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Solid Waste Disposal Agr 1994 SOLID WASTE DISPOSAL AGREEMENT -M. This So 'd Waste Disposal Agreement is entered into pursuant to K.S.A.12-2908 this 8::. day of , 1994, by and between the City of Salina, Kansas (the "City")and Ottawa Coun , ansas (the "County"). Recitals A. The City owns and operates a solid waste disposal area known as the Salina Landfill and legally described as: Section Seven (7), Township Fifteen (15), Range Three (3) West of the 6th P.M. in Saline County, Kansas (the "Salina SWDA") 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. 93-4605 adopted June 7,1993, expressed its desire to cooperate with counties in the North Central Kansas Regional Planning Commission ("NCKRPC") area by providing a means for the disposal of waste generated in those counties in the Salina SWDA. D. Ottawa County desires to dispose municipal solid waste ("MSW") generated in Ottawa County in the Salina SWDA. IN CONSIDERATION of the mutual promises and covenants set forth herein, the parties agree as follows: 1. Authorization. The City authorizes the County to dispose of MSW generated in the County by depositing such waste in the Salina SWDA pursuant to the terms and conditions of this Agreement. 2. Term. This Agreement shall be effective commencing August 4, 1994 and shall remain in effect until April 5, 1997, unless otherwise terminated as provided in this Agreement. 3. Charges. The charges for disposal of MSW generated in Ottawa 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"), plus a $2 per ton host county special charge. a. Beginning rate. The parties acknowledge that the City's governing body has set a Base Rate of $16 per ton, effective May 1, 1994. Consequently, beginning August 5, 1994, Ottawa County MSW will be received by the Salina SWDA for a charge of $18 per ton ($16 Base Rate plus $2 special charge). b. Future changes. While the Base Rate may change during the term of this Agreement, the $2 per ton special charge shall remain the same throughout the term of this Agreement. For example, if the City'sgoverning body increases the Base Rate by $1 per ton (to $17) effective January 1, 1995, the rate for Ottawa County MSW would be $19 per ton ($17 Base Rate plus $2 special charge). 4. Vehicle type. The charges outlined in paragraph 3 shall apply to all MSW generated in the County for disposal in the Salina SWDA, regardless of whether the MSW is delivered to the Salina SWDA by privately owned vehicle, commercial vehicle, or county vehicle. 5. Billing arrangement. At the written request of the County, the City shall provide the County with a monthly billing statement for charges incurred as a result of the disposal of MSW generated in Ottawa County delivered to the SWDA by haulers specified by the County in the written request. It shall be the responsibility of any other haulers delivering MSW generated in Ottawa 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. 6. Salina SWDA rules and regulations. Ottawa 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 Ottawa County MSW to the Salina SWDA for disposal pursuant to this Agreement shall be deemed to have submitted to the City's jurisdiction for purposes of enforcement of the City's ordinances, rules and regulations relating to the disposal of solid waste in the Salina SWDA. Any party transmitting only Ottawa County MSW to the Salina SWDA shall be exempt from the City's permit requirement for disposal of waste originating outside Saline County. 7. Special handling or equipment. If the Ottawa County MSW requires special handling, equipment, or facilities not currently used in the City's operation of the Salina SWDA, the County shall be responsible for all costs associated with that special handling, equipment or facilities. The County and the City anticipate at this time that Ottawa County MSW will be transported to the Salina SWDA in the following types of vehicles: a. b. c. d. e. -2- 8. 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 Ottawa County MSW in the Salina SWDA 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 County agrees that the driver of the vehicle or his designee must attach the chain to the vehicle. 9. Household hazardous waste. Residents of Ottawa County will be permitted to deliver and dispose of Household Hazardous Waste ("HHW") at the City'sdesignated HHW drop-off site during its announced hours of operation. Any special collection effort in Ottawa County shall be the responsibility of the County, unless specific arrangements are made with the City to participate or to receive the collected HHW. 10. Authorized routes. Due to the potential number and weight of vehicles transporting MSW from NCKRPC area counties to the Salina SWDA 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 Ottawa County MSW to the Salina SWDA. 11. Environmental oversight committee. The County shall be entitled to have a representative on an Environmental Oversight Committee for the Salina SWDA. 12. Licensing and compliance. The City shall maintain all necessary licenses and comply with all applicable law in its operation of the Salina SWDA. 13. 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 . 14. Nonassignable. This Agreement and any rights granted herein shall not be assignable by either party. 15. 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 County - Dennis M. Kissinger, City Manager - C. Richard Comfort, County Attorney -3- IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. CITY OF SALINA, KANSAS ATTEST: ~~!J~ Ju y D. g, City Cler OTTAWA COUNTY, KANSAS BOARD OF COMMISSIONERS ~.J /417--f.-dt.~ Max . Hoesh ;6?;ffJ .;r: &~(/?1- Bill R. Brown ATTEST: -4-