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HomeMy WebLinkAbout2007-OR-65 2007-0R- 05 BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE IN THE STATE OF INDIANA ORDINANCE APPROVING THE 2008 INTERLOCAL JOINT COOPERATION AGREEMENT CONCERNING THE IMPLEMENTATION OF CURBSIDE RECYCLING PROGRAMS IN CITIES, TOWNS AND DESIGNATED AREAS OF THE CLARK COUNTY SOLID WASTE MANAGEMENT DISTRICT WHEREAS, the Common Council of the City of Jeffersonville (the "Council") entered into an Interlocal Joint Cooperation Agreement Concerning the Implementation of Curbside Recycling Programs in Cities, Towns and Designated Areas of the Clark County Solid Waste Management District (the "Agreement"), which was subsequently extended; and WHEREAS, the Agreement has expired; and WHEREAS, the Council believes it is in the best interest of the citizens and taxpayers of the City that the City have an Agreement; NOW, THEREFORE, IT IS HEREBY ORDAINED that the Council does hereby approve and adopt the provisions of the Agreement attached hereto as Exhibit A and incorporated by reference herein. Approved and signed by me , 2007. Robert L. Waiz,Jr. Presiding Officer ATTEST: o~ iJ~pJ Peggy der Clerk and Treasurer Pre~ented ~y me a.s Cleit and Treasur,eJ;- to the Mayor of said City of Jeffersonville, IndIana thIs ~ day of '-I/(t{J-0.Al~ ,2007 at ( moo G . A ..J _~ li.mJ/J PeggyV ilder Clerk and Treasurer o~ance approved and , 2007 at : ID is .1ft: day of 2 09/20/2007 21:34 2855458 JEFF PAGE 03/07 EXHIBIT I ~\A'I INTERLOCAL JOINT COOPER.<\. nON AGREEMENT CONCERNING THE IMJILEMENTATION OF CURBSIDE RECYCLING PROGRAMS IN CITIES, TOWNS AND DESIGNATED AREAS OF THE CLARK COUN1Y SOLID WASTE MANAGEMENT DISTRICT (Effective January 1, 1008) THIS AGREEMENT made and entered into on the dates hereinafter shown, pursuant to I.e. 36-1-7, as amended, by and between two (2) or more of the following named entities who authorize the execution hereof: this Intertocal Agreement having been presented to the following: the Board of Commissioners of Clark County, Indiana; the Town of New Providence (commonly and hereafter referred to as '.Borden"), Indiana; the City of Charlestown, Indiana; the Town of Clarksville, Indiana; the City of Jeffersonville. Indiana; the Town ofSeUersburg, Indiana; and the: Town of Utica, Indiana (collectively, the ('Participating GovernmentS" or al.terr..atively the ..Parties"). WHEREAS the Clark County Solid Waste Management District Board of Directors (':'District") is a duly-authorized and existing entity pursuant to I.e. 13-1 12-1 and I.e. 13-9.5~1- 29; as amended~ WHEREAS the Clark County Solid Waste Management District serves a single-county district pursuant to I.e. 13-9.5-2-5, as amended, said single:-cCrunty" being Clark County, Indiana; WHEREAS the District Board bas, heretofore,_' approved a District Solid Waste Management Plan and amendments thereto ("the. Plan") as is requited by LC 13..9.5-4..1, as amended. and has complied with. an requirements of notice and public hearing as required by law prior to submission of the Plan to appropriate state authorities; WHEREAS the City of Jeffersonville. the Town of Clarksville, the City of Cbarlesto",n~ Town of Borden and the Town of Sellersburg are incorporated govemmental units within the District ('"the cities and- town," .'governmental entity or entities" where applicable herein); WHEREAS the Board of Commissioners of Clark County, Indiana ("Commissioners") is responsible for the general ad.ministrative government of the unincorporated areas of the county and expressly excludes said areas from participation in a joint curbside recycling program for the county as a whole. Said Board of Commissioners, however, hereby encourages separate homeowner associations, groups, neighborhoods and the like (hereafter "other participating groups") that are reasonably contiguous to participating cities and towns, to participate in the curbside recycling program. where feasible. The Board of Commissioners specifically consents to the above mentioned participation, grants any other participating groups within its jurisdiction the explicit authority to contract with the elm Cotmty Solid Waste Management District and expressly agrees to in no way interfere, or adversely effect, any of the above contractual relationships that may occur; W"HEREAS the cities and to"'n5, or any other participating groups, by their duly- authorized representatives wbose signatures appear hereon, are each, respectively, desirous of 09/20/2807 21:34 28564t,:3 .JE:=-F F'AGE 84/07 entering into a joint curbside recycling program for the geographical area located within their respective corporate/municipal boundaries ("the cities and towns")~ WHEREAS the District, pursuant to l.e. 13-9.52-11 et seq" as amended, has the power to develop and implement a solid waste management plan, the power to receive and disburse fu.t1ds, the power to otherwise do all things necessary for the reduction, management and disposal