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2005 Agr Solid Waste Disposal SOLID WASTE DISPOSAL INTERLOCAL AGREEMENT This Solid Waste Disposal Interlocal Agreement is entered into pursuant to K.S.A. 12- 2908 this 8th day of AUQust , 2005, by and between THE CITY OF SALINA, KANAS (the "City") and MCPHERSON AREA SOLID WASTE UTILITY ("MASWU"). Recitals A. The City owns and operates a solid waste disposal area known as the Salina Municipal Solid Waste Landfill Facility ("MSWLF") and legally described as: Section Seven (7), Township Fifteen (15), South, Range Three (3) West of the 6th P.M. 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 MSWLF, of municipal solid waste ("MSW") generated outside of Saline County, but within the City's Primary and Secondary Trade Areas. D. MASWU desires to dispose MSW generated in McPherson County in the Salina MSWLF. IN CONSIDERATION of the mutual promises and covenants set forth herein, the parties agree as follows: 1. Authorization. The City authorizes the MASWU to dispose of MSW generated in McPherson County be depositing such waste in the Salina MSWLF pursuant to the terms and conditions of this Agreement. 2. Term. This Agreement shall be effective commencing June 1, 2005, and shall remain in effect for a term of approximately three (3) years until September 8, 2008, unless otherwise terminated as provided in this Agreement. 3. Charges. The charges for disposal of MSW generated in McPherson County, shall be based upon the regular rates charged to Saline County residents, as those charges may be amended from time to time by resolution of the City's governing body (the "Base Rate"). 4. Billing Agreement. The City shall provide the MASWU with a monthly billing statement for charges incurred as a result of the disposal of MSW generated in McPherson County delivered to the Salina MSWLF by haulers specified by the MASWU in the written request. It shall be the responsibility of any other haulers delivering MSW generated in McPherson 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. 5. Salina MSWLF Rules and Regulations. McPherson County MSW shall be handled in the same manner and subject to the same ordinances, rules and regulations as apply to Saline County MSW. Any party transporting McPherson County MSW to the Salina MSWLF 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 Salina MSWLF. Any party transmitting only McPherson County MSW to the Salina MSWLF shall be exempt from the City's permit requirement for disposal of waste. 6. Special Handling or Equipment. If the McPherson County MSW requires special handling, equipment, or facilities not currently used in the City's operation of the Salina MSWLF, the MASWU shall be responsible for all costs associated with that special handling, equipment or facilities. 7. 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 McPherson County MSW in the Salina MSWLF 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 MASWU agrees that the driver of the vehicle or his designee must attach the chain to the vehicle. 8. Authorized Routes. Due to the potential number and weight of vehicles transporting MSW to the Salina MSWLF and their impact on road maintenance and safety, the City, in conjunction with Saline County, will designate authorized routes within Saline County for those vehicles transporting McPherson County MSW to the Salina MSWLF. 9. Default. In the event either party fails to perform any of the promises and covenants under this Agreement, 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. 10. Nonassignable. This Agreement and any rights granted herein shall not be assignable by either party. 11. 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 MASWU - Jason A. Gage, City Manager - Bill Ridge, General Manager IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF SALINA, KANSAS By: ~ Q VY\~ Donnie D. Marrs, Vice-Mayor ATTEST: .r" MCPHERSON AREA SOLID WASTE UTILITY BOARD OF DIRECTORS """"."'1 ", I", ..,' <1 SON '1 ~...~ ,,(;. 0'" ...'t....~.... *1'''~ .:::- ... ~~ .~;)&o __",,~ "'"" :: -\; ~~- "'.. (\'\ ~ - ~ . ". ~I T~~l...r it' "';. "? -;. - : ~~ '\",\....... ':, : = =--. ~ '::tk' ~ : ~- :: ~; .c"~ "_ ! '~ -; ~'t, T""'-<- ",'---4. . "';," -. ~~~... .., -;.. ,?l "'-:".. f"t ..~ "'.9 ~,'$ .,.. .....,:: --::.. .. () "'~"'''?I!::,...''".._>,,1; ~"'..."',.f ;1'';';.1$ ;"V'P. S r ~ 'J "\,..... J ;JwJhf" Ul.~'''\'\'' ~ L~~~ C~*--- ~ II \.