HomeMy WebLinkAbout1999-OR-05~ .~--~-.RESOLUI~fONANDO D1; A C ' 0 ~O~R-OI_..,-- .~,.~
NO 93-OR-34 WHICIt ESTABLISHED MANDATORY CURBSIDE REYCYCLING
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
WHEREAS the Clark County Solid Waste Management District (hereinafter referred to
as the "District") is a duly-authorized and existing District pursuant to I.C 13-1 I-2-7 and I.C
13-21-3 et Sec.;
WHEREAS, the District has previously passed a resolution and ordinance, known as
Resolution and Ordinance No 93-OR-34, which has established mandatory curbs/de recycling
within certain corporate boundaries and designated unincorporated areas of the District and
which has defined certain users;
WHEREAS, the District, the cities and toxvns and the Commissioners have entered into
an lnterlocal Joint Cooperation Agreement ("lnterlocai Agreement") for the purpose of acting in
unison and for delegating unto the District the authority and responsibility to bid, initiate,
implement, award and pay for a curbside recycling program, among other things;
WHEREAS, the lnterlocal Agreement expressly acknowledges that the District, pursuant
to i.C. 13-9.5-2-1 l 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 [nterlocal cooperation agreements;
WHEREAS, the District acknowledges, that pursuant to the lnterlocal Agreement, the
District, prior to/ts implementing any modification which relate to the delivery of recycling or
District services, is required to seek and receive approval from the various, cities, municipalities,
or county, who are members of the lnterlocal Agreement and who will be affected by a change ia
service;
WHEREAS, both the original Resolution and Ordinance No 93-OR-34 and the Interlocal
Agreement which is effective as of January, 1998 allowed for amendments by majority vote of
the District Board of Directors and that such amendments shall be effective upon passage and
approval, by simple majority, of the city councils, town boards, or board of commissioners;
WHEREAS, the District is desirous of extending the mandatory curbside recycling
program from the current contract area to include a greater geographic area then is currently
allowed by definition;
WHEREAS, the Clark County Solid Waste Management District Board, after careful
deliberation and consideration of the public comment heard on December 1, 1998 and January 5,
1999 has determined that in order to carry out the goals of reduction, management and disposal
of solid waste and the recovery of waste products from the waste stream, amendments to
Resolution and Ordinance No. 93-OR-34 is necessary and is in the best interest of the District
NOW, THERFORE, BE 1T RESOLVED BY THE CLARK COUNTY SOLID WASTE
MANAGEMENT DISTICT BOARD
1. THAT Definition 2a, 93-OR-34 be amended to read as follows:
The Contract Area shall be defined to mean all of the geographical area within the
legal corporate and municipal limits of the City of Jeffersonville, the Town of
Clarksville, the City of Charlestown, the Town of Sellersburg and areas of
unincorporated Clark County, Indiana which are contiguous to areas who receive
Curbside Recycling Services because of this Amendment and which have
sufficient population as to make curbside recycling feasible.
2. THAT Definition 2 c, 93-OR-34 be amended to read as follow:
Multi-family Dwelling shall be defined as a living unity which is not a single
family residence and includes, but is not limited to, duplex buildings, townhouses
or flats with common wall, apartment complexes and buildings, boarding rooms,
mobile home pads, lots and/or any other unit used to distinguish a site upon which
a mobile home can be affixed, etc. wherein persons regularly res/de. Possession
of assigned mailing addresses for individual units is considered some evidence,
though not solely determinative, of a multi-family residence.
That any other provisions of 93-OR-34, which are not affected, amended, or
altered by this Ordinance shall remain in full force and effecT.
That any other provisions of the tnterlocat Agreement, effective January l, 1998,
which are not affected, amended, or altered by this Ordinance shall remain in full
force and effect.
SO ADOPTED THIS THE 5TM DAY OF JANUARY 1999.
RALPH GUTHRIE, PRESIDENT
CLARK COUNTY SOLID WASTE
MANAGEMENT DISTRICT
RESOLUTION AND ORDINANCE NO 99-O11-01
A RESOLUTION AND ORDINANCE AMENDING RESOLUTION AND ORDINANCE
NO 93-OR-34 WHICH ESTABLISHED MANDATORYCURBSIDE REYCYCLING
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
WHEREAS the Clark County Solid Waste Management District (hereinafter referred to
as the "District") is a duly-authorized and existing District pursuant to I.C 13-11-2-7 and I.C.
13-21-3 et Sec.;
WItEREAS, the District has previously passed a resolution and ordinance, known as
Resolution and Ordinance No 93-OR-34, which has established mandatory curbside recycling
within certain corporate boundaries and designated unincorporated areas of the District and
which has defined certain users;
WHEREAS, the District, the cities and towns and the Commissioners have entered into
an lnterlocal Joint Cooperation Agreement ("Interlocal Agreement") for the purpose of acting in
unison and for delegating unto the District the authority and responsibility to bid, initiate,
implement, award and pay for a curbside recycling program, among other things;
WHEREAS, the [nterlocal Agreement expressly acknowledges that the District, pursuant
to I.C. 13-9.5-2-1 l et seq. has the powcr 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 lnterlocal cooperation agreements;
WHEREAS, the District acknowledges, that pursuant to the lnterlocal Agreement, the
District, prior to its implementing any modification which relate to the delivery of recycling or
District services, is required to seek and receive approva from the various, cities, municipalities,
or county, who are members of the Interlocal Agreement and who will be affected by a change in
service;
WHEREAS, both the original Resolution and Ordinance No 93-OR-34 and the Interlocal
Agreement which is effective as of January, 1998 allowed for amendments by majority vote of
the District Board of Directors and that such amen&nents shall be effective upon passage and
approval, by simple majority, of the city councils, town boards, or board of commissioners;
WHEREAS, the District is desi'rous of extending the mandatory curbside recycling
program from the current contract area to include a greater geographic area then is currently
allowed by def/nition;
AND WHEREAS, the District is desirous of'extending the mandatory recycling program
to include all multi-family units and not just those multi-family units defined as between one (I)
and four (4) units;
AND WHEREAS, the Board, after investigations, believes that the Previously adopted
definition of THE CONTRACT AREA should be amended to reflect a change
FROM
"the geographical area ~vithin the legal corporate municipal limits of the City of
Jeffersonville, the Town of Clarksville, the CiD, of Charlestown, the To~vn of Sellersburg
and the 1990 Census Tract 506.04 of the unincorporated Clark County, Indiana"
(Definition 2 a, 93-OR-34)
TO
"the geographical area within the legal corporate and municipal limits of the City of
~-JeJ'fersonv~lle, the T4~wn-of,Clarksvi.tl~,Ahe~C~ty of.Cha~l~_smum, the Town of Sellersburg
and the areas of unincorporated Clark County, Indiana which are contiguous to areas
receiving Curbside Recycling Services as of April, I99g or become contiguous to areas
who receive Curbside Recycling Services because of this Amendment and which have
sufficient population as to make curbside recycling feasible."