of solid waste and the recovery of waste products from the solid waste stream. the power to adopt resolutions that have the force of law and the pOwer to enter into Interlocal cooperation agreements for fiscal, administrative, managerial or operational services from a county or municipality; WHEREAS I.e. 36-1-7-2, 36-1-7-3 and 36-1-7-12, as amended. provide the legal mechanism for the Commissioners, the cities and towns, any other. participating groups and the District to enter into an lnterlocal j oint agreement for mandatory curbside recycling programs in the District, consistent to the Plan previously submitted to state authorities by the District ("Interlocal Agreement"); \VHEREAS the cities and towns, any other participating groups and the District have executed "A Resolution and Ordinance Establishing Mandatory Curbside Recycling Within the Corporate Boundaries of Designated Cities and Towns and Within Designated Unincorporated Areas of the Clark County Solid Waste Management District and For Regulating Recycling in the District" ("the Resolution and Ordimmce~~), which contains provisions~ perfonnances, requirements and definitions to which all signers of this Instrument agree and the Resolution and Ordinance, and all its provisions, perfO!'t1'W1reS, teqtlirements and definitions are incorporated herein and made a part thereof. . NOW, THEREFORE, IN CONSIDERATION OF THE MUTITAL REPRESENTATIONS, Wi\RRANfIES, COVENANTS, PROMISES AND AGREEMENTS CONTAINED HEREIN, THE SUFFICIANCY OF WIllCR IS HEREBY ACKNOWLEDGED, BE IT AGREED BY THE DISTRICT, THE CITIES AND TOWNS AND COMMISSIONERS AS FOLLOWS: (1) That each and every recital stated above is incorporated into this Agreement and is specifically made a substantive part of this Agreement for all purposes; (2) The District, the cities and towns~ and any other participating groups (hereinafter .<the parties," where applicable)~ hereby authorize and appoint the District as the sole and exclusive bidding party responsible for the advertisement, awarding, management and coordination of pa:yment (subject to the provisions contained below) of a curbside recycling contract for the cities and towns and for any other participa.ting groups reasonably contiguous thereto and situated in tmincorporated Clark County, Indiana ('"the county area.")~ which contract shall become operational on or about January 1, 2008 and shall be for a five (5) year term thereafter; (3) The parties ~r agree that the cities and towns, the Connnissioners and any other. parti~ipating groups, shall each, respectively, refrain from engaging in any indhtidual 09J20/2007 21:34 285545:3 JEFF PAGE 135/07 mandatory curbside recycling projects or vendor contraCts within the contract area during the contract term unless same is approved and coordinated by the Board of Directors of the District as a result of a three-fourths (3/4) vote of all members of said Board of Directors present and voting; (4) The parties further agree that they shall be responsible for management and payment of said five. year recycling vendor contract, during each of the years of said contract, as shown below. F or payment purposes, the tenn "jurisdiction " shall mean, in the case of cities and toVlIlS~ the geographical area within its municipal boundaries; in the case of the county, this term shall mean those specific geographical areaslsubdivisions~ in the unincorporated county, wherein recycling services Wlder the vendor contract are provided. Agreed payment terms are as follows: \ a. The District will bear the full cost of bidding, initiating, coordinating, implementing and oversight of the . contract during the contract term. The DiStrict will bear the full cost of all publication required by law for each governmental entity participating herein molder for the . Resolution and Ordinance to become effectivel}' and legally promulgated. b. The District shall be en.titled to pursue delinquent accounts and therefore may do so by any and all legal means available. c. The parties hereto expressly agree that, pursuant to Ie 13-21-3 -12(17). as amended, the District does notbave the. authority to imposeresotutions that have the force. of la.w upol1 aeity, municipality or the county. Therefore, the parties agree that all primary authorizing decisions. which seek to deliver recycling of District services of any kind, to city, to~n or the county t including the.. tenns of this Agreement and including any future modifications, must first be a.pproved and authorized by the District governing Board and each city and town where such services or pricing will be effective. d. Each city and town., and any other participating groups, as well as the District, shall execute any recycling contract hereunder before same becomes binding upon any other party hereto. Any ambiguity in any such recycling contract, concerning payment responsibilities, shall be construed to effect the shared payment responsibilities set forth herein. (5) rn