2017-30RESOLUTION NO. 2017 - 30
COUNCILMEMBER HANSEN INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska has been presented with an Interlocal
Cooperation Agreement between the Cities of Blair, Nebraska and the City of Fremont,
Nebraska for the purpose of Fremont furnishing arborist services to Blair, Blair and Fremont
sharing additional cost (above the grant funds received) associated with the purchase of a tree
grinder/chipper and Blair contracting with Fremont for Blair's share of the operation and
maintenance costs associated with the tree grinder/chipper.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Interlocal Cooperation Agreement with the City of
Fremont, Nebraska be hereby approved and that the terms and provisions of the Interlocal
Cooperation Agreement which is attached hereto, marked Exhibit "A" and by this reference made
a part of hereof as though fully set forth herein is hereby adopted and accepted by the City of Blair,
Nebraska.
BE IT FURTHER RESOLVED THAT THE MAYOR OF THE CITY OF BLAIR,
NEBRASKA, is hereby authorized to execute and deliver, on behalf of the City of Blair, Nebraska,
any documents that may be necessary for approval of said agreement.
COUNCIL MEMBER HANSEN MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN.
UPON ROLL CALL, COUNCIL MEMBERS STEWART, HANSEN, WILLIS, WOLFF,
JENSEN, HALL AND ANDERSEN VOTING "AYE", AND COUNCIL MEMBERS NONE
VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND ADOPTED THIS 8TH DAY OF AUGUST, 2017.
CITY OF BLAIR, NEBRASKA
BY
JM4S REALPH, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of the City of Blair, Nebraska, held
on the 8th day of August, 2017.
BRENDA WHEELER, CITY CLERK
INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT dated this 3 day of
4mms-r , 2017, by and among the CITY OF FREMONT, NEBRASKA,
(hereinafter "Fremont"), and the CITY OF BLAIR, NEBRASKA, (hereinafter "Blair"), both
being political subdivisions of the State of Nebraska and public agencies as defined in the
Nebraska Interlocal Cooperation Act.
WHEREAS, Fremont provides arborist services to City occupants; and
WHEREAS, Blair seeks arborist services from Fremont on a fee for services basis
as requested by Blair; and
WHEREAS, Fremont applied for a grant from the Nebraska Department of
Environmental Quality (NDEQ) for a tree grinder/chipper to be used
by Blair and Fremont; and
WHEREAS, NDEQ awarded Fremont a grant of $478,000 to be used by Blair and
Fremont; and
WHEREAS, Blair and Fremont wish to make provisions for:
1) Fremont furnishing arborist services to Blair; and
2) Blair and Fremont sharing the additional cost (above the grant funds
received) associated with the purchase of a tree grinder/chipper; and
3) Blair contracting with Fremont for Blair's share of the operation and
maintenance costs associated with the tree grinder/chipper.
NOW, THEREFORE, IT IS AGREED as follows:
1. Purpose. The purpose of this Agreement is to permit Blair and Fremont to
cooperate with each other on a basis of mutual advantage in the care and disposal
of trees, including arborist services and the purchase, operation, and maintenance
of a tree grinder/chipper in Blair and Fremont.
2. Continuing Agreements. The parties agree as follows:
a. Arborist Services. Fremont will provide Blair with arborist services, including
inspections and written reports, as requested by Blair on an as needed
basis. Fremont will invoice Blair on a time and material basis for labor,
transportation, and material for providing arborist services.
