Loading...
HomeMy WebLinkAbout1998-R-12 98-R- I~ RESOLUTION ADOPTING THE SOLID WASTE INTERLOCAL AGREEMENT WHEREAS, the City of Jeffersonville has been a member of the Clark County Solid Waste Board since its inception; and WHEREAS, the City of Jeffersonville was party to a previous Interlocal Agreement concerning curbside recycling of solid waste in selected areas of Clark County which expired on the 31st day of December, 1997; and WHEREAS, it is in the best interest of the citizens and taxpayers of the City of Jeffersonville that the City enter into a new Interlocal Agreement to provide for curbside recycling of solid waste throughout Clark County. NOW, THEREFORE, IT IS HEREBY RESOLVED that Common Council of the City of Jeffersonville does hereby adopt the provisions of the Solid Waste Interlocal Agreement attached hereto as Exhibit A and incorporated by reference herein. Approved and signed by me th~s ~_ day of ~...~..¢_.,"2_..- , 1998. allig Presiding Officer ~/ ATTEST: Presented by me as Clerk and Treasurer to the Mayor of said City Jeffersonville, Indiana this ~_ day of ~, 199 . of Th. is. Resolution approved and signed by me this ~, day of 2 INTERLOCAL JOhNT COOPERATION AGREEMENT CONCERNING THE IMPLEMENTATION OF CURBSIDE RECYCLING PROGRAMS IN CITIES, TOWNS AND DESIGNATED AREAS OF THE CLARK COUNTY SOLID WASTE MANAGEMENT DISTRICT (Effective January 1, 1998) WHEREAS the Clark County Solid Waste Management District Board of Directors ("District") is a duly-authorized and existing entity pursuant to I.C. 13-1-12-1 and I.C. 13-9.5-1- 29; WHEREAS the Clark County District Board of Directors serves a single-county district pursuant to I.C. 13-9.5-2-5, said single-county being Clark County, Indiana; WHEREAS the District Board has, heretofore, approved a District Solid Waste Management Plan and amendments thereto ("the Plan") as is required by I.C. 13-9.5-4-I and has complied with all requirements of notice and public hearing as required by law prior to submission of the Plan to appropriate state authorities; WHEREAS certain provisions of the Plan provide for a requirement that the District implement curbside recycling programs within the District by the end of calendar year 1997; WHEREAS the City of Jeffersonville, the Town of Clarksvitle, the City of Charlestown and the Town of Sellersburg are incorporated governmental units within the District ("the cities and towns," "governmental entity or entities" where applicable herein); WHEREAS the Board of Commissioners of Clark County, Indiana ("Commissioners") is responsible for the general administrative government of the unincorporated areas of the county and is desirous of participating in a joint curbside recycling program for certain densely- populated areas of the county that are contiguous to a municipality, specifically 1990 Census Tract 506.04 ("the county area" - see attached map); WltEREAS the cities and towns, by their duly-authorized representatives whose signatures appear hereon, are each, respectively, desirous of entering into a joint curbside recycling program for the geographical area located within their respective corporate/municipal boundaries ("the cities and towns"); WHEREAS the District, pursuant to I.C. 13-9.5-2-11 et seq. has the power to develop and implement a solid waste management plan, the power to receive and disburse funds, the power to otherwise do all things necessary for the reduction, management and disposal of solid waste and the recovery of waste products from the solid waste stream, the power to adopt resolutions that have the force of law and the power to enter into interlocal cooperation agreements for fiscal, administrative, managerial or operational services from a county or municipality; WHEREAS I.C. 36-1-7-2, 36-1-7-3 and 36-1~;/-12 provide the legal mechanism for the Commissioners, the cities and towns and the District to enter into an interlocal joint agreement for mandatory eurbside recycling programs in the District, consistent to the Plan previously submitted to state authorities by the District Clnterlocal Agreement"); ~ WHEREAS the cities and towns and the Commissioners ~nd the District have executed "A Resolution and Ordinance Establishing Mandatory Curbside Recycling Within the Corporate Boundaries of Designated Cities and Towns and Within Designated Unincorporated Areas of the Clark County Solid Waste Management District and For Regulating Recycling in the District" ("the Resolution and Ordinance"), which contains provisions, performances, requirements and definitions to which all signers of this Instrument agree and the Resolution and Ordinance, and ail its provisions, performances, requirements and definitions are incorporated herein and made a part hereof. NOW, THEREFORE, BE IT AGREED BY THE DISTRICT, THE CITIES AND TOWNS