consideration of the District bearing the expenses and contract responsibilities set forth hereinabove, the cities and townst and any other participating groups further agree to the following terms of this Joint Interlocal Agreement: a. The cities and toVinS and any other participating groups agree to continue in effect, "A Resolution and ordinance Establishing Mandatory Curbside Recycling With the Corporate Boundaries of Designated Cities and Towns and Within Designated Unincorporated Areas of the Clark County Solid } 09/20/2007 21:34 2:35tA58 .JEFF PAGE 05/07 Waste Management District and For Regulating Recycling in the District" (''the Resolution and Ordinance"), including any and all Amendments prior to the Agreements herein. b. The cities and towns and any other participating groups agree to individually continue in effect. promulgate~ administer and enforce the Resolution and Ordinance. including any and all prior Amendments thereto! and to abide by all terms thereof, both in relation to the District and in relation to the other provisions and responsibilities contained therein, C. The dties and to",'tlS and any other participating groups agree to perform all performance required of them, as set forth in the Resolution, Ordinance and Amendments. Ftn'ther, the cities, towns, and any other participating groups hereby agree that performance of their respective obligations shall be agreed and considered by them. to be specific:: conditions precedent that must be met before the District shall be required to perform any obligation or performance contained in this Agreement or contained in the Resolution, Ordinance and Amendments. d. The cities and towns and any oth.er participating groups agree to use good faith and best efforts~ and to assign personnel of their respective entities, if requested, to the District and its personnel to assist in the preparation of the vendor contract bidding procedure. Further, the governmental entities and officials agree to provide District personael and representatives such information and materials as are requested to assist the District in said bidding procedure. e. The cities and towns and any other pa.rticipating groups agree that the District shall' bear all expense incurred during the planning and performance of the vendor contract bidding procedure. including all costs of publication and advertising. (6) Time shall be of the essence of this Agreement. All performances required hereunder by any eligible participant, city, town or the Commissioners shall be timely performed. (7) If any governmental entity that joins in the Agreement withdraws or attempts to ~ithdraw from this InterlocaI Agreement, or otherwise refuses to participate in the terms of tbis instrument or of the Resolution and Ordinance, the District shall be entitled to institute and exercise the collection remedies set forth in Paragraph 7 of the Resolution and Ordinance, plus any other remedy pro-videdby law~ against such withdrawing or non-participating governmental entity . (8) All provisions of this Interlocal Joint Cooperation Agreement shall be subject to. and interpreted by, Indiana law. Should any provisions, portion, segment, or section hereof be determined illegal or unconstitutional by a court of competent jurisdiction. then the remaining provisions, portions, segments or sections shall be severed therefrom and shall remain 09/20/2007 21:34 2855458 JEFF PAGE 217/07 enforceable and legally binding. As between the cities and towns, the Commissioners and the Dlstri~ all such entities and officials hereby expressly agree that any ambiguities in the interpretatio~ application or management of this Interlocal Joint Cooperation Agreement, or any terms hereof, shall be resolved in favor of the District. (9) The terms of this InterlocaL Joint Cooperation Agreement and Resolution and Ordinance may be amended (a) by a simple majority vote of the District Board ofDirectors~ after wbich proposed amendments shall (b) be submitted to all governmental entities who are parties to these instruments. These entities agree that such amendments shall be effective upon passage and approval, by simple majority, of the city councils, town boards, or board of commissioners, respectively, for such governmental entities. However, this amendment procedure may not be used as a mean to withdraw from participation in, or obligations under, the Interlocal Joint Cooperation Agreement and Resolution and Agreement during the term of the vendor contract. (10) All of the provisions of this Interlocal Joint Cooperation Agreement and of the Resolution and Ordinance shall become null and void as between the District and any governmental entity that is a party hereto if suchgovem.m.ental entity does not p~ approve and execute these instruments on Of before November 1.2007. TIDS AGREEMENT El'fLERED INTO BY THE DISTRICT AND THE BELOW- DESIGNATED GOVERNMENTAL ENTITIES, BY THEIR RESPECTIVE OFFICERS, WITHIN THE DISTRICT. 5