03-22-2011 City Council Regular Meeting PacketCity of Grand Island
Tuesday, March 22, 2011
Council Session Packet
City Council:Mayor:
Jay Vavricek
Interim City Administrator:
Mary Lou Brown
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
Larry Carney
Linna Dee Donaldson
Scott Dugan
Randy Gard
John Gericke
Peg Gilbert
Chuck Haase
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Call to OrderCity of Grand Island City Council
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda
Items form located at the Information Booth. If the issue can be handled administratively without Council action,
notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak.
Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
Call to Order
Pledge of Allegiance
Roll Call
Invocation - Pastor Scott Friesen, Berean Bible Church, 4116 West Capital Avenue
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item C1
Presentation of Legislative Resolution 13 by Senator Mike Gloor
State Senator Mike Gloor will attend the City Council meeting to present Legislative
Resolution 13 congratulating the City of Grand Island for a successful 2010 State Fair.
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item C2
Proclamation "Kick Butts Day 2011" March 23, 2011
Tobacco Free Hall County is sponsoring an annual national initiative that makes
elementary, middle and high school students leaders in the fight against youth tobacco use
and exposure to secondhand smoke. Mayor Vavricek has proclaimed March 23, 2011 as
"Kick Butts Day 2011". See attached PROCLAMATION.
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item E1
Public Hearing on Request from Friesen Management, Inc. dba
Sam and Louie’s NYP, 928 Concord Avenue for a Class “C”
Liquor License
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: March 22, 2011
Subject: Public Hearing on Request from Friesen Management,
Inc. dba Sam and Louie’s NYP, 928 Concord Avenue for
a Class “C” Liquor License
Item #’s: E-1 & I-1
Presenter(s): RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A) To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B) To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C) To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
Friesen Management, Inc. dba Sam and Louie’s NYP, 928 Concord Avenue has
submitted an application for a Class “C” Liquor License. A Class “C” Liquor License
allows for the sale of alcohol on and off sale inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
Also submitted with this application was a Liquor Manger Designation request from
Donald Friesen, 4030 W. Husker Highway.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the application.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Forward to the Nebraska Liquor Control Commission with recommendations.
4. Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve this applicatio n.
Sample Motion
Move to approve the application for Friesen Management, Inc. dba Sam and Louie’s
NYP, 928 Concord Avenue for a Class “C” Liquor License contingent upon final
inspections and Liquor Manager Designation for Donald Friesen, 4030 West Husker
Highway contingent upon the completion of a state approved alcohol server/seller
training program.
03/16/11 Grand Island Police Department 450
15:11 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 16:31:16 03/07/2011
Occurred before : 16:31:16 03/07/2011
When reported : 16:31:16 03/07/2011
Date disposition declared : 03/07/2011
Incident number : L11030838
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License Investigation
Incident address : 928 Concord Ave
State abbreviation : NE
ZIP Code : 68803
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received : T Telephone
Agency code : GIPD Grand Island Police Department
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number :
Geobase address ID : 34984
Long-term call ID :
Clearance Code : O Open Case
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------------
NM 29757 03/09/11 Friesen, Donald L Owner
NM 112438 03/09/11 Friesen, Lanette M Owner
NM 161877 03/09/11 Sam & Louie's NYP, Business
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT21 Restaurant
LAW INCIDENT NARRATIVE:
I Received a Copy of a Liquor License Application for Sam & Louies NYP and a
Copy of a Liquor Manager Application from Donald Friesen.
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
03/16/11 Grand Island Police Department 450
15:11 LAW INCIDENT TABLE Page: 2
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 10:01:07 03/09/2011
03/16/11 Grand Island Police Department 450
15:11 LAW INCIDENT TABLE Page: 3
318
Grand Island Police Department
Supplemental Report
Date, Time: Wed Mar 09 10:01:22 CST 2011
Reporting Officer: Vitera
Unit- CID
Donald and Lanette Friesen applied for a liquor license for Sam & Louie's NYP
back in November of 2010. They withdrew the application because Donald had an
assault conviction that would have automatically excluded them from getting a
license. On this application, there is a court order attached that sets aside
and nullifies Donald's assault conviction.
In the section of the application where it asks for criminal convictions,
Lanette Friesen disclosed "4-5" speeding tickets. Donald Disclosed "8 speeding
or traffic violations and 1 not having a dog tied up." He also disclosed two
separate "contributing to the delinquency of a child [non-alcohol]" charges.
I checked NCJIS and found that neither Lanette or Donald have any undisclosed
convictions. In fact, Donald only had two charges listed in NCJIS. One was the
assault conviction that was set aside, and the other was a contributing to the
delinquency of a minor charge that was dismissed by the prosecution. The
numerous traffic "convictions" he disclosed must not have been citations and
convictions, or they were too long ago to register.
While continuing to look at the application, I noticed that the Friesen's are
applying for a Class C License which includes "off sale." I thought it was
strange that a restaurant would apply for that type of license. I also noticed
that the Friesen's aren't borrowing any money to establish and/or operate the
business, yet Lanette signed up for unemployment benefits with an eligibility
period from 12/26/2010 through 12/24/2011. The last thing that stuck out to me
on the application was the question that asks whether anyone beside the
applicant will be entitled to share in the profits of the business. The yes and
no box were each checked.
On 3/16/11, I stopped by Sam & Louie's NYP in an attempt to talk to the
Friesen's. I was met by a restaurant manager who said that the Friesen's were
each working their other job. The manager was able to reach Donald by
telephone. He was in Kansas and was going to be there overnight. Donald
advised that he is a manager for Taco Bell, and "corporate" was doing an
inspection at one of the restaurants he oversees in Kansas. He said he had time
to speak with me over the phone about his liquor license application.
The first thing I asked him was why he was applying for a Class C License. He
advised that he later discovered that he doesn't need a Class C License and
actually meant to apply for a Class I License. He basically wants to sell beer
and wine "on sale" only. I then asked Donald if he and his wife had borrowed
any money to establish/run the business. He said that they had not. He said
they were able to make some money "flipping" some houses and also used their
credit cards.
Since they didn't have to borrow any money for the business, I asked Donald why
Lanette would apply for unemployment benefits. He said that she works at New
Holland, and they have mandatory shutdowns. He also said that initial profits
they make on their business will have to go back into the business and not as a
03/16/11 Grand Island Police Department 450
15:11 LAW INCIDENT TABLE Page: 4
salary for either of them. He said he would check to see if owning the business
(and possibly not getting paid from it for an unknown amount of time) is a
conflict with Lanette potentially receiving unemployment benefits. I also want
to note that according to NCJIS, Lanette has not received any benefits for the
current benefit period.
The last area of concern about profit sharing was addressed. Donald said the
wording of the question confused him because it said "applicant" instead of
"applicants." Donald advised that he and his wife are the only people sharing
the profits.
In summary, Donald was able to clarify questions I had about his application.
From a law enforcement perspective, there doesn't appear to be any reason that
the Friesen's shouldn't have a liquor license. The GIPD has no objection to Sam
& Louie's receiving a Class I Liquor License or to Donald Friesen becoming the
liquor manager for the business.
Item E2
Public Hearing on Request from Tom Ummel and Tommy Ummel
for a Conditional Use Permit for a Recycling Center Drop Off
Located at 1827 East 4th Street
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Council Agenda Memo
From: Craig Lewis, Building Department Director
Meeting: March 22, 2011
Subject: Request of Tom Ummel Sr. & Tom Ummel Jr.
Representing Heartland Disposal for Approval of a
Conditional Use Permit to Allow for the Operation of a
Recycling Center at 1827 East 4th Street -
Lot 1-5 Brodsky Industrial Empire Sub.
Item #’s: E-2 & H-1
Presenter(s): Craig Lewis, Building Department Director
Background
This request is for the approval of a Conditional Use permit to allow for the operation of
Recycling center at the property referenced above. A conditional use permit is required
by the City code as the property is currently zoned M-2 Heavy Manufacturing. That
zoning classification lists as a specified conditional use a salvage yard. The City code
defines salvage yards as any building, lot, yard or premise used for the collection,
processing, salvage, storage, bailing, or shipping of junked vehicles, vehicle parts, paper,
cardboard, glass, plastic, metals, rags, scrap materials, junk, or material similar to those
listed herein.
The operation of a recycling center would fall within the category of a salvage yard and is
required to receive approval of the City Council in the form of a conditional use permit.
Discussion
The request is for approval to operate a recycling facility in conjunction with the current
operation of Heartland Disposal. The current operation at 2403 W. Old Lincoln Highway
will relocate to this location due to the success of the recycling operation and out growing
the current site. Outside storage of material is not anticipated but may occur at high
volume times in a limited fashion. The City code sections 36-101 and 36-106 specifies
standards for industrial uses and physical appearance standards for salvage yards.
Section 36-106. Conditional Uses; Salvage Yards;
All salvage yards shall be subject to the following conditions as part of their
permitted conditional use:
(A) In addition to the information required pursuant to 36-88, an application for a
conditional use for a salvage yard shall include a site plan for the premises showing the
layout of the proposed operation, building and infrastructure locations, property
dimensions, drainage and landscaping.
(B) All structures located or constructed on the salvage yard premises shall
comply with the Grand Island City Code and all applicable building, electrical, plumbing,
and fire codes.
(C) All hazardous materials and regulated waste shall be received, stored, and
disposed of in accordance with state and federal laws and the rules and regulations of the
U.S. Environmental Protection Agency and the Nebraska Department of Environmental
Quality.
(D) All operations of a salvage yard, including those which are ancillary and
indirectly related to the salvage yard such as administration, parking, equipment and or
container storage shall be conducted on the premises subject to the permitted conditional
use.
(E) All premises on a salvage yard shall be kept and maintained in a clean and
orderly manner, using the best practices of the industry, with no loose garbage, litter,
refuse or waste materials on the premises except those kept in short term storage for
processing. The persons operating the salvage yard shall on a regular and routine basis
inspect all areas adjacent to the salvage yard and clean up any materials which originated
from the salvage yard.
(F) Physical Appearance: Salvage yards and other similar operations shall be
effectively enclosed or shielded from adjacent properties on all sides by means of a sight-
obscuring fe nce at lease eight (8) feet in height, in good repair, and constructed of
conventional fence materials and techniques as approved by the Chief Building Official.
No inventory or salvage materials of any nature may be stacked within fifty (50) feet of
the fence to a height greater than said fence.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request for the Conditional Use Permit finding that the proposed
application is and will continue to be in conformance with the purpose of the
zoning regulations. .
2. Disapprove or /Deny the Request, finding that the proposed application does
not conform to the purpose of the zoning regulation.
3. Approve the request with additional or revised conditions and a finding of
fact.
4. Refer the matter to a special committee for a determination of a finding of
fact.
Recommendation
Approve the request with the conditions identified in the staff memorandum and
articulated in the City Code, finding that the proposed use and application promotes the
health, safety, and general welfare of the community, protects property against blight and
depreciation, and is generally harmonious with the surrounding neighborhood.
Sample Motion
Move to approve the request for a conditional use permit with the conditions as identified
in the departmental memorandum, finding that the application conforms with the purpose
of the zoning regulations.
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Item E3
Public Hearing Concerning Acquisition of Utility Easement -
North of Swift's Wastewater Treatment Facility, east of the Plant -
Conagra Beef Company JBS USA, LLC
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: March 22, 2011
Subject: Acquisition of Utility Easement – North of Swift’s
Wastewater Treatment Facility, East of the Plant –
Conagra Beef Company JBS USA, LLC
Item #’s: E-3 & G-5
Presenter(s): Gary R. Mader, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of Conagra Beef Company JBS USA, LLC, located to the north of Swift’s new
wastewater treatment facility, east of the Plant, in the City Of Grand Island, Hall County,
in order to have access to install, upgrade, maintain, and repair power appurtenances,
including lines and transformers.
Discussion
JBS is constructing a new waste treatment facility on the far east side of their property.
That facility will require a new power line and transformer to provide electricity. The
easement will provide for the installation of a new underground electric cable and pad-
mounted transformer to serve the treatment facility.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Item G1
Approving Minutes of March 8, 2011 City Council Regular
Meeting
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
March 8, 2011
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on March 8, 2011. Notice of the meeting was given in The Grand Island Independent on
March 2, 2011.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert,
Mitch Nickerson, Linna Dee Donaldson, Scott Dugan, Randy Gard and John Gericke. The
following City Officials were present: Interim City Administrator/Finance Director Mary Lou
Brown, City Clerk RaNae Edwards, Interim City Attorney Jason Eley, Interim Public Works
Engineer Terry Brown, and Interim Public Works/Utilities Director Gary Mader.
INVOCATION was given by Pastor Matt Fowler, Faith United Methodist Church, 724 West 12th
Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council
members Reyna Raymundo, Alex Wirth, and Tyler Barrientos. Mayor mentioned several
legislative bills. Mentioned was Saturday, March 26, 2011 for City Administrator interviews
instead of a Council Retreat.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “Week of Kindness and Sole ” March 13-19, 2011. Mayor Vavricek proclaimed the
week of March 13-19, 2011 as “Week of Kindness and Sole”. Dr. Kent Mann commented on the
campaign to raise 35,000 pairs of shoes for those in need. The following High School students
were present for the presentation: Lara Bergdolt – Heartland Lutheran, Alex Wirth – Central
Catholic, and Miguel Baeza & Holly Johnson – Grand Island Senior High.
Proclamation “National Athletic Training Month” March, 2011. Mayor Vavricek proclaimed the
month of March 2011 as “National Athletic Training Month”. Todd Goshorn, Head Athletic
Trainer at Grand Island High School was present to receive the proclamation.
PUBLIC HEARINGS:
Public Hearing on Redevelopment Plan for Real Estate Located at 620 West State Street (Five
Points located along North Broadwell, North Eddy and West State Streets). Regional Planning
Director Chad Nabity reported that in 2007 the City Council declared property referred to as
CRA Area #6 as blighted and substandard and approved a generalized redevelopment for the
property located at 620 West State Street. The generalized redevelopment plan authorized the use
of Tax Increment Financing (TIF) for the acquisition of property, redevelopment of property, site
preparation including demolition, landscaping and parking. Wilmar Realty LLC (the developer)
had submitted a proposed amendment to the redevelopment plan that would provide for site
acquisition, demolition and construction of an exterior façade and interior remodeling of the
Skagway supermarket building together with additional parking lot expansion at the Five Points
Page 2, City Council Regular Meeting, March 8, 2011
location. Jim Phipps, 1809 West Anna Street spoke in support. No further public testimony was
heard.
ORDINANCES:
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title
on three different days are suspended and that ordinances numbered:
#9290 – Consideration of Vacation of a Portion of a Utility Easement Located Between
Sheridan Avenue and Orleans Drive, From 4th Street to 5th Street
#9291 – Consideration of Authorizing Series 2011 Public Safety Tax Anticipation
Refunding Bonds
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of these ordinances on second reading and then upon final
passage and call for a roll call vote on each reading and then upon final passage.”
Councilmember Nickerson second the motion. Upon roll call vote, all voted aye. Motion
adopted.
Interim Public Works Director Gary Mader reported that Ordinance #9290 would vacate the west
18’ of the 30’ utility easement located on Lots 20, 21 & 22 in Kallos Second Subdivision.
Bruce Lefler representing Ameritas reported that Ordinance #9291 would replace the Public
Safety Tax Anticipation Bonds, Series 2006 in a principal amount of $5,535,000.00.
Motion by Haase, second by Ramsey to approve Ordinances #9290 and #9291.
City Clerk: Ordinances #9290 and #9291 on first reading. All those in favor of the passage of
these ordinances on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion
adopted.
City Clerk: Ordinances #9290 and #9291 on final passage. All those in favor of the passage of
these ordinances on final passage, answer roll call vote. Upon roll call vote, all voted aye.
Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinances #9290 and #9291 are declared to be lawfully adopted upon publication as required by
law.
CONSENT AGENDA: Consent Agenda items G-13 and G-15 were removed for further
discussion. Motion by Gericke, second by Gard to approve the Consent Agenda excluding items
G-13 and G-15. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of February 22, 2011 City Council Regular Meeting.
Approving Minutes of March 1, 2011 City Council Study Session.
Page 3, City Council Regular Meeting, March 8, 2011
#2011-49 Approving Final Plat and Subdivision Agreement for Golden Age Third Subdivision.
It was noted that Hall County Housing Authority, owner, had submitted the Final Plat and
Subdivision Agreement for Golden Age Third Subdivision for the purpose of creating 2 lots on a
tract of land located west of White Avenue and north of 7th Street containing approximately
2.648 acres.
#2011-50 – Approving Renewal of Golf Pro Contract with Don Kruse.
#2011-51 – Approving Burlington Northern Santa Fe Crossing Permit for the 115 kV
Transmission Line to St. Libory.
#2011-52 – Approving Agreement for Marketing Services for WEC2 Energy between the City of
Grand Island and the Municipal Energy Agency of Nebraska (MEAN).
#2011-53 – Approving Revised Laredo Ridge Power Sales Agreement with the Nebraska Public
Power District (NPPD).
#2011-54 – Approving Bid Award for 115 kV Pole Inspection and Preservation Services with
Osmose Utilities Services, Inc. of Tyrone, Georgia in an Amount not to exceed $100,000.00.
