Transmittal - 11/3/2022
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
CITY COUNCIL TRANSMITTAL
______________________________ Date Received:
Lisa Shaffer, Chief Administrative Officer
Date Sent to Council:
TO: Salt Lake City Council DATE: November 1, 2022
Dan Dugan, Chair
FROM: Debbie Lyons, Sustainability Director ___________
SUBJECT: Salt Lake Valley Solid Waste Management Facility Proposed Budget 2023
STAFF CONTACTS: Chris Bell
Waste and Recycling Director
Christopher.Bell@slcgov.com | 801-535-6952
DOCUMENT TYPE: Information Item
RECOMMENDATION: This is an informational item sharing the Salt Lake County Mayor’s
Proposed 2023 Budget for the Salt Lake Valley Solid Waste Management Facility (SLVSWMF).
BUDGET IMPACT: Estimated impact for City Fiscal Year 2023 is $10,000 in additional revenue
to Refuse Fund related to owner distributions, and $22,000 in increased tipping fees which can be
covered by existing budget. Details provided below.
BACKGROUND/DISCUSSION:
The SLVSWMF is jointly owned by Salt Lake City and Salt Lake County. The SLVSWMF is
operated by Salt Lake County, and the budget is approved by the Salt Lake County Council. The
Interlocal Agreement establishing the joint interest is included as Attachment A.
The Salt Lake County Mayor’s proposed budget for the SLVSWMF Enterprise Fund, which was
transmitted to the Salt Lake County Council on October 25, 2022, is included as Attachment B. The
proposed budget is being provided to the Salt Lake City Council for informational purposes. The
Salt Lake County Council is scheduled to adopt their FY2023 budget on December 6, 2022.
Lisa Shaffer (Nov 3, 2022 14:24 MDT)11/03/2022
11/03/2022
ERIN MENDENHALL
Mayor
OFFICE OF THE MAYOR
P.O. BOX 145474
451 SOUTH STATE STREET, ROOM 306
SALT LAKE CITY, UT 84114-5474
WWW.SLCMAYOR.COM
TEL 801-535-7704
Below is a summary of the revenue and expense changes from the 2022 Adopted Budget to the
2023 Proposed Budget.
2022 Adopted
Budget
2023 Proposed
Budget Change Comment
Total Revenues* 16,173,000 17,603,000 1,430,000 -Transfer Station tipping
fee increase of $1 per ton
-Increase of 45,658 tons
projected in 2023
Total Expenses 16,111,000 17,436,000 1,325,000 -2 New FTEs
-Increased cost for
equipment maintenance,
fuel, contract hauling and
ground maintenance.
Net Op
Income/(Loss)
62,000 167,000 (105,000)
FTE Count 50 52 2 Full time, hourly for litter
control around landfill
perimeter, a service
previously contracted
through the County Jail
*The Revenue budget includes interest income of $215,000 and the expense budget includes owner
distributions of $960,000.
Impact on Refuse Fund
Revenue: An ongoing owners’ distribution from the Landfill is paid to the County and the City on a
monthly schedule. Distributions are calculated according to five categories: 1) methane gas sales; 2)
metal recycling revenue; 3) soil regeneration royalties; 4) time deposit interest earnings; and 5)
investment interest earnings. The Salt Lake County Fiscal Year 2023 budget includes an increase in
owners’ distributions from $920,000 to $960,000, divided equally between the partners. The City’s
share of the increase is $20,000 for the calendar year 2023, or $10,000 for the remainder of the City’s
fiscal year.
The City’s allocation is received as revenue to the Refuse Fund Class, Energy and Environmental
(E&E) Fund (“Refuse Fund”), and is used towards Sustainability staffing and operational expenses
in the E&E Fund, in accordance with Salt Lake City Code 9.08.040.
Expense: Tipping fees at the Transfer Station are proposed to increase by $1 per ton. This increase
is expected to have an annual impact of $44,000 on the Refuse Fund budget, or $22,000 for the
remainder of the fiscal year. This increase in cost to the Refuse Fund for FY23 can be covered by
existing budget.
'"-,,,,/
sue Contract No.03-3-01-8875
RECORDED
NOV 14 2000
Contract~
Salt Lake County
INTERLOCAL COOPERATION AGREEMENT
C~TY RECORDER
THIS AGREEMENT entered into between SALT LAKE CITY CORPORATION,a
municipal corporation of the State of Utah,hereinafter referred to as "CITY,"and SALT LAKE
COUNTY,a political subdivision of the State of Utah,hereinafter referred to as "COUNTY"to
create a SOLID WASTE MANAGEMENT FACILlTY,hereinafter referred to as "F ACILlTY."
WITNESSETH:
WHEREAS,the parties hereto have legal responsibilities with regard to providing solid
waste management and disposal services to their citizens;and
WHEREAS,the parties are desirous of consolidating the management of their respective
solid waste management and disposal facilities in order to avoid the duplication of functions,to
achieve greater economies of scale and system efficiencies,to access more effective
technologies,and to provide integrated solid waste services for the public over the long term;
and
WHEREAS,the parties recognize that certain support functions with regard to operation
of consolidated solid waste functions could well be provided by the COUNTY and by the CITY;
and
WHEREAS,the parties have heretofore entered into an Interlocal Cooperation
Agreement,dated the 25th day of August,1980,in which the above-mentioned goals were stated
and addressed;and
Attachment A(1)
WHEREAS,certain circumstances have arisen since that date which require the parties to
replace said Agreement to the end that said goals may better be accomplished;and
WHEREAS,Title 11,Chapter 13,Utah Code Annotated,1953,as amended,allows the
parties hereto to enter into a cooperative agreement of mutual advantage to provide services and
facilities in the best interests of their needs and development and to provide the benefit of
economies of scale;and
WHEREAS,the Mayor of Salt Lake City and the Chairman of the Board of
Commissioners of Salt Lake County have been authorized to make and execute this amended
Agreement by Resolution of the City Council of Salt Lake City,dated and
by Resolution of the Board of County Commissioners dated ~eJt'Jtl2e<r 420£.70
NOW,THEREFORE,in consideration of the promises,representations and conditions set
forth herein,the parties hereto agree as follows:
1.SOLID WASTE MANAGEMENT COUNCIL.A management council shall be
established to be known as the Salt Lake Valley Solid Waste Management Council (hereinafter
IICOUNCIL II ).
