2023-26RESOLUTION NO. 2023-26
COUNCIL MEMBER FERRARI INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS, the City of Blair contracted with JEO Consulting Group, Inc. to be the
Engineer for Generations Park Project; and
WHEREAS, after an Agreement was reached between JEO Consulting Group, Inc. and the
City of Blair, and approved by Motion at the regular city council meeting of December 13, 2022,
the Blair Public Library Foundation communicated with the City of Blair a desire to financially
contribute and enter into a Memorandum of Understanding for the purposes of expanding the
Generations Park Project to include an amphitheater at Generations Park for the use and enjoyment
of the public; and
WHEREAS, the City of Blair has requested additional design changes to Generations Park
besides the amphitheater addition; and
WHEREAS, the JEO Consulting Group, Inc, has completed a new design plan which
incorporates in design changes for Generations Park which were made at the request of the City of
Blair and also include the addition of an amphitheater; and
WHEREAS, the City of Blair, Nebraska has been presented with an Amended Agreement
between JEO Consulting Group, Inc., and the City of Blair, Nebraska, which is attached and
incorporated by reference as Exhibit A, for the purpose of expanding the original plan for
Generations Park to include design changes requested by the City of Blair and an amphitheater;
IN
WHEREAS, the terms and conditions of the Amended Agreement are acceptable to the
City of Blair.
1
NOW, THEREFORE, BE IT RESOLVED that the Amended Agreement between JEO
Consulting Group, Inc., and the City of Blair, is hereby adopted and approved by the municipality
and the Mayor and City Clerk of the City of Blair are hereby authorized and directed to execute
the same on behalf of the municipality.
COUNCIL MEMBER FERRARI MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SANDVOLD.
UPON ROLL CALL, COUNCIL MEMBERS FERRARI, SANDVOLD, WOLFF, SCHANK,
PAULSEN AND HAFER VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING
`NAY," THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
APPROVED THIS 27TH DAY OF JUNE 2023
ATTEST:
BY:✓` lP�
ELINDA R MP Y
CITY CLERK
la
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 27th day of
June 2023.
BRENDA WHEELER, CITY CLERK
F
Approval for Additional Design Services
Blair Generations Park
W Blair, NE
JEO Project Number: 221871.00
City of Blair Project Number: NPS 31-01089
Date: 2023-06-22
Project Manager: Eric Casper
JEO is requesting written approval for Additional Design Services related to the increase in the
scope of the project.
Description and Scope of Additional Work & Fee(s):
JEO's additional scope of design work includes:
• Additional site concept design and programming of park.
• Additional project management, coordination, and meetings.
• Provide design services for the park amphitheater.
• Provide additional construction administration services for the park and amphitheater
including 10 additional progress meetings.
Fee(s):
JEO's additional fee for this work is $144,000. This additional fee will be added to the contract
amounts as follows:
• Park Design Services: Add $60,000 to $124,500 contract fee
• Park Construction Administration: Add $15,000 to $29,500
• Amphitheater Design Services: Add $57,000 to $0.00 contract
• Amphitheater Construction Administration: Add $12,000 to $0.00 contract
By signing this Approval to Proceed with Additional Services the Owner agrees to the
request for additional services and will pay JEO based on the lump sum fees identified.
h
Printed name and title: / Sign
(P 12- -7 / 2073
Date:
JEO p: 402.934.3680 11213 Davenport Street, Suite 200 joo,eom
JEO t: 402,934,3681 Omaha. Nebraska 68154
INTERLOCAL COOPERATION AGREEMENT
BETWEEN VILLAGE OF . ATERL00AND 01TV, OF BLAIR
FOR SHARED COSTS OF ATTORNEY TRAINING,
FOR DESIRA9 M. SOLOMON
This AGREEMENT (hereinafter referred to as "A is entered into
as of the date executed below by the lasttsignAtory party (hereinafter referred to
as "Effective . Date" 1 ), by and between Village of Waterloo, (hereinafter referred to
as "Village"), whose . principal place of.bu6ifte$8 is $09 S. Front, Street,. PO Box
1 1 27, W I ai&loo' p, Nebraska,. 6k66 d the City of 81ojr, Nebraska (hereinafter
referred to 6
"Cita"), whose principal
pa . 1_lace of business is 218 S. 16 th Street,
'
Blair, Nebraska, 68008.
RECITALS.
Village is a village duly organized, 8 of the State
under the law
of Nebraska and an eligible public ageticp under the Act; and
WHEREAS,the C is a dulv'drgdhi�t organized and validly existing as a city of
i City I
the first, class, political subdivision of the State of Nebraska pursuant to
C . hapter 16, Nebraska Revised Statutes, as amended, and its home, rule.
charter, and an ,elig 6public bl' ncvund&theAct-ajrid
WH8REA8, the Interlocal Cooperation Act, Neb. -Rev. Stat. 913=801 et.
seq. (hereinafter T6 f6rr6d to as the"Adt') Provides thattwo or mare public
The City and
entities rn'%y into an' agreement. " for Joint or cooperative action.
Vit . lage I have determined that to assist for the.l.egat training of D.es-;i,r a*e., M.
