2013-08RESOLUTION NO. 2013 -_8
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WHEREAS the City of Blair, Nebraska has been presented with an Addendum to the
Interlocal Cooperation 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 on October 1, 2009.
WHEREAS, the County of Saunders and the cities of Wahoo, Ashland and West Point
desire to participate in the Interlocal Cooperation Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY OUNCIL OF
THE CITY OF BLAIR, NEBRASKA, that the III CORPS Interlocal Cooperation Agreement be
hereby amended and that the terms and provisions of the Addendum to 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.
COUNCILMEMBER RYAN MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER KEPHART. UPON
ROLL CALL, COUNCILMEMBERS SHEPARD, STEWART, RYAN, KEPHART,
CHRISTIANSEN, ANDERSEN, HALL AND JENSEN VOTING "AYE ", AND
COUNCILMEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE
FOREGOING RESOLUTION PASSED AND APPROVED THIS 12TH DAY OF MARCH,
2013.
CITY OF BLAIR, NEBRASKA
J E. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
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 12th day of March, 2013.
BRENDA R. WHEELER, CITY CLERK
A
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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,
Saunders and Cuming and the cities of Fremont, Blair, Wahoo, Ashland, and Yutan.
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 III CORPS,
3. This agreement shall be made by and between III CORPS and the aforementioned agencies and
shall take effect on October 1, 2012, and shall terminate upon exhaustion of funds for its
purpose as provided in Nebraska Commission on Law Enforcement and Criminal Justice Grant
#12 -DA -0309 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 CORPS will establish a Board which shall be a committee that will be responsible to oversee
and establish priority cases for the III CORPS officers. This Board will also decide policy issues
and ensure that the III CORPS officers 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, Each member agency shall be responsible for selecting the representative and
alternate from their respective agency. 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 power necessary
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 III CORPS activities.
7. It is further understood and agreed that the prerogatives and responsibilities of supervision
and /or discipline of personnel of III CORPS members acting hereunder shall at all times remain
the responsibility and right of the III CORPS members respectively.
a. 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 III 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 to the prosecutor's office in a
timely manner.
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 III 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. If III CORPS is involved with the seizure of property and /or the investigation which results in the
seizure of property, reports pertaining to the property seized and /or the property subject to
potential federal forfeiture shall be submitted immediately upon seizure to the appropriate
federal justice agencies. All federal 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
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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.
16. It is further understood and agreed that should funding of III CORPS grant be substantially
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 31S 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.
Board Chairperson
Attest:
Bonnie Vogitance
Curning County Clerk
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App roved and
Daniel Bracht
Curning County Attorney
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Bob Missel
Dodge County Board of Supervisors
Board Chairperson
Attest:
:
Steve Hespen
Dodge County Sheriff
Approved as to forr)i)and content:
Oliver Glass
Dodge Coun Attorney
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:
Steve Hespen
Dodge County Sheriff
Approved as to forr)i)and content:
Oliver Glass
Dodge Coun Attorney
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Kevin Stukenholtz
Saunders County Sheriff
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Approved asto form and content:
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�aPayne, City Ot'brnqe
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Le Realph, Mayor
Attest:
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Brenda Wheeler, City Clerk
Approved as to form and content:
Adam Tripp, City Attorney
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Melissa Harrell, Ciiy Clerk
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Tim Orikeier,Mayor
Attest:
Dawn Schmidt, City Clerk
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