2.APPOINTMENT OF COUNCIL MEMBERS.
A.The COUNCIL shall consist of five (5)members,as follows:one member
designated by the Board of Salt Lake County Commissioners or the Mayor of Salt Lake County;
the Mayor of Salt Lake City;one elected official designated by the Salt Lake County Council of
Governments who is not a member of the governments party hereto but whose municipality is
serviced by the Solid Waste Management Facility;one member of the Salt Lake Valley Board of
Health or the Director of Health as designated by such Board;and one member with technical
2
expertise in the field of solid waste management,said expert member to be selected by the
COUNCIL members from the CITY,COUNTY and the Salt Lake Board Valley Board of Health.
B.Members of the COUNCIL designated in sub-paragraph A.above,may
delegate their authority and designate voting alternates as follows:The member designated by
the Board of Salt Lake County Commissioners or the Mayor of Salt Lake County may further
designate the Director of Public Works of Salt Lake County as an alternate;the Mayor of Salt
Lake City may designate the Public Services Director of Salt Lake City as an alternate;the
members designated by the Salt Lake County Council of Governments and the Director of the
Salt Lake Valley Board of Health may each further designate an alternate.In the event the
member or designated alternate can not attend a Council meeting an additional alternate may be
designated to attend the Council meetings.Because the technical expert member is selected for
their technical expertise,that member shall not be permitted to select or designate an alternate as
a member of the Council.
3.TERMS OF COUNCIL MEMBERS.Council members shall have terms as
follows:
A.Members required to be elected officials shall serve until expiration of the
current terms in the offices to which they were elected and may be reappointed for periods to
coincide with subsequent terms in elected office.
B.Members designated by the Salt Lake Valley Board of Health shall serve
terms concurrent with their term on the Board of Health or as Director of Health.
C.The term of the member of the Council selected for his/her technical
3
expertise in solid waste management shall be as determined bYli majority of the appointed
."e Ei\ll\l r)C~(:".
L-",~"'~..:1
members of the Council but not to exceed a period of four (4)years unless reappointed by a
Council majority.
4.REPLACEMENT OF COUNCIL MEMBERS.Any member may be replaced on
the Council at any time by the authority through whom such member was appointed.
5.QUORUM OF COUNCIL.Three members of the Councilor their alternates shall
constitute a quorum for the transaction of business.
6.ELECTION OF COUNCIL OFFICERS.Each year the Council at its first regular
meeting after the first Monday in January shall elect one of Its members as chair,another of its
members as first vice-chair who shall perform the duties of the chair during the absence or
disability of the chair,and another of its members as second vice-chair who shall perform the
duties of the chair during the absence or disability of the chair and the first vice-chair.
7.COUNCIL MEETINGS.The Council shall convene for regular meetings as
necessary to be held as determined by the Council.Special meetings may be ordered by the
chairman or a majority of the Council.All meetings shall comply with the provisions of the
Utah Open and Public Meetings Act,Section 52-4-7,Utah Code Annotated,1953,as amended.
8.POWERS AND DUTIES.The Parties delegate the following powers and duties
to the Council:
A.The establishment of rules and regulations for the conduct of Council
meetings as the members shall deem advisable;provided,however,that such rules and
regulations shall not be in conflict with this Agreement or city,county,state or federal law.
B.To adopt and alter all rules and regulations which it shall from time to
time deem in the public interest and most likely to advance,enhance,foster and promote safe and
4
efficient solid waste management for the conduct of the business of and the use and operation of
any solid waste transfer,processing,recycling and disposal facilities thereof,and for the
purposes of carrying out the objectives of this Agreement;but the operation of said facilities and
all rules and regulations in connection therewith shall not be in conflict with the terms of this
Agreement or any city ordinance,county ordinance,state or federal law.
C.Determining the method of establishmg rate structures for services or
facilities furnished to the public or to any person,firm or corporation,public or private,or for
granting rights,privileges,or concessions at the solid waste facilities;
D.To make determinations when required as to the public need and
convenience for concessionaires,services or facilities at the solid waste properties;
E.Appoint committees to study,consider and make recommendations on
matters to be presented to the Council.
F.Assist the Director in every way possible for the orderly operation of the
solid waste facilities and programs in order to best serve the local requirements for solid waste
management.
The Council shall make the following recommendations to the Parties for their approval:
A.The appointment and removal of an Executive Director (hereinafter
"Director")who shall be directly responsible to the Council for overseeing long term strategic
planning,policy development,external affairs,financial management,engineering and
operations.Once appointed the Director may only be removed for reasons consistent with Salt
Lake County Merit Rules and Regulations.The selection of solid waste personnel shall be the
responsibility of the Director,provided,however,that Council shall have the right to approve or
5
disapprove the number of employees hired.Nothing shall prevent the Council from appointing a
Salt Lake County merit employee as Director of the Facility.Nothing shall prevent the Director
from occupying other positions under the Salt Lake County Merit System,even though removed
as Director by the Council.
B.To approve all major construction and expansion projects for solid waste
transfer,recycling,processing and disposal operations which exceed ten thousand ($10,000.00)
dollars,The approval required in this section shall be in addition to all other approvals of other
governmental authorities required by law.