#2011-55 – Approving Bid Award for Hot-Mix Asphalt for 2011 with Gary Smith Construction
Co. of Grand Island, Nebraska in an Amount of $44.85 per ton for Type “A” Asphaltic Concrete;
$42.85 per ton to Type “BC” Asphaltic Concrete; and $44.85 per ton for Type “C” Asphaltic
Concrete.
#2011-56 – Approving Bid Award for Concrete Ready-Mix for 2011 with Gerhold Concrete Co.,
Inc. of Grand Island, Nebraska in an Amount of $74.00 per cubic yard for Portland Cement
Concrete Ready-Mix.
#2011-57 – Approving Union Pacific Railroad Pipeline Crossing Agreement for Lift Station #7
Disaster Recovery Project Area (Grant Street to Arthur Street, between Oklahoma Avenue and
Phoenix Avenue) and a One-Time License Fee of $1,500.00.
#2011-58 – Approving Agreement for City Hall Copier Maintenance and Supplies with Capital
Business Systems, Inc./Modern Methods of Grand Island, Nebraska.
#2011-60 – Approving Redemption of Series 2006 Public Safety Tax Anticipation Bonds.
#2011-59 – Approving Vendor for Expert Service provider for Information Technology with
Duey’s Computer Service, Inc. of Lincoln, Nebraska in an Amount of $3,125.00 per month.
Finance Director Mary Lou Brown reported that as part of the 2011 budget process the
Information Technology division of Finance eliminated one full time position to provide funding
for the outsourcing of network administration support.
Motion by Dugan, second by Haase to approve Resolution #2011-59.
Discussion was held regarding a termination clause in the agreement. Interim City Attorney
Jason Ely stated that if the company did not live up to their end of the bargain the agreement
Page 4, City Council Regular Meeting, March 8, 2011
could be terminated. Discussed was had whether the agreement should have 30 or 60 days
included for the termination clause.
Motion by Haase, second by Carney to amend the motion and add a termination clause of 60
days. Upon roll call vote, Councilmembers Haase, Carney, Niemann, Ramsey, Gilbert,
Nickerson, Donaldson, Dugan, and Gericke voted aye. Councilmember Gard voted no. Motion
adopted.
Upon roll call vote of the main motion, all voted aye. Motion adopted.
#2011-61 – Approving Investment Advisory Agreement with Smith Hayes Advisers, Inc. of
Columbus, Nebraska. Finance Director Mary Lou Brown reported that Smith Hayes Advisers,
Inc. (Smith Hayes) currently served as the investment adviser for the backstop funds to the
pension obligations that were administered by Wells Fargo. The investment manager for the
account was formerly McCarthy Group Advisors which was acquired by Westwood Holdings
Group, Inc.
Smith Hayes informed the City that the current investment manager, Mr. Rod Cerny who had
transitioned to Westwood, would no longer manage the City’s account. If the account stayed
with Westwood, the assets would be moved into one of their money management programs
rather than being actively managed by Mr. Cerny. It was recommended that the City not move
our investments into Westwood’s money management program. It was recommended by staff to
direct Smith Hayes to oversee the accounts.
Discussion was held concerning additional fees. Ms. Brown stated there would not be any
additional costs. Comments were made concerning keeping out business local.
Motion by Gilbert, second by Niemann to approve Resolution #2011-61. Upon roll call vote, all
voted aye. Motion adopted.
RESOLUTIONS:
#2011-62 – Consideration of Approving Appointment of Public Works Director John Collins.
Mayor Vavricek submitted the appointment of John Collins for the City Engineer/Public Works
Director starting March 14, 2011.
Motion by Gilbert, second by Niemann to approve Resolution #2011-62. Upon roll call vote, all
voted aye. Motion adopted.
M. Collins thanked the Mayor and Council for the opportunity to serve the people of Grand
Island.
#2011-63 – Consideration of Approving Redevelopment Plan for Real Estate Located at 620
West State Street (Five Points located along North Broadwell, North Eddy and West State
Street). This item related to the aforementioned Public Hearing. Positive comments were made
by Council regarding the redevelopment.
Page 5, City Council Regular Meeting, March 8, 2011
Motion by Haase, second by Gard to approve Resolution #2011-63. Upon roll call vote, all voted
aye. Motion adopted.
#2011-64 – Consideration to Proceed with Closing the Union Pacific Railroad Crossing at Elm
Street. Interim Public Works Director Gary Mader reported that Phase I Quiet Zone project was
presented to the City Council on March 1, 2011. Installation of Wayside Horns at Elm
Street/Union Pacific Railr5oad (UPRR) Crossing was estimated to be $228,800. The Public
Works Engineering recommended closing the Elm Street crossing at UPRR instead of
constructing Wayside Horns for a savings of approximately $208,800.
Discussion was held regarding when the Elm Street crossing would be closed. Mr. Mader stated
possibly by the end of the year. The closing would coincide with the construction. Final closing
would come back to Council for approval.
Motion by Carney, second by Gericke to approve Resolution #2011-64. Upon roll call vote, all
voted aye.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Nickerson to approve the Claims for the period of February 23,
2011 through March 8, 2011, for a total amount of $2,587,712.22. Unanimously approved.
ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Niemann to adjourn to
Executive Session at 7:57 p.m. for the purpose of discussion concerning AFSCME, IAFF, FOP,
IBEW – Finance, WWTP and Service/Clerical union negotiations for the protection of the public
interest. Upon roll call vote, all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Gilbert, second by Ramsey to return to Regular
Session at 10:34 p.m. Upon roll call vote, all voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 10:34 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Minutes of March 15, 2011 City Council Study Session
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
March 15, 2011
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on
March 15, 2011. Notice of the meeting was given in the Grand Island Independent on March 9,
2011.
Mayor Jay Vavricek called the meeting to order at 6:00 p.m. The following Councilmember’s
were present: Chuck Haase, Larry Carney, Bob Niemann, Peg Gilbert, Mitch Nickerson, Linna
Dee Donaldson, Randy Gard, and John Gericke. Councilmember Scott Dugan and Kirk Ramsey
were absent. The following City Officials were present: Interim City Administrator/Finance
Director Mary Lou Brown, City Clerk RaNae Edwards, Interim City Attorney Jason Eley, and
Public Works Director John Collins.
INVOCATION was given by Councilmember Carney followed by the PLEDGE OF
ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council
members Sarah Ronne and board member Theresa Englehardt.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “Sunshine Week” March 13-19, 2011. Mayor Vavricek proclaimed the week of
March 13-19, 2011 as “Sunshine Week”. Don Smith representing The Grand Island Independent
was present to receive the proclamation and spoke concerning the importance of openness in
government.
OTHER ITEMS:
Presentation and Discussion Concerning Annexation. Regional Planning Director Chad Nabity
reported that annexation was the way cities grew. Cities were created to facilitate the
infrastructure necessary for people to live together in close proximity.
The reason to present annexation at this time were:
· To determine the annexation policy preferences of this City Council
· To give notice to property owners that the City may be considering annexation
· To give notice to the Grand Island and Northwest School Districts that the City may be
considering annexation
· To position the City for future growth
· To bring property that is developed near the City into the City Limits
· To allow the City to grow beyond the suburban development
· To provide for the extension of City Utilities (increase customer base)
Page 2, City Council Study Session, March 15, 2011
· To increase the sales and property tax base of the City Of Grand Island to equitably split
the cost of the benefits of being located near the City to everyone that benefits
Nebraska Statutes allow cities of the First Class to annex property that is adjacent to and
contiguous with the municipal limits of the city and that is not agricultural land that is rural in
nature. Mr. Nabity explained the process of annexation. Mentioned was the reason this was
brought forward at this time was because anything annexed before the end of August would
change the valuation/taxes for the School Districts.
Presented were 14 areas around the City of Grand Island that appeared to meet the qualification
of being adjacent and contiguous and not agricultural land that was rural in nature.
The following six areas were recommended for Council to consider annexation with nominal
upfront costs to the City:
Area Water Sewer
· Eagle Scout Park $100,000 $20,000,000
NE Interceptor
· Vanosdal Fields $180,000 $200,000
· Rainbow Lake Area $700,000
· 281 and Husker Highway
· North and Old Potash
· 13th and North
Discussion was he ld concerning the timeline to put in infrastructure. Mr. Nabity stated it would
depend on if districts were created.
The following County Industrial Parks were presented:
· Aurora Coop/Island Supply
· Platte Valley Construction
· Diamond Engineering
· Hornady
Discussion was held on the advantages of having a business in a County Industrial Park. Mr.
Nabity stated they don’t have to pay City sales tax. County Industrial tracts could be formed
today. Mentioned was that these tracts receive all the services of being in the City including EDC
funding. Police Chief Troy Hughes explained the service to Hornady since part of the building is
within the City Limits and part in the County Industrial tract.
Utilities Director Gary Mader answered questions concerning Eagle Scout area and extending
water service and the cost. The Utilities Department could handle the cost of $100,000 and
$180,000 with a few years planning. Oversized lines for future growth would be paid by the
water utility. Explained was the process of electric service to an annexed area that was served by
a Rural Electric service.
Page 3, City Council Study Session, March 15, 2011
Storm sewer, black top streets, and curb and gutter were mentioned. Impact fees were discussed.
Mr. Nabity stated we would not be able to use impact fees as it was not allowed by State
Statutes. Those communities that had Home Rule Charter were able to use an impact fee.
East Lakes area was reviewed. Mr. Nabity stated with the number of people in this area
(approximately 1,000) would affect the redistricting of the Council Wards. Mentioned was the
cost to the homeowners to connect to water. Fire Chief Troy Hughes stated the Fire Department
responded to the East Lakes only on EMS services through an Interlocal, but not fire services.
Mr. Nabity explained the process if a property owner requested annexation. If they were
contiguous to the City they could be annexed. Mentioned was that the Comprehensive Plan
included these areas as potential areas to be annexed.
Interim City Administrator Mary Lou Brown commented on the Councils part in setting policy
for City staff to move forward with annexation.
The following eight areas that were not recommended due to cost to the City were presented:
Area Water Sewer Electric
· Airport Road $ 260,000 NE Interceptor $150,000
· Webb Road NE Interceptor
· St. Paul Road $ 150,000 NE Interceptor
· East Lakes Area $2,700,000 NE Interceptor
· Bismark Road
· Wellfield Area No Estimate
· Schroeder Subdivision $ 780,000 $500,000
· Stolley and Engleman $ 140,000 $1,400,000
Councilmember Gard stated that Bismark Road was no cost to the City and should be included in
the annexation plan. Councilmember Gilbert commented on eventual expansion west to the
Cornhusker Industrial Plant and the need for that to be included in the plan.
Mr. Nabity stated he would bring a Resolution to Council for the March 22, 2011 meeting for
Council to identify which areas they wanted to move forward with annexation and a Resolution
to have Hall County look at the County Industrial Parks as per State Statutes.
ADJOURNMENT: The meeting was adjourned at 8:38 p.m.
RaNae Edwards
City Clerk
Item G3
#2011-65 - Approving Subordination Agreement for 322 East 10th
Street
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Barbara Quandt
City of Grand Island City Council
Council Agenda Memo
From: Barbara Quandt, Community Development
Council Meeting: March 22, 2011
Subject: Subordination Agreement for 322 East 10th Street
Item #’s: G-3
Presenter(s): Barbara Quandt
Community Development Administrator
Background
The City of Grand Island has a Deed of Trust filed on property owned by Rafael Esquivel
and Cecilia Esquivel located at 322 East 10th Street, in the amount of $13,900. On
November 22, 2004, Community Development Block Grant funds in the amount of
$13,900 were loaned to Rafael Esquivel and Cecilia Esquivel, Husband and Wife, for
down payment assistance for purchase of a home in the Community Development Block
Grant program. The legal description is:
Lot One (1), H. A. Subdivision in the City of Grand Island, Hall County,
Nebraska.
The owner is requesting permission from the City to subordinate to a new mortgage
amount and accept second position to the first mortgage. The City is in second position
with the current mortgage, and Wells Fargo Bank, N.A. is in senior position. The owner
is refinancing the current mortgage for a better rate/term and Wells Fargo requests first
position remain with them.
Discussion
The City’s current Deed of Trust is junior in priority to a Deed of Trust to Wells Fargo
Bank N.A. in the amount of $57,211.00, which has a balance of $42,316.87. A new lien
in the amount of $45,450.00 with Wells Fargo Bank, N.A. would replace the senior Deed
of Trust. By law, the new Deed of Trust would be junior in priority to the City’s lien;
however, the Wells Fargo Bank, N.A., has asked the City to subordinate its Deed of Trust
to the new Deed of Trust.
The new appraised value of the property is $72,000.00 and is sufficient to secure the first
mortgage of $45,450.00 and the City’s mortgage of $13,900.00. This new Deed of Trust
would accommodate the “Rate-Term Refinance” which would reduce the annual interest
rate from 5.875% for 30 years to 4.5% for 15 years with a very minimal increase in the
monthly payment. The City’s loan of $13,900.00 will be forgiven if the original owners
of the property (Rafael and Cecilia Esquivel) reside in the house for a period of 10 years
from the date the lien was filed, which was November 23, 2004. The lien amount
decreases 10% per year and has a current balance of $5097.00.
ALTERNATIVES
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the Subordination Agreement
2. Refer the issue to a Committee
3. Postpone the issue to a later date
4. Take no action on the issue
RECOMMENDATION
City Administration recommends that the Council approves the Subordination Agreement
with Wells Fargo Bank, N.A., placing the City in the junior position to the new Deed of
Trust.
Sample Motion
Move to recommend approval of the Subordination Agreement with Wells Fargo Bank,
N.A., placing the City in the junior position to the new Deed of Trust.
SUBORDINATION AGREEMENT
COMES NOW the City of Grand Island, Nebraska, secured party/beneficiary and hereby
partially subordinates its trust deed/real estate lien recorded November 23, 2004 on the
following described real estate:
Lot One (1), H.A. Subdivision, in the City of Grand Island, Hall County, Nebraska,
a/k/a 322 E. 10th Street
It is the intent of this Agreement that the trust deed for amounts loaned by Wells Fargo
Bank, N.A. to Rafael Esquivel and Cecilia Esquivel (Borrowers) that has been or is about to be
filed, shall be superior to the trust deed/real estate lien of the City of Grand Island, its
successors and assigns recorded November 23, 2004, up to the amount of $45,450.00 plus
interest and amounts advanced to protect the collateral. Thereafter, the City of Grand Island’s
lien shall have priority. It is further understood that this subordination shall include all current
obligations, extensions, renewals, advances or modifications made by the City of Grand Island,
Nebraska to Borrowers which is secured by the trust deed/real estate lien recorded November
23, 2004 as Document Number 0200411385 in the records of the Register of Deeds of Hall
County, Nebraska. Nothing in this Subordination Agreement is intended as a promise to
provide financing or make advances to Borrowers by the City of Grand Island, Nebraska and it
is not the intention of the City of Grand Island, Nebraska to warrant or guarantee the obligations
of Borrowers but merely to partially subordinate its lien interests under the instrument recorded
at Document Number 0200411385. It is understood that Wells Fargo Bank, N.A. intends to lend
funds to Borrowers but that the subordinated amount is not to exceed $45,450.00 plus interest
and amounts advanced to protect the collateral.
Nothing in this instrument is intended to relieve Borrowers of their obligation to the City
of Grand Island, Nebraska or to subordinate any other lien interests including, but not limited to,
real estate taxes and special assessments.
Dated: __________________ City of Grand Island, Nebraska
By_____________________________________
STATE OF NEBRASKA ) Jay Vavricek, Mayor
)ss.
COUNTY OF HALL )
The foregoing instrument was acknowledged before me on ______________________,
2011, by Jay Vavricek, Mayor of the City of Grand Island, Nebraska.
______________________________
Notary Public
SUBSTITUTION OF TRUSTEE
Jason Eley, attorney at law, is hereby appointed successor trustee under the trust deed executed by Rafael
Esquivel and Cecilia Esquivel as Trustors, in which the City of Grand Island is named Beneficiary and
Doug Walker, Grand Island City Attorney, as Trustee, and filed for record November 23, 2004 and
recorded as Instrument No. 0200411385 in the office of the Register of Deeds of Hall County, Nebraska.
The trust property affected is legally described as follows:
Lot One (1), H. A. Subdivision in the City Of Grand Island, Hall County, Nebraska.
Beneficiary also requests reconveyance.
_______________________________
Jay Vavricek, Mayor
STATE OF NEBRASKA )
) ss.
COUNTY OF HALL )
On this ______ day of ____________________, 2011, before me, the undersigned , a General
Notary Public, duly commissioned and qualified, personally came Jay Vavricek, Mayor, and
acknowledged the execution of this substitution to be his voluntary act and deed on behalf of the
Beneficiary.
WITNESS my hand and notary seal the day and year last above written.
__________________________
Notary Public
Approved as to Form ¤ ___________
March 18, 2011 ¤ City Attorney
R E S O L U T I O N 2011-65
WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust
dated November 22, 2004 and recorded on November 23, 2004, as Instrument No.0200411385, in the
amount of $13,900.00, secured by property located at 322 E. 10th Street and owned by Rafael Esquivel
and Cecilia Esquivel, husband and wife, said property being described as follows:
Lot One (1), H. A. Subdivision, in the City of Grand Island, Hall County, Nebraska.
