The URL can be used to link to this page

Home My WebLink AboutBlack Hawk County-28E Agreement-06.11.2007 c Document Number: 2008000563 BOARD OF SUPERVIy$cw t.„R f I .v r' Date: Jul 06,2007 4:30:00 pm y } Aud Fee: 0.00 Rec Fee: 0.00 MO.1ICA [ �� ® P Trans Tax: 0.00 Rec Management Fee: 0.00 J E-Com Fee: 0.00 Non-Standard Page Fee: 0.00 Z Filed for record in Black Hawk County,Iowa Judith A. McCarthy,County Recorder - //- L' 7 Prepared by City of Waterloo/715 Mulberry St. , Waterloo, IA 50703/291-4319 28E AGREEMENT FOR BUILDING MAINTENANCE ADMINISTRATION Replaces 28E filed March 17, 2006 (BHC Recorder 2006 23694) The parties to the Agreement are the City of Waterloo, Iowa, (hereinafter referred to as "City") and Black Hawk County, Iowa (hereinafter referred to as "County"). This Agreement is effective from and after the 22nd day of May 2007. 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. WHEREAS, County desires to engage the services of City to furnish administrative and professional assistance for building maintenance; and City has indicated its willingness to provide such administrative and professional services to the County. NOW, THEREFORE, the parties mutually agree as follows: 1. SCOPE OF CITY SERVICES. City agrees to provide administrative and professional services for building maintenance on the following structures owner or owner/occupied by the County. Black Hawk County Courthouse, Juvenile Court Building, Black Hawk County Jail, Pinecrest and property and lots under the management of Black Hawk County. Building maintenance shall mean the maintenance and custodial care of the above-referenced structures and properties. 2. PERSONNEL. Louis Cutwright, Jr. (hereinafter referred to as "Administrator") shall be appointed for a twelve (12) month period as Maintenance Administrator for Black Hawk County by the Board of Supervisors. The renewal of this 28E Agreement shall be automatic on July 1st of every year the City of Waterloo and Black Hawk County are sharing services of the Maintenance Administrator. If the contract is to be terminated, the steps set out in Item ten (10) of this document shall be followed. 3. MATERIALS TO BE PROVIDED BY COUNTY. An office with desk, files, computer, records, maintenance software and administrative support staff to assist the maintenance Administrator. A cell phone for direct communication shall be provided. 4. MEETINGS AND REPORTS. The maintenance Administrator will attend necessary meetings in the discharge of his administrative duties. The Administrator shall report to a designee of the Board of Supervisors weekly on the status of building maintenance. The Administrator shall provide a monthly written report to the Board of Supervisors on the status of all structures—maintenance and custodial. 5. THE ADMINISTRATOR shall respond to Board of Supervisors' directive in the design of plans and specifications for all necessary projects that have to be contracted to the private sector because of size or specialties that are outside the scope of the maintenance staff. The Administrator shall remain an employee of the City cf Waterloo. All benefits, etc. (vacation, holidays, insurance—health and liability) will be the responsibility of the City of Waterloo. 6. CHANGES. Any changes in this Agreement, including scope of City services or County requirements or modifications to the amount of compensation, shall be first mutually agreed upon by County and City and incorporated into a written amendment. 7. COMPENSATION AND PAYMENT METHOD. The County shall pay to City, for services rendered, on a bi-weekly basis in the amount of $1,296.00 for FY-08 beginning July 1, 2007, in the amount of$1,340.44 for FY-09 beginning July 1, 2008, in the amount of $1,387.36 for FY-10 beginning July 1, 2009, within thirty (30) days after having received an invoice. 8. TIME AND PERFORMANCE. The Administrator shall provide 24/7 services in the discharge of all responsibilities. 9. NOTICES. All notices, communication and/or demands given pursuant hereto shall be in writing and shall be deemed ed sufficient icient if sent by mail, fax or in-house mail. City: Louis Cutwright, Jr., c/o City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. Phone: 319-291-4319; Fax: 319- 291-4262; E-mail: louis.cutwright(a�waterloo-ia.orc County: Board of Supervisors, do Black Hawk County Courthouse, 316 E. 5th Street, Waterloo, IA 50703. Phone: 319-833-3003; Fax: 319-833-3070; E-mail: supervisors a@co.black-hawk.ia.us 10. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party upon at least thirty (30) days written notice, except as stated in paragraph 11. In the event of termination, City shall be compensated for all services performed to termination date, together with reimbursable expenses then due. 11. DURATION. This Agreement may be terminated at any time during the twelve (12) months by giving at least thirty (30) days written notice, as set out in paragraph 10 above. 12. SEPARATE ORGANIZATION. No separate organization is formed or contemplated by this Agreement. 13. PURPOSE. The purpose of this Agreement is to provide building maintenance administration services to County. No separate financing, except for purchase of maintenance administration services from City by County, as set out in paragraph 7 of this Agreement. 14. 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 10, each party shall retain in its control that property that it brought into the Agreement. 15. 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. 16. MAINTENANCE PERSONNEL. The maintenance personnel shall remain employees of Black Hawk County. The administration of their daily activity by a city employee (the Administrator, Item 5) does not by reference make the maintenance employees of Black Hawk County employees of the City of Waterloo. 17. INSURANCE AND HOLD HARMLESS. As outlined in Item 5, the City will continue to carry professional liability on the Administrator. Black Hawk County will be held harmless from any claim resulting from the action of the Administrator as it relates to discharging all responsibilities outlined in this 28E Agreement pursuant to Iowa Code §28E. IN WITNESS WHEREOF, County and City have executed and delivered this Agreement on the date first above written. Dated this 29th day of ::Kay, 2007. i,/ kik:,) Tom Little, Chair Black Hawk County Board of Supervisors ATTEST: /'' 'W---`I" . .r Grant Veeder, County Auditor CITY OF WATERLOO, IOWA By: t .._ /.7 Tim Hurley, May .^' ' 9 W ATTEST: = 'C.-..,/ C'''''CLLS- -,,.,,,, Nanc Ecke ity Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) (0 On this day of_ .„ _ -_.T , 2007, before me, the undersigned, a Notary Public in and for the Start 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 thCity Council, under Council Action No.as CCa 5 of the City Council on the /1 day of L r, e , 2007, and that Tim Hurley and Nancy Eckert acknowledged 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. 4c „,„,_...., Nota Public in and for the Stat of Iowa (28E AGREEMENT for County Administrator-MAY 2007) • • l� �� K ( �� ?g m P4 (f Ra3ti � � � L E e . BOARD OF SUPERVISORS " OFFICE SUITES SCOTT JORDAN 833-3076 Courthouse, Room 203 BLACK HAWK COUNTY ON JAMESW.BRector TOM LITTLE 833 3075 Finance Director FRANK MAGSAMEN 833-3077 316 EAST FIFTH STREET JOHN MILLER 833 3074 WATERLOO, IOWA 50703 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 August 1, 2007 Nancy Eckert, City Clerk City of Waterloo City Hall Delivery RE: 28E AGREEMENT for Building Maintenance Administration FY08 &FY09 Nancy, Enclosed is an original of the above described agreement, having been recorded in Black Hawk County and filed with the Secretary of State. Sincerely, iA4,--14..x....c. Monica Smith Administrative Aide c: Nancy/Bldg. Maint �PSEOFiOi • MICHAEL A.MAURO h 0,r714 9 SECRETARY OF STATE m -.•.:.,- m LUCAS BUILDING, 1ST FLOOR � y'INIp,1 DES MOINES, IA 50319 S A�' rd?Y OF OFFICE OF THE IOWA SECRETARY OF STATE July 25, 2007 MONICA SMITH BLACK HAWK COUNTY/BOARD OF SUPERVISORS 315 E 5TH ST. WATERLOO, IA 50703 RE: Filing of 28E Agreement between the BLACK HAWK COUNTY, IOWA and the CITY OF WATERLOO, IOWA Dear MS SMITH: • We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of July 25, 2007. For future reference, 28E agreements can now be filed and searched online by going to my website at www.sos.state.ia.us. Sincerely, Michael A. Mauro Secretary of State MAM/db Enclosures Phone 515-281-5204 Fax 515-242-5953 www.sos.state.ia.us sos@sos.state.ia.us 14) _Ok4 I