C.Expansion of facilities and the enhancement of old landfill sites for
beneficial use and the scheduling thereof.
D.To establish general provisions of agreements,contracts or leases which
may be brought before the Council.
E.To fix and determine exclusively the uses to which any of the landfill shall
be put;provided,that any use shall be necessary or desirable for solid waste disposal or
reclamation purposes.
F.Review and establish policy for all operations or activities that are major
in nature and require policy determinations.
G.Review and establish policy regarding programs related to income and
revenue so that the staging of capital improvement projects and land and equipment acquisitions
are within anticipated revenues and income projections.
H.The Council shall annually approve and recommend a budget prepared by
the Fiscal Manager of the Facility for the purpose of operating and maintaining expenditures and
approve the revenue necessary to provide funds for operating expenditures.The budget shall be
prepared and filed at such time as the parties shall designate and shall contain a full and detailed
estimate of the revenue required during the ensuing year for maintenance and operations,
showing therein the number of employees,by classification,and the amount of salary and wages
recommended for each.The expenditures for the maintenance and operations shall be limited to
projected fee revenues and budget appropriations made in advance by the parties.The parties
agree that the Facility be funded by fees through an enterprise fund and not tax resources.
1.Review not less often than yearly with the parties hereto the income from
all sources,the expenditures for all purposes,and the relationship of anticipated revenues to
anticipated expenditures including debt retirement.The Council shall approve and recommend
fee increases or decreases as they deem appropriate after requesting evaluations,financial
analysis and recommendations from the Director and the staff.
J.Annually determine disbursement of cash to owners,if any,from available
funds which are not required for other purposes.Funds disbursed must be used for solid waste
related purposes.Parties agree to annually provide a report as to the utilization of cash
disbursements to the Council.
K.Oversee the preparation and updates to the Salt Lake County Solid Waste
Management Plan.
L.To approve a long term strategic plan for the benefit of the public welfare
and environment as proposed by the Director.
9.REVIEW OF COUNCIL ACTIONS.All actions,which are not specifically
delegated to the Council by this agreement,shall be forwarded to the CITY and the COUNTY's
7
governing bodies.Those actions shall be reduced to writing and submitted to the business
offices of the CITY and the COUNTY.The CITY and the COUNTY shall thereafter have power
to review,ratify,modify or veto any action submitted by the Council.The CITY and COUNTY
shall promptly notify the Council in writing of the actions taken by them.Actions shall take
effect only upon ratification by the CITY and COUNTY.
10.ENABLING AUTHORITY.The parties hereto agree to adopt the ordinances and
resolutions necessary to enable the Council to act as required under this Agreement.
11.COMPENSAnON FOR COUNCIL MEMBERS..The Council will serve
without pay except for private members who shall be entitled to a fee as established by the
Council for attending each meeting.Payment may be altered from time to time by the Council.
All CouncIl members shall be reimbursed for actual and necessary travel and subsistence
expenses while in attendance at authorized Council meetings,conferences and seminars.
12.SOLID WASTE PROCESSING AND DISPOSAL SITES.The parties may
obtain further property for use as a solid waste management site,transfer station or waste
processing site under terms and conditions to be established at the time of any future site
acquisitions.
13.REAL AND PERSONAL PROPERTY.Any real and personal property
currently owned or acquired by the City and County for use by the Facility will be owned equally
by the parties to this agreement.Any real and personal property shall be purchased and disposed
of in compliance with state and local statutes and ordinances.Any proceeds from the disposition
of property shall be used for the benefit of the Facility or its owners.
8
'·_~·"'··'·..""··.,'ji ..n.SorneE
'.,!SO.S1ATE,RM,41 5
T LAKE en',UTAt-l 84111
14.PERSONNEL.All employees of the waste management facilities shall be
under the Salt Lake County Merit System and their employment status shall be governed by the
provisions of that system.
15.SUPPORT SERVICES.The following support services shall be provided by
the Solid Waste Management Facility Staff,the COUNTY,the CITY and by private contractors
on an administratively determined basis as recommended by the Director,staff,Council and as
approved by the COUNTY and CITY governing bodies,including but not limited to:
Attorney
Auditing
Engineering Support
Environmental Support
Payroll
Purchasing
Treasurer
Risk Management
Fleet Management
As said services are determined necessary,the Council may request them from the
COUNTY,CITY,or private contractor and the COUNTY,CITY or private contractor shall then
perform said services for a fee which will be set in advance by the Council and paid upon
itemized monthly billings by the governmental agency or private contractor providing the
service.
COUNTY and/or CITY agrees to maintain separate,accurate,and complete
records of services performed by any of its agencies in providing the services contemplated
herein and to make such records available upon request to the parties hereto or to the Council or
to the staff.
9
16.REIMBURSEMENT FOR SUPPORT SERVICES.The CITY and the COUNTY
shall be reimbursed from solid waste user fees for the actual cost of support services performed
and for the amounts of any claims (including tort liability and worker's compensation)paid by
the parties,as a result of the obligations imposed by this agreement.
17.EFFECTIVE DATE AND TERM.This agreement shall commence upon its
execution,and the duration shall be fIfty (50)years unless sooner terminated by a party hereto by
giving the other parties one (1)year's notice and making such financial arrangements as are
acceptable to the individual parties hereto.Such early termination must be fair and equitable to
all parties and must insure the ongoing management and operation of all facilities,unless all
parties desire to cease such operation,at which time the assets (land,buildings,eqUIpment,and
all other tangible assets)shall be divided on a fair and equitable basis,which include
contributions by the parties and all other factors the parties shall deem appropriate
18 TERMINATION.Upon termination of solid waste management and disposal
operations under any of the conditions set forth herein,the parties agree to retain responsibility
for and participate in any necessary work and/or expense to restore any sites used in said
operations to other uses,and to comply with any local,state,or federal law or regulations which
may apply during the life of this Agreement in any circumstances where the Council shall
terminate operations at any site in order to continue operations at another.