WHEREAS, Rafael Esquivel and Cecilia Esquivel wish to execute a Deed of Trust and
Note in the amount of $45,450.00 with Wells Fargo Bank, N.A., to be secured by the above-described
real estate conditioned upon the City subordinating its Deed of Trust to their lien priority; and
WHEREAS, the value of the above-described real estate is sufficient to adequately secure
both loans.
WHEREAS, the requested subordination of the City's lien priority is in the best interests of
all parties.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to
execute an agreement subordinating the lien priority of the above described Deeds of Trust from Rafael
Esquivel and Cecilia Esquivel, husband and wife, to the City of Grand Island, as beneficiary to that of the
new loan and Deed of Trust of Wells Fargo Bank, N.A., Beneficiary, as more particularly set out in the
subordination agreement.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G4
#2011-66 - Approving Bid Award for Concrete Pavement and
Storm Sewer Repairs for 2011
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Scott Johnson, Street Superintendent
Meeting: March 22, 2011
Subject: Approving Bid Award for Concrete Pavement and Storm
Sewer Repairs for 2011
Item #’s: G-4
Presenter(s): John Collins, Public Works Director
Background
On February 18, 2011 the Streets Division of the Public Works Department advertised for
bids for concrete pavement and storm sewer repairs for the calendar year 2011. The
contracted concrete pavement and storm sewer work supplements the repair work that is
performed by the City’s patching crews.
Discussion
Two (2) bids were received and opened on March 9, 2011. All bids were submitted in
compliance with the contract, plans, and specifications with no exceptions. A summary of
the bids is shown below.
Vendor Exceptions Total Bid
O.K. Paving of Hordville, NE None $662,780.00
The Diamond Engineering Co. of Grand Island, NE None $763,894.00
There are sufficient funds in Account No. 10033506-85351 (Concrete Repair),
10033504-85318 (Storm Sewer Repair), and 10033503-85318 (Curb & Gutter) to fund
this contract. This is a calendar year contract that extends beyond the current fiscal year.
In the event that funds become unavailable in the fiscal year 2010/2011, the scope of
work for this contract will be scaled down accordingly.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
Public Works Administration recommends that the Council approve awarding the
contract to O.K. Paving, Inc. of Hordville, Nebraska for the amount of $662,780.00
Sample Motion
Move to approve the bid award.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: March 9, 2011 at 2:00 p.m.
FOR: Concrete Pavement and Storm Sewer Repair 2011
DEPARTMENT: Public Works
ESTIMATE: $800,000.00
FUND/ACCOUNT: 10033506-85351
10033504-85318
10033503-85318
PUBLICATION DATE: February 18, 2011
NO. POTENTIAL BIDDERS: 6
SUMMARY
Bidder: Diamond Engineering Co. OK Paving, Inc.
Grand Island, NE Hordville, NE
Bid Security: Universal Surety Company $33,139.00
Exceptions: None None
Bid Price: $763,894.00 $662,780.00
cc: Gary Mader, Interim Public Works Director Catrina DeLosh, PW Admin. Assist.
Jason Eley, Purchasing Agent Scott Johnson, Street Superintendent
Mary Lou Brown, Interim City Administrator
P1467
Approved as to Form ¤ ___________
March 18, 2011 ¤ City Attorney
R E S O L U T I O N 2011-66
WHEREAS, the City of Grand Island invited sealed bids for Concrete Pavement
and Storm Sewer Repairs 2011, according to plans and specifications on file with the Streets
Division of the Public Works Department; and
WHEREAS, on March 9, 2011, bids were received, opened and reviewed; and
WHEREAS, OK Paving of Hordville, Nebraska submitted a bid in accordance
with the terms of the advertisement of bids and plans and specifications and all other statutory
requirements contained therein, such bid being in the amount of $662,780.00; and
WHEREAS, OK Paving’s bid is less than the estimate for such project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of OK Paving of Hordville,
Nebraska, in the amount of $662,780.00 for Concrete Pavement and Storm Sewer Repairs 2011
is hereby approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that a contract for such project between the City
and such contractor be entered into, and the Mayor is hereby authorized and directed to execute
such contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2011-67 - Approving Acquisition of Utility Easement - North of
Swift's Wastewater Treatment Facility, east of the Plant - Conagra
Beef Company JBS USA, LLC
This item relates to the aforementioned Public Hearing item E-3.
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
March 18, 2011 ¤ City Attorney
R E S O L U T I O N 2011-67
WHEREAS, a public utility easement is required by the City of Grand Island, from
Conagra Beef Company JBS USA, LLC, to survey, construct, inspect, maintain, repair, replace, relocate,
extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers;
and;
WHEREAS, a public hearing was held on March 22, 2011, for the purpose of discussing
the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and
more particularly described as follows:
described as follows:
Commencing at the southwest corner of Lot Sixty Three (63), Industrial Addition to the
City of Grand Island; thence northerly along the westerly line of said Lot Sixty Three (63),
a distance of one hundred thirty nine (139.0) to the ACTUAL Point of Beginning; thence
deflecting right 83°11’52” and running northeasterly, a distance of four hundred nineteen
(419.0) feet.
The above-described easement and right-of-way containing a total of 0.19 acres, more or
less, as shown on the plat dated 2/25/2011, marked Exhibit "A" attached hereto and
incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from Conagra Beef Company JBS USA, LLC, on the above-
described tracts of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2011-68 - Approving Change Order #1 - Water Main District
456T - Engleman Road and Old Potash Hwy.
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Jason Eley, Interim City Attorney
Meeting: March 22, 2011
Subject: Water Main District 456T – Engleman Road and Old
Potash Highway – Change Order #1
Item #’s: G-6
Presenter(s): Gary R. Mader, Utilities Director
Background
The referenced water main district is located in the westerly part of the City of Grand
Island. The project will extend the main in Old Potash Highway westerly approximately
600 feet to Engleman Road, then northerly for one mile to the existing water main in 13th
Street. When completed, the project will provide improved water flows, pressures, and
redundancy to the northwest area of the City. A location site map is attached for
reference. Diamond Engineering, of Grand Island, was the successful bidder for this
project.
The current contract amount is $497,326.50. The contractor proposes a change to the size
of the water line casing to be installed under Old Potash Highway. The Change Order
would decrease the amount of the contract by $657.00. The new contract amount would
be $496,669.50.
Discussion
The originally specified casing was a 32” diameter x 0.500” thick steel casing. This
sizing is from the Grand Island Specifications Division VI, Section 35.02 and Standard
Plan 141A.
Diamond Engineering is proposing to use instead a 30” diameter x 0.368” steel casing.
That size is an industry standard diameter and more readily available. It will meet the
specified clearance requirements between the casing and the new water line. The
proposed replacement casing wall thickness exceeds the minimum wall thickness
specified by the Nebraska Department of Roads for pipelines crossing highways, and the
proposed replacement casing also complies with all other terms of the specifications
including minimum yield and tensile strength, and inside and outside protective coatings.
Attached for reference are copies of Diamond Engineering’s letter of request, their
subcontractor’s letter of material certification, and copies of the Nebraska Department of
Roads – Policy for Accommodating Utilities on State Highway Right-of-Way;
Construction of Pipelines, Section V.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order #1 with the
Diamond Engineering Company, reducing the original cont ract award amount of
$497,326.50 to $496,669.50, which would reduce the contract in the amount of $657.00.
Sample Motion
Move to approve Change Order #1 with the Diamond Engineering Company to allow use
of the proposed replacement casing and to reduce the contract amount by $657.00.
CHANGE ORDER #1
TO: The Diamond Engineering Company
1521 West Anna Street
PO Box 1327
Grand Island, NE 68802-1327
PROJECT: Water Main District 456T
Old Potash Highway and Engleman Road
You are hereby directed to make the following change in your contract:
1. Amend Contractor’s Bid, Page C-1, Item C.1.01 – 32” Dia. x 0.500 Steel
Casing x 73.0 L.F. x $383.10/FT for a total price of $27,966.30; and replace
with 30” Dia. x 0.368” Steel Casing x 73.0 L.F. x $374.10/FT for a total price of
$27,309.30, or a deduction of $657.00.
ORIGINAL CONTRACT AMOUNT $497,326.50
Change Order #1 $ 657.00
AMENDED CONTRACT AMOUNT $496,669.50
Approval and acceptance of this Change Order acknowledges understanding and
agreement that the original contract amount of $497,326.50 will be reduced by
$657.00 for an amended contract amount of $496,669.50. Additional claims will not
be considered.
APPROVED: CITY OF GRAND ISLAND
By: Date: Mayor
Attest: Approved as to Form, City Attorney
ACCEPTED: THE DIAMOND ENGINEERING COMPANY
By: Date:
Approved as to Form ¤ ___________
March 18, 2011 ¤ City Attorney
R E S O L U T I O N 2011-68
WHEREAS, the Diamond Engineering Company of Grand Island, Nebraska, was awarded
the contract for Water Main District 456T, Engleman Road and Old Potash Highway, at the November 23,
2010 City Council meeting in the amount of $497,326.50; and
WHEREAS, Diamond Engineering is proposing to use a different size steel casing that is an
industry standard and more readily available than the specified casing; and
WHEREAS, the proposed replacement casing would result in a net contract price decrease
of $657.00; and
WHEAREAS, Change Order #1 was prepared for the final construction contract
adjustment, resulting in a final contract amount of $496,669.50.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with the Diamond Engineering
Company of Grand Island, Nebraska resulting in a final contract price of $496,669.50, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2011-69 - Approving Bid Award - Boiler Fan Motor
Refurbishment at Platte Generating Station
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Jason Eley, Interim City Attorney
Meeting: March 22, 2011
Subject: Boiler Fan Motor Refurbishment
Item #’s: G-7
Presenter(s): Gary R. Mader, Utilities Director
Background
The two original motors for the Boiler Draft Fans at Platte Generating Station are over 30
years old and were replaced in October, 2010, with new motors at a cost of $350,000.
These fan motors are critical to unit operation. Should either of the motors fail, the power
plant would not operate. Delivery times for new motors are several months. Therefore,
the original motors are planned to be retained as spares. They were sent to a repair center
for inspection, where the repairs required to refurbish the motors to “as-new”
specifications were determined. Based on the inspection results, specifications were
developed by plant staff for motor refurbishment and issued in accordance with City
purchasing procedures.
Discussion
The specifications for the Boiler Fan Motor Refurbishment were advertised and issued
for bid in accordance with the City Purchasing Code. Bids were publicly opened on
March 8, 2011. Specifications were sent to seven potential bidders. Responses were
received as listed below. The engineer’s estimate for this project was $120,000.00.
Bidder Bid Price
Siemens Industry $ 34,113.74
Illinois Electric Works $ 92,125.00
The bids were reviewed by plant engineering staff. The bid from Siemens did not include
the specified rewinding of the induced draft fan motor and was therefore deemed
noncompliant with the specifications. The bid from Illinois Electric Works is compliant
with specifications and less than the engineer’s estimate.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council award the Contract for Boiler Fan
Motor Refurbishment to Illinois Electric Works of Granite City, Illinois, as the low
responsive bidder, with the bid price of $92,125.00.
Sample Motion
Move to approve the bid of $92,125.00 from Illinois Electric Works for the Boiler Fan
Motor Refurbishment as submitted.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: March 8, 2011 at 2:00 p.m.
FOR: Boiler Fan Motor Refurbishment 2011
DEPARTMENT: Utilities
ESTIMATE: $120,000
FUND/ACCOUNT: 520
PUBLICATION DATE: February 17, 2011
NO. POTENTIAL BIDDERS: 7
SUMMARY
Bidder: Illinois Electric Works Siemens
Granite City, IL Kansas City, MO
Bid Security: $4,606.25 Federal Insurance Company
Exceptions: Noted Noted
Bid Price:
Material: $37,500.00 $ Included
Labor: $52,000.00 $31,882.00
Sales Tax: $ 2,625.00 $ 2,231.74
Total Bid: $92,125.00 $34,113.74
cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director
Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist.
Mary Lou Brown, Interim City Administrator Tim Luchsinger, Assist. Utilities Director
P1466
Approved as to Form ¤ ___________
March 18, 2011 ¤ City Attorney
R E S O L U T I O N 2011-69
WHEREAS, the City of Grand Island invited sealed bids for Boiler Fan Motor
Refurbishment at Platte Generating Station, according to plans and specifications on file with the Utilities
Department; and
WHEREAS, on March 8, 2011, bids were received, opened and reviewed; and
WHEREAS, Illinois Electric Works of Granite City, Illinois, submitted a bid in accordance
with the terms of the advertisement of bids and plans and specifications and all other statutory requirements
contained therein, such bid being in the amount of $92,125.00; and
WHEREAS, the bid of Illinois Electric Works is less than the estimate for the Boiler Fan
Motor Refurbishment.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Illinois Electric Works of Granite City,
Illinois, in the amount of $92,125.00 for Boiler Fan Refurbishment is hereby approved as the lowest
responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2011-70 - Approving Request that Hall County Review the
County Industrial Tracts within the City Limits
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP
Meeting: March 22, 2011
Subject: County Industrial Tract Resolution
Item #’s: G-8
Presenter(s): Chad Nabity, AICP
Background
In 1957 the State of Nebraska allowed for the creation of County Industrial Tracts near
municipalities for the purpose of encouraging industrial development. Under the original
law it was not possible for cities to annex property designated as a County Industrial
Tract as long as the property was used for industrial purposes. Nebraska Statute §13-1111
identifies those allowed uses:
13-1111. Terms, defined; application for designation; exceptions.
As used in sections 13-1111 to 13-1120, unless the context otherwise requires: (1)
Industrial area shall mean a tract of land used or reserved for the location of
industry, except that such land may be used for agricultural purposes until the use
is converted for the location of industry as set forth in sections 13-1111 to 13-
1120; and (2) industry shall mean (a) any enterprise whose primary function is to
manufacture, process, assemble, or blend any agricultural, manufactured, mineral,
or chemical products; (b) any enterprise that has as its primary function that of
storing, warehousing, or distributing, and specifically exc luding those operations
whose primary function is to directly sell to the general public; or (c) any
enterprise whose primary function is research in connection with any of the
foregoing, or primarily exists for the purpose of developing new products or new
processes, or improving existing products or known processes. The owner or
owners of any contiguous tract of real estate containing twenty acres or more, no
part of which is within the boundaries of any incorporated city or village, except
cities of the metropolitan or primary class, may file or cause to be filed with the
county clerk of the county in which the greater portion of such real estate is
situated if situated in more than one county, an application requesting the county
board of such county to designate such contiguous tract as an industrial area.
Two County Industrial Tract Areas were approved by Hall County in 1958. The first is an
area near Adams Street and Anna Street; the remaining portions of this area include the
property where Diamond Engineering, Platte Valley Construction, Aurora Coop and
Island Supply are located. The second area includes the location of Hornady
Manufacturing at Old Potash Highway and Claude Road.
Statutes were amended to include §13-1121 so that beginning in 1980 counties could
review County Industrial Tracts for compliance with §13-1111 or that cities could request
that counties conduct this review in March of even numbered years.
13-1121. Designation; review by county board; notice; hearing; removal of
designation.
Beginning in 1980 and every even-numbered year thereafter during the month of
March, the appropriate county board may, of its own volition or shall, at the
request of the municipal governing body having zoning jurisdiction over the
designated industrial tract, review any or all industrial areas in its jurisdiction.
When the review is at the request of the municipal governing body having zoning
jurisdiction over the designated industrial tract, the county board shall notify such
municipal governing body of the date, time, and location of the review. If the
county board determines during the review that there is a problem with the
industrial area designation of any tract, or a portion of such tract, the county board
shall give notice of a hearing by registered or certified mail to the owners of the
tract, or a portion of such tract, if such owners are known, within ninety days prior
to the hearing, and if the owners are not known or cannot be located, then by
publishing a notice three successive weeks in some newspaper published and of
general circulation in the county or counties in which the real estate is located,
and if no newspaper is published in the county, such notice shall be published in
some newspaper having a general circulation in such county. If after the hearing
the county board finds that the industrial area or a portion thereof is no longer
suitable for industrial purposes, or is being used for nonindustrial enterprises, or
has had no improvements or industrial buildings thereon within seven years from
the date of original industrial designation, or is not in compliance with the zoning
ordinances of any city or village exercising zoning control of it, or is not platted in
accordance with such zoning ordinances or is no longer in compliance with the
definition of industry as set forth in section 13-1111, such county board shall
remove the designation of industrial area from such tract or portion of such tract.
Any tract or portion of such tract used or reserved for industry prior to August 24,
1979, shall not be removed from the industrial area designation against the wishes
of its owners as long as the use of such tract or portion continues to be in
compliance with the definition of industry as set forth in section 13-1111. A
certified copy of suc h order shall be filed with the register of deeds and the county
assessor of the county or counties in which the real estate is located.
It is not known if Hall County has ever conducted such a review. The next time that Hall
County can conduct this revie w is in March of 2012.
