2019-11RESOLUTION NO. 2019-11
COUNCILMEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, an Interlocal Agreement between the City of Blair, Nebraska, and Blair
Community Schools has been prepared and presented to the City Council to assist each entity in
securing mowing services together to achieve lower mowing costs to each participant through a
joint effort, and,
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED said Interlocal Agreement referred to
hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are
hereby authorized and directed to execute same on behalf of the municipality.
COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ANDERSEN. UPON
ROLL CALL, COUNCIL MEMBERS STEWART, SHEPARD, RUMP, WILLIS, ANDERSEN,
JENSEN, HALL, AND WOLFF VOTING "AYE" AND COUNCIL MEMBERS NONE
VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED
AND APPROVED THIS 12TH DAY OF MARCH 2019.
CITY OF BLAIR, NEBRASKA
N
BY
RICHARD HANSEN, MAYOR
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA 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 said City, held on the 12th day of
March 2019.
of
BRENDAWHEELER, CITY CLE
INTERLOCAL COOPERATION AGREEMENT
BETWEEN BLAIR COMMUNITY SCHOOLS AND THE CITY OF BLAIR,
NEBRASKA
FOR SHARED CONTRACTED MOWING SERVICES
This AGREEMENT (hereinafter referred to as "Agreement) is entered into
as of the date executed below by the last signatory party (hereinafter referred tc
as "Effective Date"), SCHOOL DISTRICT NO. 1 WASHINGTON COUNTY,
NEBRASKA a/k/a Blair Community Schools (hereinafter referred to as "BCS"),
whose principal place of business is 2232 Washington Street, Blair, Nebraska,
68008, and the City of Blair, Nebraska (hereinafter referred to as "City"),
whose principal place of business is 218 S. 16th Street, Blair, Nebraska, 68008.
RECITALS
1. BCS is in need of securing affordable, reliable mowing services for its
properties located in Blair, Nebraska.
2. The City and the BCS have an interest in securing mowing services
together so that it is possible to achieve lower mowing costs to each of
the Participants through a joint effort or an Interlocal Agreement.
3. The Interlocal Cooperation Act, Neb. Rev. Stat. §13-801 et. seq.
(hereinafter referred to as the "Act") provides that two or more public
entities may into an agreement for joint or cooperative action. The City
and BCS have determined that to assist the BCS in securing dependable,
affordable mowing services for BCS, that it is necessary, desirable and
advisable, and in the best interest of the community to enter into this
Agreement.
4. BCS is a school district, a body corporate duly created and existing
under the laws of the State of Nebraska, and an eligible public agency
under the Act.
S. The City is a duly organized and validly existing as a city of the first
class, political subdivision of the State of Nebraska pursuant to Chapter
16, Nebraska Revised Statutes, as amended, and its home rule charter,
and an eligible public agency under the Act.
NOW THEREFORE, in consideration of the premises and covenants
contained herein, the Participants agree as follows:
ARTICLE 1
PURPOSES AND SCOPE
1. The Purpose of this Interlocal Agreement is outlined in the above recitals.
2. The Scope of this Agreement is for Mowing Services for the BCS School
Administration (1. 19 Acres), South School (2.17 Acres), North School
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(3.38 Acres), Jackson Street (14.4 Acres), Arbor Park Middle School (10.7
Acres), Park Street (2.2 Acres), Deerfield Elementary (4.8 Acres).
Attached and Incorporated by Reference are the Drawings of the areas to
be covered by this Mowing Services Interlocal Agreement, labeled
"Exhibit A."
3. The Participants hereby acknowledge and agree that the City will be the
sole contracting authority under this Agreement.
ARTICLE II
ADMINISTRATION AND ORGANIZATION
1. No Joint Entity. There is no joint entity created by this Agreement. No
separate legal or administrative entity is created under this Agreement
between the participants.
2. Administration: Except as otherwise provided herein, this Agreement,
the Purposes and Scope, and the cooperative undertakings shall be
administered by the City of Blair, Public Works. BCS hereby
acknowledges and agrees that the City will be the sole contracting
authority for this Agreement. BCS hereby acknowledges and agrees that
the City is currently under contract for mowing services and that at the
end of that contract for mowing services, the City will be solely
responsible for obtaining and securing bids for mowing services for the
next contract term.
ARTICLE III
PAYMENT
1. Payment for Mowing Services. The City will secure mowing services for
the BCS for the BCS properties identified in Exhibit A. The City will
remit a monthly invoice to the BCS for the mowing services. The
monthly invoice is due upon receipt and the BCS shall remit payment to
the City of Blair as indicated on this monthly invoice.
2. Bidding and Review of Bids. The City will be the sole contracting
authority for the Agreement. The City will be the sole, lead entity for the
purposes of securing bidding for mowing services. At this time, the
mowing contract is placed for bid every three (3) years. The parties
hereby acknowledge and agree that after bids are received, placed on file,
and a bid is accepted by the City, the BCS reserves the right to review
the winning bid and to continue or terminate this Agreement by notifying
the City of its intention to continue or terminate the Agreement within
fourteen (14) days of the City accepting the winning bid and shall notify
the City of its intention to continue or terminate the Agreement in
writing.
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ARTICLE IV
TERMINATION OF AGREEMENT
1. Either party may terminate this Agreement at the end of each mowing
season (mowing season is defined as the period of time mowing begins in
the Spring and ends in the Fall/Winter months when the grass is
dormant) by giving the other entity notice, in writing, with at least thirty
(30) days' notice.
