HomeMy WebLinkAboutBHC Solid Waste Management Commission-Fuel Agreement-10.27.2008 1 ,t0,4 . /Q- —vim
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AGREEMENT
FOR FUEL BETWEEN
BLACK HAWK COUNTY SOLID WASTE MANAGEMENT COMMISSION
AND THE CITY OF WATERLOO, IOWA
The parties to the Agreement are the City of Waterloo (hereinafter referred to as "City") and the
Black Hawk County Solid Waste Management Commission (hereinafter referred to as
"Commission"). This Agreement is effective from and after December 14, 2008, and shall
continue until June 30, 2012.
WHEREAS, the City and the Commission are both public agencies, and
WHEREAS, the City and the Commission desire to support the cooperation and the sharing of
services and personnel for the express intent of benefiting County taxpayers, and
WHEREAS,the Commission desires to engage the services of the City to provide fuel support
to the Commission and the City is willing to provide such services for a fee reflective of City
costs for fuel.
NOW THEREFORE, the parties mutually agree as follows:
1. SCOPE OF CITY SERVICES
The City agrees to provide fuel and fuel cards to Commission vehicles thus allowing the
use of the City's fuel facility.
2. CHANGES
The City reserves the right to re-negotiate pricing on fuel and fuel surcharge annually at
the beginning of each fiscal year which begins July 1st and ends the following June 30th
of each year. Any changes in this Agreement, including scope of City services or
Commission requirements or modification to the amount of compensation, shall be
mutually agreed upon by the City and the Commission and incorporated into this written
agreement in the form of an"Addendum".
3. COMPENSATIONS AND PAYMENT METHOD
The Commission will pay to the City on a monthly basis, $0.04 per gallon of fuel used as
a fuel surcharge and it shall be in addition to the price paid to the City for fuel. This fee
will cover overhead, card management and a small part of the preventative maintenance
costs associated with the fuel facility. If it becomes necessary to raise the fuel surcharge,
it will be submitted as an addendum and be mutually agreed upon in writing. The fuel
surcharge will not be more than fees charged to other government agencies.
AGREEMENT FOR FUEL
BETWEEN BLACK HAWK COUNTY SOLID WASTE MANAGEMENT COMMISSION
AND THE CITY OF WATERLOO,IOWA
PAGE 2 OF 4
4. TERMINATION OF AGREEMENT
This Agreement replaces and therefore terminates the current 28E Agreement dated
February 12, 2007.
This Agreement may be terminated by either party upon at least thirty (30) days written
notice, or per agreement as in Item 5 below "DURATION". In the event of termination,
the City shall be compensated for all fuel and fuel surcharge to termination date, together
with reimbursable expenses then due.
5. DURATION
This Agreement is effective December 14, 2008, or upon the latter date of Commission
and City signature and will be valid until June 30, 2012, if not terminated appropriately
by written notice as in Item 4 above "TERMINATION OF AGREEMENT". The City
reserves the right to re-negotiate pricing on fuel, fuel surcharge, labor and/or parts rates
annually per fiscal year from July 1st through June 30th of each contract year.
6. SEPARATE ORGANIZATION
No separate organization is formed or contemplated by this Agreement.
7. DISPOSITION OF PROPERTY
The parties do not anticipate that there will be any joint ownership of any property; and if
the Agreement is terminated pursuant to the provisions of Item 4 or 5, each party shall
retain in its control the property that it brought into the Agreement.
AGREEMENT FOR FUEL
BETWEEN BLACK HAWK COUNTY SOLID WASTE MANAGEMENT COMMISSION
AND THE CITY OF WATERLOO,IOWA
PAGE 3 OF 4
IN AGREEMENT WHEREOF:
The City and Commission will execute and deliver this Agreement on the date last written
below.
CITY OF WATERLOO,IOWA
By: [.
Timothy J. H 1 Mayor
Date: )O -� 7-O$
ATTEST:
-C
Nancy Ecke , 'ty Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
On this I day of (�1�6.,....- , 2008, 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
ado ted by the City Council, under Council Action No. I. Vi 4-1 I of the city Council on the
)-) day of 0c4 (r 2 r , 2008, 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
4 the corporation, by it voluntarily executed.
Notary P blic in and for the State of Icwa
AGREEMENT FOR FUEL
BETWEEN BLACK HAWK COUNTY SOLID WASTE MANAGEMENT COMMISSION
AND THE CITY OF WATERLOO,IOWA
PAGE 4 OF 4
BLACK HAWK COUNTY SOLID WASTE
MANAGEMENT COMMISSION
By: !
1 elt a-4- i Chairperson
(Print Name)
Date: / —/ Ci -0 1
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
This instrument was acknowledged before me, a notary public in and for the State of
Iowa, by .J 0 ,J 1/Artr'd r'5 , Chairperson, on the / *day of
lit .4.4,n , 200 as the Chairperson of the Black Hawk County Solid Waste
Management Commission.
:// i Ra41.„7,77„
Nota Public in and for the State of I a
M ,, JIM RODEMEYER
f _'COMMISSION NO.735771