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HomeMy WebLinkAbout13- Agreement for operation of convenience site between Gallatin County and the City of Bozeman AGREEMENT FOR OPERATION OF CONVENIENCE SITE AND HOUSEHOLD HAZARDOUS WASTE FACILITY BETWEEN THE GALLATIN SOLID WASTE MANAGEMENT DISTRICT, GALLATIN COUNTY, 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 Is"'day of July, 2013, by and between: GALLATIN SOLID WASTE MANAGEMENT DISTRICT (District) BOARD (Board), Dave Hanson, Chairman, Three Forks, Montana; and GALLATIN COUNTY COMMISSION (Commission), 311 West Main Street, Bozeman, NIT 59715; and THE CITY OF BOZEMAN (City),*f i East Maii—;1 Street� P. 0, Box 1230, Bozeman, MT 59771-1230, W KXVR`T ., RECITALS I. Whereas, the Gallatin Solid Waste Management District (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. 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. 3. 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 11 cell. This agreement became effective July 1, 2008. NOW, THEREFORE, BE IT RESOLVED, inconsideration of the foregoing recitals and the terms contained herein, the parties agree as follows: 1. On July 1, 2008, the District assumed all operations and maintenance of the Bozeman Convenience Site located on the City of Bozeman Landfill property at 2143 Story Mill Road. The District determines the hours of operation, staffing Agreement Convenience Site/HHW Facility City of Bozeman,Gallatin County,Gallatin Solid Waste Management District July 1,2013 to June 30,2018 Page 1 levels, fee schedules, and what items will be accepted for disposal. The City encourages the District to keep the Bozeman Convenience Site 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 Bozeman Convenience Site. 2. The City will continue to operate the compost facility (grass and brush 114" 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 District will collect and maintain in a roll-off box the white goods/metal area located on the landfill property. The District will arrange for the sale of the white goods/metal and will retain all revenue received. 4, The District will operate the Household Hazardous Waste (HHW) facility at the Bozeman Convenience Site. The HHW facility will be opened at the Bozeman Convenience Site location a minimum of one day per month. S. 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 ensures the land in and adjacent to the convenience site 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 maintains the main driving aisle surfaces from the gate on Story Mill Road to the clean wood and compost 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 assumed all utility charges related to these facilities. On July 1, 2008, the utility bills were transferred over to Gallatin County. Agreement Convenience Site/HHW Facility City of Bozeman,Gallatin County,Gallatin Solid Waste Management District July 1,2.013 to June 30,2018 Page 2 10. The City understands the District assets are the scale facility, stationary compactor, the certified mobile scale, the storage building, the computer, printer, cash register, and any other contents in its buildings with the exception of the City Radio and Methane Gas Monitoring System located in the scalehouse. The District will assume all maintenance and upkeep on there. 11. If at any time the District abandons the operation of the Convenience site, the area will be left in a well maintained condition. 12. 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. 13. 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. 14. The District shall keep and maintain. Commercial General I.,iability and Property Insurance at all times during the term of this Agreement. Such insurance shall endorse the City of Bozeman, its officers, employees, and agents as an additional insured on a primary non-contributory basis. The insurance shall provide a minimum coverage of $750,000 for each claim and $1.5 million for each occurrence and shall include no less than a thirty (30) day notice of cancellation or non-renewal, A Certificate of Insurance and applicable endorsements shall be provided to City with this Agreement.. 15. 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. 16. 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), daanages, 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 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. Agreement Convenience Site/HHW Facility City of Bozeman,Gallatin County,Gallatin Solid Waste Management District July 1„2013 to June 30,2018 Page 3 17. This Agreement is effective for a five ( ) year terra commencing on July 1, 2013 until June 30, 2018, 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 term. GALLATIN SOLID WASTE 7AGEMENT DISTRICT BOARD Chairman Dave Hanson TES ; Dawn Chretien, GSWMD Board Liaison GA' ATIN COU Y COMMISSION Chairfn Joe Skinner ATTEST; Charlotte Mills, Clerk and Recorder CITY OF BOZEMAN, MONTANA L2L-Al- --�L LIL Chris Kukulski, City Manager ATTEST�' vi j Stacy r lrne ,City Clerk. Approved as to legal content; reg -ullivan, City Attorney Agreement Convenience'Site/HHW Facility City of Bozeman,Gallatin County,Gallatin Solid Waste Management District July 1,2013. to June 30,2018 page 4