19.LIABILITY PROVISIONS.The parties agree that the Facility shall maintain a
designated reserve fund for personal injury and property damage liability.The Facility shall be
primarily liable to pay any claim,settlement,fine or court award of damages to the extent funds
are available in the account subject to the limits set forth in the Governmental Immunity Act of
10
of Utah Code Title 63 Chapter 30 Section 1 et seq.The Parties agree that the Facility and the
Parties shall pay only for claims arising from the operation of the Facility.By entering into this
agreement neither party waives any defense,immunity,reservation of right,or limit on liability
set forth in the Governmental Immunity Act.
Should funds not be available in the reserve account or in the event insufficient funds are
available the parties agree that each shall be secondarily liable in an equal amount to pay any
claim,settlement,fine or court award of damages.
The parties agree that a separate account shall be maintained for environmental
liability purposes.The Facility shall be primarily liable to pay any claim,settlement,COUlt
award of damages,or fine imposed to the extent funds are available in the account Should funds
not be available or in the event insufficient funds are available the parties agree that each shall be
secondarily liable in an equal amount to pay any claim,settlement,court award of damages or
fine.The funds in this account shall also be used for contaminatIOn cleanup and remediation
activities.The funds in this account shall be available for all landfill parcels operated jointly or
individuaHy by the parties to this agreement,subject to review and approval by the governing
parties of this Agreement.
20.This Agreement shall supersede that certain Interlocal Cooperation Agreement
between parties dated August 25,1980,which former Agreement shall henceforth be null and
void.
11
DATED this
---::;
,,/'--;
i
/
ATTEST:
RECORDED-
BOARD OF COMl\lISSJONERS OF
SALT LAKE COUNTY
APPROVED AS TO FORM tf,,!d li?!(;AI.ITI/
Salt Lake City,Attorney's Office:m.j~::
12
APPROVED AS TO FORM
Salt~f1Ce
By ,
Deputy Distliot AtlClrney
Date '1/Ll,Ituu_
OR~G'NAl DOelJ
Or T L/\J:'l:
S ()FF~'·CE
I so.SfATE,RM,415
T LAKE CITY,UTAH 84111
Salt Lake County
RESOLUTION NO.do IS
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
SALT LAKE COUNTY,UTAH,AUTHORIZING THE EXECUTION OF AN
INTERLOCAL AGREEMENT BETWEEN SALT LAKE COUNTY AND
SALT LAKE CITY
WHEREAS,Salt Lake County and the City of Salt Lake are local governmental units
under the laws of the State of Utah;and
WHEREAS,they are authorized by Title II,Chapter 13,U.C.A.1953,as amended,to
enter into contracts with each other,upon resolution to do so by their respective governing
bodies,for the purpose of performing a service which each is authorized by law to perform;
WHEREAS,the attached interlocal agreement has been prepared to accomplish said
purposes;
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of
Salt Lake County,Utah:
1.It does hereby approve the attached interlocal agreement generally described as
follows:
An Interlocal Agreement between the City of Salt Lake and Salt Lake County for
the operation of a Solid Waste Management Facility.
2.The Agreement attached hereto is hereby accepted and approved by the Salt Lake
County Board of Commissioners and the Chair is hereby authorized to execute said
agreement for and on behalf of Salt Lake County and to act in accordance with its terms.
APPROVED and ADOPTED this M day of ~envlu.~,2000.
BOARD OF COUNTY COMMISSIONERS
SALT LAKE COUNTY
1
j"-,..",~.--,
)')lttAA.j«;I
MARVeAllAGHAN v
ACTING CHAIR,BOARD OF COUNTY COMMISSIONERS
By
Attest:
APPROVED AS TO FORM
:::>d<Ch:"litey~ih
Oeputy District Attorney
Dale \1 \d\IJ\)-•
\...".,.IVV ,J J
Salt Lake City Corporation
Contract Routing Form
Nov 22,200008:54
Requesting Department:03
Department Monitor:RICK GRAHAM
Dept Administrator:RICK GRAHAM
Phone:
City Wide Agreement D
Requested:11/21/2000
Number of executed copies required by department:
Vendor Contract:
Vendor:SALT LAKE VALLEY SOLID WASTE
LANDFILL1/2-fu V
7)r/""'/J 'c.",2001 S STATE ST#N3100
;-~LK.1f2-0C1l--r C-eJ fl;
{ufll ~\).)(iJ-fAr,,!"(?)'.
-I".'.~SALT LAKE CITY UT84190-4000
/'iJ'li .~'-(Nl:'"!.-tPL('1.~:z'"vk.t0,v(,I -....--I '1 Vendor cpntact.Phone:
Contract Title
INTERLOCAL -MGMT OF SOLID WASTE MGMT FACILITIES
Peld:031:f
~
~~RECORDED
(fJ"
~NOV 1"2000
CITY RECORDER
~atory Authority:(Check One)
Mayor:-\?--
Authorized Designee:_
Procurement Official:
Department Head:
Insurance Required:N
Perf Bond Required:N
Pmt Bond Required:N
Expires:
Expires:
If Insurances or Bonds are required but not attached.explain on the reverse side.
