2009-35COUNCILMEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION:
WHEREAS the City of Blair, Nebraska has been presented with an Interlocal Agreement
between the City of Blair, Nebraska and the Counties of Dodge and Cuming and the City of
Fremont for operation of a III Corps Agency for the purpose of inter jurisdictional drug
enforcement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY OUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the Inter -local Agreement attached hereto, marked
Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby
approved by the City of Blair, Nebraska and shall take affect October 1, 2009.
BE IT FURTHER RESOLVED THAT THE CHIEF OF POLICE 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.
COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER JENSEN.
UPON ROLL CALL, COUNCILMEMBERS STEWART, KEPHART, FANOELE,
CHRISTIANSEN, JENSEN, ABBOTT AND WOLFF VOTING "AYE ", AND
COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND APPROVED THIS 10TH DAY OF
NOVEMBER, 2009.
ATTEST:
\ 13 - RENDA R. WHEELER, CITY CLERK
RESOLUTION 2009 -35
CITY OF BLAIR, NEBRASKA
JME E. REALPH, MAYOR
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 10th day of November, 2009.
t 1'4( ((a—
BRENDA R. WHEELER, CITY CLERK
INTERLOCAL COOPERATION AGREEMENT 200
Pursuant to Neb. Rev. Stat. 13 -801 et seq. (Reissue 1991), it is hereby agreed by and between the below
listed counties and cities, that the counties and cities shall hereby enter into an interlocal cooperation
agreement consistent with the Interlocal Cooperation Act and with the following terms and conditions
to wit:
1, The counties and cities included within this agreement are as follows: Counties of Dodge and
Cuming and the cities of Fremont and Blair.
2. The purpose of this agreement shall be to indentify, apprehend and facilitate the prosecution of
drug dealers and offenders within the area set forth above. The law enforcement agencies
included within the described jurisdictions above will be participating in such drug enforcement
and shall comprise a group known as Ill CORPS.
3. This agreement shall be made by and between Ill CORPS and the aforementioned agencies and
shall take effect on October 1, 2009, and shall terminate upon exhaustion of funds for its
purpose as provided in Nebraska Commission on Law Enforcement and Criminal Justice Grant
1#09 -DA -310 which is /are incorporated herein by this reference, and it may be renewed,
modified, extended or continued, unless earlier termination is agreed to by- and - between the
parties as provided herein, and it may be renewed, modified, extended or continued.
4. At any time during the operative dates of this agreement, any member of this compact that
wishes to terminate their participation in the compact may do so by providing written notice of
such intent not less than sixty (60) days prior to said termination. Notice shall be given to the
established Board at a regular scheduled meeting.
5. III CbtPS'will establish a Board which shall be a committee'that be responsible to oversee
• and establish priority cases'for the III CORPS officers. This Board will alsd'decide policy i
and.eriure that the • Ill CORPS officer are following established guidelines adopted by III CORPS.
The III CORPS Board shall be comprised of a representative and one alternate from each
member agency. The member of the Board shall be agreed to by the local law enforcement
agency heads of the respective agencies. The term of the member shall be one year, however,
the member may be reappointed.
6. Each party to this agreement shall be responsible for supplying sufficient man powernecessary
to ensure the reasonable safety of the investigators, Each member of the agreement shall also
be responsible for supplying manpower to assist investigators with the execution of search
warrants, arrest warrants, and other investigative activities as may be required. However, in no
event shall liability arise to any party of this agreement for harm sustained by an officer who is
engaged in activity pursuant to III CORPS and each party hereto agrees to hold all other parties
harmless for injury, death, earning impairment, bodily disfigurement, or other physical and
mental disability incurred by an officer while engaged in Ill CORPS activities.'
7. It is further understood and agreed that the and responsibilities of supervision
arid /or discipline 'of personnel' of Ill' C ORPS members acting hereu shall at all time remain
the responsibility and ofth'e lllsCORPS respectively;.
INTERLOCAL COOPERATION AGREEMENT
8. It is further understood and agreed between the parties that the personnel of the III CORPS
member who, may from time to time, act in purported furtherance of this agreement whether
singly or in concert with or without actual implied authorization, remain at all times and for all
purposes the employees of their respective employers, and such agency /employers shall be
solely responsible and accountable for their own employee and their employee's acts and
omissions.
• 9. Personnel of III CORPS and CORPS members shall forward reports, records, etc, as may be
applicable in reference to any investigative work and provide assistance to local law
enforcement personnel supplied by III CORPS and its members.
