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HomeMy WebLinkAbout1993-R-13 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 Clark County Solid Waste Management District Board of Directors ("District") is a duly-authorized and existing entity pursuant to I.C. 13-1- 12-1 and I.C. 13-9.5-1-29; WHEREAS the Clark County District Board of Directors serves a single- county district pursuant to I.C. 13-9.5-2-5, said single-county being Clark County, Indiana; WHEREAS' the District Board has, heretofore, approved a District Solid Waste Management Plan and amendments thereto ("the Plan") as is required by I.C. 13-9.5-4-1 and has complied with all requirements of notice and public hearing as required by law prior to submission of the Plan to appropriate state authorities; WHEREAS certain provisions of the Plan provide for a requirement that the District implement curbside recycling programs within the District by the end of calendar year 1993; WHEREAS the City of Jeffersonville, the Town of Clarksville, the City of Charlestown and the Town of Sellersburg are incorporated governmental units within the District ("the cities and towns," "governmental entity or entities" where applicable herein); WHEREAS the Board of Commissioners of Clark County, Indiana ("Commissioners") is responsible for the general administrative government of the unincorporated areas of the county and is desirous of participating in a joint curbside recycling program for certain densely-populated areas of the county that are contiguous to a municipality, specifically 1990 Census Tract 506.04 ("the county area" - see attached map); WItEREAS the cities and towns, by their duly-authorized representatives whose signatures appear hereon, are each, respectively, desirous of 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 I.C. 13-9.5-2-11 et seq. has the power to develop and implement a solid waste management plan, the power to receive and disburse funds, 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; WI-IEREAS I.C. 36-1-7-2, 36-1-7-3 and 36-1-7-12 provide the legal mechanism for the Commissioners, the cities and towns and the District to enter into an interlocal joint agreement for mandatory curbside recycling programs in the District, consistent to the Plan previously submitted to state authorities by the District ("Interlocal Agreement"); WHEREAS the cities and towns and the Commissioners and the District have executed, on even date herewith, "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 Ordinance"), which contains provisions, performances, requirements and definitions to which all signers of this Instrument agree and the Resolution and Ordinance, and all its provisions, performances, requirements and definitions are incorporated herein and made a part hereof. NOW, TI-IEREFORE, 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; (2) The District, the Commissioners and the cities and towns (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 payment (subject to the provisions contained below) of a curbside recycling contract for the cities and towns and for the 1990 Census Tract 506.04 of unincorporated Clark County, Indiana ("the county area"), which contract shall become operational on or about January 1, 1994 and shall be for a four (4) year term thereafter; Page 2 (3) The parties further agree that the cities and towns, and the Commissioners, shall each, respectively, refrain from engaging in any individual 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 four-year recycling vendor contract, during each of the years of said contract, as follows: a. The District will bear the full cost of bidding, initiating, coordinating, implementing and managing the contract during the contract term. The District will bear the full cost of all publications required by law for each governmental entity participating herein in order for the Resolution and Ordinance to become effectively and legally promulgated. b. During the First year of the contract, the District shall be responsible for paying all of the cost of the recycling vendor contract. c. During the Second year of the contract each participating city and town, and the Commissioners in relation to the county area, shall be responsible for paying one-half (1/2) of the cost of the recycling vendor contract. The District will pay the remaining one- half (1/2) thereof. d. During the Third year of the contract each participating city and town, and the Commissioners in relation to the county area, shall be responsible for paying two-thirds (2/3) of the cost of the recycling vendor contract. The District will pay the remaining one-third (1/3) thereof. e. During the Fourth year of the contract each participating city and town, and the Commissioners in relation to the county area, shall be responsible for paying three-fourths (3/4) of the cost of the recycling vendor contract. The District will pay the remaining one- fourth (1/4) thereof. Page 3 f. After expiration of the initial four-year term, and in the event that said contract and this Agreement are extended the District shall continue to perform, upon terms agreeable to all parties, the contract responsibilities set forth in Paragraph 4 (a) above. Further, in each such subsequent year, each city and town, and the Commissioners, will be responsible for the full cost of providing curbside recycling services to all eligible residents within the respective corporate limits of the cities and towns and (as applicable to the Commissioners) within the county area, respectively. (5) In consideration of the District bearing the expenses and contract responsibilities set forth hereinabove, the cities and towns, and the Commissioners (in relation to the county area) further agree to the following terms of