Project:
RfplBid Number:
Bid Date:
Spec Nmbr:
Extension Options:0
Old Contract:Contract Number:03 3 01 8875
Starts:
Ends:
Term:
Stop Payments:
Limit:$0000
For Attorneys fice Use Only:~ll/L/VV:v......,M.)f.:ID~v_u..:~
This document has been approv
Recorders office:Please return completed package to:-+~~=--=---'---'--'--'--'~--------
See attached for Routing Box and C~trib~~n'n~~
Salt Lake City-(;orporation
Contract Activation
Contract Nbr:03 3 01 8875 Status:A City Wide:N
~---------
Title:INTERLOCAL -MGMT OF SOLID WASTE MGMT FACILIT
~_._-----
Vendor 03141 SALT LAKE VALLEY SOLID WASTE
.~-------
Dept Contact:RICK GRAHAM
~---------
Starts:Ends:
---~--
Term:Units:
~vv , I f
Limit:$0.00
Contract Activation was successful.
P)(@'CJ/bLiG
Contract No.r)';.e ~/5@ e
D.A.0.2008-1285
SlC-C20fJ-rtLAer*D3-}D).~875-1
INTERLOCAL COOPERAnON AGREEMENT
SOLID WASTE MANAGEMENT
SALT LAKE COUNTY AND SALT LAKE CITY
RECORDED
OCT 07 2009
CITY RECORDER
THIS INTERLOCAL COOPERATION AGREEMENT (this "Agreement")is entered
into between SALT LAKE CITY CORPORATION,a Utah municipal corporation (the "CITY"),
and SALT LAKE COUNTY,a political subdivision of the State of Utah (the "COUNTY").The
CITY and the COUNTY are referred to collectively as the "Parties."
RECITALS
A.The Parties have legal responsibilities to provide solid waste management and
disposal services to their citizens.
B.The Parties desire to consolidate the management of their respective solid waste
management and disposal facilities in order to avoid the duplication of functions,to achieve
greater economies of scale and system efficiencies,to access more effective teclmologies,and to
provide integrated solid waste services for the public over the long term.
C.The Parties recognize that certain support functions with regard to operation of
consolidated solid waste functions could well be provided by the COUNTY and by the CITY.
D.The Parties have previously entered into an Interlocal Cooperation Agreement,
dated the 14 th day of November,2000,in which the above-mentioned goals were stated and
addressed.
PLEASE RETURN TO:
S,\LT LAKE COUNTY CONTRACTS
2001 S.STATE ST.#N4500
SALT LAKE CITY,UT 84190
Attachment A(2)
E.Certain circumstances have arisen since the execution of that prior agreement that
require the Parties to amend and restate that agreement to the end that the Parties'goals may be
better accomplished.
F.The Utah Interlocal Cooperation Act,Title 11,Chapter 13,Utah Code Annotated,
1953,as amended,allows the Parties to enter into a cooperative agreement of mutual advantage
to provide services and facilities in the best interests of their needs and development and to
provide the benefit of economies of scale.
G.The Mayor of the CITY and the Mayor of the COUNTY have been authorized to
make and execute this amended Agreement as provided by law.In consideration of the
promises,representations and conditions set forth herein,the Parties agree as follows:
AGREEMENT
1.FACILITY.
The Parties shall jointly own and operate the Salt Lake Valley Solid Waste
Management Facility (together with any other joint solid waste transfer,processing,recycling,or
disposal facilities of the Parties,the "Facility").
2.SOLID WASTE MANAGEMENT COUNCIL.
A management council shall be established,to be known as the Salt Lake Valley
Solid Waste Management Council (the "COUNCIL").
3.APPOINTMENT OF COUNCIL MEMBERS.
The COUNCIL shall consist of five (5)members,as follows:the COUNTY's
Mayor,or a designee of said Mayor;the CITY's Mayor,or a designee of said Mayor;one elected
official,or a designee of said official,designated by the Salt Lake County Council of
2
Govenunents,who is not an official or an employee of the COUNTY or the CITY but whose
municipality is served by the Facility;one member of the Salt Lake Valley Board of Health or the
Director of Health as designated by such Board,or a designee of the Salt Lake Valley Board of
Health or the Director of Health,as the case may be;and one member with technical expertise in
the field of solid waste management,said expert member to be selected by the COUNCIL
members who represent the CITY,the COUNTY,and the Salt Lake Valley Board of Health.
4.TERMS OF COUNCIL MEMBERS.
COUNCIL members shall have terms as follows:
A.Members required (0 be elected officials shall serve until expiration of the
current term of their elected office and may be reappointed for periods to coincide with
subsequent terms of their elected office.
B.Members designated by the Salt Lake Valley Board of Health shall serve
terms concurrent with their term on the Board of Health or as Director of Health;or a designee of
the Board of Health or Director of Health,shall serve until replaced by the Board of Health or
Director of Health,as applicable.
C.The term of the member of the COUNCIL selected for his or her technical
expertise in solid waste management shall be as determined by a majority of the COUNCIL
members,but shall not exceed four (4)years unless the member is reappointed by a majority of
the COUNCIL members for one additional period of not to exceed a period of four (4)years.
This provision limiting the term of the technical expert shall not be applied retroactively.
3
5.REPLACEMENT OF COUNCIL MEMBERS.
Any COUNCIL member,except those who are elected officials whose terms have
not yet expired,may be replaced at any time by the authority through whom such members were
appointed.
6.OUORUM OF COUNCIL.
Four members of the COUNCIL shall constitute a quorum for the transaction of
business.
7.COUNCIL OFFICERS.
Beginning January 2,2009 the COUNTY's representative shall become chair of
the COUNCIL and the CITY's representative shall become the vice-chair of the COUNCIL,who
shall perform the duties of the chair during the absence or disability of the chair.On the first
business day of each subsequent calendar year the CITY'S representative and the COUNTY'S
representative shall trade positions as chair and vice-chair,as the case may be.
8.COUNCIL MEETINGS.
