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Home My WebLink AboutSOLID WASTE DISP 2019 SOLID WASTE DISPOSAL AGREEMENT 2019 JEFFERSONVILLE,INDIANA THIS INDENTURE WITNESSETH THAT: WHEREAS,the Civil City of Jeffersonville, Indiana,acting by and through the Board of Public Works, Pursuant to Indiana Code in regard to the entering into agreements for the disposal of solid waste for said city, hereinafter referred to at the CITY; and Whereas,the CITY and the Clark-Floyd Landfill LLC(here in after referred to as the CORPORATION),have reached an agreement as to the disposal of all residential solid waste of the CITY; NOW,THEREFORE, in consideration of the provision herein contained,The Civil City of Jeffersonville,Indiana,acting by and through its Board of Public Works,and Corporation, hereby agree as follows: ARTICLE I. As authorized and permitted by the provisions of the Indiana Code as amended,THE CIVIL CITY OF JEFFERSONVILLE does hereby agree to transport all solid waste generated and controlled by said CITY to the Landfill operation of the CORPORATION and to pay$21.05 per ton delivered to the CORPORATION.The CITY agrees to commence said hauling to the CORPORATIONS site beginning January 1,2019 and to continue to do so until December 31,2019,unless sooner terminated in accordance with the provisions of ARTICLE V hereof.This agreement will then be extended from year to year upon the mutual agreement of both parties. It is agreed that if there is any roadwork or road blockage that impedes the transport of the waste to the Clark-Floyd Landfill,the city may use an alternate landfill until the impediment is resolved. 1.That the parties hereto acknowledge that the disposal operation upon lands owned jointly with Clark and Floyd Counties,and the granting of this franchise is not preempted by IC36-9-30 by virtue of the long standing operation of the landfill site. ARTICLE II.FEES AND CHARGES Section 1. Components and Disbursement: (A)The CITY shall reimburse the CORPORATION $21.05 per ton for all solid waste received by the CORPORATION as agreed by the Commissioners of Clark and Floyd Counties,times the tonnage received by the CORPORATION. 1 the�a�a�"S ``'. tonnagehaU`e- based upon . ON agrees to bill the C1 he invoice for the prior (I31 The CORPORp,TI h 30 days after re-- ' of t monthly to rem►t payment 11 (Cl The CITY agrees the CORPORATION pursuant cycle.billing cy AD JUSTMENT SPOSAI-FEE to be received by uent to calendar ARTICLE lll. DISPOSAL. I and disposal°f refuse each calendar year subseq mance ent for II agreed to by both parties and e accep h lAl of this instrum The Fee forth punt rnutua Y and Article II Paragrap man am d Counties. to Article 1 or decreased Floyd shall be increased of Clark and year 2016, Commissioners approved by the Of Com COVENANTS private entity and is not an agency A�ptT10NA TION is a p e and agree thatthe ARTICLE N. a that the CORPORA ex reprivssly acknowledge t The parties ac knowled9 the parties p including financial information, Indiana.As such, information, of Jeffersonville, ro rietary The Civil City TION in the course of its RPORATION will possess and maintain certain p p CO ted as information confidential to the nO and theemUnited State. which is generally accepted business,similar to the practices of other businesses in Indiana b TION is an"Independent Contractor" in parties further acknowledge that the CORPORA 2. The responsible for the acts of said CORPORATION and its agents in the operation,and that as such is solely conducting business pursuant to the terms and conditions of this agreemet. ARTICLE V. EARLY TERMINATION This Agreement may be terminated prior to the expiration of the tercet forth in Section 1, hereof,as follows: 1. Upon the mutual agreement of the CITY and the CORPORATION. 2. In the event of termination by the CITY including default by the COR►gT10N, and or default by the government action described in the preceding paragraph,all moni,1Q and Owing the CORPORTAION hereunder,together with any costs of collection,if any,shall be:and ediately due and payable,as adjusted by any amounts determined to be due and payable from t1 QP0�TI0N the CITY,whether in the nature of expenses incurred before such termination or exF t0 incurred as a result of some act of the CORPPORATION prior to termination.Further,like)Y t0 compensate the CORPORATION for all costs and expenses,if any,to the extent such coTY Shall are not attributable to any act or omission of the Corporation or any responsibility of thMenses under this contract or under applicable law. 1RATION 2 es of the CORPO�TjON granted herein, ARTICLE VI. ASSIGNMENT rights and priv►leg AGREEMENT,together with the rig with and pursuant to the mutual consent of The Civil City This AG TION only shall be assignable by the CORPORA e Indiana, acting by and through its Board of Works. of Jeffersonville, ARTICLE VI. DEFAULTS other e 1. If either the CORPORATION or the CITY shall default in the obcont nue for s zty t r days covenant,agreement,or condition hereof and such defauSuch