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2014-04-22 COB, WA Cty & Burt Cty - ReflectometerRESOLUTION 2014- 12 COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS: WHEREAS the City of Blair, Nebraska, has been presented with an Interlocal Agreement between the City of Blair, Nebraska, Washington County Nebraska and Burt County Nebraska for the shared purchase and usage of a reflectometer for sign maintenance. WHEREAS, the terms and conditions thereof are acceptable to the municipality. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are 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. COUNCIL MEMBER KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHEPARD. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, JENSEN, KEPHART, HALL, CHRISTIANSEN AND ANDERSEN VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22ND DAY OF APRIL, 2014. ATTEST: BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) ss COUNTY OF WASHINGTON ) CITY OF BLAIR, NEBRASKA J REALPH, MAY `lt 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 at a regular meeting of the Mayor and City Council of said City held on the 22nd day of April, 2014. 10 BRENDA WHEELER, City Clerk INTERL ®CAL AGREE ENT SHARED PURCHASE AND USAGE OF REFLCTO ETE FOR SIGN MAINTENANCE This Agreement made this A q as day of R)( d , 20 ) � by and between the City of Blair, Nebraska, a governmental subdivision, ( hereinafter referred to as `GLAIR "), and Washington County, Nebraska, a governmental subdivision, (hereinafter referred to as "WASHINGTON COUNTY ") and Burt County, Nebraska, a governmental subdivision, (hereinafter referred to as "BURT COUNTY ") WHEREAS, WASHINGTON COUNTY, BURT COUNTY and BLAIR are implementing a new sign maintenance program; and WHEREAS, Nebraska Revised Statutes 13 -801 es seq. (Reissue 1997) permits units of local government in the State of Nebraska to cooperate with one another for the purpose of jointly exercising governmental authority and responsibilities they share in common; and WHEREAS, WASHINGTON COUNTY, BURT COUNTY and BLAIR all agree that the purchase of a reflectometer is necessary for proper distance measurements during implementation of the new sign program; and WHEREAS, WASHINGTON COUNTY, BURT COUNTY and BLAIR all agree that implementation of this interlocal agreement and intergovernmental cooperation is necessary in order to control costs expended for the reflectometer by each respective govermnental entity and for defining the terms of the shared costs, maintenance and usage; and WHEREAS, WASHINGTON COUNTY, BURT COUNTY and BLAIR, acting through their respective governing bodies, individually and collectively, do hereby adopt and find the foregoing premises as findings of said governing bodies. NOW, THEREFORE, it is mutually agreed by and between the undersigned entities as follows: 1. PURPOSE The purpose of this interlocal agreement is to control costs expended for the reflectometer by each respective governmental entity and for defining the terms of the shared costs, maintenance and usage of the tool. 2. AGENCY PARTICIPATION Agencies shall ensure that all personnel in their respective Agency are properly trained for usage of the reflectometer. Each entity shall be allowed four (4) months each calendar year Reflectometer Purchase & Usage Interlocal Agreement Page 1 for use of the reflectometer by that entity. Unless otherwise agreed upon by the entities in writing, the usage shall be divided as follows; WASHINGTON COUNTY (September through December) BURT COUNTY (January through April) BLAIR (May through August) Blair will be responsible for checking the Reflectometer out to each of the three (3) entities and will inspect the unit each time it is returned to verify the unit has not been damaged and is in proper working condition. If the Reflectometer is damaged while being under the control of any party of this agreement, that party shall be solely responsible for the repairs of the unit including shipping costs of the unit to the manufacturer if necessary. Such repairs shall be made immediately as to not interrupt the normal usage of the Reflectometer. If usage by an entity is interrupted, such time shall be taken from the damaging entity and awarded to the entity whose use was interrupted. 