The COUNCIL shall convene for regular meetings to be held as determined by the
COUNCIL.Special meetings may be ordered by the chair or a majority of the COUNCIL
members.All meetings shall comply with the Utah Open and Public Meetings Act,Title 52
Chapter 4,Utah Code Annotated,1953,as amended.
9.APPOINTMENT AND REMOVAL OF THE DIRECTOR.
The COUNTY's Mayor,after consulting with the CITY's Mayor,and after
consulting with and receiving the recommendation of the COUNCIL,shall appoint an Executive
Director (the "Director")who shall be directly responsible to the COUNCIL for overseeing the
4
long term strategic planning,policy development,external affairs,financial management,
engineering,and operations of the Facility.The Director may only be removed by the
COUNTY's Mayor,after consulting with the CITY's Mayor and the COUNCIL.The Director
shall select employees for the Facility;however,the COUNCIL shall have the right to approve or
disapprove the number of the employees hired.Nothing herein shall prevent the COUNTY's
Mayor or designee from appointing a COUNTY merit employee as Director.Nothing herein
shall prevent the Director from occupying other positions under the COUNTY's merit system,
even though removed as Director.
10.POWERS AND DUTIES.
The COUNCIL shall have the following powers and duties:
A.To establish rules and regulations for the conduct of COUNCIL meetings
as the members shall deem advisable;provided,however,that such rules and regulations shall
not conflict with this Agreement or applicable COUNTY,CITY,state,or federal law.
B.To adopt and amend rules and regulations that it shall from time to time
deem to be in the public interest and most likely to advance,enhance,foster and promote safe
and efficient solid waste management relative to the business,use,and operation of the Facility,
and for the purposes of carrying out the objectives of this Agreement;but the operation of the
Facility and all rules and regulations in connection therewith shall not conflict with the terms of
this Agreement or any applicable CITY ordinance,COUNTY ordinance,state law,or federal
law.
5
C.To establish rate structures and fees for services or facilities furnished to
the public or to any person,firm,or corporation,public or private,or for granting rights,
privileges,or concessions at the Facility.
D.To make determinations when required as to the public need and
convenience for concessionaires,services or facilities at the Facility.
E.To appoint committees to study,consider and make recommendations on
mailers to be presented to the COUNCIL.
F.To assist the Director in every way possible for the orderly operation of the
Facility and programs related to the Facility in order to best serve local requirements for solid
waste management.
G.To review not less often than yearly with the Parties the annual budget,
including income from all sources,the expenditures for all purposes,and the relationship of
anticipated revenues to anticipated expenditures including debt retirement,all with respect to the
Facility.
H.To review annually the disbursement of cash,if any,to the CITY and the
COUNTY from available funds that are not required for other purposes ..The cash shall be
divided equally between the COUNTY and the CITY.The CITY and COUNTY reserve
whatever right they may have to use their portion of any such disbursed funds for any
governmental purposes allowed by law.Nonetheless,both the COUNTY and the CITY must
mutually agree to any amount of funds to be distributed to the Parties.
1.To oversee the preparation and updates to the Salt Lake County Solid
Waste Management Plan.
6
J.To approve a long tenn strategic plan for the benefit of the public welfare
and environment as proposed by the Director.
11.RECOMMENDATIONS OF THE COUNCIL.
The COUNCIL shall make recommendations to the CITY and the COUNTY
regarding the following:
A.The appointment and removal of the Director.
B.All construction and expansion projects for solid waste transfer,recycling,
processing and disposal operations,the cost of which exceeds ten thousand dollars ($10,000.00).
C.The expansion of facilities and the enhancement of old landfill sites for
beneficial use and the scheduling thereof.
D.The establishment of the general provisions of agreements,contracts,or
leases that may be brought before the COUNCIL.
E.The fixing and detennining the Facility's uses;provided that any use shall
be necessary or desirable for solid waste disposal or reclamation purposes;
F.The establishment of public policy for all major operations or activities
that require policy determinations.
G.The establishment of public policy regarding programs related to income
and revenue in order that the staging of capital improvement projects and land and equipment
acquisitions are within anticipated revenues and income projections.
H.The annual budget prepared by the fiscal manager of the Facility,for the
Facility,including a recommendation regarding the revenue necessary to provide funds for
operating expenditures.
7
12.BUDGET.
The Council shall prepare and file with the Parties a budget for the Facility at such
time as the Parties shall designate.The budget shall contain a full and detailed estimate of the
revenue required during the ensuing year for maintenance and operations,showing therein the
number of employees,by classification,and the amount of salary and wages recommended for
each.The expenditures for maintenance and operations shall be limited to projected fee revenues
and budget appropriations made in advance by the Parties.The Parties agree that the Facility
shall be funded by fees through an enterprise fund and not from taxes.
13.REVIEW OF COUNCIL ACTIONS.
All actions which are not specifically delegated to the COUNCIL by this
Agreement shall be the responsibility of the CITY and the COUNTY.The COUNCIL shall
describe its planned actions by way of minutes of all meetings,taken in writing or electronically,
and submit the description to the business offices of the CITY's Mayor and the COUNTY's
Mayor.The CITY's Mayor and the COUNTY's Mayor shall thereafter each have power to
review,ratify, modify,or veto any action described by the COUNCIL.The CITY's Mayor and
COUNTY's Mayor or their designees shall promptly notify the COUNCIL,in writing or
electronically,of the actions taken by them.Actions shall take effect only upon ratification by
the CITY's and COUNTY's mayors.
14.ENABLING AUTHORITY.
The Parties shall adopt the ordinances and resolutions necessary to enable the
COUNCIL to act as required under this Agreement.
8
15.COMPENSATION FOR COUNCIL MEMBERS.
