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HomeMy WebLinkAboutSOLID WASTE AGREEMENT 2020 SOLID WASTE DISPOSAL AGREEMENT 2020 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$21.35 per ton delivered to the CORPORATION.The CITY agrees to commence said hauling to the CORPORATION'S site beginning January 1,2020 and to continue to do so until December 31,2020, 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$21.35 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 (B) The CORPORATION agrees to bill the CITY based upon tonnage hauled to the Landfill semi- monthly. (C) The CITY agrees to remit payment with 30 days after receipt of the invoice for the prior billing cycle. ARTICLE M. DISPOSAL FEE ADJUSTMENT The Fee for the acceptance and disposal of refuse to be received by the CORPORATION pursuant to Article I and Article II Paragraph(A)of this instrument for each calendar year subsequent to calendar year 2016,shall be increased or decreased in an amount mutually agreed to by both parties and approved by the Commissioners of Clark and Floyd Counties. ARTICLE IV. ADDITIONAL COVENANTS 1. The parties acknowledge that the CORPORATION is a private entity and is not an agency of The Civil City of Jeffersonville,Indiana.As such,the parties expressly acknowledge and agree that the CORPORATION will possess and maintain certain proprietary information,including financial information, which is generally accepted as information confidential to the CORPORATION in the course of its business,similar to the practices of other businesses in Indiana and the United State. 2. The parties further acknowledge that the CORPORATION is an "Independent Contractor" in the operation,and that as such is solely responsible for the acts of said CORPORATION and its agents in conducting business pursuant to the terms and conditions of this agreement. ARTICLE V. EARLY TERMINATION This Agreement may be terminated prior to the expiration of the term set 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 CORPORATION,and or default by the government action described in the preceding paragraph,all monies due and owing the CORPORTAION hereunder,together with any costs of collection,if any,shall become immediately due and payable,as adjusted by any amounts determined to be due and payable from the CORPORATION to the CITY,whether in the nature of expenses incurred before such termination or expenses likely to incurred as a result of some act of the CORPPORATION prior to termination.Further,the CITY shall compensate the CORPORATION for all costs and expenses,if any,to the extent such costs and expenses are not attributable to any act or omission of the Corporation or any responsibility of the CORPORATION under this contract or under applicable law. 2 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. SEVERABIUTY 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 XI.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 Works o,The Civil City of Jeffersonville,Indiana,have executed this agreement this '' .t day of .)6U. , 20�y' CLARK-FLOYD LAMDFLL LLC 1.10� //—/'7'fq Robert - : •reside t Mike oore, Mayo City o Jeffersonville, Indiana AT7ST: / -6/1 , / Vicki Conlin, Clerk City of Jeffersonville, Indiana 4