AND WHEREAS, the Board, after investigation, believes that the previously adopted
definition of multM'amily should be amended to reflect a change
"a living unit, not a single family residence, that contains between one (1) and four (4)
regular mailing addresses wherein the respective addresses are not members of the same
family and regularly occupy separate living areas of the dwelling. The definition
includes, but is not limited to, duplex building, townhouses or flats with common walls,
etc. wherein persons regularly reside. Buildings or apartments complexes having five (5)
or more separate living units are not within this definition.'' (Definition 2 c, 93-OR-34)
TO
"a living unit which is not a single family residence and includes, but is not limited to,
duplex buildings, townhouses, or flats with common wall, apartment complexes and
buildings, boarding rooms, mobile home pads, lots and/or any other unity used to
d/stinguish a site upon which a mobile home can be affixed, etc. wherein persons
regularly reside. Possession of assigmed mailing addresses for individual units is
considered some evidence, though not solely determinative, ora multi-family residence.
AND WHEREAS, pursuant to I.C. 13-21-14-5 the District conducted a duly advertised
public meeting on January- 5, 1999 wherein public comment was heard by members present at
said hearing;
AND WHEREAS, a resolution was made that the definition of multi-family and contract
area be modified as stated above;
WHEREAS, the Clark County Solid Waste Management District Board, after careful
deliberation and consideration of the public comment heard on December I, 1998 and January 5,
1999 has determined that in order to carry out the goals of reduction, management and disposal
of solid waste and the recovery of waste products from the waste stream, an~endments to
Resolution and Ord:inance ~°. 9~'OR-34 is necessary and is in the best int~[est °f the District ~
NOW, THERFORE, BE IT RESOLVED BY THE CLARK COUNTY SOLID WASTE
MANAGEMENT DISTICT BOARD
1 THAT Definition ?a, 93 OR 34 be amended to read as follows'
a. The Contract Area shall be defined to mean all of the geographical ama within the
legal corporate and municipal limits of the City of Jeffersonville, the Town Of
Clarksville, the City of Charlesto~vn, the Town of Sellersburg and areas of
, unincorporated Clark County, Indiana which are contiguous to areas who receive
Curbside Recycling Services because of this Amendment and which have
sufficient population as to make curbside recycling feasible.
2. Tt-IA"I' Definition 2 c, 93-OR-34 be amended to read as follow:
Multi-family Dwelling shall be defined as a living unity ~vhich is not a single
family residence and includes, but is not limited to, duplex buildings> townhouses
or flats with common wall, apartment complexes and buildings, boarding rooms,
mobile home pads, lots and/or any other unit used to distinguish a site upon which
a mobile home can be affixed, etc. wherein persons regularly reside. Possession
of assigned mailing addresses for individual units is considered some evidence,
though not solely determinative, of a multi-family residence.
That any other provisions of 93-OR-34, which are not affected, amended, or
altered by this Ordinance shall remain in full force and effect.
That any other provisions of the Interlocal Agreement, effective January 1, 1998,
which are not affected, amended, or altered by this Ordinance shall remain in full
force and effect.
SO ADOPTED THIS THE 5TM DAY OF JANUARY 1999.
CLARK COUNTY SOLED WASTE
MANAGEMENT DISTRICT
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1999 BY THE CITY OF JEFFERSONVILLE, INDIANA
/
I homas R. Galhgan, r~ayor
Attest:
C Richard Spencer ........... - ........................ ;....
Clerk-Treasurer for the
City of Jeffersonville
SIGNED AND EXECU1ED TillS ~(~ DAY OF
1999 BY THE TOWN OF CLARKSVILLE, INDIANA
J~l~nta, 5PreSident
Attest:
Ro ely.~ta L. McLemore, Deputy/Clerk)Treasurer
for the Town 0f Clarksville _?' _. J
SIGNED AND EXECUTED THIS /~7 DAY OF
199~ BY THE CITY OF CHARLESTOWN, INDIANA
Bob Bra~well, Mayo~ /
Attest:
Sharon Barnes
Clerk-Treasurer for the
City of Charlestown
SIGNED AND EXECUTED THIS I DAY OF
~ BY THE TO~VN OF SELLERSBURG, INDIANA
Deug Eddfngs, President
Attest:
for the Town of Seilersburg
1999 BY TitlE BO~D OF COMMISSIONERS OF CLARK COit~NTY, INDIANA
Ed Meyer, 1- residentS/
Ralph Guthri/e /
Attest:
K~/n. .... ;.,~,h, Auditor
Clark County, Indiana
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1998-OR-02
RESOLUTION AMENDING SOLID WASTE FEE SCHEDULE
WHEARAS the Clark County Solid Waste Management District (hereinafte~
referred to as the "District") is a duly-authorized and existing District pursuant to
I.C. 13-11-2-7 and I.C. 13-21-3 et Sec.;
AND WHEREAS, the District had previously established a Solid Waste
Management fee pursuant to I.C. 13-21-14-1 in the mount of $13.75 per year for
one classification of users being businesses, multi-family dwellings, single-family
dwellings, structures and/or dwellings units, mobile home pads and other lots plus
additions who benefit from curbside recycling services;
WHEREAS, the Board had not previously established a fee for those
businesses, multi-family dwellings, single-family dwellings, structures and/or
dwellings units, mobile home pads and other lots plus additions who benefit from
solid waste management and solid waste collection, but who do not benefit from
recycling services as provided by the District;
AND WHEREAS, the Board, after investigation, believes that the
previously adopted fee schedule needs to be changed or readjusted to reflect both
classification of users and to establish a fee which reflects to cost of the services
provided;
AND WHEREAS, pursuant to I.C. 13-21-14-5 the District conducted a duly
advertised public meeting on November 17, 1998 and December 1, 1998 wherein
public comment was heard by members present at said hearing
AND WHEREAS, a resolution was made that the fees be changed and
readjusted to reflect a fee of $19.50 for those users who benefit from curbs/de
recycling services and that a fee of $3.25 be established for those users for whom
recycling services are provided but to whom curbside recycling is not provided;
WHEREAS, the Solid Waste Management District Board, after careful
deliberation and consideration of the public comment heard on November 17, 1998
and December 1, 1998 has determined that the fee change and readjustment is
needed to continue to finance the Solid Waste Management District's Plan for
reduction of solid waste in Clark County, Indiana.
AND WHEREAS, the majority of the Solid Waste Management District
Board has determined that it is in the best interest of the District to change and
adjust the previously established fee schedule pursuant to I.C. 13-21-14 et. Seq.
THE CLARK COUNTY SOLiD WASTE MANAGEMENT DISTRICT
BOARD now determines that the previously imposed solid waste fee shall be
changed and readjusted as follows:
1. That there shall be two classifications of solid waste management fees
based upon whether the user is entitled to curbside recycling services or whether
the user is not entitled to curbside recycling services.
2. A user is defined as
A. businesses, including, but not limited to, industrial, agricultural,
and any other enterprises engaged in commerce,
B. each unit of every multi-family dwellings,
C. single-family dwellings,
D. mobile home pads, lots and/or any other unit used to distinguish
a site upon which a mobile home can be affixed,
E. any other structure and/or dwelling units which are entitled to
utilize solid waste services,
F. Any other areas or units/dwellings which from time to time
may be added,
G. Barns, warehouses and other like structures are expressly
excluded.
2
3. For all users who are entitled to curbside recycling services a fee of
$19.50 is assessed.
4. For all users who are not entitled to curbside recycling services a fee
of $3.25 is assessed.
