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HomeMy WebLinkAbout05- Gallatin Solid Waste Management District Board; Logan Landfill - Interlocal Solid Waste Disposal Agreement INTERLOCAL AGREEMENT FOR SOLID WASTE DISPOSAL GALLA TIN SOLID WASTE MANAGEMENT DISTRICT BOARD AND THE CITY OF BOZEMAN This Interlocal Agreement for the disposal of solid waste takes effect on the 17th day of October , 20~, by and between: GALLA TIN SOLID WASTE MANAGEMENT DISTRICT BOARD, Dave Pruitt, Chairman, Three Forks, Montana; and THE CITY OF BOZEMAN,411 East Main Street, P. O. Box 1230, Bozeman, MT 59771-1230 (Phone: 406-582-2306). CONTENTS 1. Purpose 2. Term of Agreement 3. Record Keeping any Payment of Tipping Fees 4. Board Membership 5. City Use of Logan Landfill 6. Board Acceptance of Waste 7. Cost of Disposal 8. Hours of Operation 9. Previous Post-closure Liabilities 10. Entire Agreement 11. Amendments 12. NonWaiver 13. No Separate Entity 14. Severability 15. Filing and Recordation IT IS UNDERSTOOD AND AGREED as follows: 1. PURPOSE: The Gallatin Solid Waste Management District Board (Board) was created to operate the Gallatin Solid Waste Management District (District), including the Logan Landfill. The City of Bozeman desires to dispose of waste collected by their Collection Division at the Logan Landfill. The purpose of this Interlocal Agreement (Agreement) is to provide refuse disposal services at the Logan Landfill to the City of Bozeman. INTERLOCAL AGREEMENT FOR SOLID WASTE DISPOSAL GALLA TIN SOLID WASTE MANAGEMENT DISTRICT BOARD AND THE CITY OF BOZEMAN 1 2. TERM OF AGREEMENT: The initial term of this Agreement is seven (7) years from the date set forth in the first paragraph of this Agreement. Either party may earlier terminate this Agreement by serving a Notice of Termination, either by personal service or by certified mail, return-receipt requested, on the other party at the address listed at the beginning of this Agreement. If such Notice of Termination is served on or before March 1st of any year then this Agreement will terminate sixteen (16) months following March 1st, or on June 30th of the following year. Notice of Termination shall not be given before March 1, 2007. If this Agreement is not terminated on or before the seventh (7th ) year anniversary, or by March 1 of any year prior, as provided above, then it shall automatically renew for successive five (5) year terms. If the City joins the Gallatin Solid Waste District, this Agreement will terminate at the date the City's membership becomes effective, without regard to the remaining life of this Agreement. 3. RECORD KEEPING AND PAYMENT OF TIPPING FEES: The Board has established a charge account for tipping fees charged to the City. The Board will keep a record of the weight of all refuse delivered to the Logan Landfill by City Collection Division vehicles. The Board will bill the City monthly for the amount of refuse received. The City will pay the Board within forty-five (45) days of receipt of the bill. 4. BOARD MEMBERSHIP: The City's Solid Waste Superintendent, or designee, is welcome to attend Board meetings and comment on issues affecting the City's use of the Logan Landfill. The City's Solid Waste Superintendent, or designee, may serve on Subcommittees of the Board, per Article V ofthe Board's By-Laws. 5. CITY USE OF LOGAN LANDFILL: The City shall utilize the Logan Landfill for the disposal of all of the solid waste collected by the City of Bozeman Collection Division with the exception of recyclable materials, which includes, but is not limited to, cardboard; glass; aluminum and tin cans; newspapers, office papers and magazines; yard waste, brush and other compostable materials; white goods; batteries; and household hazardous wastes. 6. BOARD ACCEPTANCE OF WASTE: The Board will accept all non- prohibited waste delivered to the Logan Landfill by the City, or its designated hauler. 7. COST OF DISPOSAL: Throughout the term of this Agreement the Board shall set the City's cost of disposal services (tipping fee) on or before the first day of March of each year. The Board agrees that City will not be charged a higher tipping fee than either the general public or any licensed commercial hauler. INTERLOCAL AGREEMENT FOR SOLID WASTE DISPOSAL GALLATIN SOLID WASTE MANAGEMENT DISTRICT BOARD AND THE CITY OF BOZEMAN 2 8. HOURS OF OPERATION: The City and/or its contracted transfer hauler(s) will have access to the Logan Landfill during all hours and days the Logan Landfill is open. The Logan Landfill will be closed the following holidays: New Year's Day, Fourth of July, Memorial Day, Labor Day, Thanksgiving Day, and Christmas Day. These holidays can change periodically via written agreement of the parties hereto. 9. PREVIOUS POST CLOSURE LIABILITIES: The City shall not be responsible for any previous post-closure liabilities or costs of the District that were incurred prior to the date of this Agreement. 10. ENTIRE AGREEMENT This Interlocal Agreement constitutes the entire agreement between the parties. No alterations, modifications, or additions to this Agreement shall be bindings unless reduced to writing and signed by the parties to be charged herewith. 11. AMENDMENTS: The terms and conditions of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. No oral modification shall be enforceable. 12. NONWAIVER: The waiver or failure to enforce any provision of this Interlocal Agreement shall not operate as a waiver of any future breach of any such provision or any other provision. 13. NO SEPARATE ENTITY: No separate entity is created by reason of this Interlocal Agreement. 14. SEVERABILITY: The provisions of this Agreement shall be deemed independent and severable, and the invalidity, partial invalidity, or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 15. FILING AND RECORDATION: This Agreement shall be filed with the Gallatin County Clerk and Recorder, Clerk of the Bozeman City Commission, and Montana Secretary of State, as required by Section 7-11-107, MCA. GALLA TIN SOLID WASTE MANAGEMENT DISTRICT BOARD JJ ~ ArbA~ Chairman INTERLOCAL AGREEMENT FOR SOLID WASTE DISPOSAL GALLATIN SOLID WASTE MANAGEMENT DISTRICT BOARD AND THE CITY OF BOZEMAN 3 CITY OF BOZEMAN ~A.~ Chris A. Kukulski, City Manager A TIEST: ~./~ Robin L. Sullivan, Clerk of the Commission INTERLOCAL AGREEMENT FOR SOLID WASTE DISPOSAL GALLA TIN SOLID WASTE MANAGEMENT DISTRICT BOARD AND THE CITY OF BOZEMAN 4