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HomeMy WebLinkAbout2014-R-11 FAILED 6-2RESOLUTION NO. 2014-R- 1 j (o' (--\6 A RESOLUTION APPROVING AND RATIFYING INTERLOCAL AGREEMENT BETWEEN CITY OF JEFFERSONVILLE, INDIANA AND CLARK COUNTY, INDIANA (MAINTENANCE/REPAIR OF 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 maintaining and repairing 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; 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. Passed and adopted this 9 day of July, 2014, by the Common Council of the City of Jeffersonville, Clark County, Indiana. Dennis Julius President ATTEST: Vicki Conlin City Clerk Interlocal Agreement Maintenance/Repair of County Owned Vehicles March 2014 Page 5 of 6 Attest: R. Monty Snelling, Auditor Date of Approval: COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA Dennis Julius, President Presiding Officer Attest: Vicki Conlin, City Clerk Date of Approval: MAYOR OF THE CITY JEFFERSONVILLE, INDIANA Mike Moore, Mayor Attest: Vicki Conlin, City Clerk Date of Approval: Presented by me as City Clerk to the Mayor of the City of Jeffersonville this day of July, 2014. Vicki, City Clerk This Resolution approved and signed by me this day of July, 2014. Mike Moore, Mayor INTERLOCAL AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE, INDIANA AND CLARK COUNTY, INDIANA (MAINTENANCE/REPAIR OF 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 maintenance and repair to motor vehicles owned by the County; and, WHEREAS, the maintenance and repair 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 maintaining and repairing 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 Maintenance/Repair of 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 perform maintenance and repair motor vehicles owned by the County at which time the City shall invoice the County for reimbursement of maintenance and repairs performed. ii. The County shall reimburse the City for all labor costs associated with the maintenance and repairs performed on motor vehicles owned by the County at the hourly rate of $.1-9:26>Q . I CI iii. The County shall reimburse the City for all parts associated with the maintenance and repairs performed on motor vehicles owned by the County. iv. 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 maintenance and repair of motor vehicles owned by the County subject to this Agreement. The City shall bill directly the County's specific department and/or agency for work performed. c. Maintenance of Budget: i. The City, by and through its Department of Vehicle Maintenance, shall maintain and repair motor vehicles, as needed, owned by the County upon request by the County or the appropriate agent of the County. ii. The City, by and through its Department of Vehicle Maintenance, shall perform the maintenance and repairs to the motor vehicles owned by the County upon the proper and appropriate job ticket(s) processed by the Department of Vehicle Maintenance. Interlocal Agreement Maintenance/Repair of County Owned Vehicles March 2014 Page 3 of 6 iii. The City, by and through its Department of Vehicle Maintenance, shall perform the maintenance and repairs to the motor vehicles owned by the County, but shall give City owned motor vehicles priority. 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 party. 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: Interlocal Agreement Maintenance/Repair of County Owned Vehicles March 2014 Page 4 of 6 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. 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 of Jeffersonville, Clark County and surrounding communities. BOARD OF COMMISSIONERS FOR THE CLARK COUNTY, INDIANA ck Coffin • �7 ident Attest: /72 R. Monty Sn , Auditor Date of Approval: .Sce-/� COUNTY COUNCIL OF CLARK COUNTY, INDIANA Barbara Hollis, President Interlocal Agreement Maintenance/Repair of County Owned Vehicles March 2014 Page 6 of 6 Prepared by: Leslie D. Merkley, Corporation Counsel Supreme Court #19851-10 City of Jeffersonville, IN 500 Quartermaster Ct., Suite 250 Jeffersonville, IN 47130 (812) 285-6402