3. COST COMMITMENT WASHINGTON COUNTY, BURT COUNTY and BLAIR shall each be responsible for one- third (1/3) of the initial cost of the reflectometer. Each entity shall pay their initial share of the tool prior to any use by that entity. Blair will develop the specifications for seeking bids for the purchase of the Reflectometer, and make the initial purchase of the Reflectometer and invoice Burt and Washington County one -third each of the total cost each upon receipt of invoice from Blair. No use of the Reflectometer shall occur prior to reimbursement in the full amount owed to Blair. WASHINGTON COUNTY, BURT COUNTY and BLAIR shall each be responsible for one- third (1/3) of the costs associated with insurance, annual calibration and normal maintenance of the reflectometer. Repairs caused by misuse of the reflectometer shall be funded in full by the entity causing the repairs. Such repairs shall be made immediately as to not interrupt the normal usage of the Reflectometer. Blair will take the responsibility of getting the Reflectometer insured, calibrated annually and other required or normal maintenance of the unit and invoice both Burt and Washington County one -third of the total insurance, calibration and normal maintenance costs as incurred. No further use of the Reflectometer shall occur prior to reimbursement in the full amount owed to Blair. Cost commitments for additional items, upgrades or support shall be negotiated by WASHINGTON COUNTY, BURT COUNTY and BLAIR. Due diligence shall be exercised by each Agency to plan for such items, upgrades or support through the regular budgetary process of each Agency. Reflectometer Purchase & Usage Interlocal Agreement Page 2 4. TERM AND TERMINATION 4.1. This agreement shall become effective on the date it is executed by WASHINGTON COUNTY, BURT COUNTY and BLAIR and shall remain in effect until m J 1 5= 2 b . Following this initial term, this Agreement will auto natically renew each year, unless terminated earlier in accordance with the terms of this agreement. 4.2. Prior to the natural expiration of this Agreement, an entity may give the other entities thirty (30) days written notice of the notifying entity's desire to renegotiate this Agreement. During the pendency of such negotiations, this Agreement will remain in full force and effect. This Agreement shall be modified or amended only by a written document executed by the entities. 4.3. Any entity may terminate this Agreement at any time for any reason by giving the other entities sixty (60) days written notice. Each entity shall be liable for its share of all costs specified herein until the effective date of the termination. 4.4. This Agreement may be terminated for a material breach not cured within a reasonable time following written notice. Such notice, to be effective, must be sent by registered or certified mail and must describe the breach or breaches complained of and provide a reasonable time to cure, which time may not be less than forty five (45) days following receipt. Following a failure to cure, the non - breaching entity may notify the remaining entities in writing, by registered or certified mail, that the Agreement is terminated as to the breaching entity, effective forty -five (45) days following the receipt of such notice. Each entity shall be liable for its share of all costs specified herein until the effective date of the termination. 5. SEVERABILITY If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, that provision will be severed and the remainder of this Agreement will remain in full force and effect. The entities further recognize that this Agreement shall be subject to amendments in laws and regulations and to new laws and regulations. Any law or regulation that invalidates, or is otherwise inconsistent with the terms of this Agreement or that would cause one or all entities to be in violation of the law or regulation, shall be deemed to have superseded the terms of this Agreement, provided, however, that the entities shall exercise their best efforts to accommodate the terms and intent of this Agreement to the greatest extent possible. 6. ENTIRE AGREEMENT AND BINDING EFFECT This Agreement represents the full and complete understanding of every bind or nature whatsoever between the entities hereto, and all preliminary negotiations and Agreements in conflict of whatsoever bind or nature are merged herein. No verbal Agreement or implied covenant shall be held to vary the provisions herein. This Agreement shall inure to the benefit of, and shall be binding upon, the successors and assigns of the entities hereto. Reflectometer Purchase & Usage Interlocal Agreement Page 3 7. CONTROLLING LAW AND VENUE Any dispute that arises under or relates to this Agreement (whether contract, tort, or both) shall be governed by Nebraska law. 8. NOTICE All notices sent to entities pursuant to this Agreement shall be in writing, by certified or registered mail, return receipt requested and shall be sent to or delivered at the addresses set out below or at such other address as either entity may hereafter designate in writing for service of notice to itself. Washington County Roads Department 8845 Berry Hill Road Blair, NE 68008 washcoroad@abbnebraska.com Burt County Roads Department 111 North 13` Street Suite 3 Tekamah, Nebraska 68061 burtcoroad(i�abbnebcasl <a.com City of Blair 218 S. 16"' Street Blair, NE 68008 ARS oaxi,blair.nems CITY OF BLAIR, NEBRASKA BY a MA O ATTEST: A�djL�� - BPfNDA WHEELER, CITY CLERK BURT COUNTY, NEBRASKA BY CHAI AN ATTEST: c °�Nri c�EP� MERRY fRUHLESEN, COUNTY CLERK ATTEST: MARJORIE SHUMAKE, COUNTY CLERK Reflectometer Purchase & Usage Interlocal Agreement Page 4