AND COMMISSIONERS AS FOLLOWS: (1) That each and every recital stated above is incorporated into this Agreement; (2) The District, the Commissioners and the cities and towns (hereinafter "the parties," where applicable) hereby authorize and appoint the District as the sole and exclusive bidding party responsible for the advertisement, awarding, management and coordination of payment (subject to the provisions contained below) of a curbside recycling contract for the cities and towns and for the 1990 Census Tract 506.04 of unincorporated Clark County, Indiana ("the county area"), which contract shall become operational on or about April 30, 1998 and shall be for a four (4) year term thereafter; (3) The parties further agree that the cities and towns, and the Commissioners, shail each, respectively, refrain from engaging in any individuai curbside recycling projects or vendor contracts within the contract area during the contract term unless same is approved and coordinated by the Board of Directors of the District as a result of a three-fourths (3/4) vote of all members of said Board of Directors present and voting; (4) The parties further agree that they shall be responsible for management and payment of said four-year recycling vendor contract, during each of the years of said contract, as shown below. For payment purposes, the term "jurisdiction" shall mean, in the case of cities and towns, the geographical area within its municipal boundaries; in the case of the county, this term shall mean those specific geographical areas/subdivisions, in the unincorporated county, wherein recycling services under the vendor contract are provided. Agreed payment terms are as follows: a. The District will bear the full cost of bidding, initiating, coordinating, implementing and oversight of the contract during the contract term. The District will bear the full cost of all publications required by law for each governmentai Page 2 entity participating herein in order for the Resolution and Ordinance to become effectively and legally promulgated. b. During the First year of the contract, the District shall be responsible for paying all of the cost of the recycling vendor contract. c. During the Second year of the contract each participating city and town, and the Commissioners in relation to the county area, shall be responsible for paying one-half (1/2) of the shortfall between the cost of the curbside recycling contract, in each jurisdiction, and the amount billed per household at a 100% collection rate. The District will pay the remaining one-half (1/2) thereof. Within sixty (60) days after notification from the District, each city and town that is a party hereto shall remit to the District the balance of unpaid curbside recycling bills from within their respective jurisdiction. d. During the Third year of the contract each participating city and town, and the Commissioners in relation to the county area, shall be responsible for paying two-thirds (2/3) of the shortfall between the cost of the curbside recycling contract, in each jurisdiction, and the amount billed per household at a 100% collection rate. The District will pay the remaining one-third (1/3) thereof. Within sixty (60) days after notification from the District, each city and town that is a party hereto shall remit to the District the balange of unpaid eurbside recycling bills from within their respective jurisdiction. e. During t[',e Fourth year of the contract each participating city and town, and the Commissioners in relation to the county area, shall be responsible for paying three-fourths (3/4) of the shortfall between the cost of the curbside recycling contract, in each jurisdiction, and the amount billed per household at a 100% collection rate. The District will pay the remaining one-fourth (1/4) thereof. Within sixty (60) days after notification from the District, each city and town that is a party hereto shall remit to the District the balance of unpaid curbside recycling bills from within their respective jurisdiction. f. The signing parties mutually agree that the above shared payment responsibilities shall be available, to effect recycling services in Clark County, Indiana only to those cities and towns who, by passage and signature hereto, are parties to this Interlocal Joint Cooperation Agreement. Further, it is agreed by all parties hereto that the respective cities and towns, and the Commissioners in relation to the county area, shall be individually responsible for payment of all of the cost and expense to the extent these entities, during the term of this Agreement, elect to make (e.g.) businesses, apartments or other locations subject to a recycling requirement within their respective.