S moil s iv, un attorney:
olo' a, 'their respect ffi
WHEREAS-, De.sira.e M. Solomon serves as the Village of Waterloo Village
Attorney and the City of Blair Attorney; and
WHEREAS, the Village and City have a desire to partner together to
equally pay for the legal training and 16dgi9 associatedwith th"with the League of
Municipdlities two (2�) annual conferences for Desirae M. Solomon; and
WHEREAS, the Village and City desire, to enter into this agreement for a
shared expense of paying for those legal education and lodging costs; and
WHEREAS, it is necessary for the Village and City to enter into an
Interlocal Agreement to set forth their respective rights, duties, and obligations.
NOW THEREFORE, in consideration of the premises and covenants
contained herein, the Participants agree as follows:
Waterloo, NE 68069
C/o Board Chairman
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 indek and reference only and shall be disregarded in construing or
interpreting any of its provisions,
2. Cons . trilet . i . oil. Wher-e'ver used herein including ackftQwld.d,gmehts, the
b a
singular shall o 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 c. sh all warrant:
3. 1 . Urisdiction and Court, The, Participants each consent to the
jurisdiction of the Washington County District, Court and that the
Ag'feeffie.nt shall be construed and governed by the laWs of the, State of
Nebfaskd;
4. Representations, Each Participant hereby agrees and acknowledges to
each other that it has the necessary authorityto execute, deliver, and
perform. this!,Agreernont.
EXCF,CUTED by the City of Blair, a municipal corporation under the laws
t of the State 0 Nebraska, on
and st0u. 0 te N. N this 9 day of
-0-(4 . : t 5't 2623.
0
ATTEST:
BY:
Brenda Wheeler
City Clerk
STATE OF NEBRASKA
) ss.
COUNTY OF DOUGLAS
THE CITY OF BLAIR, NEBRAS ' Kk
IP
A Municipal Corporation.
I "
ARTICLE 1
PURPOSES AND SCOPE
1. The Purpose of this Inteirlocal Agreement is outlined in the above recitals.
2. The Scope of this Agreement is to equally pay for the legal education
costs and lodging costs for Desirae M. Solomon.
ARTICLE IT
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 ScQp 0, and the cooperative undertakings shall be
administered by Desirae M. Solomon, Desirae M, Solomon will pay for
her legal education at the League of Municipalities conferences and
lodging up front, and then bill the Village and the City equally with an
invoice. Desirae M. Solomon does not bill or invoice the City or the
Village for food.
ARTICLE III
PAYMENT
1. Payment. The City and Village will equally share in any and all costs
related to the legal education and lodging for Desirae M. Solomon at the
two (2) annual League of Municipalities Conferences.
ARTICLE IV
TERMINATION OF AGREEMENT
1. The City and Village may terminate this Agreement if Desirae M. Solomon
ceases to be the municipal attorney for either entity.
ARTICLE V
AMENDMENT
Unless otherwise provide herein., this Agreement may be amended or
modified by resolution or ordinance adopted by thegoverning bodies of both
the Village 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 :Partticipants. affirm. that no person
(including en' Ploye.e.s or applicants for employment) shall on the grounds of
age- religion, sex- disability, race, or national otiginj 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 natio— n l origin.
ARTICLE VII
SEVJERABILITY
If any non -economic mutual term or provision of this Agreement or the
application thereof to any person or circumstances shall to any extent be
invalid or 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 Clerk
218 S. 16ffi Street
Blair, NE 68008
To Village: Village of Waterloo
509 S, Front Street
PO Box 127
Waterloo, NE 68069
c/o Board Chairman
Copy to: Village Clerk
509 S, Front Street
PO Box 127
The foregoing instrument was acknowledged by me on this 9 day of
August, 2023, by Melinda Rump, Mayor of the City of Blair, a municipal
corporation, on behalf of the City of Blair.
EXCECUTED by Village of Waterloo, a Village duly organized under the laws
and statutes of the State of Nebraska, on this day of
Wdulit , 2023.
ATTEST:
Melissa Smith,
Goin Clerk
wlloo '
STATE OF NEBRASKA )
DO IdS ss.
COUNTY OF WASHi-N-GM )
VILLAGE OF WATERLOO,
a Village under the lacus and
Statutes of the State of Nebraska.
�y
BY: \
Travis Harl w
Waterloo Board Chairman
The foregoing instrument was acknowledged by me on this l_3- day of
August, 2023, by Travis Harlow, Village Board Chairman, on behalf of Village of
Waterloo, a Village duly organized under the laws and statutes of the State of
Nebraska.
General Notary State of Nebraska ) r%� tin
MELISSA RENEE SMITH:
M Comm. Exp.Jul 8, 27. Notary Public
GENERALNOTAtjY-'StaleofNebiaska
BRBNC)A R WN�LI R
P; My unim, �i p, June 20, 2024
l�
Notary Public
EXCECUTED by Village of Waterloo, a Village duly organized under the laws
and statutes of the State of Nebraska, on this day of
Wdulit , 2023.
ATTEST:
Melissa Smith,
Goin Clerk
wlloo '
STATE OF NEBRASKA )
DO IdS ss.
COUNTY OF WASHi-N-GM )
VILLAGE OF WATERLOO,
a Village under the lacus and
Statutes of the State of Nebraska.
�y
BY: \
Travis Harl w
Waterloo Board Chairman
The foregoing instrument was acknowledged by me on this l_3- day of
August, 2023, by Travis Harlow, Village Board Chairman, on behalf of Village of
Waterloo, a Village duly organized under the laws and statutes of the State of
Nebraska.
General Notary State of Nebraska ) r%� tin
MELISSA RENEE SMITH:
M Comm. Exp.Jul 8, 27. Notary Public