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