Loading...
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