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HomeMy WebLinkAboutBlack Hawk County 28E Agreement - 11/6/2006 r �l S BOARD OF SUPERVISORS OFFICE SUITES Courthouse, Room 203 SCOTT JORDAN 833-3076 JAMES W.BRONNER TOM LITTLE 833-3075 BLACK HAWK COUNTY Finance Director FRANK MAGSAMEN 833-3077 316 EAST FIFTH STREET JULIE JOHNSON JOHN MILLER 833 3074 WATERLOO, IOWA 50703 Administrative Assistant Telephone(319)833-3003 • FAX(319)833-3070 MONICA SMITH CRAIG WHITE 833-3078 Web site:www.co.black-hawk.ia.us E-mail:supervisors@ co.black-hawk.ia.us Administrative Aide r e'r 7 January 4,-2 8 Nancy Eckert, City Clerk City of Waterloo CITY HALL DELIVERY RE: 28E AGREEMENT BETWEEN BLACK HAWK COUNTY AND CITY OF WATERLOO FOR VEHICLE MAINTENANCE AND FUEL FOR BLDG MAINT DEPARTMENT Nancy, Enclosed is the above described agreement. This has been recorded and filed with the Secretary of State. Sincerely, -Zea-�--`-.�-_- Monica Smith Administrative Aide ` Document Number, 2007011755 BOARD OF SUPERVISORS I Date: Nov 21,2006 4:30:00 pm ATTN: MONICA Aud Fee: 0.00 Rec Fee: 0.00 P Trans Tax: 0.00 Rec Management Fee: 0.00 E-Com Fee 0.00 Non-Standard Page Fee: 0.00 Filed for record in Black Hawk County, Iowa Patricia S. Sass,County Recorder �-,•n �. �--odd - �5� Prepared by City of Waterloo/715 Mulberry/Waterloo, TA/291-4323 = � rrr fy r` 28E AGREEMENT VEHICLE MAINTENANCE AND FUEL <?fc C) r3 FOR �yc� BLACK HAWK COUNTY MAINTENANCE rn The parties to the Agreement are the City of Waterloo, Iowa, (hereinafter referred to as "City") and the Black Hawk County Board of Supervisors (hereinafter referred to as "County'). This Agreement is effective from and after the 21st day of :november 2006. RECITALS WHEREAS, City and County are public agencies pursuant to Iowa Code 28E.2, and WHEREAS, City and County desire to support the cooperation and the sharing of services and personnel for the express intent of benefiting county taxpayers, and WHEREAS, County desires to engage the services of City to furnish fuel and vehicle maintenance support to County Maintenance and the City is willing to provide such services for a fee, reflective of City costs to parts and service facilities and employ journeymen service technicians. NOW, THEREFORE, the parties mutually agree as follows: 1. SCOPE OF CITY SERVICES. 1.1 City agrees to provide fuel cards for County Maintenance vehicles thus allowing use of the City fuel facility. 1.2 The City agrees to perform both scheduled and unscheduled service and repairs to County Maintenance vehicles. The Preventive Maintenance Program will include a schedule provided to County Maintenance showing the vehicles entered into the Program and the dates of their scheduled maintenance. The City will perform scheduled maintenance on vehicles so they can continue to be operated safely. 2 MEETINGS AND REPORTS. The City will provide County Maintenance a monthly report of fuel usage and vehicle maintenance completed during that period. Reports covering other time periods may be available. 3 CHANGES. The City reserves the right to re-negotiate pricing on fuel and labor rates annually, as set out in Paragraph 4 below, on the Agreement anniversary date. Any changes in this Agreement, including scope of City services or County Maintenance requirements or modification to the amount of compensation, shall be mutually agreed upon by County Maintenance and the City and incorporated into a written agreement. 28E Agreement Vehicle Maintenance 8 Fuel 08/25/06 Page 1 of 4 4 COMPENSATION AND PAYMENT METHOD. 4.1 County Maintenance will pay to the City, on a monthly basis, $.03 per gallon above the price paid by City departments for fuel. This fee will cover overhead, card management and a small part of the preventive maintenance costs associated with the fuel facility. 4.2 County Maintenance will pay to the City on a monthly basis, $42.00 per man-hour to cover costs associated with a Service Technician performing vehicle maintenance. 5 TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon at least thirty (30) days written notice, or per agreement in paragraph 6. In the event of termination, City shall be compensated for all services performed to termination date, together with reimbursable expenses then due. 6 DURATION. This Agreement is effective the date of signature and valid for 24 months. The City reserves the right to re-negotiate pricing on fuel and labor rates annually, as set out in paragraphs 3 and 4 above, on the Agreement anniversary date. 7 SEPARATE ORGANIZATION. No separate organization is formed or contemplated by this Agreement. 8 PURPOSE. The purpose of this Agreement is to provide vehicle maintenance, service and fuel to County Maintenance. 9 DISPOSITION OF PROPERTY. The parties do not anticipate that there will be joint ownership of any property; and if the Agreement is terminated pursuant to the provisions of paragraph 6, each party shall retain in its control that property that it brought into the Agreement. 10 METHOD OF HOLDING PROPERTY. The parties do not contemplate that there will be joint ownership of any property, and each party shall retain its own personal property. There shall be no real estate purchased pursuant to this Agreement. IN WITNESS WHEREOF, County and City have executed and delivered the Agreement on the date first written above. 26E Agreement Vehicle Maintenance 8 Fuel 08/25/06 Page 2 of 4 CITY OF WATERLOO, IOWA By: Timothy Xdf6rley, May ATTEST: Nancy Lcke ity Clerk w . STATE OF IOWA ) ss. BLACK HAWK COUNTY ) On this � day of 6V2006, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Tim Hurley and Nancy Eckert, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. 1a y29 of the City Council on the 44day of YVbu ernGC/, 2006, and that Tim Hurley and Nancy Eckert acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notry Public in and for the Statj,G;;a' 28E Agreement Vehicle Maintenance 6 Fuel 08/25/06 Page 3 of 4 COUN F AC By: Scott Jordan, iEhairp s Board of Supervisors ATTEST: Grant Veeder, County Auditor STATE OF IOWA,BLACK HAWK COUNTY,ss. On this 21st day of November,2006,before me a notary public in and for the State of Iowa personally appeared Scott Jordan and Grant Veeder to me personally known,and who,being duly sworn,did say that they are the Chairperson of the Board of Supervisors and County Auditor respectively,of the county of Black Hawk,Iowa;that the seal affixed to the foregoing instrument is the seal of Black Hawk County and the instrument was signed and sealed on behalf of the county by Authority of the Board of Supervisors,as contained in action passed by the Board of Supervisors on the 21st day of November, 2006,and Scott Jordan and Grant Veeder acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the county,by it voluntarily executed. jl C7 c' Notary Public in the State of Iowa w aK r Monica M. Smith MONICA M. SMITH COMMISSION NO. 158782 MY COMMISSION EXPIRES C)ECEMBER 6,2008