5. That any other provisions of 1997-OR-2 which are not affected,
amended, or altered by this Ordinance shall remain in full force and effect.
SO ADOPTED THIS THE 1sT DAY OF DECEMBER, 1998.
R/kLI5 H ~U2Zi2fR~'~5 p~d2'S ~DI~N~I'
CLARK COUNTY SOLID WASTE
MANAGEMENT DISTRICT BOARD
SIGNED AND EXECUTED THIS DAY OF
1998 BY THE CITY OF JEFFERSONVILLE, INDIANA
Attest:
C. Ri~l~ard Spencer /~ ~./
Clerk-Treasurer for the ~
City' of Jeffersonville
SIGNED AND EXECUTED THIS ~q DAY OF-~,
1998 BY THE TOWN OF CLARKSVILLE, INDIANA
Attest:
for the Town of Clarksvill~///
4
SIGNED AND EXECUTED THIS¢:J?~ DAY OF /~ ~d~/9~/C//~fi~ _,
1998 BY THE CITY OF CHARLESTOWN, INDIANA
Bob Bras~ell, Mayor
Attest:
Sharon Barnes
Clerk-Treasurer for the
City of Charlestown
SIGNED AND EXECUTED THIS Iq DAY OF '~ act. m[atA-- -,
1998 BY THE TOWN OF SELLERSBURG, INDIANA
Attest:
Linda Schafer, Clerk-q~reasurer ~v
for the Town of Sellersburg
SIGNED AND EXECUTED THIS ~ DAY OF ~ Ca~L~z..,.~ -,
1998 BY THE BOARD OF COMM~ONERS OF CLAR~ ~ ~-~DIANA
Ed M~yer, PresiSent k /
Ralph G/utile
Attest:
Cla"fk ~ounty, Indiana
CONTRACT FOR RECYCLING SERVICES
WITNESSETH: That this contract is made and entered into this 21sT day c
APRIL, 1998 by and between Browning-Ferris Industries of Kentucky, Inc., ("BFI'
and the Clark County Solid Waste Management District acting on behalf of the Cit
of Jeffersonville, the City of Charlestown, the Town of Seltersburg, the Town
Clarksville, and the Board of Commissioners of Clark County, Indiana insofar
t990 Census Tract 506.04 of unincorporated Clark County is within the geographk
scope of this Contract ("District") and the parties to this Contract agree as follows:
(1) BFI agrees and promises to provide personnel, equipment, materials an
other such services and appurtenances as may be required to implement curbsid
recycling services in the geographical areas of Clark County, Indiana identified.a
follows (hereafter identified by the names of the cities and towns only, the part~e
agreeing that the below cities, towns and areas are within the State of Indiana):
Within the geographical 1/mits of the City of
Jeffersonville, Indiana;
Within the geographical 1/mits of the City of
Charlestown, Indiana;
Within the geographical limits of the Town of
Sellersburg, Indiana;
Within the geographical 1/mits of the Town of
Clarksville, Indiana; and
Within the geographical l/mits of 1990 Census Tract
506.04 of unincorporated Clark County, Indiana.
(2) BFI agrees and promises to provide those services that are specificall
designated and identified in the "Contract Specifications and Provisions" to whic
}3FI submit-ted and indiana State Board of Accounts Form 96 on March 23, 199~
which seven-page document is incorporated by reference herein, attached hereto an
made a part hereof as material terms of this Contract and marked "Exhibit A.' BI
further agrees and promises to meet, at its own expense, all specificatiom
requirem, ents and provisions of the four-page document entitled "Legal Notice t
Bidders, that is attached hereto, made a part hereof and marked "Exhibit B.' BI:
expressly agrees to, and adopts, for purposes of this Contract, all definitions, term
requirements, obligations and other information contained in the attached Exhibits
and B, to the extent any of same are not specifically addressed in the provisions
this Contract document. In particular Paragraph (10) and Exhibit A ("Reporti~
Requirements") is identified as an example of the several specific and material tern'
of this Contract illustrated on the attached Exhibits and BF[ expressly agrees t
perform the reporting, obligations and requirements contained therein subject to th
direction and supervision of the Director. To the extent it can be accomplished, BI
shall be required to collect the recyclable materials described in paragraph (6) belov
or as said paragraph is reasonably amended from time to time by the District or i~
Board of Directors, on the same day of regular garbage and refuse pickup, for soli
waste, in the respective cities, towns and geographical areas described in paragrap
(1) hereof, or within two (2) days thereof including all holidays except that collectio
of Recyclable Materials will not occur on Thanksgiving, Christmas, New Years Day.
From time to time, a bin may be missed due to inadvertence or mistake. Th
District shall notify BFI of any missed bin as quickly after it has learned of th
missed bin as is reasonably practicable. BFI shall pick up such missed bin by the en
of the second business day after being notified that such event occurred.
(3) BFI agrees and promises to perform the following functions during th
term of this Contract:
a. Provide one (1) eighteen-gallon recycling container to each of the
20,400 eligible households within the Cities of Jeffersonville, Clarksville,
Sellersburg, Charlestown, and the unincorporated portion of the Oak Park
Census Tract in Jeffersonville Township (Cities) in Clark County,
Indiana each of which will be imprinted with a standard recycling logo as
well as the script "CLARK COUNTY RECYCLES";
b. Collect commingled Recyclable Materials described in Paragraph
(6) hereof from at least 15,300 participating households (assuming 75%
participation) at or below the four-plex level within the Cities of Clark
County, Indiana every other week on the same day as regular refuse
collection;
c. Transport Recyclable Materials collected in the manner described
above to a materials recovery facility or any recyclable materials
handling and disposition facility ("a facility") other than an incinerator or
a landfill. BFI will be responsible for marketing the collected recyclable
2
materials to the highest or best bidder operating a facility. All revenue
which might be realized from the brokering, sale distribution or other
disposition of any and all Recyclable Materials collected as part of the
curbside recycling program, shall be returned to the District on a
quarterly basis within thirty (30) days of the end of each calendar quarter.
BFI Will submit a quarterly report within thirty (30) days of the end of
each calendar quarter which details the total revenues received for all
recyclables collected under this program disaggregated by specific
recyclable item (i.e., aluminum beverage container, # plastic, etc.).
d. Maintain concise and detailed records concerning the weight and
constituents of the Recyclable Material collected and provide a summary
of these records to the Executive Director of the Clark County Solid
Waste Management District (Director) on a monthly basis;
e. Landfill and/or incinerate no more than five percent (5%) by
weight of all materials collected without the express, written permission
of the Director;
f. Make a monthly report to the Director detailing the weight and
constituents of materials landfilled and/or incinerated which were
collected as a part of the curbside collection of Recyclable Materials and
the reason for directing these materials to final disposal facilities rather
than to a recyclable material processing facility.
g. Be responsible for, design and implement, a program for the
purpose of informing those who will be receiving curbside recycling
services under this Contract concerning the proper method for preparing
recyclable materials, use of the recycling container, role and purpose of
curbside recycling, date and time of program initiation. This program
may include distribution of informational brochures, use of print and
radio advertising, and direct mailing of information to eligible household.
