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HomeMy WebLinkAboutCURBSIDE RECYCLING INTERLOCAL AGREEMENT INTERLOCAL COOPERATION AGREEMENT FOR THE IMPLEMENTATION OF CURBSIDE RECYCLING SERVICES FOR CERTAIN MUNICIPALITIES AND DESIGNATED AREAS OF THE CLARK COUNTY SOLID WASTE MANAGEMENT DISTRICT This Interlocal Cooperation Agreement for the Implementation of Curbside Recycling Services for Certain Municipalities and Designated Areas of the Clark County Solid Waste Management District (hereinafter referred to as this "Agreement"), is made with an effective date of the I day of 0c4-ob e r , 2018, by and among the following government units: i. CLARK COUNTY, INDIANA ("Clark County"), with an address in care of the Clark County Auditor, Clark County Government Building, Room 118, 501 E. Court Avenue, Jeffersonville, Indiana 47130; ii. CITY OF JEFFERSONVILLE, INDIANA ("Jeffersonville"), with an address in care of the Office of the Mayor, Jeffersonville City Hall, 500 Quartermaster Court, Jeffersonville, Indiana 47130; iii. TOWN OF CLARKSVILLE, INDIANA ("Clarksville"), with an address in care of the Town Council, 2000 Broadway, Suite Clarksville, Indiana 47129; iv. TOWN OF SELLERSBURG, INDIANA ("Sellersburg"), with an address in care of Sellersburg Clerk-Treasurer, 316 East Utica Street, Sellersburg, Indiana 47172; v. CLARK COUNTY SOLID WASTE MANAGEMENT DISTRICT ("District"), with an address in care of Clark County Solid Waste Management District, 112 Industrial Way, Charlestown, Indiana 47111. Clark County, Jeffersonville, Clarksville, Sellersburg, and District (collectively "Parties") hereby agree among themselves the following: 1. Preliminary Statement Regarding Purpose of Agreement. The previously entered into interlocal cooperation agreement between the Parties for the service of curbside recycling administered by the District through the RFP process has expired and the Parties desire to continue to provide said services to the citizens within their respective corporate limits. 2. Effective Date; Duration of Agreement. This Agreement shall have an effective date beginning when the last municipality/unit executes and adopts the Agreement, and the Agreement shall continue in full force and effect until the earlier of(a) four (4) years from the Effective Date or (b) a party to this Agreement withdraws from it through written notice to all parties one (1) year prior to the withdraw becoming effective. Unless any party to this Agreement notifies all other parties, in writing, of its intent to withdraw from this Agreement at least one (1) year before the expiration of a four (4) year term, this Agreement shall automatically renew for successive four (4) year periods. 3. Primary Financing, Staffing, and Supplying the Joint Undertaking and of Establishing and Maintaining a Budget for Curbside Recycling. Pursuant to Ind. Code § 13-21- 3-12(a)(17), the District has the power to adopt resolutions, but in order for them to have effect within a municipality, the municipality must also adopt the resolution. Each party to this Agreement hereby establishes a fee of thirty-four-dollar ($34.00) fee within each respective municipality to fund the District. The money shall be collected by the County and transferred to the District. All real property owners of improved residential property (including apartments and mobile/manufactured homes) shall pay a fee of thirty-four dollars ($34.00) per year for curbside recycling service. The staffing and supplying the joint undertaking, establishing and maintaining a budget for curbside recycling shall be the responsibility of the District. 4. Administration. The District will administer the curbside recycling service by contracting with a vendor to perform the services after requesting proposals per Indiana law. The fees will be collected by the Clark County Auditor and placed into a non-reverting fund for the District to pay the vendor providing the service and other related expenses to recycling. In addition, should it be necessary, the acquisition, holding, and disposal of real and personal property used in the joint undertaking for the provision of curbside recycling services shall be done in the name of the Clark County Solid Waste Management District. 5. Recordation of this Agreement. Pursuant to Ind. Code § 36-1-7-6,this Agreement shall be recorded with the Clark County Recorder and filed with the state board of accounts for audit purposes within sixty (60) days after it is approved by the last party that is a signatory to this Agreement. 6. Miscellaneous: a. The Parties are prohibited and shall refrain from withdrawing from this Agreement to initiate its own curbside recycling program during the term of this Agreement, unless all Parties agree in writing to terminate this Agreement prior to the expiration. b. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original. c. This Agreement shall be governed and construed in accordance with the provisions of Indiana law. [The remainder of this page was intentionally left blank Signature pages to follow.) IN WITNESS WHEREOF this Interlocal Cooperation Agreement for the Implementation of Curbside Recycling Services for Certain Municipalities and Designated Areas of the Clark County Solid Waste Management District is executed on behalf of Clark County, Indiana by the undersigned as its duly authorized officials and representatives this day of , 2018. For Clark County: By: Name: Its: Attestation and Certification: The undersigned, as the duly elected and serving Auditor of Clark County, Indiana, hereby attests that on this day of , 2018, he personally witnessed the execution of this Agreement by , the duly authorized President of the Board of Clark County Commissioners. The undersigned further hereby certifies that this Agreement is a true and correct copy of the Agreement approved by ordinances enacted by the Board of Clark County Commissioners in accordance with the provisions of applicable Indiana law. R. Monty Snelling, Clark County Auditor IN WITNESS WHEREOF this Interlocal Cooperation Agreement for the Implementation of Curbside Recycling Services for Certain Municipalities and Designated Areas of the Clark County Solid Waste Management District is executed on behalf of Jeffersonville, Iana by the undersigned ,isits duly authorized officials and representatives this . day of CJ , 2018. For Jeffersonvi le: By: tptr�� Name: Qk ti`cola_ Its: • Attestation a •• Certification: The un.; signed, as the duly elected and serving Clerk of Jefferso, ille, Indiana, hereby attests that on thi day of , 2018, she personall itnessed the execution of this Agreement b' Mike Moore, the duly authorized Mayor of th- ity of Jeffersonville. The undersigned further h: eby certifies that this Agreement is a e and correct copy of the Agreement approved by •rdinances enacted by the Jefferso lle City Council in accordance with the provisions of appli .ble Indiana law. B-: ame: For Jeffersonville: B Name: Its: Attestation and Certification: The undersigned, as e duly elected and serving Clerk • Jeffersonville, Indiana, hereby attests that on this day of , 2018, she pers. ally witnessed the execution of this Agreement by , the dul .uthorized President of the Common Council of •e City of Jeffersonville. The undersigned furthe ereby certifies that this Agreement is a true . d correct copy of the Agreement approved by or. g ances enacted by the Jeffersonville City 'ouncil in accordance with the provisions of applicable In,iana law. Vicki Conlin, Clerk City of Jeffersonville 6C-12- /fr ,L Q Ark/ , ATTESTATION: The undersigned, as duly elected and serving City Clerk of Jeffersonville, Indiana hereby attest that the Mayor of the City of Jeffersonville signature is true, accurate. BY: .i ,A/19A NA E: Vicki Conlin, City Clerk of Jeffersonville DATE: f IN WITNESS WHEREOF this Interlocal Cooperation Agreement for the Implementation of Curbside Recycling Services for Certain Municipalities and Designated Areas of the Clark County Solid Waste Management District is executed on behalf of Clarksville, Indiana by the undersigned as its duly authorized officials and representatives this day of , 2018. For Clarksville: By: Name: Its: Attestation and Certification: The undersigned, as the duly elected and serving Clerk-Treasurer of Clarksville, Indiana, hereby attests that on this day of , 2018, he personally witnessed the execution of this Agreement by , the duly authorized President of the Clarksville Town Council. The undersigned further hereby certifies that this Agreement is a true and correct copy of the Agreement approved by ordinances enacted by the Clarksville Town Council in accordance with the provisions of applicable Indiana law. Robert Leuthart, Clerk-Treasurer IN WITNESS WHEREOF this Interlocal Cooperation Agreement for the Implementation of Curbside Recycling Services for Certain Municipalities and Designated Areas of the Clark County Solid Waste Management District is executed on behalf of Sellersburg, Indiana by the undersigned as its duly authorized officials and representatives this day of , 2018. For Sellersburg: By: Name: Its: Attestation and Certification: The undersigned, as the duly elected and serving Clerk-Treasurer of Sellersburg, Indiana, hereby attests that on this day of , 2018, he personally witnessed the execution of this Agreement by Paul Rhodes, the duly authorized President of the Sellersburg Town Council. The undersigned further hereby certifies that this Agreement is a true and correct copy of the Agreement approved by ordinances enacted by the Sellersburg Town Council in accordance with the provisions of applicable Indiana law. Michelle Miller, Clerk-Treasurer IN WITNESS WHEREOF this Interlocal Cooperation Agreement for the Implementation of Curbside Recycling Services for Certain Municipalities and Designated Areas of the Clark County Solid Waste Management District is executed on behalf of Clark County Solid Waste Management District by the undersigned as its duly authorized officials and representatives this day of , 2018. For District: . By: Name: Its: Attestation and Certification: The undersigned, hereby attests that on this day of , 2017, she personally witnessed the execution of this Agreement by Jack Coffman, the duly authorized President of the Clark County Solid Waste Management District. The undersigned further hereby certifies that this Agreement is a true and correct copy of the Agreement approved by ordinances enacted by the Clark County Solid Waste Management District in accordance with the provisions of applicable Indiana law. Darla Stahl