HomeMy WebLinkAboutAMENDEMENT TO INTERLOCAL AGREEMENT DECEMBER 17, 2018 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 / 2 day of l_aexry• ,.k.,. , 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, except Clark
County, to this Agreement hereby establishes a fee of thirty-four dollars ($34.00) within each
respective municipality to fund the District. Clark County is a party hereto, for the sole purpose
to collect the fees and transfer them to the District. Clark County does not participate in curbside
recycling due to the geographic size of the unincorporated area but does assess a separate recycling
fee. 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, Indiana by the
undersigned as its duly authorized officials and representatives this day of
, 2018.
For Jeffersonville:
By:
Name:
Its:
Attestation and Certification:
The undersigned, as the duly elected and serving Clerk of Jeffersonville, Indiana, hereby
attests that on this day of , 2018,personally witnessed the execution of this
Agreement by Mike Moore, the duly authorized Mayor of the City of Jeffersonville. The
undersigned further hereby certifies that this Agreement is a true and correct copy of the
Agreement approved by ordinances enacted by the Jeffersonville City Council in accordance with
the provisions of applicable Indiana law.
By:
Name:
For Jefferson I'll-
By: ►J !;
Name: &V *AO 6(.1_
Its: `l11/4tAy c t
Attestation and Certification:
The undersigned, as the duly elected and serving Clerk of Jeffersonville, Indiana, hereby
attests that on this /9 day of Aits„,p,,ot_ , 2018,iimpromdeppkiFtwilltafisialthe execution of
this Agreement by`YAA.` m,., ��n Lam, , the duly authorized
The undersigned further hereby certifies that this
Agreement is a true and correct copy of the Agreement approved by ordinances enacted by the
Jeffersonville City Council in accordance with the provisions of applicable Indiana law.
Vicki Conlin, Clerk
City of Jeffersonville
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.
Dada Stahl