The cost of this program shall be borne by BFI and all proposed
activities, brochures, mailings; advertisements, etc. shall be approved by
the Director prior to use. All actions taken and all materials prepared as a
part of the public information program will be submitted to the Director
for approval prior to implementation or use.
h. Be responsible to pick up bins at pre-designated locations on
property and replace the bins at that location after emptying the bin for
those households whose residents are handicapped or have some medical
reason that precludes the resident from transporting the bin to and from
the usual designated place. BFi, in consultation with the District agrees
to make the determination regarding location.
(4) The term of this Contract shall be for a period of four (4) years from the
date of execution. Consistent with its bid, BF[ agrees and promises to perforr
curbside recycling services hereunder for the price of Three Hundred and Fifty-fou
Thousand Nine Hundred and Sixty Dollars and 00/100 (354,960.00) ("Base Contrac
Price") per year subject to the terms of this paragraph. The parties further agree th~
on each annual anniversary date of the original contract execution the Base Contrac
Price shall be increased by a percentage equal to the percentage of increase in th
Municipal Cost Index for the previous twelve (12) months.
(5) BFI agrees and promises that it will commence performance of aJ
curbside recycling services set forth herein and set forth in the attached Exhibits ,~
and B no later than MAY 21, 1998. Time is of the essence of this Contract and BF
acknowledges that all time deadlines and dates set forth and specified herein in thi
Contract, or in any amendments hereto, are material terms of this Contract.
(6) The parties hereto mutually agree, to subsequent directive in writing bl
the District implementing reasonable changes, that the items to be collected by BF
during the performance of this Contract shall include:
a. Two (2) liter and 20-ounce P.E.T. soda bottles;
One (1) gallon and one-half (1/2) gallon H.D.P.E.
milk jugs;
c. Bi-metal beverage cans;
d. Aluminum beverage cans;
Emerald, flint and amber glass containers
(excluding window panes, plate glass and any
broken glass);
Old newspapers, including slicks ("slick" is
defined as any glossy advertisement delivered
normally with a newspaper); and
g. Tin-plated steel food containers
4
(7) The parties hereto mutually agree the BFI is, and shall be, a
independent contractor for all purposes during the performance of this Contract. BF
hereby agrees to indemnify and hold harmless the respective governments of th
County of Clark, The City of Jeffersonville, the City of Charlestown, the Town o
Clarksville, the Town of Sellersburg and the Clark County Solid Waste Managemen
District and its directors, employees, agents and staff from any loss, claim, demand o
liability incurred as a result of any act or omission by BFI or its employees an,
agents, which is alleged to have caused, by negligent or willful misconduct, persona
injury, property damage or other economic damage, during the term of the Contracl
All employees or agents of BFI, who perform any service for, or at he direction ot
BFI during the term of this Contract, are hereby agreed to be subject to the directiol
and control of BF[ and not of any of the cities, towns, counties or the Distric
identified in this paragraph. BFI shall be solely and exclusively responsible for al
compensation of its employees, agents and representatives, who perform any servic.
or function in relation to this Contract in Clark County, Indiana. BFI agrees am
promises that it will pay all reasonable attorney fees, court costs, judgements am
other litigation expenses for any of the governmental entities named in this paragrapl
who are made parties to any litigation or administrative proceeding as a result of an,.
negligent act or omission or act of willfulness conduct, by any BFI employee o
agent, whether alleged or proven, during the term, and alleged to relate to, BFI':
responsibilities, actions or performance under this Contract. The obligation to pa,.
reasonable attorney fees hereunder shall not be limited to the condition precedent o
litigation actually being filed; rather, BFI's obligation to pay such reasonable fee:
shall commence at the moment it becomes reasonably necessary for any city or town
county government or district decision to use legal services in response to any clain
made concerning BFI's performance of curbside recycling services hereunder.
(8) BFI agrees and promises that its performance hereunder shall be subjec
to the initial and continuing coordinating and supervisory control of the Executiw
Director of the Clark County Solid Waste Management District. The adequacy o
BFI's performance shall be subject to the Executive Director's evaluation ant
observations throughout the term hereof. All c~tizen complaints, District complaint~
or issues of non-compliance under this Contract, regardless of the source, shall b~
promptly forwarded to BFI and BFI, within fifteen (15) days of receipt thereof, shal
respond to the inquiry or compliant in a writing directed to the attention of thc
Executive Director. BFI agrees and promises to use good faith and reasonabl{
business efforts to address complaints and to conduct itself, through its agents ant
employees, consistent with its responsibilities under this Contract. A failure by
to respond to any complaint or inquiry issued by the Executive Director, or BFI's
5
reasonably correct any inadequacy addressed in such complaint or inquiry (if withi~
the purview or scope of this Contract) shall be considered a default by BFI.
(9) "Default" by BFI shall be defined to mean any act or omission by BF
that results in non-performance or inadequate performance of any of its obligation
hereunder. Non-compliance with any time or billing deadline set forth herein shal
also be considered a default. Additionally, failure to satisfactorily participate in th,
complaint/inquiry procedures set forth in paragraph (8) shall also be considered
default. Any other refusal to perform any other obligation under this Contract, or
refusal to reasonably cooperate with the Board of Directors, its professional star
Executive Director or Controller of the Clark County Solid Waste Managemen
District shall be considered a default. Upon the occurrence of any event of default
BFI shall be given written notice of such event and, thereafter, shall have twenty (20
days after receipt of same to respond, in writing, to such notice, setting forth a plan t~
cure any alleged default. Upon review of this return writing from BFI, the Board o
Directors of the Clark County Solid Waste Management District ("Distric
Directors") shall determine whether the proposed cure is practicable and reasonabl~
or whether this Contract shall be terminated. If such termination occurs, BFI shal
thereafter, at its own expense, take possession of all personal property within th¢
curbside recycling contract geographical area described in paragraph (1) and shal
bear the risk of loss or damage thereto if its personal property is not timely secure(
by BFI. Further, in the event of such termination, the Directors shall timeB
determine any net amount of monies due and owing BFI for services satisfactoril
performed before the event of default occurred and shall pay same, after deductin
actual expenses incurred by the Directors as a result of the default, includin
professional accounting expenses and/or attorney fees, to BFI.
(10) Should the District Directors, at tl{e times set forth in this paragrapl
satisfactorily document and establish for the other party that there is less than Fifty.
five Percent (55%) annual participation from households within the curbside
recycling geographical area set forth in paragraph (1) then the District Directors may
within thirty (30) days prior to each annual anniversary of the execution hereof, elec
to terminate this Contract. This election shall not be unreasonably exercised
withheld by the District D/rectors. Any termination decision pursuant to thi,'
paragraph shall be communicated, in writing, to BFI within the above time period.
a termination occurs for the reasons set forth in this paragraph, the District Director~,
agree to reimburse BF! Seventy-five Percent (75%) after the first year, Fifty Percen
(50%) after the second year and Twenty-five Percent (25%) after the third year of the
original cost of its collection bins and containers that were purchased by
specifically for the performance required of it under this Contract. BFI shall be
required, in this circumstance, to produce actual invoices for such bins and container~'
6
in order to establish such original cost. Thereafter, in this circumstance, this Contra(
shall be terminated as set out herein and BF[, at the expiration of sixty (60) days aft¢
the annual anniversary period described in this paragraph, shall have the sole an
exclusive responsibility, to collect and secure, at its own risk and expense, all bins
containers and other personal property located within the curbside recyclin
geographical area set forth in paragraph (l) and the District shall not be required t,
perform any such collection of property for BFI. All insurance coverages required b
Paragraph (14) hereof shall be maintained for a period of ninety (90) days afte
expiration of the Contract hereunder (coverage to continue for 150 days after th
anniversary date utilized for termination under this paragraph) at BFI's expense. BF
shall, should termination occur pursuant to this paragraph, indemnify and hold th
District, its administrative and professional staff harmless from any personal injury o
property damage that is caused or claimed against the District as a result of th~
termination procedures set forth herein. "Participation" shall mean that an eligibl,
household, as def'med on the attached exhibit, places a partially full recycling bin fo
BFI to collect on at least one occasion in a month. "Annual participation" shall meal
that an eligible household is so participating for nine (9) of the previous twelve (12
months.