Discussion
The City does not have any authority to annex these properties but can request that Hall
County review the uses in the County Industrial Tracts to confirm that they are still
consistent with the intent of the law. If the County finds that the uses are not consistent
they are required to hold a hearing, make finding and if they find that the property is not
being used in a manner consistent with §13-1111 remove the County Industrial Tract
designation. At that point the property becomes eligible for annexation.
The attached resolution is a formal request from the City of Grand Island asking Hall
County to conduct this review in March of 2012.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution and identify in
the motion or motions which areas staff should concentrate on when preparing
annexation plan and recommendations.
Sample Motion
Move to approve Resolution #2011-70 requesting that Hall County review the County
Industrial Tracts adjacent to the City of Grand Island in March of 2012.
Approved as to Form ¤ ___________
March 18, 2011 ¤ City Attorney
R E S O L U T I O N 2011-70
WHEREAS, there are four areas within the City of Grand Island that have been designated
by Hall County as County Industrial Tracts; and
WHEREAS, all four of these County Industrial Tract areas are surrounded by the municipal
limits of the City of Grand Island; and
WHEREAS, the City of Grand Island desires to provide municipal services throughout the
City in an efficient and cost effective manner; and
WHEREAS, these County Industrial Tracts are holes in the middle of the city that may
cause confusion about who is responsible for providing services; and
WHEREAS, the Nebraska Revised State Statutes §13-1121 gives the City the authority to
request that Hall County review these County Industrial Tracts to insure that they comply with the use
limitation as defined in§13-1111 in March of even numbered years, and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, do hereby request that Hall County conduct a review of
the four areas designated as county industrial tracts as shown on the attached map to determine if they
should still qualify as county industrial tracts in March of 2012.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
- 2 -
Item G9
#2011-71 - Approving Physio-Control Monitors Maintenance
Contract
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Troy Hughes
City of Grand Island City Council
Council Agenda Memo
From: EMS Division Chief Russ Blackburn
Meeting: March 22, 2011
Subject: Physio -Control Monitors Maintenance Contract
Item #’s: G-9
Presenter(s): EMS Division Chief Russ Blackburn
Background
On the July 10, 2007 City Council Meeting, the City entered into an agreement with
Physio Control for a 5-year agreement for service of the Grand Island Fire Department
heart monitors. The contract covered monitors not still under warranty, and eliminated
annual increases for this service by commiting to a five year agreement.
We updated the maintenance contract in January 2011 to include 4 monitors purchased
last year. We have found that 2 other monitors had been omitted from the maintenance
contract. This contract update ensures that all (14) Physio Control cardiac monitors are
covered by the maintenance contract.
Discussion
The Life-Pak 12 Cardiac monitor allows the Fire Department's EM Ts to defibrillate a
patient's heart, that has stopped beating, as an Automatic External Defibrillator. The Life-
Pak 12 allows our paramedics to see the cardiac rhythm in 3 lead or 12 lead format, get
pulse oxygenation readings, monitor end tidal CO2 levels, take automated blood
pressures, mark time during treatment, record events during cardiopulmonary resusitation
efforts, and manually defibrillate patients. These monitors can be a great help in quality
patient care.
Having the monitors inspected annually and repaired when needed reduces the City of
Grand Island's liability for the performance of these monitors. Repairs are done at no
additional cost, saving the City money over the duration of the contract. We currently
have a monitor in for replacement of a printer at an estimated cost of $1,200.00. When a
monitor needs repairs Physio sends a replacement monitor to use while the repairs are
completed, not reducing our available assets.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the contract addendum as
submitted.
Sample Motion
Motion to approve the contract addendum with Physio Control as submitted.
Approved as to Form ¤ ___________
March 18, 2011 ¤ City Attorney
R E S O L U T I O N 2011-71
WHEREAS, the City of Grand Island Fire Department utilizes twelve LifePak-12 cardiac
monitors, four of which are not currently covered by warranty or service agreement; and
WHEREAS, the Fire Department has entered into a five year contract for the previous eight
monitors, and will be adding four additional monitors for the remaining term of the contract; and
WHEREAS, this proposed service support agreement between the City of Grand Island
and Physio Control for such purposes has been previously reviewed by the City Attorney’s office
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA,
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to sign
such agreements on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2011-72 - Approving Renewal of Leases at Cornhusker Army
Ammunition Plant for Storage Buildings
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks & Recreation Director
Meeting: March 22, 2011
Subject: Approving Renewal of Leases at the Cornhusker Army
Ammunition Plant for Storage Buildings.
Item #’s: G-10
Presenter(s): Steve Paustian, Parks & Recreation Director
Background
On May 22, 2001, City Council approved the leasing of several buildings at the former
Cornhusker Army Ammunition Plant pursuant to the provisions of Resolution 2001-132.
The resolution that is presented for Council consideration would authorize the City
Council to renew the lease on Building’s No. A-11, A-12 and A-30 located on City
property at the former Cornhusker Army Ammunition Plant.
Discussion
The City purchased property at the former Cornhusker Army Ammunition Pla nt that had
several buildings on it. The City has been leasing these buildings to Dominion
Construction, Jerry Harders and the Nebraska State Patrol to obtain revenue and utilize
these assets. There have not been any problems with damage to the property or with non
payment of rent. City Parks & Recreation Department officials are recommending that
the Council extend the leases for two years.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution authorizing the
extension of the leases for an additional two years.
Sample Motion
Move to approve the resolution authorizing the City to extend the leases for an additional
two years to Dominion Construction Company in the amount of $2,900.00 per year, Jerry
Harders in the amount of $900.00 per year and the Nebraska State Patrol in the amount of
$750.00 per year.
BUILDING LEASE
THIS LEASE is made and entered into on this ____ day of _______________, 2011, by
and between the CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, herein
referred to as “City” and DOMINION CONSTRUCTION COMPANY, a Corporation, herein
referred to as “Lessee”.
1. STATEMENT PURPOSE. This Building Lease is made for the purpose of
leasing to the Lessee the property identified as Building No. A-11, on the former Cornhusker
Army Ammunition Plant (CHAAP), 2663 Alda Road South, Alda, Nebraska 68801, containing
8,000 square feet, more or less, together with three (3) concrete parking pads to the front, side
and rear of the building, herein after referred to as “premises”, for inert storage purposes only.
2. TERM OF LEASE. The term of this Building Lease is for a period of two years
beginning on May 1, 2011, and ending on April 30, 2013, subject to the revocation and renewal
provisions set forth hereafter.
3. CONSIDERATION. The Lessor shall pay the City rental in advance of the initial
term, and any renewal terms, in the amount of Two Thousand Nine Hundred and No/100 Dollars
($2,900.00 per year), payable to the order of The City of Grand Island, Finance Department, P.O.
Box 1968, Grand Island, Nebraska, 68802. In the event the Lessee fails or refuses for any reason
to pay the foregoing rentals in advance, this Building Lease shall be considered void.
4. CONDITION OF PREMISES. Lessee acknowledges that it has inspected the
premises described in paragraph 1 above, knows its condition, and understands the same is
leased without any representations or warranties whatsoever and without obligation on the part
of the City to make any alterations, repairs or additions thereto. The Lessee shall surrender the
premises to the City at the end of the term, or any renewal term, in the same condition as the
premises were at the commencement of the initial lease term, normal wear and deterioration
excepted. Any portion of the premises damaged by the Lessee must be either replaced or restored
to the condition existing at the commencement of the initial lease term or the Lessee shall pay to
the City an amount equal to the cost of repair or replacement of the damaged property,
whichever is less.
5. UTILITIES AND INSURANCE. During the initial term, or any renewal term, of this
Building Lease, the Lessee shall pay all utility costs for services on the premises and shall
maintain liability insurance in the amount of not less than a combined single limit of
$100,000.00 coverage for the leased premises. The Lessee shall provide the City with a copy of a
Certificate of Insurance evidencing the required coverage, which certificate shall state that the
City will be given 30 days written notice of any cancellation or change in such insurance.
2
6. RIGHT TO ENTER PREMISES. The City reserves the right to enter the premises at
any time for any purpose necessary or convenient in connection with government and Lessor
purposes, including but not limited to making inspections, removing debris, making repairs or
performing maintenance. The Lessee shall have no claim for damages on account of such entry
against the City or its officials, officers, employees, agents or representatives.
7. INDEMNIFICATION OF CITY. The City shall not be responsible for damages to
property or injuries to persons which may arise from or be incident to the exercise of the
privileges herein granted or for damages to the property of the Lessee, its officers, employees,
agents, or others who may be on the premises at their invitation. The Lessee shall hold the City
harmless from any and all claims, causes of action, or damages of any nature due to the
negligence of the Lessee, its officers, employees, agents, contractors, invitees or licensees.
8. PROHIBITED USES. The Lessee shall not construct or place any structure,
improvement, advertising sign, or make any modification to the premises or allow or permit such
construction, placement, or modification without prior written approval of the City. The Lessee
shall not conduct or allow to be conducted any illegal or prohibited activity on the premises and
specifically shall not conduct or allow to be conducted any activities which violate any of the
environmental laws, regulations, rules, or other regulatory measures of the United States
Environmental Protection Agency (USEPA) or Nebraska Department of Environmental Quality
(NDEQ). The Lessee shall be responsible for and hold the City harmless from all claims, costs,
penalties, or any other consequences associated with violations of environmental laws.
Routine servicing of vehicles and equipment on the premises is prohibited, including
fueling, adding or changing lubricants. Only emergency servicing which is necessary to start a
vehicle or equipment shall be permitted. Necessary measures shall be taken to clean up any
petroleum products or fluids which leak from vehicles or equipment.
9. TAXES. Any and all taxes imposed by the State of Nebraska or its political
subdivisions upon the premises shall, except real estate taxes, shall be paid promptly by the
Lessee. In the event the premises owned by the City are made taxable by state or local
governments, the lease shall be renegotiated to adjust the consideration in an amount sufficient to
reimburse the City for said tax liability.
10. LESSEE’S MAINTENANCE RESPONSIBILITIES. The Lessee shall maintain
Building No. A-11 to prevent deterioration of the structure. All openings shall be closed in order
to keep out birds and other animals. The Lessee shall maintain and prevent the loss of gravel
from the parking areas off the concrete parking pads and maintain proper drainage to prevent
erosion. Lessee shall maintain all grassed areas located on the premises and shall control noxious
weeds by mowing, spraying, hand grubbing or by a combination of these methods.
11. RENEWAL FOR ADDITIONAL TERMS. This Building Lease may be renewed
by the Lessee for up to five (5) additional one year terms subject to approval of the City. The
renewal terms shall run from May 1 through April 30 of each successive year. Lessee shall
request each additional renewal term by sending written notice to the City of its interest in
extending this Building Lease for an additional one year term not more than sixty (60) days and
3
not less than thirty (30) days prior to the end of the current term, which date shall be determined
by the postmark appearing on the envelope bearing the renewal request or the date of hand
delivery of the renewal request to the City Clerk. The only term of this Building Lease which
may be modified in connection with extending the lease for a renewal term is the annual rental.
12. SURRENDER OF PREMISES. The Lessee shall vacate and remove all its
personal property, fixtures and improvements prior to the end of the initial term or any renewal
term. The Lessee shall pay the City on demand any sum which may be expended by the City
after expiration, revocation or termination of this Building Lease in restoring the premises to a
condition in accordance with paragraph 4 above.
13. CHOICE OF LAWS. This Building Lease shall be construed in accordance with
the laws of the United States of America, the State of Nebraska and the ordinances of the City of
Grand Island.
14. ENTIRE AGREEMENT. This Building Lease constitutes the entire agreement
between the City and the Lessee, notwithstanding any other verbal or written agreements or
understandings to the contrary. This Building Lease may be amended only in writing, duly
approved and executed by the City and Lessee.
15. REVOCATION RIGHTS OF PARTIES. This Building Lease may be revoked by
either the City or Lessee for any material violation of the lease, which termination shall be
effective 30 calendar days from the date a Notice of Termination is mailed or delivered in hand
to the other party at the address noted in paragraph 16.
16. NOTICES. All notices envisioned under the terms and conditions of this
Building Lease shall be sent to other party by first class United States Mail, postage prepaid and
addressed as follows or delivered in hand to:
City of Grand Island Dominion Construction Company
Attn: Mayor Attn: R. Michael Olmstead, President
P.O. Box 1968 P.O. Box 48
Grand Island, NE 68802-1968 Scottsbluff, NE 69363
17. BINDING EFFECT. All covenants, terms and conditions herein contained shall
extend to and be obligatory on the successors, assigns and legal representatives of the City and
Lessee.
18. SUCCESSORS AND ASSIGNS. This Building Lease shall not be assigned,
transferred or otherwise conveyed or alienated by the City or the Lessee and any such act,
whether accomplished or attempted shall be deemed a material violation of and cause immediate
termination of this lease.
DATED: ________________________, 2011.
4
ATTEST: CITY OF GRAND ISLAND, NEBRASKA,
A Municipal Corporation,
_____________________________ By:_________________________________________
RaNae Edwards, City Clerk Jay Vavricek, Mayor
DOMINION CONSTRUCTION COMPANY,
A Corporation,
________________________________________
R. Michael Olmstead, President
STATE OF NEBRASKA )
) SS:
COUNTY OF HALL )
Before me, a notary public, qualified in said County personally came Margaret Hornady, Mayor of the City
of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who
signed the foregoing Building Lease and acknowledged that the foregoing signature was her voluntary act and deed
pursuant to Resolution 2011-____, and that the City's corporate seal was thereto affixed by proper authority.
Witness my hand and notarial seal this ____ day of _________________, 2011.
_________________________________________________
Notary Public
STATE OF NEBRASKA )
) SS:
COUNTY OF HALL )
Before me, a notary public in and for said County and State, personally appeared R. Michael Olmstead,
President of Dominion Construction Company, to me known to be the identical person who executed the foregoing
instrument and acknowledged the execution thereof to be his voluntary act and deed.
Witness my hand and notarial seal this ____ day of _________________, 2011.
_________________________________________________
Notary Public
BUILDING LEASE
THIS LEASE is made and entered into on this ____ day of ________________, 2011, by
and between the CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, herein
referred to as “City” and JERRY HARDERS, herein referred to as “Lessee”.
1. STATEMENT PURPOSE. This Building Lease is made for the purpose of
leasing to the Lessee the property identified as Fire/Guard Building No. A-12, on the former
Cornhusker Army Ammunition Plant (CHAAP), together with three (3) concrete parking pads to
the front, side and rear of the building, herein after referred to as “premises”, for inert storage
purposes only.
2. TERM OF LEASE. The term of this Building Lease is for a period of two years
beginning on May 1, 2011, and ending on April 30, 2013, sub ject to the revocation and renewal
provisions set forth hereafter.
3. CONSIDERATION. The Lessor shall pay the City rental in advance of the initial
term, and any renewal terms, in the amount of Nine Hundred Dollars ($900.00 per year), payable
to the order of The City of Grand Island, Finance Department, P.O. Box 1968, Grand Island,
Nebraska, 68802. In the event the Lessee fails or refuses for any reason to pay the foregoing
rentals in advance, this Building Lease shall be considered void.
4. CONDITION OF PREMISES. Lessee acknowledges that it has inspected the
premises described in paragraph 1 above, knows its condition, and understands the same is
leased without any representations or warranties whatsoever and without obligation on the part
of the City to make any alterations, repairs or additions thereto. The Lessee shall surrender the
premises to the City at the end of the term, or any renewal term, in the same condition as the
premises were at the commencement of the initial lease term, normal wear and deterioration
excepted. Any portion of the premises damaged by the Lessee must be either replaced or restored
to the condition existing at the commencement of the initial lease term or the Lessee shall pay to
the City an amount equal to the cost of repair or replacement of the damaged property,
whichever is less.
5. UTILITIES AND INSURANCE. During the initial term, or any renewal term, of
this Building Lease, the Lessee shall pay all utility costs for services on the premises and shall
maintain liability insurance in the amount of not less than a combined single limit of
$100,000.00 coverage for the leased premises. The Lessee shall provide the City with a copy of a
Certificate of Insurance evidencing the required coverage, which certificate shall state that the
City will be given 30 days written notice of any cancellation or change in such insurance.
6. RIGHT TO ENTER PREMISES. The City reserves the right to enter the
premises at any time for any purpose necessary or convenient in connection with government
and Lessor purposes, including but not limited to making inspections, removing debris, making
2
repairs or performing maintenance. The Lessee shall have no claim for damages on account of
such entry against the City or its officials, officers, employees, agents or representatives.
7. INDEMNIFICATION OF CITY. The City shall not be responsible for damages
to property or injuries to persons which may arise from or be incident to the exercise of the
privileges herein granted or for damages to the property of the Lessee, its officers, employees,
agents, or others who may be on the premises at their invitation. The Lessee shall hold the City
harmless from any and all claims, causes of action, or damages of any nature due to the
negligence of the Lessee, its officers, employees, agents, contractors, invitees or licensees.