COUNCIL members employed by a public entity shall serve without pay.
Privately-employed members shall be entitled to a fee set by the COUNCIL for attending each
meeting.The COUNCIL may alter that fee from time to time.All COUNCIL members shall be
reimbursed for actual and necessary travel and subsistence expenses while in attendance at
authorized COUNCIL meetings,conferences and seminars.
16.SOLID WASTE PROCESSING AND DISPOSAL SITES.
The Parties may obtain further property for use as a solid waste management site,
transfer station,or waste processing site under terms and conditions to be established at the time
of any future site acquisitions.
17.REAL AND PERSONAL PROPERTY.
Any real or personal property currently owned or acquired by the CITY or the
COUNTY for use by the Facility shall be owned equally by the Parties.Any real or personal
property shall be purchased and disposed of in compliance with applicable state and local statutes
and ordinances.Any proceeds from the disposition of property shall be used for the benefit of
the Facility or the Parties.
18.PERSONNEL.
All employees,except temporary employees,of the Facility shall be under the Salt
Lake County Merit system and their employment status shall be governed by the provisions of
that system.
9
19.SUPPORT SERVICES.
A.The following support services shall be provided by the Facility staff,the
COUNTY,the CITY and by private contractors on an administratively determined basis as
recommended by the Director,staff,and the COUNCIL and as approved by the respective
governing bodies of the COUNTY and the CITY.Such services shall include,without
limitation:
Attorney
Auditing
Engineering Support
Environmental Support
Payroll
Purchasing
Treasurer
Risk Management
Fleet Management
B.As the services are determined necessary,the COUNCIL may request
them from the COUNTY,the CITY,or a private contractor and the COUNTY,the CITY,or the
private contractor shall then perform said services for a fee set in advance by the COUNCIL.
The COUNCIL shall pay the fee upon receipt of itemized monthly billings from the
governmental agency or private contractor providing the service.
C.Each of the COUNTY and the CITY shall maintain separate,accurate,and
complete records of services performed by it or its agencies in providing the services
contemplated herein and shall make such records available upon request to the other Party and to
the COUNCIL or its staff.
10
20.REIMBURSEMENT FOR SUPPORT SERVICES.
The CITY and the COUNTY shall be reimbursed from solid waste user fees for
the actual cost of support services performed and for the amounts of any claims (including tort
liability and worker's compensation)paid by either of the Parties as a result of the obligations
imposed by this Agreement.
21.EFFECTIVE DATE AND TERM.
The term of this Agreement shall commence upon its execution,and the duration
shall be fifty (50)years unless sooner terminated by a Party by giving the other Party one (I)year
written notice and making fmancial arrangements which are acceptable to the other Party.Any
early termination must be fair and equitable to all Parties and must insure the ongoing
management and operation of the Facility,unless all Parties desire to cease such operation of the
Facility,at which time the Facility's assets (land,buildings,equipment,and all other tangible
assets)shall be divided on a fair and equitable basis,which include consideration of
contributions made by the Parties and all other factors the Parties shall deem appropriate.
22.TERMINATION.
Upon termination of solid waste management and disposal operations under any
of the conditions set forth herein,the Parties shall retain responsibility for and shall equally share
in the cost of any work,services or materials required to restore,close,monitor,or change any
sites used in said operations to other uses,and shall comply with any applicable local,state,or
federal law or regulation in the event the COUNCIL terminates operations at any site in order to
continue operations at another.
11
23.LIABILITY PROVISIONS.
A.The Facility shall maintain a designated reserve fund for personal injury
and property damage liability.The Facility shall be primarily liable to pay any claim,settlement,
fine or court award of damages to the extent funds are available,subject to the limits set forth in
the Utah Governmental Immunity Act,Section 63G-7-101,et seq.(UCA).
E.The Facility and the Parties shall pay only for claims arising from the
operation of the Facility.By entering into this Agreement neither Party waives any defense,
immunity,reservation of rights,or limits on liability set forth in the Governmental Immunity Act.
C.If funds are not available in a reserve account or if insufficient funds are
available,each Party shall be secondarily liable in an equal amount to pay any claim,settlement,
fine or court award of damages.
D.A separate account shall be maintained for environmental liability
purposes.The Facility shall be primarily liable to pay any claim,settlement,court award of
damages,or fine imposed to the extent funds are available in the account.If funds are not be
available or if insufficient funds are available,each Party shall be secondarily liable in an equal
amount to pay any claim,settlement,court award of damages or fine.The funds in this account
shall be available for all landfill parcels operated jointly or individually by the Parties, subject to
review and approval by the respective governing bodies of the Parties.
24.SUPERSEDING.
This Agreement shall supersede that certain Interloca1 Cooperation Agreement
between the Parties dated November 14,2000,and shall also supersede any provisions of an
12
earlier agreement,dated August 25,1980,which may be still considered applicable to any
operation of the Facility,which former agreements shall henceforth be null and void.
25.REPRESENTATION REGARDING ETHICAL STANDARDS FOR CITY OR
COUNTY OFFICERS AND EMPLOYEES AND FORMER CITY OR COUNTY OFFICERS
AND EMPLOYEES.
Each Party represents that it has not:(1)provided an illegal gift or payoff to a
CITY or COUNTY officer or employee,or former CITY or COUNTY officer or employee,or
his or her relative or business entity;(2)retained any person to solicit or secure this Agreement
upon an agreement or understanding for a commission,percentage,brokerage or contingent fee,
other than bona fide employees or bona fide commercial selling agencies for the purpose of
securing business;(3)knowingly breached any of the ethical standards set forth in the CITY's
conflict of interest ordinance,Chapter 2.44,Salt Lake City Code or the COUNTY's Ethics Code,
Chapter 2.07,Salt Lake County Code of Ordinances;or (4)knowingly influenced,and hereby
promises that it will not knowingly influence,a CITY or COUNTY officer or employee or
former CITY or COUNTY officer or employee to breach any of the ethical standards set forth in
the CITY's conflict of interest ordinance,Chapter 2.44,Salt Lake City Code or the COUNTY's
Ethics Code,Chapter 2.07,Salt Lake County Code of Ordinances.