2. If the City terminates its agreement with the mowing contractor(s), BCS
is released from this interlocal agreement and the Agreement is
terminated.
3. The City may terminate this Agreement if the BCS does not make timely
payments under this Agreement by giving at least thirty (30) days' notice,
in writing, to the BCS.
4. BCS may terminate this Agreement if mowing is not occurring per the
Agreement by giving at least thirty (30) days' notice, in writing, to the
City.
ARTICLE V
AMENDMENT
Unless otherwise provide herein, this Agreement may be amended or
modified by resolution or ordinance adopted by the governing bodies of both
the BCS and the City. After mutual approval, the amended and restated
Agreement shall be signed by the authorized agent of the Participant.
ARTICLE VI
NONDISCRIMINATION
The Participants affirm that they comply with, and will continue to
comply with, the Nebraska Fair Employment Practice Act and Title VI of the
Civil Rights Act of 1964, as amended. The Participants affirm that no person
(including employees or applicants for employment) shall on the grounds of
age, religion, sex, disability, race or national origin, be excluded from
participation in, be denied the benefit of, or otherwise subjected to
discrimination under this contract or any other project, program or activity
supported by this contract. The Participants affirm that in performance of this
Agreement, neither it or its subcontractors will discriminate against of their
employees or applicants for employment concerning the employees' or
applicants' hire, tenure, terms, conditions or privileges of employment based on
the employees' or applicants' race, color, religion, sex, marital status, age,
disability, or national origin.
ARTICLE VII
SEVERABILITY
M
If any non -economic mutual term or provision of this Agreement or the
application thereof to any person or circumstances shall to any extent by
invalid of unenforceable, the remainder of this Agreement or the application of
such term or provision to persons or circumstances other than those as to
which it is held invalid or unenforceable shall not be affected thereby, and each
term and provision of this Agreement shall be valid and enforced to the fullest
extent permitted by law.
ARTICLE VIII
NOTICES AND DEMANDS
A notice, demand, or other communication under this Agreement by
either Participant to the other shall be sufficiently given or delivered if it is sent
by registered or certified mail, postage prepaid, return receipt requested, or
delivered personally as follows:
To City: City of Blair
218 S. 16th Street
Blair, NE 68008
c/o City Administrator
Copy to: City of Attorney
Desirae Solomon
1762 Washington Street
Blair, NE 68008
To BCS: Blair Community Schools
2232 Washington Street
Blair, NE 68008
c/o Superintendent
Copy to: Talbot Law Office
Attn: Ed Talbot
1526 Washington Street
Suite H
P.O. Box 405
Blair, NE 68009-0070
Or at such other address with respect to either Participant as that
Participant may from time to time designate in writing and forward to the other
as provided in this Section.
Neither the City's nor the BCS's Representative shall be changed without
ten (10) days' notice to the other Party.
ARTICLE IX
MISCELLANEOUS
1. Recitals, Titles of Articles, and Sections. Any titles of the several
Articles and Sections of this Agreement are inserted for the convenience
of the index and reference only and shall be disregarded in construing or
interpreting any of its provisions.
2. Construction. Wherever used herein including acknowledgments, the
singular shall be construed to include the plural, the plural the singular,
and the use of any gender shall be construed to include and be
applicable to all genders as the context shall warrant.
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3. Jurisdiction and Court. The Participants each consent to the
jurisdiction of the Washington County District Court and that the
Agreement shall be construed and governed by the laws of the State of
Nebraska.
4. Representations. Each Participant hereby agrees and acknowledges to
each other that it has the necessary authority to execute, deliver, and
perform this Agreement.
5. Release from Liability. The BCS acknowledges and agrees to release
from liability and hold harmless the City of Blair, its officers, and
employees from claims arising from the actions or omissions of any
Contractor, its sub -contractors, agents, or employees that perform Mowing
Services under this Agreement.
EXCECUTED by the City of Blair, on this day of
2019.
ATTEST:
THE CITY OF BLAIR, NEBRASKA,
A Municipal Corporation.
LD,1
BY:
Brenda Wheeler Richard Hansen, Mayor
City Clerk
STATE OF NEBRASKA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged by me on this day of
March, 2019, by Richard Hansen, Mayor of the City of Blair, a municipal
corporation, on behalf of the City of Blair.
GENERAL NOTARY -State of Nebraska t`
L411, BRENDA R �June20,'�20
f
My Comm. Exp. Notary Public
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EXCECUTED by the SCHOOL DISTRICT NO. 1 WASHINGTON COUNTY,
NEBRASKA a/k/a Blair Community Schools, a school district under the laws
and statutes of the State of Nebraska, on this ,,�Iday of
- .1 , 2019.
ATTEST:
"Q -z�P -
Wit_
STATE OF NEBRASKA )
) ss.
COUNTY OF WASHINGTON )
SCHOOL DISTRICT NO. 1
WASHINGTON COUNTY, NEBRASKA
a/k/a Blair Community Schools,
a school district under the laws and
Statutes of the State of Nebraska.
BY:�
Dr. Randall Gilson
Superintendent for Blair
Community Schools
The foregoing instrument was acknowledged by me on this Z7 day of
March, 2019, by Dr. Randall Gilson, Superintendent, SCHOOL DISTRICT NO.
1 WASHINGTON COUNTY, NEBRASKA a/k/a Blair Community Schools, a
school district under the laws and statutes of the State of Nebraska.
ELIZABETH M. NICKERSON
STATE OF NEBRASKA
GENERAL NOTARY
MY COMMISSION EXPIRES
R DECEMBER 21, 2019
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