(1 l) Absent termination of this Contract as set forth in Paragraph (10), it shal
be BFI's sole and exclusive responsibility, at the expiration of the contract term Se
forth in paragraph (4) above, or upon the occurrence of any default, to collect ant
secure, at its own risk and expense, all bins, containers and other personal propert!
located within the curbside recycling geographical area set forth in paragraph (1) ant
the District shall not be required to perform any such collection of property of BFI
nor incur or bear any risk of loss if same are not secured by BFI. The Directors
thereafter, shall timely determine any net amount of monies due and owing BFI fo
services satisfactorily performed before the event of default occurred and shall pa:
same, after deducting actual expenses incurred by the Directors.
(12) All notices required to be served or mailed to each party shall b~
considered properly served and mailed if directed as follows:
FOR BFI:
District Manager
BFI Waste Systems
P. O. Box 43729
Louisville, Kentucky 40253-0729
(502) 245-1234
FOR THE DISTRICT:
Executive Director
Clark County Solid Waste Management District
1638 East Tenth Street
Jeffersonville, Indiana 47130-6275
(812) 285-7963
(13) BFI shall be required to submit a performance bond which will ensur
proper completion of the required services over the life of the Contract. Th
performance bond shall include an amount equal to four times the total first year bas
bid amount. The performance bond required at each anniversary date of the Contrac
shall include an amount equal to the number of years remaining in the Contract time
the original total annual base bid amount. The performance bond for the year of th
Contract shall remain in force for one year beyond the completion of this Contracl
Failure to submit such performance bond pursuant to this paragraph shall be a breac]
of this Contract.
(14) This document contains the entire agreement of the parties and is ne
subject to any other oral terms unless mutually agreed to by both parties an~
subsequently reduced to a writing signed by authorized representatives of each party
This document, and its factual and legal terms and applications, shall be constme~
under Indiana law. The parties agree that the venue for any court litigation that ma'.
occur between the parties with reference to this document shall be in any circuit o
superior court in Clark County, Indiana.
(15) BFI agrees and promises to provide insurance coverage, during the tern
of this Contract, in the following particulars and amounts and BFI agrees to provid~
certificates of such insurance coverage, including policy coverage dates, to tN
Executive Director on or before February 15 of each year included in the contrac
term. BFI shall name the Clark County Solid Waste Management District, it:
administrative offices and professional staff as additional insured parties to the exten
of BFI's liability for the coverage described below. BFI promises to immediatel,
notify the Executive Director, in writing, of any lapse or change in the belox;
insurance coverage:
Type of Insurance
Amount of Coverage
(a) Comprehensive General Liability
$2,000,000.00
Bodily Injury and Property Damage
(b) Automobile Liability
Bodily Injury and Property Damage
(c) Umbrella Liability
Bodily Injury and Property Damage
(d) Worker's Compensation and Employer's Liability
$2,000,000.0C
$3,000,000.0C
As required b
Indiana law
(16) BF'I agrees and promises that the District shall not be responsible for tl'
withholding, holding, escrow or other management of any taxes or funds of BFI tha
may be subject to payment to any taxing entity in any state or for the United States
The parties mutually agree that this responsibility shall rest exclusively with BFI an.
that BFI is an independent contractor hereunder and not an employee, servant
agent of the District by virtue of this Contract.
(17) The parties mutually agree that if there is a substantial change in Indiaa
law the materially alters or modifies the continuing existence or authority of th,
District to engage in this Contract, or if the District incurs a loss of appropriation o
funding as a result of any legislation or federal, state or local ordinance, law o
regulation, then the District shall be entitled to terminate this Contract and, in thi
event, the termination procedures described in paragraph (10) shall commence to th,
extent of available District funding.
(18) BFI agrees to submit, at the time of execution hereof, a performanc~
bond with coverage in the sum of at least One Million Four Hundred Thousand Eigh
Hundred and Forty Dollars ($1,419,840.00) payable to the District in the event o
non-performance or any failure by BF[ to perform its obligations under this Contract
BFI shall renew this performance bond on or before each annual anniversary date o
this Contract. On such anniversary date the amount of performance fond shall b~
reduced to a sum equal to the number of years remaining in this Contract multiplier
by $354,960.00 (the Base Contract Price).
(19) The parties mutually agree that BFI shall be paid the contract pric~
described in paragraph (4) hereof, provided it is in compliance with the terms hereof
in the following manner during the existence of this Contract:
BFI shall submit a monthly invoice for curbside recycling services
in the amount of $29,580.00 on or before the tenth (10) day of each
calendar month. If the Executive Director detem~ines that BFI is in
compliance with all appropriate provisions and specifications of this
contract, payment shall be made to BFI by the District within thirty (30)
days of the tenth (10) day of each calendar month.
BFI may submit to the Executive Director, from time to time, but no more
often then monthly, an invoice which reflects the actual households for
which it is providing service. Upon satisfaction by the Executive
Director that the numbers of households reflected on the invoice is in fact
an accurate count of the numbers of households which are being serviced
and that BFI is otherwise in compliance with the appropriate provisions
and specifications of the contract~ the Executive Director may approve
additional payment to BFI at the rate of one dollar and forty five cents
($1.45) per additional household not to exceed an additional two thousand
five hundred ($2,500) households. BF[ shall provide one (1) eighteen-
gallon recycling container to each of the additional eligible households.
10
THIS CONTRACT SIGNED ON THIS ,/-]~ DAY OF
'-~o~ ,~,,. , 1998 BETWEEN BROWNING-FERRIS
INDt!STRIES, INC. AND THE CLARK COUNTY SOLID WASTE
MANAGEMENT DISTRICT ON BEHALF OF THE CITY oF
JEFFERSONVILLE, THE CITY OF CHARLESTOWN, THE
TOWN OF CLARKSVILLE, THE TOWN OF SELLERSBURG
AND CLARK COUNTY, INDIANA.
