The URL can be used to link to this page

Home My WebLink AboutResolution No. R24-44RESOLUTIONOF #APPROVING AGREEMENT WITH THE CITY OF # OF OF BILLINGS' LANDFILL FACILITIES. WHEREAS, the City of Laurel is in need of utilizing the landfill facilities of the City of Billings, for disposal of various landfill items collected within the City ofLaurel; WHEREAS, the City of Billings has proposed a Landfill Use Agreement, attached hereto and incorporated herewith; WHEREAS, it is the recommendation of the Public Works Department for the City of Laurel that the City of Laurel approve and execute the Landfill Use Agreement; and WHEREAS, the City Council has determined that it is in the best interests of the City of Laurel to approve and execute the Landfill Use Agreement,pursuant to the terms and conditions stated therein. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel, Montana: Section 1: Approval of Landfill Use Agreement with City of Billings. The City hereby elects to approve the Landfill Use Agreement with the City of Billings. Section 2: Authority. The Mayor is hereby given authority to execute all necessary documents, including the Landfill Use Agreement, in order to ensure that the usage contemplated by the Landfill Use Agreement can be accomplished by the City of Laurel. Introduced at a regular meeting of the City Council on the 25th day of June 2024 by Council Member Klose. PASSED and APPROVED by the City Council of the City of Laurel, Montana on the 25th day of June 2024. APPROVED by the Mayor on the 25th day of June 2024. ��,4�$i� iJC" ts'JJJJ°'e SEAL JJ'411i111111"tl� CITY OF LAUREL f, }r PavteWaggon'erImEyor R24-44 Approve Landfill Use Agreement with the City of Billings ATTEST: r 4e Si er, Jerk -Treasurer APPROVED AS TO FORM: m Michele L. Braukmann, Civil City Attorney R?4-44 Approve Landfill Use Agreement with the City of Billings �U��mrr, m CffY OF BIN I i n g s May 23,2024 City ofLaurel Mr. Matt Wheeler PIlBox lO Laurel, MT 59044 Dear Mr. Wheeler: Attached are three copies ofthe agreement between the City of Laurel and the City ofBillings for use ofthe City ofBillings' landfill The proposed fee for the fiscal year Julylst, 2024 is $41.70 per ton. However, rates are onthe City Council agenda for the June loth ,2O24meeting and the City Council may choose toapprove a different rate. Please execute all three copies ofthe agreement and return them tornyattention along with the appropriate insurance certificates byJune 2l*,2O24 Once the agreement ioapproved bvCity Council, vvewill send anexecuted copy toyou for your files. Please contact rnmwith any questions orconcerns. - Sarah Lane Fiscal Services Manager of Public Works THIS AGREEMENT made and entered into this'D - '? day ofd 024, by and between THE CITY OF LAUREL, MONTANA, hereinafter referred to as "AGENCY" and the CITY OF BILLINGS, MONTANA, a municipal corporation, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, the AGENCY is desirous of using the landfill facilities of the CITY for the disposal of solid waste; and WHEREAS, the CITY is willing to allow the AGENCY use of its landfill facilities during normal published operating times. NOW THEREFORE, in consideration of the mutual covenants and agreements between the parties hereto, it is mutually agreed as follows: 1. TERM. The term of this AGREEMENT shall expire on June 30, 2029 unless terminated by the CITY. The CITY may terminate this agreement at any time, with or without cause, upon thirty (30) days written notice to the AGENCY. 2. USE OF FACILITIES. The CITY will permit the disposal of solid waste, except industrial wastes, hauled by the AGENCY at the landfill facility operated by the CITY at such times as said landfill shall be open for disposal of solid waste. No liquid waste or hazardous waste as defined by the Environmental Protection Agency and the State of Montana Solid Waste Bureau will be accepted. By law, any hazardous waste is the responsibility of all parties involved from the time it is generated until its final disposal. AGENCY agrees to use facilities in accordance with all applicable federal and state legislation, all applicable local ordinances including, but not limited to Billings Municipal Code, Chapter 21, and all applicable federal, state, and local administrative rules in order to promote the health, safety, and welfare of the citizens of Billings, Montana. 3. PAYMENT. The AGENCY agrees to pay the CITY all established rates, charges, and fees of the CITY, including surcharges and late payment fees as specified in the CITY's adopted schedule of rates and fees for the use of said landfill facilities. 4. CHARGE ACCOUNTS AND PAYMENT TERMS. Terms of payment for services provided under this AGREEMENT are "Net 30 Days" of the monthly invoice date with all charges becoming delinquent and subject to finance fees from the due date until paid in full. Finance charges will be assessed at the rate specified in the CITY's adopted schedule of rates and fees. The CITY and the AGENCY mutually agree that the charge account will be suspended when unpaid invoices are greater than 60 days past due. No future landfill services will be made on charge until the past due balance is paid in full, The AGENCY shall pay to the CITY all attorney or collection agency fees incurred by the CITY related to non-payment for charges provided under this Agreement. The CITY agrees to give written notice to the AGENCY indicating any action to be taken. 5. SERVICE AREA. Only solid waste generated within the political jurisdiction of the City of Laurel, Montana can be disposed of in the City of Billings landfill. 6Each ofthe parties hereto shall indenlnif«, hold hormkaoa, and defend the other agents, employees or officials, against any and all claims, demands, causes of action, damages, costs, expenses, liability, or judgments against the other party for personal injury, death, O[property damage caused bythe negligence of the other party, its agents, employees o[contractors arising from, growing out of, or in any way connected with Or incidental to performance of this agreement. Indemnity under this agreement shall commence onthe date ofexecution hereof and shall continue for the entire term this agreement iGiDeffect and for any applicable period of limitations thereafter. Either party shall notify the other party, in VV[itiOg. within ten (1D) days Ofany claim made onthe obligations indemnified against hereunder. 7. ASSIGNABILITY. Assignment of this Agreement by either party is prohibited. O. NOTICES. All notices under this Agreement shall be in writing and shall be deemed given when personally delivered, or when mailed by United States certified mail or registered mail, return receipt requested. All notices shall be delivered to the contacts listed, or to identified contacts as updated by the parties: CITY {}FB|LLUNGS AGENCY PUBLIC WORKS ADMINISTRATION City of Laurel 2251 Belknap Avenue Solid Waste Supervisor BiUiOgs, MT 59101 P.O. Box 10 Laurel, MT 50044 0. INSURANCE. AGENCY shall maintain in good standing the insurance described in this Section. Before rendering any services under this AGREEMENT, the AGENCY shall furnish the CITY with proof of insurance in accordance with this Section. The AGENCY shall provide the following insurance and list the CITY as an additional insured: 1. CODlrDe[cia| general liability, including contractual and personal injury coverage's —$75O'OUO per claim and $1.5OO.00Oper occurrence. 2. Commercial automobile liability -- $1,500,000 per accident. 10. MODIFICATIONS. This Agreement shall not be changed urmodified except bva subsequent agreement in writing signed by both parties. |NWITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY {}FBILLINGS, MONTANA By By WILLIAM A. COLE, MAYOR APPROVED AS TO FORM: GINA DAHL, CITY Attorney