2011 Solid Waste Disposal Interlocal Agreement SOLID WASTE DISPOSAL
INTERLOCAL AGREEMENT
This Solid Waste Disposal Interlocal Agreement is entered into pursuant to K.S.A. 12-
2908 this 21St day of November, 2011, by and between THE CITY OF SALINA,
KANSAS (the "City") and McPherson Area Solid Waste Utility (the "Customer").
Recitals
A. The City owns and operates a solid waste disposal area known as the
Salina Municipal Solid Waste Landfill Facility ("Landfill") located at 4292 S.
Burma Road in Saline County, Kansas.
B. The City has been designated as the Solid Waste Management Planning
Authority for Saline County, Kansas by interlocal agreement with Saline
County dated January 24, 1994, in accordance with K.S.A. 65-3405(b).
C. Consistent with and in furtherance of the Kansas waste management
policy set forth in K.S.A. 65-3401, the City in Resolution No. 00-5606
adopted June 5, 2000, expressed its desire to establish certain general
policy guidelines to be used in consideration of acceptance, at the Salina
Landfill, of Municipal Solid Waste ("Waste") generated outside of Saline
County, but within the City's Primary and Secondary Trade Areas.
D. The City has offered to the Customer and the Customer desires to accept
the opportunity to dispose Waste generated in McPherson County (the
County) in the Landfill at a discounted rate based upon the conditions of (i)
disposal of a minimum annual tonnage of Waste and (ii) a commitment for
a specified number of consecutive years.
IN CONSIDERATION of the mutual promises and covenants set forth herein, the parties
agree as follows:
1. Authorization. The City authorizes the Customer to dispose of Waste
generated in the County to be deposited at the Landfill pursuant to the
terms and conditions of this Agreement.
2. Term. This Agreement shall be effective commencing December 1, 2011
(the "Commencement Date"), and shall remain in effect for a term of three
(3) years and one day, ending December 1, 2014, unless otherwise
terminated as provided in this Agreement. For purposes of this
Agreement, December 1, 2012 and each December 1St thereafter shall be
regarded as the "Anniversary Date."
3. Charges based upon base rate. The charges for disposal of Waste
generated in the County shall be based upon the regular per ton rate
charged to Saline County residents for disposal of Waste at the Landfill,
as those charges may be amended from time to time by resolution of the
City's governing body (the "base rate").
1
4. Qualification for discounted rate. For purposes of qualification for the
discounted rate, the Customer agrees and. covenants that it shall dispose
of no less than 10,000 tons of Waste for each of the twelve (12) month -
periods preceding each Anniversary Date during the term of this
Agreement (the "tonnage requirement"). On that basis, the Customer
shall qualify for a per ton discount of $1.00 from the then effective city
base rate (the "discounted rate"). The discounted rate will apply to Waste
generated in the County and delivered for disposal to the Salina Landfill by
haulers specified in writing by the Customer. To the extent feasible, the
City will credit toward the tonnage requirement all Waste generated in the
County and delivered for disposal to the Salina Landfill by the Customer or
by the Customer's designated haulers.
5. Retroactive disqualification for discounted rate. If on any Anniversary
Date the tonnage requirement has not been met:
a. the discounted rate shall be discontinued;
b. if the tonnage requirement is not met as of the December
1, 2012 Anniversary Date, the base rate shall be in effect
retroactively to the Commencement Date;
C. if the tonnage requirement is not met as of the December
1, 2013 or December 1, 2014 Anniversary Date, the base
rate shall be in effect retroactively to the preceding
Anniversary Date; and
d. the Customer shall be obligated to pay to the City the
difference between the base rate and the discount rate
from the applicable Commencement Date or Anniversary
.Date, due and payable upon receipt of a statement from
the City.
6. Special Waste Charges. Special Waste charges to the Customer will be
the same as the special waste charges for Saline County residents.
Examples of waste subject to special waste charges would include:
contaminated soil, concrete, asbestos, KDHE approved chemicals and
materials, and other items not listed that would require addition disposal
time and effort on the part of Landfill personnel. The Customer will also be
charged at the same rate as Saline County residents for disposal of tires.
7. Billing Agreement. The City shall provide the Customer with a monthly
billing statement for charges incurred as a result of the disposal of Waste
generated in the County delivered to the Salina Landfill by haulers
specified in writing by the Customer. It shall be the responsibility of any
other haulers delivering Waste generated in the County to arrange for
payment of the applicable charges with the City. In either case, the
charges, shall be payable according to terms established by the City's
Department of Finance.
2
8. Salina Landfill Rules and Regulations. The Customer shall be handled
in the same manner and subject to the same ordinances, rules and
regulations as apply to Saline County Waste. Any party transporting
Customer Waste to the Landfill for disposal pursuant to this Agreement
shall be deemed to have submitted to the City's jurisdiction for the
purposes of enforcement of the City's ordinances, rules and regulations
relating to the disposal of solid waste in the Landfill. Any party
transmitting only Customer Waste to the Landfill shall be exempt from the
City's permit requirement for disposal of waste.
9. Special Handling or Equipment. If the Customer's Waste requires
special handling, equipment, or facilities not currently used in the City's
operation of the Landfill, the Customer shall be responsible for all costs
associated with that special handling, equipment or facilities.
10. Removal of Stuck Vehicles. The City agrees to provide, upon
request and free of charge, a chain and tow for any vehicle that becomes
stuck or mired while disposing of Customer's Waste in the Landfill if the
owner of the vehicle has on file with the City a property damage release
on a form provided by the City. If a tow is requested, the Customer
agrees that the driver of the vehicle or his designee must attach the chain
to the vehicle.
11. Authorized Routes. Due to the potential number and weight of vehicles
transporting Waste to the Landfill and their impact on road maintenance
and safety, the City will designate authorized routes within Saline County
for those vehicles transporting Customer Waste to the Landfill.
12. Default. In the event either party fails to perform any of the promises and
covenants under this Agreement (other than the failure to meet required
minimum disposal volumes as addressed above), the non-defaulting party
shall give written notice of the default to the other party specifying the
nature of the default. If such default remains uncured for ten (10) days
after. delivery of the notice specifying the nature of the default, this
Agreement shall terminate at the sole option of the non-defaulting party.
13. Non-assignable. This Agreement and any rights granted herein shall not
be assignable by either party.
14. Administration. The following person or that person's designee shall be
responsible for all aspects of the administration and interpretation of this
Agreement on behalf of the respective party.
City: Jason A. Gage, City Manager
Customer: John Hawk, General Manager
3
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
above written.
CITY OF SALINA, KANSAS
By:
Sa nt a . An II, Mayor
ATTEST:
Lieu Ann Elsey, CIVIC, City Vlerk
By:
J n Ha k, eneral Manager
ATTEST:
4