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Home My WebLink About2014-R-10RESOLUTION NO. 2014-R- I 0 A RESOLUTION APPROVING AND RATIFYING INTERLOCAL AGREEMENT BETWEEN CITY OF JEFFERSONVILLE, INDIANA AND CLARK COUNTY, INDIANA (FUEL SUPPLY FOR COUNTY OWNED VEHICLES) WHEREAS, an Interlocal Agreement was entered into by and between the City of Jeffersonville, Indiana through its Mayor and City Council, hereinafter referred to as "the City") and Clark County, Indiana through its Board of Commissioners and through its County Council (hereinafter referred to as "County"), The parties shall be referred to collectively as the "Participating Governmental Entities"; and WHEREAS, this Agreement shall begin at such time when all parties hereto have signed this Agreement and has been appropriately recorded and remain in full force and effect from the time it is executed by all parties until December 31, 2015; and WHEREAS, the purpose of this Agreement is to clarify the respective rights, duties and obligations of the participating governmental entities with respect to the City supplying fuel for motor vehicle owned by the County and/or its agencies. For purposes of this Interlocal Agreement, County motor vehicles shall also be considered those owned and/or operated by agencies of the County; WHEREAS, the Common Council believes that it is in the best interest of the City to enter into this Interlocal Agreement; NOW THEREFORE, IT IS HEREBY RESOLVED that the Common Council of the City of Jeffersonville does hereby approve and ratify the Interlocal Agreement between the City of Jeffersonville and Clark County, Indiana. J aoiy Passed and adopted this day oy_ X014., by the Common Council of the City of Jeffersonville, Clark County, Indiana. ennis Jul Preside ATT T: .,ja C Vicki Conlin City Clerk Presented by me as City Clerk to the Mayor of th= City • Jeffersonville this o day o JW- g.0 ( Li This Resolution approved and signed by me this Vicki, City Clerk y of May 2;114. M e Moore, Mayo INTERLOCAL AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE, INDIANA AND CLARK COUNTY, INDIANA (FUEL SUPPLY FOR COUNTY OWNED VEHICLES) THIS INTERLOCAL AGREEMENT is entered into by and between the City of Jeffersonville, Indiana, through its Mayor, and City Council, (hereinafter referred to as "the City") and the Clark County, Indiana through its Board of Commissioners and through its County Council (hereinafter referred to as "County"), The parties shall be referred to collectively as the "Participating Governmental Entities." WITNESSETH: WHEREAS, I.C. 36-1-7 allows political subdivisions in the state of Indiana to enter into Interlocal Agreements; and, WHEREAS, the City and the County are political subdivisions and governmental entities; and, WHEREAS, the City is desirous of providing fuel for motor vehicles owned by the County; and, WHEREAS, the supply of fuel to motor vehicles owned by the County is mutually beneficial to the City and the County; and, IT IS NOW, THEREFORE, AGREED BY THE PARTIES that the recitals set forth above shall be, and are hereby, incorporated herein by reference and are specifically made a substantive part of this Agreement for all purposes. IT IS NOW, THEREFORE, AGREED BY THE PARTIES as follows: 1. PURPOSES OF AGREEMENT: The purposes of this Interlocal Agreement are as follows: A. To clarify the respective rights, duties and obligations of the participating governmental entities with respect to the City supplying fuel for motor vehicles owned by the County and/or its agencies. For purposes of this Interlocal Agreement, County motor vehicles shall also be considered those owned and/or operated by agencies of the County. Interlocal Agreement Fuel Supply for County Owned Vehicles March 2014 Page 2 of 6 B. To require that this Agreement be recorded in the office of the Recorder of Clark County, Indiana by the City with a copy of said fully executed and recorded document provided to the County. 2. DURATION: This Agreement shall begin at such time when all parties hereto have signed this Agreement and has been appropriately recorded and remain in full force and effect from the time it is executed by all parties until December 31.2015. MANNER OF FINANCING, STAFFING AND SUPPLYING THE JOINT UNDERTAKING AND OF ESTABLISHING AND MAINTAINING A BUDGET THEREOF: a. Manner of Financing: i. The City, by and through its Department of Vehicle Maintenance, shall supply fuel to motor vehicles owned by the County at which time the City shall invoice the County for reimbursement of fueling performed. ii. The County shall reimburse the City for all fuel supplied to motor vehicles owned by the County in an amount equal to the per gallon price paid by the City