this Joint Interlocal Agreement: a. The cities and towns and the Commissioners agree to pass, without amendment, an "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 Ordinance") in the form that is set forth in the attached "Exhibit A"; b. The cities and towns and the Commissioners agree to individually pass, promulgate, administer and enforce the Resolution and Ordinance without amendment, 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 cities and towns and the Commissioners agree to perform all payments and performances required of them, as set forth in the Resolution and Ordinance. Further, the cities, towns and Commissioners hereby agree that performance of their respective obligations, including payment 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 and Ordinance. Page 4 ~e,~esol t~6n ~d/~dina~ ~' nh~eetin~f th&l~i'st~ct B~rd, f~t' apl~j~al. ~. The cities and towns and the Commissioners 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, these governmental entities and officials agree to provide District personnel and representatives such information and materials as are requested to assist the District in said bidding procedure. [~ The cities and towns and the Commissioners 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) The District, cities and towns and the Commissioners relative to the county area hereby agree that the term of this Interlocal Agreement shall be the same duration of the vendor contract through the date that the last payment obligation due thereunder is paid by the District, which term is estimated to be four (4) years from institution of said contract (7) The parties hereto expressly agree that, while the District shall be primarily responsible for management and administration of the recycling vendor contract and shall pay the sums of monies set forth hereinabove, the cities and towns shall be each responsible for the civil prosecution of any ordinance violations described in the Resolution and Ordinance. The District shall be entitled, upon receipt of such information from the vendor, to notify the parties hereto of any reported ordinance violation. Each city, town and the Commissioners hereby agree that it shall be their respective and' exclusive duty and responsibility, upon such notification from the District or upon the issuance of a civil citation as described in the Resolution and Ordinance, to investigate such reports and to fully engage in collection procedures where applicable so as to enforce this Agreement and the Resolution and Ordinance. (8) 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. Page 5 (9) If any governmental entity that joins in this Agreement withdraws or attempts to withdraw from this Interlocal Agreement, or otherwise refuses to participate in the terms of this 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 provided by law, against such withdrawing or non-participating governmental entity. (10) All provisions of this Interlocal Joint Cooperation Agreement shall be subject to, and interpreted by, Indiana law. Should any provision, 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 enforceable and legally binding. As between the cities and towns, the Commissioners and the District, all such entities and officials hereby expressly agree that any ambiguities in the interpretation, application or management of this Interlocal Joint Cooperation Agreement, or any terms hereof, shall be resolved in favor of the District. (11) The terms of this Interlocal Joint Cooperation Agreement and Resolution and Ordinance may be amended (a) by a simply majority vote of the District Board of Directors, afterwhich 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 means to withdraw from participation in, or obligations under, the Interlocal Joint Cooperation Agreement and Resolution and Agreement during the term of the vendor contract. (12) 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 such governmental entity does not pass, approve and execute these instruments on or before June 17, 1993. THIS AGREEMENT ENTERED INTO BY THE DISTRICT AND THE BELOW-DESIGNATED GOVERNMENTAL ENTITIES, BY THEIR RESPECTIVE OFFICERS, WITHIN THE DISTRICT. Page 6 SIGNED. AND EXECUTED THIS BY THE CLARK COUNTY SOLID BOARD OF DIRECTORS: DAY OF ,1993 WASTE MANAGEMENT DISTRICT Ralph Guthrie, President Gregory L. Isgrigg Paul F. Garrett Harold G. Satterly Richard Dickman Raymond J. Parker Steven R. Stemler Page 7 SIGNED AND EXECUTED THIS ~ DAY OF BY THE MAYOR AND COMMON COUNCIL JEFFERSONVILLE, INDIANA O/~F/~4,1993 HE CITY OF R6~mong'J. -P~rkc~r, Mayor ~rew Williams, ~ Pegg fLW4'I~ er ,o Marie Clapp Bill Wolpert Donna M. F'fi(~l~tz - ~/ Steven R. Stemler Attest: C. l~i~hard Spence~ Clerk-Treasurer for the City of/effersonville Page 8 SIGNED AND EXECUTED THIS DAY OF , 1993 BY THE TOWN COUNCIL OF THE TOWN OF CLARKSVILLE, INDIANA Richard Dickman, President John Krueger Richard Lewis Raymond Richard Bob Popp John Minta Charles King Attest: Clay Baird, Clerk-Treasurer for the Town of Clarksville Page 9 SIGNED AND EXECUTED THIS BY THE COMMON COUNCIL INDIANA DAY OF OF THE CITY ,1993 OF CHARLESTOWN, Bob Braswell, Mayor Gary Moore France Hensley, President Geneva Noe Hiram Abbott Ward Tackett Attest: Dorothea Jenkins, Clerk-Treasurer for the City of Charlestown Page 10 SIGNED AND EXECUTED THIS DAY OF , 1993 BY THE TOWN COUNCIL OF THE TOWN OF SELLERSBURG, INDIANA Stanley E. Tucker, President Roy E. Everitt David Broady Karl N. Truman Aulton D. Eddings Attest: Linda Schafer, Clerk-Treasurer for the Town of Sellersburg Page 11 SIGNED AND EXECUTED THIS DAY OF , 1993 BY THE BOARD OF COMMISSIONERS OF CLARK COUNTY, INDIANA Ralph Guthrie, President Paul F. Garre~ Gregory L. Isgrigg Attest: Keith D. Groth, Auditor Clark County, Indiana Page 12 G