BROWNING-FERRIS, INC. OF KENTUCKY
Printed Name
Title
ll
SIGNED AND EXECUTED THlS 17th DAY OF NOVEMBER, 1998 BY THE CLARK
COUNTY SOLID WASTE MANAGEMENT DISTRICT BOARD OF DIRECTORS:
/T ~h//oo m a~s~R.' Galligan/~~'
Ralph Guthne, Chairm~n
Paa~, Garre~ ~ Kelly-C'*onn J
/
Susan Popp
Vicki Conlin
12
SIGNED AND EXECUTED THIS
BY THE CITY OF JEFFERSONVILLE, INDIANA
Thomas R. Galliga~
-, 1998
Attest:
Cierk-Treasurer for tl~e
City of Jeffersonville
SIGNED AND EXECUTED THIS ~ ~ ~ DAY OF
BY THE TOVfN OF CLARKSVILLE, INDIANA
]~¢c~&m~/3~ .-, 1998
inta, President
Attest:
. Z> & ?v~r-Yfor the Town of Clarksville ~
13
SIGNED AND EXECUTED THIS //V ~{ DAY OF
BY THE CITY OF CHARLESTOWN, INDIANA
-, 1998
Bob Braswell, Mayor
Attest:
Sharon Barnes
Clerk-Treasurer for the
City of Charlestown
SIGNED~,AND EXECUTED THIS / ~ DAY OF
BY THF//T/OWN OF SELLERSBURG, INDIANA
-, 1998
Attest:
Linda Schafer, Clef-fi-Treasurer ~ II
for the Town of Sellersburg ~
14
SIGNED AND EXECUTED THIS
BY THE BO~RDi OF) C~MISSIONERS OF
· Ed~Vl~y~r,~President ~ d/
Ralph Gtuthr]e '~ v ,
DAY OF
CLARK COUNTY, INDIANA
-,1998
au/F. Garrett
Attest:
15
LEGAL NOTICE TO BIDDERS
The Clark County Solid Waste Management District will receive sealed proposals for the
provision of curbside recycling services within tile cities of Jeffersonville, Ctarksville
Sellersburg, Charlestown and the Oak Park CensL~s Tract (1990 Census Tract 506.04) withir
unincorporated Clark County, Indiana. These proposals will be received between 4:00 a.M. ant
5:00 P.M. on Monday, March 23, 1998 in Room 308, City-County Building, 501 E. Court Ave.
Jeffersonville, IN 47130. All bids will be first opened at a meeting of the Board on March 23.
1998 at 5:00 P.M. or as soon as the meeting formally opens.
The work for which proposals are being sought will involve the collection at curbside,
transport, brokering, sale and disposal of selected recyclable materials from each of the
estimated 15,300 participating residential housi~g units, at the four-plex level and below, within
the communities specified above on a bi-weekly basis. The selected contractor will be required
to supply all labor, equipment and other materials necessary to collect and divert these recyclable
materials from landfills and/or incinerators.
All bids shall be accompanied by a completed Form No. 96 as prescribed by tile Indiana
State Board of Accounts. Bids will be included on a bid proposal form which can be obtained
by contacting the Clark County Solid Waste Management District office itl Jeffersonville,
Indiana. All bids must also be accompanied by a bidder s bold or certified check i~ tile anoult
of Five Percent (5%) of tile total annual bid amount /'or tile pnrpose of insuring the intention of
the bidder to execute a contract to perform the specified work in a manner and at a cost as
specified in the submitted bid.
The successful bidder will be required to furnish a performance bond in tile amount of
One Hundred Percent (100%) of the total contract amount for the four-year contract period. The
Clark County Solid Waste Management District reserves tile right to award tine contract for
curbside recycling services based on tile most advantageous bid or to reject all bids.
Specifications for the proposed services are available at tile office of tile Clark County
Solid Waste Management District, 1638 E. 10th St., Jeffersonville, IN 47130 and at the office
of Larry O. Wilder, Attorney at Law; 530 E. Court Ave., Jeffersonville, IN 47130.
INFORMATION FOR BIDDERS
1. Scope of Services
The selected contractor will provide the personnel, equipment, materials and other sucl'
appurtenances as may be required to effectively (a) provide one (1) eighteen-gallon recyclin~
container to each of the 20,400 eligible households within the cities of Jeffersonvilte, Clarksville
Sellersburg, Charlestown and the unincorporated portion of the Oak Park Census Tract ir
Jeffersonville Township ('~Cities") in Clark County, Indiana each of which will be imprintec
with a standard recycling logo as well as the script "CLARK COUNTY RECYCLES," (b) collec~
commingled Recyclable Materials including, but not limited to, old newsprint, clear and c01orec
glass, aluminum beverage containers, bi-metal containers, gl and //2 plastics from at leas~
15,300 participating households (assuming 75% participation) at or below the four-plex level
within the Cities in Clark County, Indiana every other week on or near the same day as regular
refuge collection, (c) transport Recyclable Materials collected in the manner described above tc
a materials recovery facility or any Recyclable Materials handling and disposition facility other
than an incinerator or a landfill, (d) maintain concise and detailed records concerning the weight
and constituents of the Recyclable Materials collected and provide a summary of these records
to the Executive Director of the Clark County Solid Waste Management District ("Director")
on a monthly basis, (e) landfill and/or incinerate no more than Five Percent (5%) by weight of
all materials collected without the express, written permission of the Director, (t) make a
monthly report to the Director detailing tile weight and constituents of materials landfilled and/or
incinerated which were collected as a part of the curbside collection of Recyclable Materials and
the reasons for directing these materials to final disposal facilities rather than to a Recyclable
Material processing facility.
2. Bidding Procedure
The bidder shall submit a unit price and an annual bid amount for providing the above described
services. The unit price shall be in the form of a price per household served per month which
shall be multiplied by 12 (months) and by 15,300 (estimated participating households) to
determine an annual bid amount for the first year of the contract.
3. Bid Form
All bids shall be submitted on Indiana State Board of Accounts Form No. 96, Contractors Bid
for Public Works, as well as the Bid Form supplied by the Clark County Solid Waste
Management District. Both forms must be fully completed in order to receive consideration.
4. Length of Contract
The contract for the provision of curbside collection and disposition of Recyclable Materials
described herein will remain in effect for four (4) years from the date of execution. However,
a voluntary Alternate Bid gl is requested for a five (5) year term. Each year on the anniversary
of the date of the execution of this original contract, the base bid will be increased by a
percentage equal to the percentage of increase in the Municipal Cost Index for the previous
twelve (12) months. In addition, the base bid amount which is paid under the terms of thi
agreement will be evaluated annually to determine the necessity to increase the payments to th,
contractor due to an average bi-weekly household participation rate over the past twelve (12
months in excess of 15,300. In this case, the base bid amount paid to the contractor may
adjusted upward by an amount equivalent to the unit price per household (escalated by th~
appropriate Municipal Cost Index multiplier) times the number of participating households
excess of 15,300. In no case, however, will the base bid amount be reduced on the anniversa
date of this contract due solely to net negative movement in the Municipal Cost Index over
previous twelve (12) ~nonths. If the number of participating houselnolds should fall belov
i0,000 on or after the first anniversary date of the contract as averaged over the previous twelw
(I2) months, the contract shall be subject to termination.
5. Oualifications of Bidder
The bidder must supply evidence demonstrating at least one (1) year of proven competence ant
experience in the curbside collection and disposition of household Recyclable Materials ir
addition to at least three (3) years experience in secondary materials management. This evidenc~
must include proof of capital and equipment resources currently available or which can be mad~
available to perform the work described herein. Information must also be submitted whicl'
demonstrates the ability of the bidder to effectively market, sell, broker or otlnerwise beneficiall}
dispose of Recyclable Materials in a manner other tlnan landfilling and incineration. Al
qualification information will be clearly delineated as a part of tile completion of Form 96,
Contractors Bid for Public Works, as supplied by the Indiana State Board of Accounts.