plus 5%. iii. The County shall reimburse the City within sixty (60) days of invoice submitted to the County. b. Staffing: The City, by and through its Department of Vehicle Maintenance, shall pay all costs associated with staffing needs related to the supplying of fuel to motor vehicles owned by the County subject to this Agreement. The City shall bill directly the County's specific department and/or agency for fuel supplied. c. Maintenance of Budget: i. The City, by and through its Department of Vehicle Maintenance, shall provide the County access to the City fuel pumps, as needed, for the purposes of fueling motor vehicles owned by the County. ii. The City, by and through its Department of Vehicle Maintenance, shall provide the County access to the City fuel pumps consistent with the City's policies and procedures for City vehicles. iii. The City, by and through its Department of Vehicle Maintenance, shall supply fuel to motor vehicles owned by the County, but shall give City owned motor vehicles priority. Interlocal Agreement Fuel Supply for County Owned Vehicles March 2014 Page 3 of 6 d. Supplying the Joint Undertaking: The parties hereby agree that this is a joint undertaking whereby the City is supplying services and goods in consideration for reimbursement for those services and goods. 3. METHODS THAT MAY BE EMPLOYED IN ACCOMPLISHING THE PARTIAL OR COMPLETE TERMINATION OF THIS AGREEMENT: This Agreement may be terminated upon written thirty (30) day notice to the other Ply 5. ADMINISTRATION: This Agreement shall be administered jointly by the Mayor of the City of Jeffersonville and the Board of Clark County Commissioners, or their designees. These individuals shall be authorized to perform all duties and carry out all functions as are necessary to effectuate the purpose of this Interlocal Agreement. 6. ACQUIRING, HOLDING AND DISPOSING OF PROPERTY: No acquiring, holding and disposing of property will be needed related to this Interlocal Agreement. 7. PAYMENT SCHEDULE: No payment schedule will be needed related to this Interlocal Agreement except for the reimbursement outlined in Section 2(a) of this Interlocal Agreement. 8. APPROVALS: Approval of this Interlocal Agreement shall be given by the Board of Clark County Commissioners, the Clark County Council, the Jeffersonville City Council, and the Mayor of Jeffersonville. 9. FILING: The parties agree that upon approval by all parties, this Interlocal Agreement shall be recorded in accordance with Indiana law at the City's expense. The City shall record all required documents and shall provide a recorded copy of all recorded documents to the County. Within sixty (60) days of the date the Agreement takes effect, both parties shall file a recorded copy with the State Board of Accounts for audit purposes pursuant to IC 36-1-7-6. 10. PURCHASE, SALE, OR EXCHANGE OF SERVICES, SUPPLIES OR EQUIPMENT: Whenever a contract provides for the purchase, sale, or exchange of services, supplies, or equipment between or among Indiana governmental entities, no notice by publication or posting is required pursuant to IC 36-1-7-12. Interlocal Agreement Fuel Supply for County Owned Vehicles March 2014 Page 4of6 11. INDEMNIFICATION AND HOLD HARMLESS: The County as identified herein agrees to indemnify and hold harmless the City and its officers, employees, and agents from all claims, expenses, losses, liability and damage, including attorney's fees, resulting from injuries to persons or property or arising from, growing out of; or connected with the City's activities performed in conjunction with this project or any act or omission of the City of Jeffersonville or its employees or agents. IN WITNESS WHEREOF, the parties have affixed their signatures hereto indicating their respective approvals of this Interlocal Agreement for the benefit of the general public and citizens of the City ofJeffersonville, Clark County and surrounding communities. BOARD OF COMMISSIONERS FOR THE CLARK COUNTY, INDIANA Attest: Date of Approval: COUNTY COUNCIL OF CLARK COUNTY, INDIANA ,tea„ /,124 Barbara Hollis, President Interlocal Agreement Fuel Supply for County Owned Vehicles March 2014 Page 5 of 6 Attest: R. Monty Snelli , 'tor Date of Approval: g-3 - / COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA ennis Julius, ' , ' ent Presiding 0 Vicki Conlin, City Clerk Date of Approval: a ao MAYOR s F CITY JE RSONVILLE, INDIANA Mike Moo Mayor Attes Vicki Conlin, City Clerk Date of Approval: 7 2 l 5 Interlocal Agreement Fuel Supply for County Owned Vehicles March 2014 Page 6 of 6 Lesh = D. Merkley, Corporation Co Supreme Court #19851-10 City of Jeffersonville, IN 500 Quartermaster Ct., Suite 250 Jeffersonville, IN 47130 (812) 285-6402