~urisdiction. These government entities agree to reimburse the District, on a monthly basis, for any expenses incurred by the District in relation to such additional users. Such decisions to add Page 3 additional customers shall be approved by the governing body of each jurisdiction. Thereafter, the District shall provide monitoring and billing services to such additional users consistent with the terms hereof. g. The parties acknowledge that the District does not have the resources to pursue delinquent accounts. Therefore, each city and town, and the Commissioners for the unincorporated area, agrees to be individually responsible for the collection of delinquent curbside recycling user accounts after bills issue. h. The parties hereto expressly agree that, pursuant to IC 13-21-3-12(17), the District does not have the authority to impose resolutions that have the force of law upon a city, municipality or the county. Therefore, the parties agree that all primary authorizing decisions, which seek to deliver recycling or District services of any kind, to a city, town or the county, including the terms of this Agreement and including any future pricing modifications, must first be approved and authorized by the governing board of the county and each city and town where such services or pricing will be effective. i. Each city and town, and the Commissioners for the unincorporated area, as well as the District, shall execute any recycling contract hereunder before same becomes binding upon any other party hereto. Any ambiguity in any such recycling contract, concerning payment responsibilities, shall be construed to effect the shared payment responsibilities set forth herein. j. The parties ac'knowledge that the county, through its Board of Commissioners has contributed a total of approximately $726,303.00 in prior years as a supplement to a preceding recycling contract. The Commissioners are unable to make such commitments in the future and the parties acknowledge same. They further acknowledge that, but for Charlesto(vn, the Commissioner contributions during prior years relieved the remaining cities and towns of specific payment obligations to which they agreed in said prior recycling contract. The parties expressly acknowledge and understand that the payment responsibilities set forth in this Agreement will be specifically applicable to them during the term hereof and, while the Commissioners will make contributions to subsidize expenses of the District to a degree, each city and town specifically agrees to, in fact, perform the payment obligations placed upon them respectively, by this Agreement. The parties agree that time is of the essence as same relates to the respective payment responsibilities set forth herein. (5) In consideration of the District bearing the expenses and contract responsibilities set forth hereinabove, the cities and towns, and the Commissioners (in relation to the county area) further agree to the following terms of this Joint Interlocal Agreement: Page 4 a. The cities and towns and the Co~missioners agree to continue in effect, without amendment, "A Resolution and Ordinance Establishing Mandatory Curbside Recycling Within the Corporate Boundaries of Designated Cities and Towns and Within Designated Unincorporated Areas of the Clark County Sdlid Waste Management District and For Regulating Recycling in the District" ("the Resolution and Ordinance"). b. The cities and towns and the Commissioners agree to individually continue in effect, promulgate, administer and enforce the Resolution and Ordinance without amendment, and to abide by all terms thereof, both in relation to the District and in relation to the other provisions and responsibilities contained therein. c. The cities and towns and the Commissioners agree to perform all payments and performances required of them, as set forth in the Resolution and Ordinance. Further, the cities, towns and Commissioners hereby agree that performance of their respective obligations, including payment obligations, shall be agreed and considered by them to be specific conditions precedent that must be met before the District shall be required to perform any obligation or performance contained in this Agreement or contained in the Resolution and Ordinance. d. The cities and towns and the Commissioners agree to use good faith and best efforts, and to assign personnel of their respective entities, if requested, to the District and its personnel to assist in the preparation of the vendor contract bidding procedure. Further, these governmental entities and officials agree to provide District personnel and representatives such information and materials as are requested to assist the District in said bidding procedure. e. The cities and towns and the Commissioners agree that the District shall bear all expense incurred during the planning and