8. PROHIBITED USES. The Lessee shall not construct or place any structure,
improvement, advertising sign, or make any modification to the premises or allow or permit such
construction, placement, or modification without prior written approval of the City. The Lessee
shall not conduct or allow to be conducted any illegal or prohibited activity on the premises and
specifically shall not conduct or allow to be conducted any activities which violate any of the
environmental laws, regulations, rules, or other regulatory measures of the United States
Environmental Protection Agency (USEPA) or Nebraska Department of Environmental Quality
(NDEQ). The Lessee shall be responsible for and hold the City harmless from all claims, costs,
penalties, or any other consequences associated with violations of environmental laws.
Routine servicing of vehicles and equipment on the premises is prohibited, including
fueling, adding or changing lubricants. Only emergency servicing which is necessary to start a
vehicle or equipment shall be permitted. Necessary measures shall be taken to clean up any
petroleum products or fluids which leak from vehicles or equipment.
9. TAXES. Any and all taxes imposed by the State of Nebraska or its political
subdivisions upon the premises shall, except real estate taxes, shall be paid promptly by the
Lessee. In the event the premises owned by the City are made taxable by state or local
governments, the lease shall be renegotiated to adjust the consideration in an amount sufficient to
reimburse the City for said tax liability.
10. LESSEE’S MAINTENANCE RESPONSIBILITIES. The Lessee shall maintain
Building No. A-12 to prevent deterioration of the structure. All openings shall be closed in order
to keep out birds and other animals. The Lessee shall maintain and prevent the loss of gravel
from the parking areas off the concrete parking pads and maintain proper drainage to prevent
erosion. Lessee shall maintain all grassed areas located on the premises and shall control noxious
weeds by mowing, spraying, hand grubbing or by a combination of these methods.
11. RENEWAL FOR ADDITIONAL TERMS. This Building Lease may be renewed
by the Lessee for up to five (5) additional one year terms subject to approval of the City. The
renewal terms shall run from May 1 through April 30 of each successive year. Lessee shall
request each additional renewal term by sending written notice to the City of its interest in
extending this Building Lease for an additional one year term not more than sixty (60) days and
not less than thirty (30) days prior to the end of the current term, which date shall be determined
by the postmark appearing on the envelope bearing the renewal request or the date of hand
3
delivery of the renewal request to the City Clerk. The only term of this Building Lease which
may be modified in connection with extending the lease for a renewal term is the annual rental.
12. SURRENDER OF PREMISES. The Lessee shall vacate and remove all its
personal property, fixtures and improvements prior to the end of the initial term or any renewal
term. The Lessee shall pay the City on demand any sum which may be expended by the City
after expiration, revocation or termination of this Building Lease in restoring the premises to a
condition in accordance with paragraph 4 above.
13. CHOICE OF LAWS. This Building Lease shall be construed in accordance with
the laws of the United States of America, the State of Nebraska and the ordinances of the City of
Grand Island.
14. ENTIRE AGREEMENT. This Building Lease constitutes the entire agreement
between the City and the Lessee, notwithstanding any other verbal or written agreements or
understandings to the contrary. This Building Lease may be amended only in writing, duly
approved and executed by the City and Lessee.
15. REVOCATION RIGHTS OF PARTIES. This Building Lease may be revoked by
either the City or Lessee for any material violation of the lease, which termination shall be
effective 30 calendar days from the date a Notice of Termination is mailed or delivered in hand
to the other party at the address noted in paragraph 16.
16. NOTICES. All notices envisioned under the terms and conditions of this
Building Lease shall be sent to other party by first class United States Mail, postage prepaid and
addressed as follows or delivered in hand to:
City of Grand Island Jerry Harders
Attn: Mayor 10582 West 13th Street
P.O. Box 1968 Wood River, NE 68883
Grand Island, NE 68802-1968
17. BINDING EFFECT. All covenants, terms and conditions herein contained shall
extend to and be obligatory on the successors, assigns and legal representatives of the City and
Lessee.
18. SUCCESSORS AND ASSIGNS. This Building Lease shall not be assigned,
transferred or otherwise conveyed or alienated by the City or the Lessee and any such act,
whether accomplished or attempted shall be deemed a material violation of and cause immediate
termination of this lease.
DATED: ________________________, 2011.
4
ATTEST: CITY OF GRAND ISLAND, NEBRASKA,
A Municipal Corporation,
_____________________________ By:_________________________________________
RaNae Edwards, City Clerk Jay Vavricek, Mayor
________________________________________
JERRY L. HARDERS
STATE OF NEBRASKA )
) SS:
COUNTY OF HALL )
Before me, a notary public, qualified in said County personally came Margaret Hornady, Mayor of the City
of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who
signed the foregoing Building Lease and acknowledged that the foregoing signature was her voluntary act and deed
pursuant to Resolution 2011-______, and that the City's corporate seal was thereto affixed by proper authority.
Witness my hand and notarial seal this ____ day of _________________, 2011.
_________________________________________________
Notary Public
STATE OF NEBRASKA )
) SS:
COUNTY OF HALL )
Before me, a notary public in and for said County and State, personally appeared Jerry Harders, to me
known to be the identical person who executed the foregoing instrument and acknowledged the execution thereof to
be his voluntary act and deed.
Witness my hand and notarial seal this ____ day of _________________, 2011.
_________________________________________________
Notary Public
Approved as to Form ¤ ___________
March 18, 2011 ¤ City Attorney
R E S O L U T I O N 2011-72
WHEREAS, the City of Grand Island is the owner of an approximately 420 acre tract of
land at the former Cornhusker Army Ammunition Plant, which has several buildings which were leased by
the US Army Corp of Engineers during their ownership of the property; and
WHEREAS, on May 22, 2001, by Resolution 2001-132, the City approved Building
Leases with the tenants of the buildings pending development of the property; and,
WHEREAS, the leases will terminate on May 1, 2011; and
WHEREAS, three of the Lessee’s of the storage buildings have requested that their lease
be renewed.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Building Leases at the former Cornhusker
Army Ammunition Plant are hereby authorized to be renewed for an additional two years to the following
Lessees in accordance with the Building Leases:
Lessee Description Rental
Dominion Construction Company Storage building $2,900/yr.
Jerry Harders Fire/guard building $900/yr.
Nebraska State Patrol Storage building $750/yr.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2011-73 - Approving Agreement with Granicus, Inc. for Live
Streaming/Video Archive
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Shannon Oster, Assistant to the City Administrator
City of Grand Island City Council
Council Agenda Memo
From: Wendy Meyer-Jerke, Public Information Officer
Meeting: March 22, 2011
Subject: Approving Service Agreement with Granicus, Inc. for
Live Streaming/Video Archive
Item #’s: G-11
Presenter(s): Wendy Meyer-Jerke, Public Information Officer
Shannon Oster, Assistant to the City Administrator
Background
Grand Island Television (GITV) was started in 1993 and is a Public Educational
Governmental (PEG) station. Currently through the Cable Franchise Agreement GITV
broadcasts on Charter Communications Channels 6 and 12 and is also available on analog
Channel 56. Citizens who have DIRECTV cannot get GITV. GITV has been
broadcasting City Council meetings live for over a decade. Today GITV also
rebroadcasts several community meetings including the Citizen Review Committee,
Grand Island Public School Board meetings, and Hall County Board of Supervisors
meetings.
GITV also produces several recurring educational and informational segments. Each
month on “City Matters,” studio interviews are done with city staff on important matters
that are taking place within the City of Grand Island on topics that matter to the citizens.
In addition, “On the Job” segments feature a city employee and takes viewers on an
inside look at the jobs at the City of Grand Island and why they are important to our
citizens and community. “Community Connections” are on topics that are intended to
keep citizens connected to their community either through education, non-profit work or
services available, or community events taking place. The monthly “Inside Education”
piece gives insight to viewers on the latest happenings in our public school system. GITV
also produces other educational and informational pieces that would be streamed lived
and archived including recruitment videos for police and fire, the wastewater treatment
plant tour, and State Fair pieces.
In an attempt to reach a larger audience and create another alternative for citizens to
easily acquire City of Grand Island and community information, city staff has researched
the option of live video streaming GITV for several years. The funding for this project
was in the 2009-10 Budget, but funding reductions required that the project be postponed.
The current GITV video streaming and archive system that is offered to citizens is hosted
by the City of Grand Island and has several limitations. The current system only offers
minimal programming to only a few viewers at a time and has no live streaming
capabilities. Furthermore, the recent City Council meetings and the limited GITV
segments that are available to the public on the City’s web site is only available for
review for a short time period. The number of meetings and segments on the City’s web
site is dependent on the size of each file and the network capabilities. If someone wants
to see an older video from a meeting that is not online anymore, they must request a
DVD, and then the GITV Technician needs to pull that file and burn the DVD.
Discussion
The service agreement with Granicus, Inc. will provide the City with the ability to stream
GITV Channel 6 and 56 live and on demand through the internet, which means the web
content will mirror what is being aired at the current time over the air on those channels.
Streaming gives anyone with an internet connection the ability to watch live and post
production videos from home, at work, or anywhere in the world. This will give GITV
the opportunity to reach a bigger, untapped audience, of the homes of citizens who may
have an internet connection but not have analog television or Charter Communications.
Currently Granicus, Inc. works with over 700 government agencies to offer this type of
service and offers phone support 24 hours a day, 7 days a week, 365 days a year.
Benefits of implementing this system will be in the form of hosting, maintenance,
archival space, live streaming, and on demand service through an alternate medium than
what is currently offered. This proposed system has been specifically designed to support
the masses and enables a large archiva l system with no size limitations. With Granicus,
there is unlimited storage of video content, which means that the public will have access
to archived City Council meetings and recurring GITV pieces since the implementation
of this proposed service if so desired by the City. The Granicus system also provides a
community content library of their other clients so GITV will have the ability to pull
content from other municipalities and use as content on GITV. Granicus will host this
system; therefore the City of Grand Island will no longer need to worry about network
limitations or the maintenance and security of archived GITV video.
A great feature of this system is that when City Council meetings are being streamed live
the agenda is displayed with the video, so the viewer can easily follow along with the
meeting. After each City Council meeting the video is “indexed” with each agenda item.
Indexing means that the video is time stamped for every item on the agenda, so a user can
easily navigate to a specific item. City Council meeting videos will also have a keyword
search function based off the agenda items, so a user will easily be able to find the agenda
and related video to an item of interest. Right now City Council meetings that are
recorded by GITV are not searchable according to topic so viewers who want to find out
what particular discussion occurred on a certain item have a hard time using the current
web site archive system to do so.
Live video streaming of City Council meetings and GITV programs will enhance the
City’s transparency and improve the ability of citizens to easily access local government.
Not only will this improve accessibility and support open government, it will be a better
user experience than currently available. In addition, it will give citizens the opportunity
to engage in city government and gain more awareness of the City’s web site and other
possible online uses.
The service agreement with Granicus, Inc. is for a term of 18 months and renewable for
three one year terms. The upfront cost is $5,125, with a monthly cost of $177. Even
though this is viewed to be a discretionary investment, the staff believes it has great value
of convenience and open government. City Council direction is sought to determine if
the improvement of this city service is deemed appropriate to move forward with.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve this live streaming/video
archive agreement with Granicus, Inc.
Sample Motion
Move to approve the live streaming/video archive agreement with Granicus, Inc.
Example images of what Granicus, Inc Services will look like:
Example of video/agenda view:
This is an example of what a
meeting video will look like to
viewers. The agenda is immediately
below. Post production videos with
have agenda items time stamped, so
a viewer can click on an agenda
item and the video will go to that
portion of the meeting.
This is an example of how
archived videos will appear on
the City’s web site. Videos
will be sorted into sections by
programs or meetings, and
then by year in chronological
order.
Also of note is the keyword
search at the top of the screen.
Keyword search will search
the agenda associated with
each video.
Approved as to Form ¤ ___________
March 18, 2011 ¤ City Attorney
R E S O L U T I O N 2011-73
WHEREAS, the City of Grand Island broadcasts City Council meetings live and produces
several recurring educational and informational segments, which residents can watch on Charter
Communication Channels 6 and 12, and analog Channel 56; and
WHEREAS, live and on demand video streaming of City Council meetings and GITV
programming will reach a larger audience and create another alternative for citizens to easily acquire City of
Grand Island and community information; and
WHEREAS, the services provided by Granicus, Inc. will improve accessibility,
transparency, and be responsive to the different needs of citizens; and
WHEREAS, the term of the agreement is 18 months and renewable for three one year
terms, with an upfront cost of $5,125 and a monthly cost of $177, and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the service agreement between the City of Grand
Island and Granicus, Inc. is approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2011-74 - Approving Service Agreement with NebraskaLink, LLC
for Data Transport Services for Public Library
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Steve Fosselman
City of Grand Island City Council
Council Agenda Memo
From: Steve Fosselman, Library Director
Meeting: March 22, 2011
Subject: Approving Service Agreement with NebraskaLink, LLC
for Data Transport Services for Public Library
Item #’s: G-12
Presenter(s): Steve Fosselman, Library Director
Background
The Grand Island Public Library has obtained significant discounts for access to Internet
service since 1998 through a federal Schools and Libraries Program of the Universal
Service Fund (commonly referred to as E-Rate). The discount level for our library is
80%. This has made it possible for the library to gradually grow from 56 Kbps service to
the present 10 Mbps.
In preparing for the upcoming E-Rate year (July 1, 2011 to June 30, 2012), it has been
my aim to reduce costs for service while obtaining additional bandwidth for the benefit of
library users via participation in Network Nebraska. This statewide network is used
mostly by educational entities throughout the state, but has become open to public
libraries and municipalities. Through aggregation of demand, adoption of common
standards, and collaboration with network services and applications, participants are
achieving many benefits, including reduced network costs, greater efficiency for
participating entities, interoperability of video conferencing systems, increased
collaboration, new opportunities, and improved effectiveness of public investments.
Separate data transport services between the library and College Park (a Network
Nebraska aggregation site) is necessary to obtain Internet through Network Nebraska.
Through the E-Rate program, quotes were sought for 36-month data transport service
with up to three one-year voluntary extensions. The library received responses from
Charter Business (Kearney) and NebraskaLink, LLC (Lincoln). At a 30 Mbps service:
Monthly Non-
discounted
Monthly E-Rate
Discounted
36-month E-Rate
Discounted
Charter Business $1,090.00 $218.00 $7,848.00
NebraskaLink, LLC $843.75 $168.75 $6,075.00
Discussion
Current 10 Mbps Internet service at the library is priced at $1,100 per month, $220 per
month with the E-Rate discount. Upon Council approval of a service agreement with
NebraskaLink, LLC for data transport services, and a separate purchase order for Internet
through Network Nebraska via Windstream at the discounted rate of $1.20 per Mbps per
month, we will be able to expand to 20 Mbps service - and reserve 10 Mbps for
community distance education video transmission and future uses - at a lower total
discounted monthly cost of $192.75.
In addition, the library is working with the Nebraska Library Commission to make use of
federal BTOP (Broadband Technology Opportunities Program) awarded to assist
Nebraska libraries in expanding broadband services. Through this program, various
installation services will be paid by the Nebraska Library Commission on our behalf. The
extent of this additional financial assistance will be known before proceeding with a work
order. However, Council approval of the service agreement is necessary at this time in
order to meet the March 24, 2011 deadline set by this federal E-Rate program.
Our library’s participation in Network Nebraska also opens up the possibility of future
savings on Internet services for other municipal services that do not qualify for E-Rate
discounts but once connected with College Park can benefit from current $6.00 per Mbps
non-discounted pricing.
This is a budgeted expense in the library’s account 10044301-85410.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends the Council approve a 36-month data transport service
agreement with up to three one-year voluntary extensions with NebraskaLink, LLC.
Sample Motion
Move to approve a 36-month data transport service agreement with up to three one-year
voluntary extensions with NebraskaLink, LLC.
MSA – 01/25/2011
Confidential and Proprietary Page 1 of 9
MASTER SERVICE AGREEMENT
THIS MASTER SERVICE AGREEMENT ("Agreement") is entered into this 22nd day of March, 2011 (“Effective Date”) by and between NebraskaLink, LLC (“Supplier”) and Grand Island Public Library (“Customer”).
ARTICLE 1. DEFINITIONS
"Acceptable Use Policy” or “AUP” shall mean a set of rules
defined by Supplier that restrict the ways in which the network
or system may be used. The NebraskaLink AUP can be found
at http://nebraskalink.com/about-us.html.
"Acceptance Letter” shall mean a written communication from
Supplier to Customer informing Customer of Supplier’s
acceptance of the Customer Order.
“Affiliate” shall mean an entity that now or in the future,
directly or indirectly controls, is controlled by, or is under
common control with, a party to this Agreement. For purposes
of the foregoing, "control" shall mean the ownership of (i)
greater than ten percent (10%) of the voting power to elect the
directors of an entity, or (ii) greater than ten percent (10%) of
the ownership interest in an entity.
"Agreement Term" shall have the meaning set forth in Section
5.1(A).
"Applicable Taxes" shall have the meaning set forth in
Section 3.4(A).
"Cancellation Charge" shall mean the charge payable by
Customer for cancellation of the Service pursuant to Section
3.7(A) below, as further described in the relevant Service
Schedule.
“Customer Commit Date” shall mean the date that Service
will be available to Customer, as set forth in the Acceptance
Letter.
“Customer Order” shall mean a request for Service submitted
by Customer in the form designated by Supplier.