6. Award of Contract
The contract for curbside collection of Recyclable Materials will be awarded to the bidder whc
submits the lowest responsible and responsive bid, subject to the provisions of Indiana law.
7. Performance Bond
All bidders shall be required to submit a performance bond with will ensure proper completion
of the required services over the life of the contract. The initial performance bond shall include
an amount equal to four time the total first year base bid amount. The performance bond
required at each anniversary date of the contract shall include an amount equal to the numbe~
of years remaining in the contract tim~s the original total annual base bid amount. Performance
bonds submitted by unsuccessful bidders will be returned within ninety (90) days of the
execution of a contract with the succ(ssful bidder. The performance bond for the final year of
the contract shall remain in force for one (I) year beyond the completion of this contract.
8. Bid Bond
Ali bidders are required to submit a bidder's bond or certified check in an amount of not less
than Five Percent (5%) of the total annual bid amount as a guarantee that the bidder will ente~
into a contract with the Solid Waste Management District within ten (10) days after being
notified of the acceptance of the bid. This bid bond will be forfeited to the Solid Waste
Management District in the event that the selected bidder fails to enter into a contract to provide
the specified services within the specified period. All paid bid securities will be
returned/retained in accord with law.
9. Option to Accept or Reject; Final Negotiations
The Clark County Solid Waste Management District retains the exclusive option to reject any
and ali bids for any and ail reasons and the submission of a bid is not to be construed, by any
submitting party, as acceptance of a contract or an offer of same. Any bid preliminarily selected
by the Board shall be subject to such final negotiations as are necessary for clarity and for other
internal administrative process.
Chairperson, Board of Directors
Clark County Solid Waste Management District
CONTRACT SPECIFICATIONS AND PROVISIONS
I. Definitions
For purposes of this Agreement, tile following terms shall apply:
Cities: The Cities ofJeffersonville, Clarksville, Sellersburg, Charlestown and the
unincorporated portion of Jeffersonville Township included within the Oak Park
Census Tract as so defined by the 1990 Census, ali within Clark County, Indiana.
Contractor: Person, firm or corporation enteriag into a contract with the Clark
County Solid Waste Management District to complete the work as described
herein.
Curbside Recycling Collection Services: The collection, separation, storage,
transportation and marketing of Recyclable Materials for the residential housing
units of the Cities including the furnishing of all labor, materials, supplies,
equipment, facilities, work and other related items pertinent and incidental to the
collection, processing, brokering and disposal of Recyclable Materials.
Director: The Executive Director of the Clark County Solid Waste Management
District.
District: The Clark County Solid Waste Management District.
Eligible Households: All single-family residential households at the four-plex
level or below, and all other buildings, apartment complexes and structures,
which receive garbage collection services within the corporate limits of
Jeffersonville, Clarksville, Sellersburg and Charlestown as well as within the
limits of the oak Park Census Tract within the unincorporated portion of
Jeffersonville Township as so delimited duriag the 1990 Census. Estimated to be
a total of 20,400 households.
Oak Park Census Tract: 1990 Census Tract 506.04 as defined by the U.S.
Department of Commerce, Bureau of the Census. This area includes
approximately 1,980 eligible households. It is located in Jeffersonville Township
and it is delimited by Perrin Lane on the west, Middle Road on the north, Port
Road on the east and the Ohio River on the south.
Participating Honseholds: The actual number of households which are expected
to participate in this curbside recycling program on a regular basis. Estimated
to 75% of the total eligible households or 15,300 households.
Recyclable Materials: All newsprint, flint, amber and emerald glass, aluminum
beverage containers, bi-metal cans, tin-plated steel cans and Grade # I and Grade
# 2 plastics.
Recyclable Materials Collection Container: A rectangular container made or' at
least Fifty Percent (50%) post-consumer rigid plastic of an t8%allon capacity
which includes no lid and is bright orange in color with a standard recycling logo
surrounded by "CLARK COUNTY RECYCLES" in green script on two sides of
each container.
Responsible Party For Billing ("Responsible Party"): The owner of the real
estate, apartment complex, building and/or home shall be the party that is
responsible to pay curbside recycling billings issued by the District.
2. Scope of Services
The selected contractor will provide the personnel, equipment, materials and other such
appurtenances as may be required to effectively (a) provide one (1) I8-gallon recycling container
to each of the 20,400 eligible households within the Cities of Jefi-'ersonville, Clarksville,
Sellersburg, Charlestown and the unincorporated portion of the Oak Park Census Tract in
Jeffersonville Township (Cities) in Clark County, Indiana each of which will be imprinted with
a standard recycling logo as well as the script "CLARK COUNTY RECYCLES," (b) collect
commingled Recyclable Materials including, but not limited to, old newsprint, clear and colored
glass, aluminum beverage containers, bi-metal containers, #1 and 112 plastics from at least
15,300 participating households (assuming 75% participation) at or below the four-plex level
within the Cities in Clark County, Indiana every other week or near the same day as regular
refuse collection, (c) transport Recyclable Materials collected in the manner described above to
a materials recovery facility or any Recyclable Materials handling and disposition facility other
than an incinerator or a landfill, (d) maintain concise and detailed records concerning the weight
and constituents of the Recyclable Materials collected and provide a summary of these records
to the Executive Director of the Clark County Solid Waste Management District (Director) on
a monthly basis, (e) landfill and/or incinerate no more than Five Percent (5%) by weight of all
materials collected without the express, written permission of the Director, (f) make a monthly
report to the Director detailing the weight and constituents of materials landfilled and/or
incinerated which were collected as a part of the curbside collection of Recyclable Materials and
the reasons for directing these materials to final disposal facilities rather than to a Recyclable
Material processing facility. The contractor shall provide these services for each Responsible
Party in each household.
3. Term of Agreement
The basic length of this agreement will be four (4) years from the date of execution of the
contract. As a voluntary alternate proposal, it is requested that each bidder submit a proposal
for five (5) and six (6) years. The contract shall, however, be subject to annual review based
upon the participation rate among eligible households. It' total ~.verage participation on a
monthly basis over the previous year falls below Fifty-five Percent (55%), the District Board
may cancel this contract without financial penalty to the District or to participating
municipalities. This contract shall also be subject to annual review for the purpose of adjusting
-2-
contract price based on the previous 12-month percentage cl~ange in tlqe Mnnicipal Cost Index
4. Time of Collection
The selected contractor shall be required to collect Recyclable Materials from all eligible
households at the curbside once every other (i.e. bi-weekly) on or near the same day tha~
ordinary household refuse is collected except that collection of Recyclable Materials will nol
occur on January i, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day.
Collections which would normally occur on these days will be rescheduled for a day which
mutually agreed upon by the contractor' and the Director.
