RES 2014-0129 - Interlocal Joint Fuel Management System �►e��s ` Public Works Department
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Omaha/Douglas Civic Center
WitikI January 28, 2014 1819 Farnam Street,Suite 601
'61'47- Omaha,Nebraska 68183-0601
oR 4q (402)444-5220
4-Ep Fax Fax(402)444-5248
City of Omaha Robert G. Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving an Interlocal Agreement with Douglas County
(the County) defining the responsibilities of the City of Omaha (the City) and of the County in
regard to the upgrade and deployment of a new Fuel Management System.
According to the Agreement, the City and the County will purchase fuel for its own site(s), but
will, through the use of the new software system, allow access to refueling for City and County
vehicles at any of the 9 locations throughout Douglas County, with each party reimbursing the
other for fuel utilized by their vehicles at the other's site(s). Currently, the City has eight fueling
locations and the County has one.
The City will act as the lead agency for the upgrade, and will own the software system. The
County will participate in the costs for the initial infrastructure, estimated to be $11,282.11 and
upgrade accessory costs, currently estimated to be $3996.90, for a total cost share of$15,279.01,
to be reimbursed to the General Fund 11111, Fuel & Oil Organization 116174.
The Agreement also provides for an annual evaluation between the City and County regarding
the need and cost share on future maintenance and warranty costs.
The Public Works Department requests your consideration and approval of the attached
Resolution and Interlocal Agreement.
Respectfully submitted, Referred to City Council for Consideration:
"(Robert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved as to Funding:
Stephe B. Curtiss ate
P Finance Director
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JOINT FUELING AGREEMENT
THIS JOINT FUELING AGREEMENT ("Agreement") is made pursuant to the
Nebraska Interlocal Cooperation Act, Neb. Rev. Stat. Secs. 13-8oi to 13-827, et seq., by
and between the following parties ("the Parties"): DOUGLAS COUNTY ("the County")
and the CITY OF OMAHA,NEBRASKA("the City").
• RECITALS:
WHEREAS, the City maintains 8 fueling sites for its motor vehicles and the
County maintains one fueling site for its motor vehicles; and
WHEREAS, the parties wish to cooperate in the joint use of such fueling sites,
provide for billing for fuel purchased from each other, and allocate the costs of such
joint fueling and billing system.
NOW, THEREFORE, for and in consideration of the foregoing recitals and the
mutual covenants of the parties hereinafter expressed,the Parties agree as follows:
1. SHARING OF FUEL SITES. Each party shall purchase fuel for its
own fuel site or fuel sites. Each party may have its respective motor vehicles refueled at
any of the fuel sites maintained by either the City or the County. A party shall reimburse
to the other party the actual cost of fuel obtained from the other party's fuel site.
2. ACCOUNTING SYSTEM. The City shall obtain and install software and
related implementing hardware and equipment, to record and account for the parties'
respective fuel withdrawals at both parties' fuel sites and the resulting reimbursements
to be made to each party. Such reimbursement payments shall be made on a monthly
basis, or as otherwise agreed by the parties in writing. The City shall own the software.
3. COUNTY PAYMENTS: In addition to regular fuel reimbursement
payments,the County shall pay the City the following items:
a) The cost of infrastructure, wiring, reader, and other upgrades necessary
to be installed at the County's fuel site, currently estimated to be
approximately$11,282.11.
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b) 25% of the cost of the software.
c) 25% of the cost of the database conversion.
d) 25% of the cost of FMU programming.
e) The cost for 400 fleet keys.
f) The cost for one stand alone Dell computer.
g) The cost for one key encoder.
h) 1/9 of the yearly cost of the super warranty and limited maintenance
plan and any required updates or repairs for the joint fueling and billing
system. The parties shall meet annually and decide whether to continue
the super warranty and limited maintenance plan for the following year.
If additional fuel sites are added to the system, this percentage shall be
adjusted accordingly.
4. NONDISCRIMINATION. The Parties shall not, in the performance
of this Agreement, discriminate or permit discrimination in violation of federal or state
laws or local ordinances because of race, color, sex, age, disability under the Americans
with Disabilities Act,political or religious opinions, affiliations or national origin.
5. CAPTIONS. Captions used in this Agreement are for convenience and
are not used in the construction of this Agreement.
b. APPLICABLE LAW. The Parties to this Agreement shall conform to
all existing and applicable state laws, federal laws, and all existing and applicable rules
and regulations. Nebraska law will govern the terms and the performance under this
Agreement.
7. MERGER. This Agreement shall not be merged into any other oral or
written agreement, lease or deed of any type.
8. MODIFICATION. This Agreement contains the entire agreement of the
Parties. No representations were made or relied upon by either of the Parties other than
those that may be expressly set forth herein. No agent, employee or other representative
of any Party is empowered to alter any of the terms hereof unless done in writing and
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signed by an authorized officer of such Party.
9. STRICT COMPLIANCE. All provisions of this Agreement and each and
every document that shall be attached shall be strictly complied with as written, and no
substitution or change shall be made except upon written direction from an authorized
representative.
10. INVALID PROVISIONS. In the event that any covenant, condition, or
provision herein contained is held to be invalid by any court of competent jurisdiction,
the invalidity of any such covenant, condition, or provision herein contained shall
not affect the validity of the remainder of the covenants, conditions or provisions of
this Agreement, which shall in all respects remain a legally binding agreement with
the invalid portion being deleted; provided, however, that the validity of any such
covenant, condition, or provision does not materially prejudice. either of the Parties in
its respective rights and obligations contained in the valid covenants, conditions, or
provisions of this Agreement
11. NON-WAIVER. No delay or failure by either of the Parties to exercise
any right under this Agreement, and no partial or single exercise of that right, shall
constitute a waiver of that or any other right unless otherwise expressly provided herein.