“Customer Premises” shall mean any location or locations off of the Supplier Network selected by Customer or its End Users
to which Service will be delivered.
"Customer Requested Date" shall mean the date inserted by
Customer into the Customer Order when Service is requested
to be delivered by Supplier. Notwithstanding anything in this
Agreement or any Customer Order to the contrary, Supplier
shall not be obligated to deliver Service by the Customer
Requested Date or any other date unless and until confirmed
in writing by Supplier through the delivery to Customer of the
Acceptance Letter.
"End Users" shall mean any person or entity deriving use of the
Services through the Customer including but not limited to the
Customer, an Affiliate of the Customer or a customer of the
Customer.
“Facilities” shall mean any property owned, licensed or leased
by Supplier or any of its Affiliates and used to deliver Service,
including terminal and other equipment, conduit, fiber optic
cable, optronics, wires, lines, ports, routers, switches, channel
service units, data service units, cabinets, racks, private rooms
and the like.
“Force Majeure Event” shall mean any event or circumstance
or combination of events or circumstances that is beyond the
reasonable control of the party sought to be held liable.
“Governmental Authority” shall mean any federal, state,
regional, county, city, municipal, local, territorial, prefecture, or
tribal government, whether foreign or domestic, or any
department, agency, bureau, or other administrative or
regulatory body obtaining authority from any of the foregoing, including, without limitation, courts, public utilities and
communications authorities.
“Month” shall mean a period beginning at 12:00 AM in the
Central time zone of the United States on the first day of the
calendar month and ending at 12:00 AM in the Central time
zone of the United States on the first day of the next calendar
month.
“Notice of Completion” shall mean a written notice from
Supplier that the Service has been installed and tested by
Supplier and is functioning properly in accordance with the
Service Delivery Requirement.
"Scheduled Maintenance" shall mean any preventative,
routine or scheduled maintenance that is performed on a
Service, Supplier's Facilities, the Supplier Network or any
component thereof, that is reasonably likely to affect the
Service, for which Supplier shall provide at least five (5) days'
notice of timing and scope to Customer.
“Service” shall mean any Supplier service described in a
Service Schedule and identified on a particular line item of a
Customer Order.
"Service Charge" shall mean charges for Service as generally
described in the Service Schedules.
“Service Commencement Date” shall mean the first to occur
of (i) the date set forth in any Notice of Completion, unless
Customer notifies Supplier that the Service is not functioning
properly as provided in Section 3.1 (or, if two or more Services
are designated as "bundled" in any Customer Order, the date
set forth in the Notice of Completion for all such Services); and
(ii) the date Customer begins using the Service other than for
testing purposes pursuant to Section 3.1.
MSA – 01/25/2011
Confidential and Proprietary Page 2 of 9
"Service Delivery Requirement" shall mean the testing
standard or other specification for the delivery of a Service as
described in the relevant Service Schedule.
“Service Levels” shall mean the specific remedies Supplier
provides regarding installation and performance of Service as
set forth in the applicable Service Schedule.
“Service Level Credit” shall mean the credit calculated as a
result of Supplier’s failure to meet a Service Level set forth on the applicable Service Schedule.
“Service Schedule” shall mean the forms so entitled and
applicable to each Service ordered by Customer pursuant to a
Customer Order. Unless already attached to this Agreement,
the relevant Service Schedule shall be attached to each
applicable Customer Order, and shall in either case be
incorporated into this Agreement by reference.
“Service Term” shall mean the duration of time (measured
starting on the Service Commencement Date) for which
Service is ordered, as specified in the Customer Order. At the
end of the Service Term, the Service shall automatically renew
on a month-to-month basis until terminated by either party on
thirty (30) days’ notice.
“Supplier Network” shall mean the telecommunications
network consisting of fibers and optical and transmission
equipment which is owned and/or leased and operated and
maintained by Supplier and its Affiliates.
“Supplier POP” shall mean data center space owned or
leased by Supplier or any of its Affiliates for the purpose of,
among other things, locating and collocating communications
equipment and to which the Supplier Network is directly
connected.
"Termination Charge" shall mean the charge payable by
Customer for termination of the Service pursuant to Section
3.7(B) below, as further described in the relevant Service
Schedule.
ARTICLE 2. DELIVERY OF SERVICE
2.1 Submission of Customer Order(s). To order any
Service, Customer shall submit a Customer Order requesting
Service. The Customer Order and its backup detail must
include a description of the Service, the Service Charges for
Service, the applicable Service Term and the Customer
Requested Date.
2.2 Acceptance by Supplier. Upon receipt of a Customer
Order, if Supplier determines (in its sole discretion) to accept
the Customer Order, Supplier will deliver an Acceptance Letter
for the requested Service (or some portion of the Services).
Supplier will become obligated to deliver ordered Service only
if Supplier has delivered a Acceptance Letter for the Service.
2.3 Customer Premises. Customer shall allow Supplier
access to the Customer Premises to the extent necessary (as
reasonably determined by Supplier) for the installation,
inspection and Scheduled Maintenance or emergency
maintenance of Facilities relating to the Service. In the event
of an emergency, Customer shall, upon notice from Supplier,
allow access to the Customer Premises as soon as is
reasonably practicable under the circumstances. Customer
will be responsible for providing and maintaining, at its own
expense, the level of power, heating and air conditioning
necessary to maintain the proper environment for the Facilities
on the Customer Premises. In the event Customer fails to do so, Customer shall reimburse Supplier for the actual cost of
repairing or replacing any Facilities damaged or destroyed as a
result of Customer's failure. Customer will provide a safe place
to work and comply with all laws and regulations regarding the
working conditions on the Customer Premises.
2.4 Supplier Facilities. Except as otherwise agreed, title to
all Facilities shall remain with Supplier. Supplier will provide
and maintain the Facilities in good working order. Customer
shall not, and shall not permit others to, rearrange, disconnect,
remove, attempt to repair, or otherwise tamper with any
Facilities, without the prior written consent of Supplier. The
Facilities shall not be used for any purpose other than that for
which Supplier provides them. Customer shall not take any
action that causes the imposition of any lien or encumbrance
on the Facilities. In no event will Supplier be liable to Customer
or any other person for interruption of Service or for any other
loss, cost or damage caused by or related to improper use or
maintenance of the Facilities by Customer or any third party
gaining access to the Facilities through Customer in violation of this Agreement, and Customer shall reimburse Supplier for any
damages as a result thereof. Customer agrees (which
agreement shall survive the expiration, termination or
cancellation of any Customer Order) to allow Supplier to
remove the Facilities from the Customer Premises:
(A) after termination, expiration or cancellation of the
Service Term of any Service in connection with which the
Facilities were used; or
(B) for repair, replacement or otherwise as Supplier may
determine is necessary or desirable, but Supplier will use
reasonable efforts to minimize disruptions to the Service
caused thereby.
2.5 Customer-Provided Equipment. If requested by
Customer, Supplier may, at its option, install certain Customer-
provided communications equipment. Unless otherwise
agreed by Supplier in writing, Supplier will not thereafter be
responsible for the operation or maintenance of such Customer-provided equipment. Customer shall be solely
responsible for the compliance of its own equipment with
applicable standards and for obtaining any necessary
approvals or authorizations prior to its use. Supplier will not be
responsible for the transmission or reception of signals by
Customer-provided equipment or for the quality of, or defects
in, such transmission or reception. Customer shall ensure that
Customer-provided equipment does not interfere with or
otherwise degrade the operation of the Facilities or the
Supplier Network. Supplier shall have full control over the
MSA – 01/25/2011
Confidential and Proprietary Page 3 of 9
configuration of the Supplier Network used in providing the
Service and shall be entitled to alter the configuration.
2.6 Representations and Warranties of Customer.
Customer represents and warrants that (i) it has the legal right
and authority, and will maintain the legal right and authority
during the Agreement Term, to install, use and resell the
Services as contemplated hereunder; (ii) the performance of
Customer's obligations under this Agreement and use of
Services will not violate any applicable law, rule or regulation or any applicable manufacturers' specifications or otherwise
unreasonably interfere with Supplier's customers' use of the
Services or Supplier Network, and (iii) Customer is authorized
and has completed all required corporate actions necessary to
execute this Agreement and applicable Customer Order(s).
2.7 Representations and Warranties of Supplier.
Supplier represents and warrants that (i) it has the legal right and
authority, and will maintain the legal right and authority during
the Agreement Term, to provide the Services ordered by
Customer hereunder; (ii) the performance of Supplier's
obligations under this Agreement will not violate any applicable
law, rule or regulation; and (iii) Supplier is authorized and has
completed all required corporate actions necessary to execute
this Agreement and applicable Customer Order(s).
ARTICLE 3. BILLING AND PAYMENT
3.1 Commencement of Billing. Upon installation and testing
of the Service, Supplier will deliver to Customer a Notice of Completion. Upon receipt of the Notice of Completion,
Customer shall have a period of seventy two (72) hours to
confirm that the Service has been installed and is properly
functioning in accordance with the applicable Service Delivery
Requirements. Unless Customer delivers written notice to
Supplier within such seventy two (72) hour period that the
Service is not operating in accordance with the Service
Delivery Requirements, Customer will be deemed to have
accepted the Service and billing for all recurring charges shall
commence on the applicable Service Commencement Date.
In the event that Customer notifies Supplier within the time
period stated above that the Service is not operating in
accordance with the Service Delivery Requirements , then
Supplier shall correct any deficiencies in the Service and
deliver a new Notice of Completion to Customer, after which
the process stated herein shall be repeated.
3.2 Service Charges.
(A) The types of Service Charges for each Service are
generally described in the corresponding Service Schedule.
(B) In addition to the Service Charges described in the
Service Schedules, in the event any Service requires Supplier
to install additional infrastructure, cabling, electronics or other
materials in the provision of the Service or for any other
reason, then Supplier may invoice Customer for additional
charges , as further described in the Service Schedules.
3.3 Payment of Invoices. Invoices for Services shall be
delivered to and payable by Customer in accordance with the
relevant Service Schedules. All invoices are due thirty (30)
days after the date of invoice, unless otherwise provided in a
Service Schedule. All payments shall be due and payable in
U.S. Dollars , except as specified on a particular invoice. Past
due amounts accrue interest at a rate of 1.5% per Month (or the
highest rate allowed by law, whichever is less) beginning from
the date first due until paid in full. Customer shall make all
payments by check or wire transfer of immediately available
funds pursuant to the payment instructions on such invoice.
3.4 Taxes and Fees.
(A) All charges for Service are net of Applicable Taxes
(as defined below). Except for taxes based on Supplier's net
income, Customer will be responsible for all applicable taxes
that arise in any jurisdiction, including, without limitation, value
added (VAT), goods and services (GST), consumption, sales,
use, gross receipts, excise, access, bypass, franchise or other
taxes, fees, duties, charges or surcharges, however
designated, imposed on, incident to, or based upon the
provision, sale or use of the Service (collectively “Applicable
Taxes”). If Customer is or was required by law to make any
deduction or withholding from any payment due hereunder to
Supplier, then, notwithstanding anything to the contrary
contained herein, the gross amount payable by Customer to
Supplier shall be increased so that after any such deduction or
withholding for Applicable Taxes, the net amount received by
Supplier will not be less than Supplier would have received had
no such deduction or withholding been required. If any taxing
or Governmental Authority asserts that Customer should have
made a deduction or withholding for or on account of any Applicable Taxes with respect to all or a portion of any
payments made hereunder, or that Supplier should have
collected certain Applicable Taxes from Customer which
Supplier did not collect, Customer hereby agrees to indem nify
Supplier for such Applicable Taxes and to hold Supplier
harmless on an after-tax basis from and against any and all
Applicable Taxes, interest or penalties levied or asserted in
connection therewith. To the extent that Customer is or
believes it is entitled to an exemption from any Applicable
Taxes, Customer is responsible for presenting Supplier with a
valid exemption certificate (in a form reasonably acceptable to
Supplier). Supplier will give effect to any valid exemption
certificate provided in accordance with the foregoing sentence
to the extent it applies to any Service billed by Supplier to
Customer only for the period following Supplier’s receipt of
such exemption certificate.
(B) Customer shall reimburse Supplier for any regulatory
fees charged to Supplier by any Governmental Authority or
agency, including, but not limited to, the U.S. Federal Communications Commission, for Customer’s use of Service
provided hereunder. In the event that any regulatory fees are
imposed on Supplier in respect of Service provided hereunder
(including, but not limited to, Interstate Telephone Service
Provider regulatory fees and Universal Service Fund
Contributions), Supplier shall provide Customer with an invoice
for such regulatory fees along with supporting documentation
and Customer shall pay such invoice within thirty (30) days of
the date of such invoice.
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3.5 Regulatory and Legal Changes. In the event of any
change in applicable law, regulation, decision, rule or order
that materially increases the costs or other terms of delivery of
Service, Supplier and Customer will negotiate regarding the
rates to be charged to Customer to reflect such increase in
cost and, in the event that the parties are unable to reach
agreement respecting new rates within thirty (30) days after
Supplier’s delivery of written notice requesting renegotiation,
then (a) Supplier may pass such increased costs through to
Customer, and (b) if Supplier elects to pass such increased costs through to Customer, Customer may terminate the
affected Service without further liability, except for liabilities
incurred prior to termination, by delivering written notice of
termination no later than thirty (30) days after the effective date
of the rate increase.
3.6 Disputed Invoices. If Customer reasonably disputes any
portion of a Supplier invoice, Customer must pay the
undisputed portion of the invoice and submit written notice of
the claim (in a form reasonably requested by Supplier) for the
disputed amount. All claims must be submitted to Supplier in
writing within thirty (30) days from the date of the invoice for
such Services. Customer waives the right to dispute any
charges not disputed within such thirty (30) day period. In the
event that the dispute is resolved against Customer, Customer
shall pay such amounts within ten (10) business days plus
interest at the rate referenced in Section 3.3.
3.7 Cancellation and Termination Charges.
(A) Customer may cancel a Service following Supplier’s
acceptance of the applicable Customer Order and prior to the
Customer Commit Date upon prior written notice to Supplier (in
a form reasonably requested by Supplier). In the event that
Customer does so cancel, or in the event that the delivery of
such Service is cancelled by Supplier prior to delivery of a
Notice of Completion due to a failure of Customer to comply
with the terms of this Agreement or any Customer Order,
Customer shall pay Supplier a Cancellation Charge as
specified in the relevant Service Schedule for each Service.
Customer’s right to cancel any particular Service under this
Section 3.7(A) shall automatically expire and shall no longer
apply upon Supplier’s delivery to Customer of a Notice of
Completion for such Service.
(B) In addition to Customer’s right of cancellation under
Section 3.7(A) above, Customer may, at any time after the
Notice of Completion has been delivered and prior to the
expiration of the Service Term, terminate Service upon thirty
(30) days’ prior written notice to Supplier. In the event that Customer does so terminate, or in the event that the delivery of
Service is terminated by Supplier during such period due to a
failure of Customer to comply with the terms of this Agreement
or any Customer Order, Customer shall pay Supplier a
Termination Charge as specified in the relevant Service
Schedule for each Service.
3.8 Fraudulent Use of Services. Customer is responsible for
all Service Charges attributable to Customer incurred with
respect to Service, even if incurred as the result of fraudulent
or unauthorized use of Service; except Customer shall not be
responsible for fraudulent or unauthorized use by Supplier or
its employees.
ARTICLE 4: RESALE AND USE OF SERVICES
4.1 Resale of Services. Customer shall not have any right
to market and/or re-brand the Services purchased by it as its
own product and services, and/or to resell or sublicense the
Services to End Users unless it has all required legal
and/or regulatory licenses and consents from all relevant
Governmental Authorities. The Customer shall strictly comply
with all the legal and/or regulatory licenses and consents from
all relevant Governmental Authorities with respect to the resale of Services. The Customer shall be solely responsible and
liable for any misuse of Services in respect of the Customer’s
resale of Services and shall indemnify and hold harmless
Supplier against any and all claims or proceedings from such
resale or sublicense of Services by the Customer. In case of
resale or sublicense of Services, the Customer shall not (i) refer
to Supplier in any marketing or service literature except with
Supplier's prior written consent; or (ii) act or purport to act on
behalf of Supplier; or (iii) be relieved of its obligations under any
applicable Customer Order or this Agreement.
4.2 Customer's Obligation. In the event Customer resells
or sublicenses the Services to an End User, it shall do so
only under the conditions that (i) any and all of such End
User's acts and omissions (including any failure by the End
User to comply with any applicable law rule or regulation in the
jurisdiction in which its uses or resells the Services) shall be
attributable to Customer for the purposes of this Agreement; and
(ii) any resale or sublicense by Customer of the Services
shall not relieve Customer of its obligations under any
applicable Customer Order or this Agreement.
ARTICLE 5. TERM AND TERMINATION
5.1 Term.
(A) This Agreement shall become effective on the
Effective Date and shall continue for the later to occur of (i) the
date that is two (2) years after the Effective Date or (ii) the expiration date of the longest remaining Service Term ordered
under Customer Order (“Agreement Term”), unless earlier
terminated as provided herein or extended as provided in
Section 5.1(B). At the end of the initial Agreement Term, the
Agreement Term shall automatically renew on a Month-to-
Month basis until terminated by either party on thirty (30) days’
notice.