5. Recyclable Materials Collection Container
The selected contractor will be responsible for providing each of the 20,400 eligible housebolc
within the service area with one (l) rectangular 18~gallon recyclable materials collection
container. This container shall be designed specifically for the curbside collection of household
recyclable materials. This container will not include a lid and this container will be composed
of at least Fifty Percent (50%) post-consumer recycled plastic resin. This container will be
bright orange in color and it will be imprinted on two sides with the standard recycling logo as
well as the script "CLARK COUNTY RECYCLES." This container will be distributed to all
eligible households within the Cities by the contractor at least two weeks but no more than four
weeks prior to the first scheduled collection of Recyclable Materials. Also distributed with the
recyclable materials collection containers will be a one-page informational pamphlet prepared
and supplied by the contractor which describes, at a minimum, the cnrbside recycling program,
the materials which are being collected and how to prepare them, and the date when collection
will begin. This informational pamphlet must be submitted to and approved by the Director
prior to distribution. The contractor will be responsible for providing replacement containers
at no cost to citizens not to exceed Ten Percent (10%) of the total number of containers
originally distributed. Additional containers required beyond this number will be provided at
the contractor's cost.
6. Distribution of Revenues From Sale of Rec¥clable Materials
All revenue which might be realized from the brokering, sale, distribution or other disposition
of any and all Recyclable Materials collected as part of the curbside recycling program, shall
be returned to the District. The selected contractor will also bear total responsibility for
incurring the expense associated with the landfilting or other disposition of any materials
collected during this program which cannot be recycled or otherwise beneficially reused.
7. Refusal to Collect
The contractor will be empoxvered to refuse to collect Recyclable Materials which are not placed
within the Recyclable Materials Collection Container or which are not otherwise properly
prepared for curbside collection. When service ~s refused at any eligible household, information
-3-
shall be provided to that household by the contractor describing tile reasons for that refusal ant
the appropriate remedial action which must be taken in order to resume service.
8. Recyclable Materials Collected
The Recyclable Materials collected will initially include but not be limited to old newsprint,
aluminum beverage containers, bi-metal beverage containers, flint and amber glass, and gl anc
#2 plastics. The mix of Recyclable Materials which will be collected will be subject to annual
review to ensure that materials are not being collected for which no markets exist. The
contractor may, at any time, request revisions in the mix of Recyclable Materials which are
being collected as part of this program for the above reason. The decision to change the mix
of Recyclable Materials which is being collected will be made by the Director and the contractor
will be responsible for preparing and distributing information to households describing the
change and how to comply therewith.
9. Public Information Program
It will be the responsibility of the contractor to design and implement a program for the purpose
of informing those who will be receiving curbside recycling services nnder this contract
concerning the proper method for preparing Recyclable Materials, use of the recycling container,
role of curbside recycling, date and time of program initiation. This program will include
distribution of informational brochures, use of print and radio advertising and direct mailing of
information to eligible households. The cost for this program shall be borne by the contractor
and all proposed activities, brochures, mailings, advertisements, etc. shall be approved by the
Director prior to use. All actions taken and all materials prepared as a part of the public
information program will be submitted to the Director for approval prior to implementation or
use.
i0. Reporting Requirements
The selected contractor will be required to supply the Director with monthly reports on or
before the 15th day of the month which include:
A4
Total number of households which set out recyclable materials
collection container for recycling at least one time within the past
calendar month;
A listing by street address of eligible residences which have not set
out the recyclable material collection container on at least one
occasion over the past month;
A listing by street address of the residences which have been
refused curbside recycling services by tile contractor at least one
time within the past month and the reasons for that refusal:
-4-
A summary of all recyclable materials collected at the curbside
reported on a weight basis and delineated as to the various types
of individual recyclable constituents which are being collected as
part of this program; and
A snmrnary of all materials, delineated by weight and by
constituent, which were collected at the curbside but which were
landfilled and/or incinerated.
In addition, the contractor will submit an annual report to the Director each year within ninet
(90) days after the anniversary date of the contract in which the contractor will surnmarize:
Total weight of materials recycled and landfilled/incinerated over
the previous year disaggregated, by individual constituent such as
aluminum beverage container, # 1 plastic, old newsprint, etc.;
B. Average annual participation rate aggregated from monthly data;
Identification and discussion of areas in which, on a localized
basis, participation rates are consistently below Fifty-five Percent
(55%) and analysis of the reasons for poor participation in these
areas;
Efforts undertaken by the contractor as part of the public
information program required by this contract and the observed
effects of this program; and
Suggestions from the contractor, based on the previous years
experience, for modifications to the current curbside recycling
program which may increase parlicipation, increase recycling
rates, increase convenience to residents served by the program, or
decrease program costs.
i 1. Disposition of Recyclable Materials
The contractor will be responsible for marketing the collected recyclable materials to the highes
or best bidder. The contractor will submit a quarterly report within thirty (30) days of the end
of each calendar quarter which details the total revenues received for all recyclables collected
under this program disaggregated by specific recyclable item (i.e. atuminum beverage container.
gl plastics, etc.)
-5-
12. Contractor's Request for Payment
The contractor must submit a request for pay:nent for services rendered on a monthly basis
This request for payment must be accompanied by the monthly activity report referenced
Section 10 above and it is to be submitted to the Director. Payment will be made within thir
(30) days of the receipt of said request for payment.
I3. Termination of Agreement
If the contractor fails to perform the required services in accordance witb tile provisions detaile
herein, the District shall notify the contractor of the nature of the failure and the contractor sbal
have fifteen (i5) days to initiate remedial action and no more than forty-five (45) days tc
complete said remedial action. If remedial action is not undertaken within fifteen (15) days ol
notification by the District or if remedial action is not completed within forty-five (45) days ol
said notification, the contractor shall be deemed to be [n violation of the curbside recyclin~
collection contract and said contract will be subject to automatic termination by tile District anc
the contractor's performance bond will be subject to forfeiture.
14. Insurance Requirements
Prior to the initiation of work under this contract, the contractor mnst show evidence of havin
the following insurance coverage:
Workmen's Compensation Full workmen's compensation
coverage in accordance with Indiana Workmen's Compensation
Statutes must be demonstrated.
Liability Inst, rance - The contractor must maintain liability
coverage such that One Million Dollars ($1,000,000) of coverage
i~ available for any one event of property damage and/or bodily
injury resulting from any activities performed under the provisions
of this contract. The Clark County Solid Waste Management
District and the Cities of Jeffersonville, Clarksville, Sellersburg,
Charlestown and Clark County shall be named as additional
insured on these insurance policies. The contractor shall supply to
the District a certificate of insurance specifying the foregoing
insurance coverage.
[5. General Indemnity
The contractor shall hold harmless and indemnify the Clark County Solid Waste Managemen
District, the City of Jeffersonville, the City of Charlestown, tile Town of Clarksvi/te, the Town
of Sellersburg, Clark County and their employees and agents from any claims, damages, losses
and liabilities resulting from the work performed under the provisions of this contract.
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Voluntary Alternate//2.
Incorporate all of foregoing specifications and provisions. Submit a bid for an
additional contract price for delivery of the foregoing services to additional subdivisions
in unincorporated Clark County, on a per subdivision basis, comprised of (a) 50 homes:
(b) 51-100 homes and (c) 101-250 homes.
Voluntary Alternate #3.
Incorporate all of foregoing specifications and provisions. Submit a bid for an
additional contract price for delivery of the foregoing services to the following eligible
households within the Cities and Towns in Clark County, Indiana, that are designated in
these specifications (a) 5-plex-10-plex: (b) 1 l-plex-50-plex: (c) 51-plex - 200-plex: (d)
201-plex and above.
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