event,either party may proceed after written notice to correct the same,then,and in any or at law in any court of competent to protect and enforce the rights by suit or suits in egcovenant or agreement contained herein uity jurisdiction,whether for specific performance of any or for the enforcement of any other appropriate legal or equitable remedy or may authorize or' delegate the authority to file a suit to make appropriate claims,or may at either parties option, without further notice,terminate the rights and privileges herein granted pursuant to this agreement.In the case of such default,the offending party shall be liable and responsible for the payment of all costs and expenses incurred in curing any such default. ARTICLE VIII. NOTICES Whenever any party hereof shall be required to give notice to other parties under this Franchise and License, it shall be sufficient service and notice to deposit the same in the United State mail,in an envelope duly stamped, registered, and addressed to the other party or parties at the last known address. ARTICLE IX. SUCCESSORS AND ASSIGNS All covenants in this contract,whether by the CORPORATION, or the CITY,shall be binding upon the successors and assigns of the respective parties hereto. ARTICLE X. SEVERABILITY In case any section or provision of the Franchise and License Or any covenant,sti made,assumed pulation� any tiCr: ino Y application thereof is for ' entered into perable,that illegality a�Y reason held to °r taken uncles th;s other enant, stipulation ry or invalidity or it, no be illegal obligation perability Shall not or invalid,oris at entered into or taken agreement affect the under his a , act or action agreement greement which shall be '°r part thereof or any ARTICLE XL CgPT10NS ConstrU�d madO,as51lll►//� The Captions L�� included throw the works contained interpretation co they v out ein shall in this nstruction, Or mea�n0 agree nt ng of be hey t ee are for theprO��Slonxpl ash'mod tl V ewe ofthe a9re1�'any* �and�f 3 eitle h;0� °POS Ifl if 480 a�N ARTICLE VI. ASSIGNMENT This AGREEMENT,together with the rights and privileges of the CORPORATION granted herein, shall be assignable by the CORPORATION only with and pursuant to the mutual consent of The Civil City of Jeffersonville, Indiana, acting by and through its Board of Works. ARTICLE VI. DEFAULTS 1. If either the CORPORATION or the CITY shall default in the observance of any other covenant, agreement,or condition hereof and such default shall continue for sixty(60)days after written notice to correct the same,then,and in any such event,either party may proceed to protect and enforce the rights by suit or suits in equity or at law in any court of competent jurisdiction,whether for specific performance of any covenant or agreement contained herein or for the enforcement of any other appropriate legal or equitable remedy or may authorize or' delegate the authority to file a suit to make appropriate claims,or may at either parties option, without further notice,terminate the rights and privileges herein granted pursuant to this agreement. In the case of such default,the offending party shall be liable and responsible for the payment of all costs and expenses incurred in curing any such default. ARTICLE VIII. NOTICES Whenever any party hereof shall be required to give notice to other parties under this Franchise and License, it shall be sufficient service and notice to deposit the same in the United State mail, in an envelope duly stamped, registered, and addressed to the other party or parties at the last known address. ARTICLE IX. SUCCESSORS AND ASSIGNS All covenants in this contract,whether by the CORPORATION,or the CITY,shall be binding upon the successors and assigns of the respective parties hereto. ARTICLE X. SEVERABILITY In case any section or provision of the Franchise and License or any covenant,stipulation, obligation,agreement,act or action,or part thereof,made, assumed, entered into or taken under this Franchise and License,or any application thereof, is for any reason held to be illegal or invalid,or is at any time inoperable,that illegality or invalidity or inoperability shall not affect the agreement or any other covenant,stipulation, obligation, agreement, act or action,or part thereof, made,assumed, entered into or taken under his agreement which shall be construed ARTICLE Xl.CAPTIONS The Captions included throughout this agreement are for convenience and reference only and the works contained therein shall in no way be held to explain, modify,amplify, or aid in the interpretation,construction, or meaning of the provision of the agreement. 3 IN Witness Whereof,the Clark-Floyd Landfill LLC,by and through its President,the Mayor,and the Board of Wor s of The�Civv I City of Jeffersonville, Indiana, have executed this agreement this Igo- day of ,,.�"Qc ,-wom{'- , 20/b. CLARK-FLOYD LANDFILL LLC OP A ihzi„;,..+ ��; Robert L EF dent j Mike More, Mayor City of J:ffersonville, Indiana ATTEST: . 2k i 1 Vicki Conlin, Clerk City of Jeffersonville, Indiana 4