10. It is further agreed and understood that III CORPS members and their respective personnel
acting in furtherance of this agreement, whether in an investigative or support capacity, shall, at
all times, comply with all policies, procedures and guidelines of III CORPS now or hereafter
• established,
11, Except as otherwise provided, equipment of III CORPS and III CORPS members, which may be
utilized in furtherance of this agreement, shall at all times remain the property of the
contributing agency which shall be sole responsibility for maintenance, repair, ordinary wear
and tear, and damage, absent gross negligence or willful at of another.
12. The Ill CORPS Board shall meet monthly, or at least quarterly, to discuss on -going investigations,
to review activity by the III CORPS officers, and provide assistance to such officers, The monthly
meetings shall be held at a time and place to be set by the Board. The Board shall elect a
chairman to lead each meeting and ensure that an agenda is followed. The term of this
chairman shall be one year. Re- election of an existing chairman is allowed. The III CORPS
chairman shall have the authority to act on behalf of III CORPS concerning matters of
contractual agreements. In no event shall any party to this agreement be liable for debts of III
CORPS in excess of III CORPS budget. All matters of expenditures shall be the decision of the III
CORPS Board.
13, Reports pertaining to any property seized and subject to potential forfeiture shall be submitted
immediately upon seizure to the appropriate federal justice agencies if ill CORPS acts in concert
with Federal agents. All forfeitures obtained through III CORPS resources shall be considered
income from the III CORPS program. If an individual agency action results in a forfeiture, and
the action did not involve federally funded activities, the forfeiture proceeds may be disbursed
pursuant to statutory guidelines without classification as program income for grant purposes.
14. It is further agreed and understood that the parties hereto and the III CORPS members will
cooperate in all respects to enhance the furtherance of the purpose of III CORPS and this
agreement will be liberally construed to that end.
15. The grant application shall become a part of this agreement. The budget submitted and
approved by the Nebraska Crime Commission as part of the grant shall become the operating
budget of III CORPS. Any variations in budget or procedures will be consistent with State and
Federal guidelines, as per grant requirements, and agreed upon by a majority of committee
members.
INTERCO
CAL COOPERATION AGREEMENT N9
16. It is further understood and agreed that should funding of Ill CORPS grant be reduced or
eliminated, or legislative or judicial action prevent any party's ability to perform hereunder, that
this agreement shall terminate forthwith and hence forth be null and void. Provisions relating
to advance notice of termination herein before set forth shall not apply to this paragraph, Upon
termination of this agreement as set forth in this paragraph, all proceeds and receipts shall be
returned to the various III CORPS members on proportionate basis to their contributors.
17. The resolutions passed by the political subdivisions of the III CORPS member agencies will
become a part of this agreement by reference and hereto attached.
18. Each party hereto shall pay their pro rata share of costs on or before December 31 of each year
during the term of this agreement, For purposes of this agreement, each party's pro rata share
shall be that percentage of the total population of each member jurisdiction as compared to the
combined total population of all parties hereto. In the case of Dodge County, the population of
Fremont shall be excluded from its population. Each party's pro rata share shall either be paid
in cash or in kind. For any party to receive credit for in kind payment, a written request shall be
submitted to the III CORPS Board, which request shall specify the in kind service for which the
party is requesting credit. Upon approval of a majority of the Board, the requesting party shall
receive the appropriate credit,
19, If any party is in default of payment of any sums due and owing or does not provide the in kind
service as per the agreement between the party and III CORPS Board prior to December 31 of
each year, the defaulting party may be removed and terminated from this agreement; provided,
however, prior to removal and termination, the defaulting party shall be given a written notice
of the event of default and, if the defaulting party has not cured such default within sixty (60)
days from the date of receipt of the notice of default, the defaulting party shall be deemed to be
removed from the agreement and all rights thereto shall be terminated; provided, further, that
any sums accruing prior to the date of removal and termination shall survive termination and
shall remain due and payable to the III CORPS Board,
Bradley Boyum
Cuming Cqu y Sherif
Date
Timothy Mullen
r ‘ i k
AN:„ 1 .- ‘e
Fremont Po' ic, ief
\ \ — \ C t •"(3
Date
INTERLOCAL COOPERATION AGREEMENT 2009
SIGNATURE PAGE
(INTERLOCAL DRUG TASK FORCE AGREEMENT)
Steve Hespen
Dodge County Sheriff
Date
Joe Lager
Blair • Ice C ief
I 1* 2°a
Date