A valid waiver by either of the Parties shall not be deemed to extend the amount of time
available to perform any other act required under this Agreement.
12. FURTHER AGREEMENTS. Each of the Parties will, whenever
and as often as the other may request, execute, acknowledge and deliver or cause
to be executed, acknowledged and delivered any and all such further conveyances,
assignments or other instruments and documents as the requesting party may believe
to be necessary, expedient or proper in order to complete any and all conveyances,
transfers, and assignments herein provided and to do any and all other acts and to
execute, acknowledge and deliver any other documents so requested in order to carry
out the intent and purposes of this Agreement.
13. EFFECTIVE DATE AND TERM. This Agreement shall become
effective upon its execution by the Parties, and shall be perpetual in its duration, until
terminated by either party upon 90 days advance written notice.
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14. INDEMNITY. To the fullest extent permitted by law, each party shall
indemnify, defend and hold harmless the other party, its agents and employees, their
successors and assigns, individually and collectively, from and against all claims, suits,
damages, fines, losses and expenses, including but not limited to attorneys' fees, arising
out of or resulting from actions or omissions under this agreement, provided that such
claim, suit, damage, fine, loss or expense is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property including loss of use
resulting therefrom, but only to the extent caused in whole or in part by negligent acts
or omissions of the indemnifying party, anyone directly or indirectly employed by it,
or anyone for whose acts it may be liable, regardless of whether or not such claim, suit,
damage, fine, loss or expense is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity which would otherwise exist as to a party or person described in this
paragraph.
15. NOTICES. Any notice required under the terms of this Agreement shall
be deemed to have been given within forty-eight(48) hours after written notice has been
deposited in the United States mail; and:
a) Notices to the City provided for in this Agreement shall be sufficient if sent by
regular mail, postage prepaid, addressed to:
Marc McCoy(or the current manager)
City of Omaha Fleet Management
2606 No. 26 St.
Omaha,Nebraska 68111;
b) Notices to the County provided for in this Agreement shall be
sufficient if sent by regular mail, postage prepaid addressed to:
John Solano (or the current manager)
Douglas County Garage
15445 West Maple Road
Omaha, Nebraska 68116
or to such other respective address(s) as the Parties may designate to each other
from time to time in writing.
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15. INTERLOCAL COOPERATION ACT PROVISIONS. This Agreement
shall not create any separate legal or administrative entity. It shall be administered
jointly by the parties, through one representative to be designated by and on behalf of
each party. Each party shall separately finance and budget its own duties and functions
under this Agreement. There shall be no jointly held property as a result of this
Agreement. Upon termination, each party shall retain ownership of the property it owns
at the time of termination. This Agreement does not authorize the levying, collecting or
accounting of any tax.
64.
This Agreement is executed by DOUGLAS COUNTY on this (0 day of
J�»uP/ , 20l .
DOUGLAS COUNTY
By r _
Eric Carlson, Pu asing Agent
APPROVED AS TO FORM:
/
County Attorney's Office
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• • k
This Agreement is executed by the CITY OF OMAHA, NEBRASKA on this
day of cdouor), , 20 Ji-/
CITY OF OMAHA,NEBRASKA
Mayor
ATTEST:
/-30-/Y
DEPUTY City Clerk
APPROVED AS TO FrMI:
r
DEPU7Y Gil)!ATY
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha (the City), and Douglas County, Nebraska (the County)
each maintain a total of nine fueling locations throughout Douglas County for use of their
respective fleet vehicles; and,
WHEREAS, the City and the County desire to cooperate in the joint use of these fueling
locations, in the billing of fuel utilized by the other party at these locations, and in the allocation
of costs for a joint fueling and billing system, as defined by the attached Interlocal Agreement,
which by this reference becomes a part hereof; and,
WHEREAS, the City shall act as the lead agency in the procurement and implementation
of the joint fueling system, and will be the owner of the affiliated software, with the County
providing an initial total cost share currently estimated to total $15,279.01, which will be
reimbursed to the City's General Fund 11111, Fuel & Oil Organization 116174, with annual
assessment between the parties for ongoing maintenance and warranty cost share.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the Interlocal Agreement between the City of
Omaha (the City) and Douglas County, Nebraska (the County) regarding cooperation, planning,
and implementation of a joint fuel management system, with the City acting as lead agency in
procurement and implementation, and as owner of the affiliated software, and the County
providing an initial total cost share currently estimated to total $15,279.01, which will be
reimbursed to the City's General Fund 11111, Fuel & Oil Organization 116174, with annual
assessment between the parties for ongoing maintenance and warranty cost share, is hereby
approved.
18011141 APPROVED AS TO FORM:
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CITY ATTORNEY DATE
By
Councilmember
Adopted..........'JAN...2..8..20/4 7- 0
ityCl k
Approv ..30_/y
Mayor
,A/1
NO.
Resolution by
Res. that. as recommended by the Mayor, the
Interlocal Agreement between the City of
Omaha (the City) and Douglas County,
Nebraska (the County) regarding cooperation,
planning. and implementation of a joint fuel
management system. with the City acting as
lead agency in procurement and
implementation, and as owner of the affiliated
software, and the County providing an initial
total cost share currently estimated to total
$15,279.01, which will be reimbursed to the
City's General Fund 11111, Fuel & Oil
Organization 116174, with annual assessment
between the parties for ongoing maintenance
and warranty cost share, is hereby approved.
180I Ahtp
Presented to City Council
.........J A N..2...8...2.Q.14............
Adopted �-a
guiter grown
City Clerk