(B) Except as otherwise set forth herein, Supplier shall
deliver the Service for the entire duration of the Service Term,
and Customer shall pay all Service Charges for delivery
thereof through the end of the Service Term. To the extent
that the Service Term for any Service extends beyond the
Agreement Term, then this Agreement shall remain in full force
and effect for such Service until the expiration or termination of
such Service Term.
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5.2 Default By Customer. If (i) Customer makes a general
assignment for the benefit of its creditors, files a voluntary
petition in bankruptcy or any petition or answer seeking,
consenting to, or acquiescing in reorganization, arrangement,
adjustment, composition, liquidation, dissolution or similar
relief; (ii) an involuntary petition in bankruptcy or other
insolvency protection against Customer is filed and not
dismissed within sixty (60) days; (iii) Customer fails to make
any payment required hereunder when due, and such failure
continues for a period of five (5) business days after written notice from Supplier; (iv) Customer fails to observe and
perform any material term of this Agreement (other than
payment terms) and such failure continues for a period of thirty
(30) days after written notice from Supplier; or (v) Customer
has violated any law, rule, regulation or policy of any
Government Authority related to the Services or Customer's
use thereof, then Supplier may (A) terminate this Agreement
and any Customer Order, in whole or in part, in which event
Supplier shall have no further duties or obligations thereunder,
and/or (B) suspend the provision of Services while the default
is continuing, and/or (C) subject to Section 6.1, pursue any
remedies Supplier may have under this Agreement, at law or in
equity.
5.3 Default By Supplier. If (i) Supplier makes a general
assignment for the benefit of its creditors, files a voluntary
petition in bankruptcy or any petition or answer seeking,
consenting to, or acquiescing in reorganization, arrangement,
adjustment, composition, liquidation, dissolution or similar
relief; (ii) an involuntary petition in bankruptcy or other insolvency protection against Supplier is filed and not
dismissed within sixty (60) days; or (iii) Supplier fails to
observe and perform any material term of this Agreement
(where the Service Levels do not address such failure) and
such failure continues for a period of thirty (30) days after
written notice from Customer; then Customer may: (A)
terminate this Agreement and/or any Customer Order, in whole
or in part, in which event Customer shall have no further duties
or obligations thereunder, and/or (B) subject to Section 6.1,
pursue any remedies Customer may have under this
Agreement, at law or in equity.
ARTICLE 6. LIABILITIES AND INDEMNIFICATION
6.1 No Special Damages. NOTWITHSTANDING ANY
OTHER PROVISION HEREOF, NEITHER PARTY SHALL BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOST REVENUES, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF CUSTOMERS, LOSS
OF DATA, INTERFERENCE WITH BUSINESS OR THE COST
OF PURCHASING REPLACEMENT SERVICES) ARISING
OUT OF THE PERFORMANCE OR FAILURE TO PERFORM
UNDER THIS AGREEMENT OR ANY CUSTOMER ORDER,
WHETHER OR NOT CAUSED BY THE ACTS OR
OMISSIONS OR NEGLIGENCE OF ITS EMPLOYEES OR
AGENTS, AND REGARDLESS OF WHETHER SUCH PARTY
HAS BEEN INFORMED OF THE POSSIBILITY OR THE
LIKELIHOOD OF SUCH LOSSES.
6.2 Limitation. Supplier’s sole liability and Customer’s sole
remedy for damages arising out of the furnishing or failure to
furnish Service (including, but not limited to, mistakes,
omission, interruptions, failure to transmit or establish
connections, delays, errors or other defects) is limited to the
Service Levels.
6.3 Disclaimer of Warranties. SUPPLIER MAKES NO
OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS
OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET
FORTH IN THIS AGREEMENT OR ANY APPLICABLE
SERVICE SCHEDULE.
6.4 Indemnification.
(A) Subject to Section 6.1, each party shall indemnify
the other from any claims by third parties (including any
Governmental Authority or End User) and expenses including
legal fees and court costs respecting (i) damage to tangible
property, personal injury or death caused by such party’s
negligence or willful misconduct; or (ii) a breach by either
party of Section 2.6 and 2.7 respectively. The Customer shall
indemnify the Supplier from any claims by third parties
(including any Governmental Authority or End User) and
expenses including legal fees and court costs respecting a
breach by the Customer of Section 4.2(i) (in the event of any
End User being in breach of any applicable law rule or
regulation) or otherwise arising from Services resold or otherwise provided by Customer.
(B) Each party agrees to promptly provide each other with
notice of any claim which may result in an indemnification
obligation hereunder. The indemnifying party may defend such
claim with counsel of its own choosing provided that no
settlement or compromise of any such claim shall occur
without the consent of the indemnified party, which consent
shall not be unreasonably withheld or delayed.
ARTICLE 7. SERVICE LEVELS
7.1 Service Interruptions and Delivery. To report issues
related to Service performance, Customer may contact
Supplier at the telephone number or email address provided by
Supplier to Customer from time to time. In order for Supplier to
investigate any reported issues, Customer agrees to provide
Supplier with supporting information as reasonably requested
by Supplier, which may include (as applicable), without
limitation, circuit ID, circuit end-point(s), IP address(es), originating phone number and terminating phone number. In
the event of a failure to deliver Service in accordance with the
Service Levels, Customer's sole remedies are contained in the
Service Levels applicable (if any) to the affected Service, as
described in the applicable Service Schedule(s).
7.2 Service Level Credits. In the event Supplier does not
achieve a particular Service Level in a particular Month,
Supplier will issue a Service Level Credit to Customer as set
forth in the applicable Service Schedule upon Customer’s
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request. To request a Service Level Credit, Customer must
contact Supplier or deliver a written request (in a form
reasonably requested by Supplier) pursuant to Section 8.4
within thirty (30) days of the end of the Month for which a
Service Level Credit is requested. Supplier may be contacted
at the telephone number or email address provided by Supplier
to Customer from time to time.
ARTICLE 8. GENERAL TERMS
8.1 Force Majeure. Neither party shall be liable, nor shall any
credit allowance or other remedy be extended, for any failure
of performance or equipment due to a Force Majeure Event.
The foregoing shall apply only if such causes arise after the
Effective Date, are beyond the reasonable control of the party
so affected and arise without such party’s fault or negligence.
8.2 Assignment. Customer may not assign its rights and
obligations under this Agreement or any Customer Order
without the express prior written consent of Supplier. This
Agreement and all obligations hereunder shall apply to any
permitted transferees or assignees. Notwithstanding any
assignment by Customer, Customer shall remain liable for the
payment of all charges due under each Customer Order.
8.3 Affiliates and Contractors.
(A) Service may be provided to Customer pursuant to this
Agreement by an Affiliate or contractor of Supplier. Customer
shall comply with all requirements of such Affiliate or contractor
as communicated to Customer by Supplier.
(B) The parties acknowledge and agree that Customer’s
Affiliates may purchase Service under this Agreement;
provided, however, any such Customer Affiliate purchasing
Service hereunder agrees that such Service is provided
pursuant to and governed by the terms and conditions of this
Agreement. Customer shall be jointly and severally liable for
all claims and liabilities arising under this Agreement related to
Service ordered by any Customer Affiliate, and any event of
default under this Agreement by any Customer Affiliate shall
also be deemed an event of default by Customer. Any
reference to Customer in this Agreement with respect to
Service ordered by a Customer Affiliate shall also be deemed a
reference to the applicable Customer Affiliate.
(C) Notwithstanding anything in this Agreement to the
contrary, either party may provide a copy of this Agreement to
its Affiliate or such other party’s Affiliate for purposes of this
Section 8.3, without notice to, or consent of, the other party.
8.4 Notices. Notices hereunder shall be in writing and
sufficient and received if delivered in person, or when sent via
facsimile, pre-paid express courier (for international
correspondence), pre-paid certified mail (return receipt
requested) (for United States correspondence), or electronic
mail, addressed as follows:
IF TO SUPPLIER:
NebraskaLink, LLC
Suite 23
6900 Van Dorn St.
Lincoln, Nebraska 68506
Attn: Chief Executive Officer
Email: paul.ludwick@nebraskalink.com
IF TO CUSTOMER:
Grand Island Public Library
211 North Washington Street
Grand Island, NE 68801
Attn: Steve Fosselman, Library Director
Email: sf@gi.lib.ne.us
or at such other address as the party to whom notice is to be
given may have furnished to the other party in writing in
accordance herewith. All such notices shall be deemed to
have been given on (i) the date delivered if delivered
personally, by express courier, or by pre-paid certified mail, or
(ii) the date of transmission if delivered by facsimile or
electronic mail (or the business day after transmission if
transmitted on a weekend or legal holiday). Notwithstanding
the foregoing, any notices delivered by Supplier to Customer in
the normal course of providing Service hereunder shall be
deemed properly given if delivered via any of the methods
described above or via electronic mail to the email address
listed on any Customer Order.
8.5 Application of Tariffs. Supplier may elect or be required
to file with the appropriate regulatory agency tariffs respecting
the delivery of certain Service. In the event that such tariffs are
filed respecting Service ordered by Customer, then (to the
extent such provisions are not inconsistent with the terms of a
Customer Order) the terms set forth in the applicable tariff shall
govern Supplier’s delivery of, and Customer’s consumption or
use of, such Service.
8.6 Data Protection. During the performance of this
Agreement, it may be necessary for Supplier to transfer,
process and store billing and utilization data and other data
necessary for Supplier’s operation of its network and for the
performance of its obligations under this Agreement.
Customer hereby consents to Supplier’s (i) transfer, storage
and processing of such data; and (ii) use of such data for its
own internal purposes and as allowed by law. This data will
not be disclosed to third parties.
8.7 Contents of Communications. Supplier shall have no
liability or responsibility for the content of any communications
transmitted via the Service and Customer shall defend,
indemnify and hold Supplier harmless from any and all claims
(including claims by governmental entities seeking to impose
penal sanctions) related to such content or for claims by third
parties relating to Customer's or its end users’ use of Service.
8.8 Content of the Internet. Supplier provides only access to
the Internet. Supplier does not operate or control the
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information, services, opinions or other content of the Internet,
and Supplier makes no warranties or representations regarding
any such information, services, opinions or other content.
Customer agrees that it shall make no claim whatsoever
against Supplier relating to the content of the Internet or
respecting any information, product, service or software
ordered through or provided by virtue of the Internet. Supplier
reserves the right to take such measures as may be
reasonably necessary, in Supplier’s sole dis cretion, to ensure
security and continuity of service on the Supplier Network, including but not limited to identification and blocking or filtering
of Internet traffic sources which Supplier deems to pose a
security or operational risk or a violation of its AUP. In
addition, Customer understands that Supplier does not own or
control other third party networks outside of the Supplier
Network, and Supplier is not responsible or liable for any
filtering or access restrictions imposed by such networks or for
the performance (or non-performance) within such networks or
within interconnection points between the Supplier Network
and other third party networks.
8.9 Marks and Publicity. Neither party shall have the right to
use the other party’s or its Affiliates’ trademarks, service marks
or trade names or to otherwise refer to the other party in any
marketing, promotional or advertising materials or activities,
except as may be agreed in advance in writing by the parties.
Neither party shall issue any press release relating to any
contractual relationship between Supplier and Customer,
except as may be required by law or agreed between the
parties in writing.
8.10 Non-Disclosure. Any information or documentation
disclosed between the parties during the performance of this
Agreement shall be subject to the terms and conditions of the
applicable non-disclosure or confidentiality agreement then in
effect between the parties .
8.11 Disclosure of Customer Information. Supplier reserves
the right to provide any customer or potential customer bound
by a nondisclosure agreement access to a list of Supplier’s
customers and a description of Service purchased by such
customers. Customer consents to such disclosure, including
the listing of Customer's name and Service purchased by
Customer, provided that financial terms relating to the
purchase shall not be disclosed.
8.12 Governing Law and Venue. This Agreement shall be
governed and construed in accordance with the laws of the
State of Nebraska, without regard to its choice of law rules.
Each of the parties hereby consents to the non-exclusive jurisdiction and venue of the federal and state courts in the
State of Nebraska in any suit or proceeding arising out of or
relating to this Agreement or the transactions contemplated
hereby.
8.13 Entire Agreement. This Agreement, including any
Service Schedule(s) attached hereto and Customer Order(s)
executed hereunder, constitutes the entire and final agreement
and understanding between the parties with respect to the
Service and supersedes all prior agreements relating to the
Service, which are of no further force or effect.
8.14 Order of Precedence. In the event of any conflict
between this Agreement and the terms and conditions of any
Service Schedule and/or Customer Order, the order of
precedence is as follows: (1) the Customer Order, (2) the
Service Schedule, and (3) this Agreement.
8.15 Survival. The provisions of this Article 8 and Articles 3,
4, 6 and 7 and any other provisions of this Agreement that by
their nature are meant to survive the expiration or termination
of this Agreement shall survive the expiration or termination of
this Agreement.
8.16 Relationship of the Parties. The relationship between
Customer and Supplier shall be as independent contractors
and shall not be that of partners, agents, or joint venturers for
one another, and nothing contained in this Agreement shall be
deemed to constitute a partnership or agency agreement
between them for any purposes, including, without limitation,
for federal income tax purposes.
8.17 Severability; Waiver. In the event any provision of this
Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, such offending provision(s) shall
be stricken and the remainder of this Agreement shall remain
legal, valid and binding. The failure by either Party to exercise
or enforce any right conferred by this Agreement shall not be
deemed to be a waiver of any such right nor to operate so as
to bar the exercise or enforcement of any such or other right on
any later occasion.
8.18 Third Party Beneficiaries. This Agreement shall be
binding upon, inure solely to the benefit of and be enforceable
by each party hereto and their respective successors and
assigns hereto, and nothing in this Agreement, express or
implied, is intended to or shall confer upon any thirty party any
right, benefit or remedy of any nature whatsoever under or by
reason of this Agreement.
8.19 Counterparts. This Agreement may be executed in one
or more counterparts (including by means of facsimile or electronic .pdf submission), all of which taken together shall
constitute one and the same instrument.
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Confidential and Proprietary Page 8 of 9
ARTICLE 9. ADDENDUM
The service term is 36 months, with up to three one-year voluntary extensions when agreed upon by all parties.
All charges for services quoted by Supplier in relevant portions of “GIPL470/1112-2 Section 8” below shall remain applicable
throughout the service term and voluntary extensions, with the exception of any future downward adjustments of charges
contingent upon the use of federal BTOP funding through the Supplier and/or the Nebraska Library Commission for
broadband improvements to Customer.
Telecommunicatio
ns Services
Quantity
and/or
Capacity
Sought
Current
Quantity
and/or
Capacity Specifications Quotes Needed Monthly
1.a - 10 Mbps $ 781.25
1.b - 20 Mbps $ 812.50
1.c - 30 Mbps $ 843.75
1.d - 40 Mbps $ 875.00
1.e - 50 Mbps $ 906.25
1.f - 60 Mbps $ 937.50
1.g - 70 Mbps $ 968.75
1.h - 80 Mbps $ 1,000.00
1.i - 90 Mbps $ 1,031.25
Digital
Transmission
Service/WAN
Up to
100
Mbps 10 Mbps
Up to 100 Mbps data transport
priced in 10Mbps increments.
Between 211 North Washington
Street, Grand Island, NE 68801
308-385-5333 (library) and 3180
West Highway 34, Grand Island,
NE 68801 308-398-7275 (College Park) for connection to Network
Nebraska. Provide costing for 36
months with up to three one-year
voluntary extensions when agreed
upon by all parties. Other
specifications provided. All bids
will be evaluated at a predefined
bandwidth, available at bid
opening, but all other quotes will
be considered in this evaluation. 1.j - 100 Mbps $ 1,062.50
Supplier shall separately bill the Nebraska Library Commission for the initial $2,500 installation charges, to be paid from their
federal BTOP funds.
Customer shall apportion service between federal E-Rate eligible and ineligible services. Prior to Customer Commit Date,
Customer retains the right to increase or decrease federal E-Rate eligible and ineligible services, and annually thereafter.
Customer shall be billed only the federal E-Rate discounted portion of all eligible services (currently an 80% discount but
subject to change on an annual basis). Any federal E-Rate ineligible services shall be itemized separately on such invoices.
The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th.
It is understood and agreed that any portion of this Agreement which will be performed in a future fiscal year is contingent upon
the City Council adopting budget statements and appropriations sufficient to fund such performance. However, the parties
agree that Services received up to the point of notice of loss of funding by Customer shall still be due and owing to Supplier.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the Effective Date written above.