1
S
b. Tree Grinder/Chipper Purchase. The additional purchase cost of the tree
grinder/shipper, above what's received from the NDEQ grant funds, will be
shared between Blair and Fremont in proportion to Blair and Fremont's
population. Blair's population is 8,000 and Fremont's population is 25,000,
so the split shall be 24% for Blair and 76% for Fremont. When the parties
have agreed on which tree grinder/chipper to purchase, Fremont will invoice
Blair for its portion of the purchase price, above the NDEQ grant funds
received.
c. Tree Grinder/Chipper Operation and Maintenance. Fremont staff will
operate and maintain the tree grinder/chipper. Annually Fremont will
develop an hourly fee of operating and maintaining the tree grinder/chipper,
based upon actual costs, and invoice Blair a fee for the time the tree
grinder/chipper is used to grind/chip Blair trees. Costs included in the hourly
fee will include labor, transportation, maintenance, insurance, parts, and
material necessary to operate and maintain the tree grinder/chipper.
d. Other Equipment Costs. Fremont will provide additional equipment
(chainsaws, grapple truck, etc.) as required to effectively grind/chip trees for
Blair. Fees for the additional equipment will be invoiced by Fremont to Blair
whenever the equipment is used to grind/chip Blair trees.
e. Tree Chip Disposal. Each party will be responsible for their own tree chip
disposal.
f. Invoices and Payments. Fremont will invoice Blair as services are provided
to Blair and Blair will pay Fremont for services rendered within 30 -days of
invoicing.
3. Miscellaneous.
a. Notices. Any notice or other communication required or permitted
hereunder shall be made by hand delivery, facsimile transmission, courier
service or airmail. Notices shall be addressed as set forth below or such
other address as shall be furnished in writing by either party. Any notice or
communication hand delivered or sent by facsimile transmission shall be
2
H
deemed received when delivered or sent. Any notice sent by courier service
or airmail shall be deemed given on the date received.
Fremont: Tyler Ficken
Fremont City Clerk
400 E Military Ave
Fremont NE 68025
With copy to:
Brian Newton
Fremont City Administrator
400 E Military Ave
Fremont NE 68025
Blair: Brenda Wheeler
Blair City Clerk
218 S 16th St.
Blair NE 68008
With copy to:
Rod Storm
Blair City Administrator
218 S 16th St.
Blair NE 68008
b. Counterparts. This Agreement may be executed in counterparts (including
by facsimile), each of which shall constitute an original, but all of which shall
constitute one and the same instrument.
4. Interlocal Cooperation Act. This Agreement is entered into between the parties
pursuant to the Interlocal Cooperation Act of the State of Nebraska (Chapter 13,
Article 8 of the Revised Statutes of Nebraska, 1943, as amended). The parties
agree:
a. Once this Agreement becomes effective as identified in Section 6 below,
the provisions of this Interlocal Agreement shall continue in full force and
effect until Blair and Fremont determine that the primary purposes hereof
have been accomplished or services are no longer needed as described in
Section 2.
b. There is no separate legal or administrative entity created hereby.
c. The purpose hereof is as stated in Section 1 and the recitals hereto.
K
N
d. Termination of this Agreement other than as herein expressly provided for
and any modification of the terms hereof shall require at least thirty (30)
day notice and a formal resolution of their respective governing bodies or
by written agreement of their respective designees as appointed by formal
resolution.
e. This cooperative effort will be administered by the City Administrators of
Blair and Fremont or their respective designee.
5. Consistency of Action. The parties each agree to take such actions as are needed
to carry out the terms hereof and to refrain from taking any action that is
inconsistent with the terms hereof.
6. Effective Date. This Agreement shall be effective upon the occurrence of the latter
of the following:
a. Separate approving actions of the governing bodies of Blair and Fremont
are taken, which approvals shall include all actions of either party prior to
such effective date taken in reliance upon and in accordance with the terms
of this Agreement, and the parties shall each furnish to the other a certified
copy of the resolution of its governing body;
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by their duly authorized officers on the date and year first written above.
CITY OF BLAIR, NEBRASKA, a political subdivision of the State of Nebraska,
�J�
B
,jA 6alph, Mayor
ATTEST
Brenda Wheeler, City Clerk
4
APPROVED AS TO FORM
Adam Tripp, Cit Attorney
CITY OF FREMONT, NEBRASKA, a political subdivision of the State of Nebraska,
AS TO FORM
5