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Home My WebLink AboutResolution No. R24-44 (2)RESOLUTION NO. IZ24-44 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 of Laurel; 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 25`x' day of June 2024 by Council Member Klose. PASSED and APPROVED by the City Council of the City of Laurel, Montana on the 25"' day of June 2024. APPROVED by the Mayor on the 25"' day of June 2024. 0eetterrp! CITY OF LAUREL f SEAL 1 "I J� ?r jr b ave Waggoner, LMayor R24-44 Approve Landfill Use Agreement with the City of Billings ATTEST: ke S c er, Jerk -Treasurer APPROVED AS TO FORM: Michele L. Braukmann, Civil City Attorney R24-44 Approve Landfill Use Agreement with the City of Billings YC� Billings May 23,2024 City of Laurel Laurel, MT 59044 Attached are three copies of the agreement between the City uf Laurel and the City ofBillings for use Ofthe City ofBillings' landfill The proposed fee for the fiscal year beginning July lst,2O24is $41.70 per ton. However, rates are mnthe City Council agenda for the June loth ,2O24meeting and the City Council may choose toapprove o different rate. Please execute all three copies ofthe agreement and return them to rnyattention m|ongvxiththempprophote insurance certificates bvJune 29"'.2O24. Once the agreement iaapproved bvCity Council, vvewill send unexecuted copy toyou for your files. Please contact rnewith any questions orconcerns. Sincerely Sarah, Lane Fiscal Services Manager ofPublic Works THIS AGREEMENT made /\. and betwxeenTHE CITY OF LAUREL, MONTANA, hereinafter referred �U8S"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 {fthis AGREEMENT shall expire on June 30, 2029 UDleSS terminated bythe CITY. The CITY may terminate this agreement8[any time, with or without cause, upon thirty (3D) days written notice tOthe AGENCY. 2. USE OF FACILITIES. The CITY will permit the disposal ofsolid waste, except |OduSth8| wastes, hauled by the AGENCY at the (8Ddfi|| facility operated by the CITY @tsuch times 8Ssaid landfill shall beopen for disposal ofsolid waste. No liquid waste orhazardous waste @sdefined bythe Environmental Protection Agency d the State ofMontana Solid Waste Bureau will beaccepted. Bylaw, any hazardous vv@ote is the responsibility of all parties involved from the time it is generated until its final disposal. AGENCY agrees touse facilities iDaccordance with all applicable federal and state legislation, all applicable local ordinances |nc|udiOg, but not limited toBillings Municipal Cod8.Chaoter21.anda||a|ioab|efedeng|.mtade'and|oca| administrative rules in order to promote the heg|th. S@fety, and vve|fgne of the citizens of Billings, Montana. 3. PAYMENT. The AGENCY agrees topay the CITY all established rates, charges, and fees ofthe CITY, including surcharges and late payment fees as specified in the C|TY'Sadopted schedule ofrates and fees for the use Ofsaid 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 te suspended when Opa|U invoices are greater than OO 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 bJthe CITY all attorney or collection agency fees incurred bv 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 6Each ofthe parties hereto shall indemnifv, hold hornlkaae, and defend the other its 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, 0[property damage caused bythe negligence of the other party, its agents, ep| So[c0Dt[Gctors arising from, growing out of, orinany way connected with o[incidental t0performance Ofthis agreement. Indemnity under this agreement shall commence onthe date Ofexecution hereof and shall COOtiOu8 for the entire term this agreement is in effect and for e period Oflimitations thereafter. Either party shall notify the other party, iMvvhtiOg. within ten MO\days Ofany claim made oOthe obligations indemnified against hereunder. 7. ASSIGNABILITY. Assignment of this Agreement by either party is prohibited. 8. NOTICES. All notices under this Agreement shall be invv[itid shallbed8e[O0d given when personally meowereo, or when onaxeo by United States oeomeo nnax Or registered FD8U. return receipt requested. All notices Sh8U bedelivered tothe contacts listed, or to identified contacts as updated by the parties: CITY {}FB|LLUN8S AGENCY PUBLIC WORKS ADMINISTRATION City of Laurel 2251 Belknap Avenue Solid Waste Supervisor BUUOgS, MT 59101 P.O. Box 10 Laurel, MT 59044 9. INSURANCE. AGENCY shall maintain in gond 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 aaanadditional insured: 1. Conlnnencio| general liability, including contractual and persona/ injury coverage's -- $750,000 per claim and $1.500'000 per occurrence. 2. Commercial automobile liability —$1.5OO.ODOper accident. 10. MODIFICATIONS. This Agreement shall not be changed or modified except by 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 WILLIAM A. COLE, MAYOR I - GINA DAHL, CITY Attorney DocuSign Envelope ID: 2B43B67C-218A-4291-A561-51AD18525B46 6. INDEMNITY. Each of the parties hereto shall indemnify, hold harmless, and defind the -other party, its 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, or property damage caused by the negligence of the other party, its agents, employees or contractors arising from, growing out of, or in any way connected with or incidental to performance of this agreement. 23M= CITT OF BILLLINGS AGENCY PUBLIC WORKS ADMINISTRATION City of Laurel 2251 Belknap Avenue Solid Waste Supervisor Billings, MT 59101 P.O. Box 10 Laurel, MT 59044 9. 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. Commercial general liability, including contractual and personal injury coverage's -- $750,000 per claim and $1,500,000 per occurrence. 2. Commercial automobile liability -- $1,500,000 per accident. 10. MODIFICATIONS. This Agreement shall not be changed or modified except by a subsequent agreement in writing signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BILLINGS, MONTANA 0"uSlVed by: AGENCY (Print Name Above) By BY T ttr,� {'i"�'1� WILLIAM A. COLE, MAYOR APPROVED AS TO FORM: by: 4z" By— DOCUS19ft" by' f*"AA& 580CU* FO