HomeMy WebLinkAboutBlack Hawk County Solid Waste Management Commission-28E Agreement-02.12.2007 g.„3 ,z) ; o7 - / os
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28E AGREEMENT
FUEL SERVICES
FOR
BLACK HAWK COUNTY SOLID WASTE MANAGEMENT COMMISSION
The parties to the Agreement are the City of Waterloo, Iowa, (hereinafter
referred to as "City") and the Black Hawk County Solid Waste Management
Commission (hereinafter referrej to as "Commission"). This Agreement is
effective from and after the day of feb-factry , 2007.
RECITALS
WHEREAS, City and Commission are public agencies pursuant to Iowa
Code 28E.2, and
WHEREAS, City and Commission desire to support the cooperation and
the sharing of services and personnel for the express intent of benefiting county
taxpayers, and
WHEREAS, Commission desires to engage the services of City to furnish
fuel support to the Commission and the City is willing to provide such services for
a fee, reflective of City costs.
NOW, THEREFORE, the parties mutually agree as follows:
1. SCOPE OF CITY SERVICES. City agrees to provide fuel cards for
the Commission vehicles thus allowing use of the City fuel facility.
2. CHANGES. The City reserves the right to adjust fuel prices based
on purchase price. 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
Commission and the City and incorporated into a written agreement.
3. COMPENSATION AND PAYMENT METHOD. Commission 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 and fuel
card management costs associated with the fuel facility.
4. TERMINATION OF AGREEMENT. This Agreement may be
terminated by either party upon at least thirty (30) days written notice,
or earlier per written agreement. In the event of termination, City
shall be compensated for all services performed prior to the
termination date, together with reimbursable expenses then due.
28E AGREEMENT BHC SOLID WASTE COMMISSION Page 1 of 3
5. DURATION. This Agreement is effective the date of signature and
shall continue until terminated as permitted in paragraph 4 above.
6. SEPARATE ORGANIZATION. No separate organization is formed
or contemplated by this Agreement.
7. PURPOSE. The purpose of this Agreement is to provide fuel to
Commission.
8. 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 4, each party
shall retain in its control that property which it brought into the
Agreement.
9. 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, Commission and City have executed and
delivered the Agreement on the date first written above.
CITY OF WATERLOO, IOWA
By:
Timothy J. Hur , ayor
ATTEST:
rcL)
Nanc ck City Clerk
28E AGREEMENT BHC SOLID WASTE COMMISSION Page 2 of 3
STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
On this li/' day of , 2007 before me, the undersigned, a
Notary Public in and for the State of to a, 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. 11 i/9 C- of the City
Council on the /a day of FeGvc4ary , 2007, and that Tim Hurley and Nancy
Eckert acknowledge the execution of tKe instrument to be their voluntary act and
deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
Not ry Public in and for the S of Iowa \l\
Black Hawk County Solid Waste
Management Commission
BY:
John Mardis, Chairman
STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
This instrument was acknowledged before me a notary public in and for
the State of Iowa, by John Mardis on the day of March, 2007, as the
Chairman of the Black Hawk County Solid Waste Management Commission.
Notary Public in and for the State of Iowa
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