performance of the vendor contract bidding procedure, including all costs of publication and advertising. (6) The parties hereto expressly agree that, while the District shall be primarily responsible for management and administration of the recycling vendor contract and shall pay the sums of monies set forth hereinabove, the cities and towns shall be each responsible for the civil prosecution of any ordinance violations described in the R~solution and Ordinance. The District shall be entitled, upon receipt of such information from the vendor, to notify the parties hereto of any reported ordinance violation. Each city, town and the Commissioners hereby agree that it shall be their respective and exclusive duty and responsibility, upon such notification from the District or upon the issuance of a civil citation as d~scribed in the Resolution and Ordinance, to investigate such reports and to fully engage in collection procedures where applicable so as to enforce this Agreement and the Resolution and Ordinance. Page 5 (7) Time shall be of the essence of this 'Agreement. All performances required hereunder by any eligible participant, city, town or the Commissioners shall be timely performed. ~ (8) If any governmental entity that joins in this Agreement withdraws or attempts to withdraw from this Interlocal Agreement, or otherwise refuses to participate in the terms of this instrument or of the Resolution and Ordinance, the District shall be entitled to institute and exercise the collection remedies set forth in Paragraph 7 ot"the Resolution and Ordinance, plus any other remedy provided by law, against such withdrawing or non-participating governmental entity. (9) All provisions of this Interlocal Joint Cooperation Agreement shall be subject to, and interpreted by, Indiana law. Should any provision, portion, segment or section hereof be determined illegal or unconstitutional by a court of competent jurisdiction, then the remaining provisions, portions, segments or sections shall be severed therefrom and shall remain enforceable and legally binding. As between the cities and towns, the Commissioners and the District, all such entities and officials hereby expressly agree that any ambiguities in the interpretation, application or management of this Interlocal Joint Cooperation Agreement, or any terms hereof, shall be resolved in favor of the District. (10) The terms of this Interlocal Joint Cooperation Agreement and Resolution and Ordinance may be: amended: (a) by a-simple majority vote of the District Board of Directors, afterwhich' proposed .amendments. shall (b) be submitted to all governmental entities who are parties to these:instruments. These entities agree that such amendments shall be effective upon passage, and. approval, by simple majority; of the city councils, town boards or board of commissioners, respectively, for such governmental entities. However, this amendment procedure may not be used as a means to withdraw from participation in, or obligations under, the Inteflocal Joint Cooperation Agreement and Resolution and Agreement during the term of the vendor contract. (II) All of the provisions of this Interlocal Joint Cooperation Agreement and of the Resolution and Ordinance shall become null and void as between the District and any governmental entity that is a party hereto if such governmental entity does not pass, approve and execute these instruments on or before :3:p~:±~. 10,7, 1998. THIS AGREEMENT ENTERED INTO BY THE DISTRICT AND THE BELOW- DESIGNATED GOVERNMENTAL ENTITIES, BY THEIR RESPECTIVE OFFICERS, WITHIN THE DISTRICT. Page 6 SIGNED AND ]EXECUTED THIS DAY OF , 1998 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF ]EFFERSONVILLE, INDIANA By its President Attest: C. Rich~d Spencer / Clerk-Treasurer for the City of Jeffersonville Page 7 SIGNED AND EXECUTED THIS ~[o~ DAY OF ~ TOWN COUNCIL OF THE TOWN OF CLARKSVILLE, INDIANA ,, 1998 BY THE C,l~ville.T_ own Council l~f its President Attest: Clerk-Treasul~r for the Town of Clarksville Page 8 SIGNED AND EXECUTED THIS /~ DAY OF ~Egtlth~/t~ COMMON COUNCIL OF THE CITY OF CHARLESTOWN, INDI.4NA ,1998 BY THE Bob B~well, Mayor City of Charlestown Attest: Charlestown City Council By its President for the City of Charlestown Page 9 SIGNED AND EXECUTED THIS /3 DAY oF' ~.~)~'! ~-. , 1998 BY THE TOWN. COUNCIL OF THE TOWN O'~--SELLERS~BURG, INDI/~ ~ Sellersbu~Town/~ouncil / By its President/f/ -- Attest: Clerk-Treasurer for the Town of Sellersburg Page 10 BOARD OF COMMISSIONERS OF CLARK COUNTY, INDIANA Board of Commissioners o -- ,f- Clark County, Indiana Attest: Page II SIGNED AND EXECUTED THIS '7 ~ DAY OF /~L2~'/'/~ , 1998 BY THE CLARK COUNTY SOLID WASTE MANAGEMENT DISTRICT BOARD. District Board By its President Attest: Clark County Solid Waste District Board Page 12