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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 11Page (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. 21 Page 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. 41 Page 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 51 Page 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 61 Page a rr q