2015-39RESOLUTION 2015 - 39
COUNCIL MEMBER ANDERSEN 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 Blair Rural Fire Protection District; and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA, that the Interlocal 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.
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 WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER JENSEN.
UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, HANSEN, WILLIS, WOLFF,
ANDERSEN AND JENSEN VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING
"NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND
ADOPTED THIS 10TH DAY OF NOVEMBER, 2015.
CITY OF BLAIR, NEBRASKA
BY
JA E E. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CL RK
(SEAL)
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 said City held on the
10th day of November, 2015.
BRENDA R. WHEELER, CITY CLERK
wDywagplaiwo
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement"), effective as of
the Effective Date set forth herein, is made by and between THE CITY OF BLAIR, IN THE
STATE OF NEBRASKA (the "City") and THE BLAIR RURAL FIRE PROTECTION
DISTRICT (the "District"; the City and the District are individually and collectively referred to
as "Members").
WHEREAS, the Members desire to work collaboratively to improve efficiency and
effectiveness in delivering fire protection and public safety services ("Public Safety Services") to
persons within their respective jurisdictions; and
WHEREAS, the Members desire to act collaboratively to enhance the provision of Public
Safety Services by cooperative use of an air pack system and related equipment (the
"Equipment"); and
WHEREAS, each of the Members is a public agency within the meaning and definition
of the Interlocal Cooperation Act of the State of Nebraska, as amended (the "Act");
NOW THEREFORE, for good and valuable consideration, the Members agree as
follows:
1. Authority and Purpose.
1.1 Article XV, Section 18 of the Constitution of the State of Nebraska and the Act
authorize any two or more public agencies to enter into agreements for joint or cooperative
exercise of any power, privilege or authority exercised or capable of exercise individually by
such public agencies.
1.2 The Members each have the authority and responsibility to provide Public Safety
Services and to enter into any contracts to effectuate this authority and responsibility.
1.3 It is the purpose of this Agreement for the Members to enter into an Interlocal
Agreement pursuant to the Act in order to efficiently and cooperatively utilize the Equipment
and avoid duplicate ownership of Equipment within neighboring/overlapping jurisdictions.
1.4 This Agreement permits the Members to make the most efficient use of their
powers by enabling them to cooperate on the basis of mutual advantage to provide Public Safety
Services.
2. The Program. The cooperative undertaking of the Members to this Agreement is
the ownership and operation of the Equipment.
2.1 The City, as owner of the Equipment, will benefit through the availability of the
Equipment for Public Safety Services within the City; the District will benefit from the City's
ownership of the Equipment and the District's rights to use the Equipment as provided herein
through the availability of the Equipment for Public Safety Services within the District without
the need for duplicative ownership by the District of equipment similar to the Equipment.
2.2 The City will own the Equipment. City fire department personnel will work
cooperatively with District staff to formulate procedures relating to the availability and
accessibility of the Equipment to the District and the City for their respective Public Safety
Services needs as well as the maintenance, storage and insurance of the Equipment, as
applicable. The City may acquire and dispose of the Equipment as determined appropriate by the
City, upon consultation with the District.
3. Finance, Budget and Administration.
3.1 No separate legal or administrative entity is created under this Agreement. The
Members shall appoint the Blair City Administrator and Fire Chief to be responsible for the
administering the cooperative undertaking.
3.2 The City shall contribute fifty per cent (50%) not to exceed $120,000 toward the
costs of acquisition of the Equipment. The District shall contribute fifty per cent (50%) not to
exceed $120,000 toward the costs of acquisition of the Equipment. Expenses of maintenance, of
the Equipment shall be shared equally between the City and the District. The City shall solely be
responsible for storage and insurance.
4. Term and Termination.
4.1 The initial term of this Agreement shall be for fifteen (15) years, unless otherwise
terminated as provided herein; provided that this Agreement shall not be terminated or expire as
long as any outstanding indebtedness of the City relating to the financing of the Equipment shall
remain outstanding. This Agreement shall be automatically renewed for successive five (5) year
terms after the end of the initial term and any succeeding terms until written notice of intent not
to renew by a Member is given to the other Member at least ninety (90) days prior to end of the
initial or any subsequent renewal term.
4.2 If and when there is no outstanding indebtedness of the City relating to the
financing of the Equipment, this Agreement may be terminated as determined by the Members
for the complete or partial termination of this Agreement. At such time as the governing bodies
of each of the Members shall vote to terminate this Agreement, all outstanding obligations of the
Members relating to this Agreement shall be paid and all assets shall be disposed of as
determined by the City.
5. Responsibilities and Indemnification.
5.1 Neither Member shall be liable to a third party or the other Member for any act or
omission which, pursuant to the terns of this Agreement, is the responsibility of the other Member.
5.2 The Members agree to hold each other harmless, indemnify and defend each other
and their respective Councils, Boards, Officers, Agents and employees, from and against any and
all loss, damage, injury, liability and claims made for damage, expense, or loss arising out of or
in any way resulting from the performance by it of its duties hereunder.
6. Reporting Requirements. Pursuant to Section 13-804(8) of the Interlocal
Cooperation Act, the members further agree to provide information to the Auditor of Public
Accounts regarding this Agreement as required in Section 13-513 of R.R.S. Neb. 2012, as
amended.
7. Assignment. This Agreement shall not be assigned or otherwise transferred to
any person or entity without the prior written consent of the other Members hereto.
8. Notices. All notices or other communications which are required or permitted
herein shall be in writing and sufficient if delivered personally, sent by facsimile transmission
followed by written confirmation of receipt, sent by overnight commercial courier, or sent by
registered or certified mail, postage prepaid, return receipt requested, to the Members at their
addresses or facsimile numbers set forth on Exhibit A hereto (which Exhibit may be changed
from time to time by notice of a Member).
9. Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Nebraska.
10. Effective Date. This Agreement shall be executed in duplicate, and the Effective
Date shall be December 1, 2015.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the Members hereto have executed this Agreement effective
on the day and year first above written.
Clerk
ATTEST:
Secretary
THE CITY OF BLAIR, IN THE STATE 1'
NEBRASKA
Ma
1'9':'LAIR RURAL FIRE PROTECTION
DISTRICT
"'t� ()JFA
Preside t
Exhibit A
Project
James Realph, Mayor
City of Blair
218 S. 16th St.
Blair, NE 68008
(402) 426-4191
Dan Thompson
Thompson Agency
1712 Washington St.
Blair, NE 68008
(402) 426-4707