BACKGROUND: In the fall of 2007,the City of Bozeman joined the Gallatin Solid Waste Management District and entered into an Intedocal Agreement with the Gallatin Solid Waste Management District Board. That Agreement provides that the City landfill will close on or before June 30, 2008 and that the City and District will negotiate a long term agreement to have the District operate the Convenience and Household Hazardous Waste Station at the City Landfill on Story Mill Road. The City Landfill discontinued the operation of the Class II cell at the Landfill on June 30. The District has been operating the convenience site since July 1, 2008. The subject Agreement is effective for a term of five years, unless terminated by either party. 1 FISCAL EFFECTS: The District will assume all maintenance and upkeep on the scale building and restroom facilities, as well as the grounds in and around the Convenience site. The City Collection Division will continue to operate the compost facility(grass and brush'/"or less is diameter)which is located on the Landfill property, mainly because of the amount of compost the City disposes of at the facility(fall leaf pickup;tree trimming, etc.)The District will collect the tipping fee from compost the public brings in and will submit 80% of the fee to the City. The remaining 20%will be retained by the District for their expenses associated with collecting the funds. The City collected approximately$1,800 for compost tipping during FY08 so we will see a slight decrease in this revenue. The City will dispose of compost at the facility at no charge. The city will continue to maintain the white goods area by keeping the materials in a neat pile. This is because the equipment we will use for the compost will be on site and can be used for this purpose,thus saving the District the expense of bringing special equipment to the site on occasion. The District will arrange for the sale of the white goods and retain all revenue received. The City received approximately$3,000 for white goods during FY08, so we will not receive this income in the future. The District will operate the HHW facility in the same manner it is being operated now—i.e. it will be opened at the Story Mill Convenience Station a minimum of one day per month. The District will assume all costs associated with the operation of the facility, so we will save approximately $11,000 in expenses to operate the facility. The District has assumed all electric, propane and phone expenses associated with the Site, so we will see a slight savings there as well. ALTERNATIVES: As recommended by the Commission. Report Prepared On: July 11,2008 Attachments: Agreement 0 Page 2 AGREEMENT 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 Hazardous Waste Facility located on the City of Bozeman Landfill property at 2143 Story Mill Road takes effect on the_day of , 2008,by and between: GALLATIN SOLID WASTE MANAGEMENT DISTRICT (District) BOARD (Board), Bruce Hanson, Chairman, Manhattan, Montana; and GALLATIN COUNTY COMMISSION (Commission), 311 West Main Street, Bozeman,MT 59715; and THE CITY OF BOZEMAN(City). 411 East Main Street, P. 0. 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 of the foregoing recitals and the terms contained herein, the parties agree as follows: 1. On Julyl, 2008,the District will assume all operations and maintenance of the Convenience 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 Road Convenience Station open a minimum of five days per week, at least through the spring/summer/fall months when grass companies depend on the convenience of the station. The Deposit of compostable 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 '/" 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. 5. The land area on which the facilities are located will continue to be owned by the City. 6. The District will accept clean wood waste(brush) from the City free of charge, as long as the District is operating a clean wood 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. 8. The City will maintain the main driving aisle surfaces from the gate on 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 wilfbe on-site during hours the facility is not open to the public. 15. 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, or 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 (5) years from and after July 1, 2008, unless terminated upon notice 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 Chairman ATTEST: GALLATIN COUNTY COMMISSION Charlotte Mills, Clerk and Recorder Chairman CITY OF BOZEMAN, MONTANA r QA�—K' i y Manager ATTEST: Stacy en, City Clerk Page 4