SALT LAKE CITY CORPORATION
By-/fllJ<~_~
CITY
PLEASE RETURN TO:
Sfc,1..T LAKE COUNTY CONTRACTS
2001 S.STATE ST.#N4500
SALT LAKE CITY,UT 84190
13
APPROVED AS TO fORM
Salt Lake City Attorney's 0lIl08
Date to -c;~Cl9
By ¥-1-1C=::
SALT LAKE COUNTY
By_-ll-/li!W-'------'----=:........L-~__=___
Mayor or Designee
STATEOFUTAH )
:ss.
County of Salt Lake )
On this q day of :,,)IAj~,2009,personally appeared before me
])ou,~IJ~j Um~li'e,,who being duly sworn,did say that (s)he is the
U',d :~\>\..i;t'R t.ve..-()f-fi ¢-411,of Salt Lake County,Office
of Mayor,and that the foregoing instrument was signed on behalf of Salt Lake County,by
authority oflaw.
[SEAL]
(I),KAREN R.LOWE'~W''''''''''NOTARY PUBLIC·STATE OF UTAH:.~;2001 S.STATE STREET N-2100
'"..SALT lAKE CITY.UT 841 90
....MyComm.Exp.01/08/2010
PLEASE RETURN TO:
SIl,I.T LAKE COUNTY CONTRACTS
2001 S.STATE ST.#N4500
SALT LAKE CITY,UT 84190
NOTARY VELIC
Residing in Salt Lake County,Utah
14
SALT LAKE COUNTY UTAH
RESOLUTION No.Yd-q0 Date:JiAne 30,;}ooq
1
A RESOLUTION OF THE SALT LAKE COUNTY COUNCIL AUTHORIZING
THE EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN SALT LAKE
CITY CORPORATION,A MUNICIPAL CORPORATION OF THE STATE OF UTAH
AND SALT LAKE COUNTY,A BODY CORPORATE AND POLITIC OF THE STATE
OF UTAH FOR THE JOINT OWNERSHIP AND OPERATION OF THE SALT LAKE
VALLEY SOLID WASTE MANAGEMENT FACILITY AND RELATED FACILITIES.
SiJ6JecTfofu flO Vi7j()(l~bf ~11-13-20'}...'5 rv
WHEREAS,the Legislature of the State of Utah has providefin Title 11,Chapter 13,of
Utah Code Ann.(1953,as amended),ElHElsj3eeifieBlly in §11-13-181,that any two or more
public agencies may enter into agreements with one another for joint or cooperative action
following the adoption of an appropriate resOlu~iO by the gev@fHwgbodyofeachparticipatingOM
publIc agency pnor to such agreement entenng to force;and 19A'S-1..()h~-,
uJhtlt te~ulT1#~sfqjv{r£,-J'
WHEREAS,Salt Lal,e City and Salt Lake County,both public agencies of the state of
Utah,have previously entered into an interlocal agreement for the joint ownership and operation
of the Salt Lake Valley Solid Waste Management Facility and related facilities;and
WHEREAS,the parties desire to restate and amend said agreement to provide for
changes in the sharing of the revenues of said agreement and to restate other portions of the
agreement to accommodate changes in the operation and management of the facilities;and
WHEREAS,the restated agreement requires Salt Lake County to employ staff to
manage and operate the facilities and annually budget for said staff and related expenses
necessary for the efficient operation and management of the facilities.
NOW,THEREFORE,BE IT RESOLVED by the County Council of Salt Lake County
that the amended and restated interlocal agreement between Salt Lake City Corporation and Salt
Lake County for the joint operation of the Salt Lake Valley Solid Waste Management Facility
and related facilities and operations is hereby approved and the Mayor of Salt Lake County is
hereby authorized and directed to execute the same on behalf of Salt Lake County.
APPROVED AND ADOPTED BY THE COUNTY COUNCIL OF SALT LAKE
COUNTY,STATE OF UTAH,THIS~InAYOF Win'€.-,2009.
PLEASE RETURN TO:
~r\LT LAKE COUNTY CONTRACTS
2001 S.STATE ST.#N4500
SALT LAKE CITY,UT 84190
ATTEST:
Salt Litke County Clerk
Pte9/bL!C
1(&..50 CU 1/0 tV l(.;z.q (J
SALT LAKE COUNTYCOUNCIL
By_----c-.;-¥=-:---::-:----:-_
tch,Chair
ke County Council
PLEASE RETURN TO:
}\:-~..AKE COUNTY CONTRACTS
,':J1 S.STATE ST.#N4500
~'P.LT LAKE CITY,UT 84190
Councilmember Allen voting
Councilmember Bradley voting
Councilmember Burdick voting
Councilmember Hatch voting
Council member Horiuchi voting
Councilmember Iwamoto voting
Councilmember Jensen voting
Councilmember Wilde voting
Councilmember Wilson voting
Salt Lake City Corporation
Contract Activation
Contract Nbr:03 3 01 8875 1 Status:A City Wide:N--------
Title:INTERLOCAL -MGMT OF SOLID WASTE MGMT FACILr
Vendor 03141 SALT LAKE VALLEY SOLID WASTE
Dept Contact:LINDA BENTON
Starts:10/6/2009 Ends:10/5/2059
Term:50 Units:YR
$0.00Limit:------'--
Contract Activation was successful.
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Attachment B
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