NEBRASKALINK, LLC ("Supplier")
By
Name
Title
CITY OF GRAND ISLAND on behalf of GRAND ISLAND
PUBLIC LIBRARY ("Customer")
By
Name
Title
W553260.05
Approved as to Form ¤ ___________
March 18, 2011 ¤ City Attorney
R E S O L U T I O N 2011-74
WHEREAS, the Grand Island Public Library has obtained significant discounts for access
to Internet service since 1998 through a federal Schools and Libraries Program of the Universal Service
Fund (commonly referred to as E-Rate) ; and
WHEREAS, the Grand Island Public Library requested quotes for data transport services
to be provided through a 36-month service agreement with up to three one-year voluntary extensions; and
WHEREAS, NebraskaLink, LLC has responded with the lowest quote for this service; and
WHEREAS, City Council execution of a service agreement with NebraskaLink, LLC prior
to March 24, 2011 will qualify the Grand Island Public Library for an 80% E-Rate discount on data
transport services as well as separately provided discounts for Internet access through Network Nebraska.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the NebraskaLink, LLC data transport service
agreement is hereby approved for a term of 36 months with up to three one-year voluntary extensions;
and the Mayor is hereby authorized and directed to execute such Service Agreement on behalf of the
City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2011-75 - Approving GIS Maintenance Contract Renewal for 911
Services
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Jon Rosenlund
City of Grand Island City Council
Council Agenda Memo
From: Jon Rosenlund, Emergency Management Director
Meeting: March 22, 2011
Subject: 911 GIS Maintenance Contract Renewal
Item #’s: G-13
Presenter(s): Jon Rosenlund, Emergency Management Director
Background
The Grand Island Emergency Center utilizes a series of data tools to locate and map 911
calls from landlines and wireless callers. This requires the synchronization of GIS data
with the Master Street Address Guide (MSAG). To date, the State of Nebraska had
funded this service through a contract with a GIS contractor. That contract has expired
the Emergency Management Department recommends a renewal of this contract through
May 1, 2015.
Discussion
In 2006, the Department partnered with the Nebraska Public Service Commission and
GIS contractor GeoComm Inc. to provide GIS/MSAG data management and
synchronization services necessary in mapping emergency 911 callers from landlines and
wireless networks. This three-way agreement provided GIS/MSAG synchronization,
accomplished by GeoComm Inc., delivered to the Grand Island Emergency Center, and
paid by the Nebraska Public Service Commission through the Wireless E911 Fund
revenues paid to the State.
Beginning July 2010, the Public Service Commission began remitting a portion of the
Wireless E911 Fund back to Public Safety Answering Points (PSAPs) through the
Wireless E911 Support Allocation Model (911 SAM). Following the development of the
911 SAM, the State will no longer pay for new contracts or services as they have in the
past. These costs are now passed directly to the PSAP.
The proposed contract is a renewal of the GIS services contract provided to the Grand
Island Emergency Center which eliminates the PSC as the funding “middle-man.” Costs
for this renewed contract will come from a combination of the Emergency Management
Department’s landline E911 Fund (215) and the new Wireless E911 Fund (216).
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council accept this contract renewal.
Sample Motion
Move to approve the contract renewal.
GeoComm Page 1 of 6
Contract #0111 HCNE
GIS Data Maintenance Agreement
This Maintenance Agreement is made by and between the City of Grand Island
Customer organized under the laws of the State of Nebraska and GeoComm, Incorporated
a Minnesota corporation with its principal offices at 601 West St. Germain Street,
St. Cloud, MN, 56301.
In this agreement the party who is contracting to receive the professional services shall be referred to
the Customer and the party who will be providing the services shall be referred to as
GeoComm has an established background in communications engineering, geographic information
systems development, cartography, software development and professional project management and
is willing to provide those serv ices to the Customer based on this background. The Customer desires
to have services provided by GeoComm.
Therefore, the parties agree as follows:
Section 1 - Description of Service and Limitations of Exhibits
Beginning upon contract signing, GeoComm will provide the goods and services (collectively the
Services) described in Exhibit A and attached and incorporated herein by reference, and shall be
referred to s The Services are further explained in the Exhibits and include, without
limitation, explanation concerning the following:
GIS Data Maintenance Services (Five Years)
Section 2 - Payment
The Customer shall pay a fee to GeoComm of $31,066.00 for five years services as described in the
Exhibits and provided under this agreement by GeoComm. The Customer agrees to pay GeoComm
annual payments as follows:
$5,850.00 to be invoiced May 1, 2011
$5,850.00 to be invoiced May 1, 2012
$6,143.00 to be invoiced May 1, 2013
$6,450.00 to be invoiced May 1, 2014
$6,773.00 to be invoiced May 1, 2015
Services under this agreement will be provided from May 1, 2011, through April 30, 2016.
Section 3 - Termination
Either party, upon thirty (30) days written notice to the other party, may terminate this Agreement for
violation of the material terms of this Agreement and failure to cure any deficiency within a reasonable
time after notice thereof. In the event of termination for just cause by the Customer, GeoComm shall
refund all amounts received to that point. In the event of termination for just cause by GeoComm, the
Customer shall forfeit any funds paid and return any software and hardware received.
GeoComm Page 2 of 6
Contract #0111 HCNE
Section 4 - Relationship of Parties
The parties understand that GeoComm is an independent contractor and not an employee of the
Customer.
Section 5 - Disclosure
GeoComm is required to disclose any outside activities or interests, including ownership or
participation in the development of prior inventions, that conflict or may conflict with the best interests
of the Customer. Prompt disclosure is required under this paragraph if the activity or interest is
related, directly or indirectly, to any activity that GeoComm may be involved with, on behalf of the
Customer.
Section 6 - Employees
services for the Customer under this
Agreement shall also be bound by the provisions of this agreement.
Section 7 - Injuries
GeoComm acknowledges its obligation to obtain appropriate insurance coverage for the benefit of
GeoComm and its employees. GeoComm waives any rights to recover damages from the Customer
for any injuries that GeoComm and/or its employees may sustain while performing services under this
agreement and that are a result of the negligence of GeoComm or its employees or agents.
Section 8 - Indemnification
GeoComm agrees to indemnify and hold the Customer harmless from all claims, losses, expenses,
fees including attorney fees, costs, and judgments that may be asserted against the Customer that
result from the acts or omissions of GeoComm and/or its employees or agents.
Section 9 - Insurance
GeoComm shall obtain comprehensive general liability and workers compensation insurance for both
personal injury and property damage with limits no less than those required under Customer State
law. All policies shall not be cancelled, materially changed, or not renewed without thirty days prior
notice thereof to the Customer. Minimum limits for GeoComm liability insurance shall be in the
amount of $1,000,000.00 for any number of claims arising out a single occurrence under a single limit
or combined limit or excess umbrella general liability insurance policy. GeoComm shall additionally
obtain Worker's Compensation Insurance extending coverage to all its employees.
Section 10 - Data Confidentiality
GeoComm agrees to review, examine, inspect or obtain Customer data only for the purposes
described in this agreement, and to at all times hold such information confidential. The obligation to
protect the confidentiality of confidential information disclosed to the other party shall extend for a
period of five (5) years following disclosure and shall survive early termination of this Agreement. All
data, whether digital or hard -copy, provided to GeoComm by the Customer shall remain the legal
property of the Customer, and shall not be distributed, sold or utilized by GeoComm for any purposes
other than those defined in this contract, without the express permission of the Customer.
GeoComm Page 3 of 6
Contract #0111 HCNE
Section 11 - Nondiscrimination
During the performance of this Agreement, GeoComm agrees that no person shall, on the grounds of
any status protected by law, be excluded from full employment rights in, participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any and all applicable federal and state
laws against discrimination.
Section 12 - Assignment
assigned or transferred to any other
person, firm, or corporation without the prior written consent of the Customer, which consent shall not
be unreasonably withheld.
Section 13 - Notices
All notices required or permitted under this agreement shall be in writing and shall be deemed
delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
City of Grand Island
Jon Rosenlund, Emergency Management Director
100 East First Street, Grand Island, NE 68803-1968
Phone (308) 385-5360 Fax (308) 385-5378 E-mail jonr@grand-island.com
GeoComm
Nate Ekdahl, Assistant Geographic Services Manager
601 West St. Germain Street, St. Cloud, MN 56301
Phone (320) 240-0040 Fax (320) 240-2389 E-mail nekdahl@geo-comm.com
Section 14 - Entire Agreement
This Agreement contains the entire agreement of the parties and there are no other promises or
conditions in any other agreement whether oral or written. This agreement supersedes any prior
written or oral agreements between the parties.
Section 15 - Amendment
This Agreement may not be modified or amended unless the amendment is made in writing and is
signed by both parties.
Section 16 - Ownership
It is agreed by and between the parties that all products created as a result of this contract will be the
sole property of the Customer. With the exception of products created and delivered under this agreement may be used, altered and distributed at the
Customer
Section 17 - Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the
remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of
this agreement is invalid or unenforceable, but that by limiting such provision it becomes valid and
GeoComm Page 4 of 6
Contract #0111 HCNE
enforceable, then such provision shall be deemed to be written, construed, and enforced as so
limited.
Section 18 - Laws to Be Observed
GeoComm shall keep fully informed of all Federal and state laws; all regulations pertaining to the
Occupational and Safety Hazards Act (OSHA); all local laws, ordinances and regulations; and all
orders and decrees of bodies and tribunals having any jurisdiction or authority, which in any manner affect the conduct of work.
Section 19 - Applicable Law
If there is any dispute concerning this agreement, the laws of the state of Nebraska apply. Proper
venue and jurisdiction for all lawsuits, claims, disputes, and other matters in questions between the
parties to this agreement or any breach thereof shall be in the courts of the state of Nebraska.
For City of Grand Island
By: Date:
Signature/Title
For GeoComm
By: Date:
Janet Grones/Treasurer
GeoComm Page 5 of 6
Contract #0111 HCNE
Exhibit - A Scope of Services for the City of Grand Island, Nebraska
GeoComm will provide the City of Grand Island with the following maintenance services:
Digital Map Updates (wireline)
Digital Map Updates (wireless)
Master Street Address Guide (MSAG) and 9 -1-1 Database Updates
Digital Map Updates (wireline)
GeoComm believes that proactively eliminating errors in the map data is a crucial step in map data
maintenance to enhance wireline 9-1-1 call plotting accuracy. Therefore, GeoComm proposes to
actively research possible call plotting issues as it relates to the GIS map data. GeoComm will
periodically compare the City of Grand Island/Hall County MSAG to the map data and review provided
error reports to determine possible wireline call plotting issues. Map data issues determined by either
review will be discussed with the City of Grand Island and /or Hall County to ensure proper updates
are made. A list of fallout along with the synchronization percentage will be provided to the City of
Grand Island project contact via e-mail after each review.
In addition, GeoComm proposes to use provided hard copy or digital resources to update the map
data layers for plotting wireline 9-1-1 calls.
As needed, GeoComm will:
Update the road centerline layer in unincorporated and incorporated Hall County with
additions, deletions, and corrections
Update the Hall County Emergency Service Zones (ESZ) layer, as well as associated law, fire,
and medical boundary layers when updates are requested
Update the community boundary layer when there are annexations
Update the water features layer(s) with any additions, deletions, and/or corrections
Update existing additional layer(s) (if available) including:
Section lines
Section numbers
Railway Mile Markers
Railways
Postal boundaries
Upload updated map data to the Nebraska PSC Data Repository
(http://psc.gisworkshop.com/Repo/login.jsp) at a minimum of once per quarter.
Complete regular and proactive quality control on all map layers used for 9-1-1 call plotting
In addition, GeoComm will provide the City of Grand Island quarterly or bi-annual basis.
Map one will display community boundaries, roads, road labels, water features, and water
labels.
Map two will display all map one elements plus ESZ boundaries.
Note: The number of MSAG reviews will not exceed four times per year, and the number will be determined by
the City of Grand Island providing the MSAG.
GeoComm Page 6 of 6
Contract #0111 HCNE
Digital Map Updates (wireless)
GeoComm will update the Phase I cellular coverage layer and cellular tower layer based on digital
resources provided by the Nebraska Public Services Commission (PSC) for plotting wireless 9-1-1
calls. As needed, GeoComm will:
Add new sector or omni coverages
Attribute new sector or omni coverages with unique ID, sector ID, sector number, wireless
company name, and radius
Update sector or omni coverage attributes with current wireless information
Change omni coverages to sectors
Change sector orientation of cellular coverages
Change sector or omni coverage radius
Add new tower locations
Periodically pull GeoLynx call logs to review wireless calls and to identify any wireless plotting
errors or problem s
Report potential wireless data errors to the Nebraska PSC if found in the quarterly wireless
spreadsheet that is compiled from wireless providers
Review quarterly wireless spreadsheet from Nebraska PSC and update the wireless Phase I
sector layer as needed. This may include adding or removing wireless sectors, updating
wireless Phase I unique IDs, or adjusting sector orientation.
MSAG and 9-1-1 Database
GeoComm will update the MSAG and 9-1-1 database based on hard copy or digital resources
provided by the City of Grand Island. As needed, GeoComm will:
Update the MSAG when new roads are added, ESZs are changed, and/or roads are extended
Provide deletions to the MSAG, when necessary
Review any MSAG problems, as provided by the database provider (overlaps with other
MSAG entries)
Use the City of Grand Island/Hall County 9-1-1NET account to ensure:
requested MSAG updates have been processed by Intrado
there are no outstanding ALI discrepancies
Work with the City of Grand Island and Intrado on fallout from the geocoding process to
ensure the map data and MSAG are current
Request new ESNs from the database provider when new ESZs are created
Assist in the resolution of telephone records with missing addresses
Devise strategies of ensuring the ongoing 96 percent accuracy of the City of Grand Island/Hall
County 9-1-1 database
Provide assistance with telephone records that do not match the MSAG
Contact municipalities when residents within an incorporated community do not have MSAG-
valid addresses
Send telephone record updates to the telephone companies
Synchronization of the Customer MSAG, 9-1-1 database, and map data is crucial in a 9-1-1
environment. In addition to providing ongoing updates to the City of Grand Island/Hall County MSAG
and 9-1-1 database, GeoComm will complete periodic reviews of these three elements to ensure a
high synchronization rate. Updates will be made to the MSAG and 9-1-1 database based on these
reviews. If clarification is needed GeoComm will work closely with the City of Grand Island to ensure
accurate updates are made.
Approved as to Form ¤ ___________
March 18, 2011 ¤ City Attorney
R E S O L U T I O N 2011-75
WHEREAS, the City of Grand Island, Nebraska, provides 911 Services at the Grand
Island Emergency Center (GIEC) through interlocal agreement to the entire Hall County; and
WHEREAS, locating 911 callers from landline and wireless sources is a vital part of 911
Service; and
WHEREAS, Geographic Information System (GIS) services which synchronize GIS map
data with Master Street Address Guide (MSAG) is an essential element of 911 mapping; and
WHEREAS, GeoComm Inc. has provided this service to the Grand Island Emergency
Center (GIEC) to date through previous arrangements between GeoComm and the Public Service
Commission, which agreement expires April 30, 2011; and
WHEREAS, GeoComm Inc. has proposed a renewal of this agreement, for a total fee of
$31,066.00, portions billed annually as defined in the contract, for five years of service, expiring April 30,
2016,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The Mayor is hereby authorized and directed to enter into this contract on behalf of the
City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Item H1
Consideration of Request from Tom Ummel and Tommy Ummel
for a Conditional Use Permit for a Recycling Center Drop Off
Located at 1827 East 4th Street
This item relates to the aforementioned Public Hearing item E-2.
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Item I1
#2011-76 - Consideration of Request from Friesen Management,
Inc. dba Sam and Louie’s NYP, 928 Concord Avenue for a Class
“C” Liquor License and Liquor Manager Designation for Donald
Friesen, 4030 West Husker Highway
This item relates to the aforementioned Public Hearing item E-1.
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
March 18, 2011 ¤ City Attorney
R E S O L U T I O N 2011-76
WHEREAS, an application was filed by Friesen Management, Inc. doing business as Sam
and Louie’s NYP, 928 Concord Avenue for a Class "C" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island Independent as
required by state law on March 12, 2011; such publication cost being $15.18; and
WHEREAS, a public hearing was held on March 22, 2011 for the purpose of discussing
such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
____ The City of Grand Island hereby recommends approval of the above-identified
liquor license application contingent upon final inspections.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application with the following stipulations: _________
__________________________________________________________
____ The City of Grand Island hereby recommends denial of the above-identified liquor
license application for the following reasons: ________________________
__________________________________________________________
____ The City of Grand Island hereby recommends approval of Donald Friesen, 4030
W. Husker Highway as liquor manager of such business upon the completion of a
state approved alcohol server/seller training program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item I2
#2011-77 - Consideration of Preparing Annexation Plan and Refer
to the Planning Commission
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP
Meeting: March 22, 2011
Subject: Annexation Plan
Item #’s: I-2
Presenter(s): Chad Nabity, AICP
Background
Cities are created to facilitate the infrastructure necessary (streets, sewer, water…) for
people to live together in close proximity. Annexation is the way cities grow. Grand
Island has annexed suburban development numerous times over its history including
areas such as Parkview and Capital Heights. The City of Grand Island has been involved
in numerous lawsuits over annexation but has ultimately continued to grow into the City
it is today because of annexation. It is appropriate for the Grand Island City Council to
consider suburban development and decide if Council wishes to begin the process of
annexing any of the property adjacent to the City limits that is eligible for annexation.
Discussion
Nebraska Statutes allow cities of the First Class to annex property that is adjacent to and
contiguous with the municipal limits of the city and that is not agricultural land that is
rural in nature. Agricultural land with adjacent municipal services and greater value as
developed land than as farm ground has been found by Nebraska courts to be suburban in
nature and therefore eligible for annexation. City staff has identified 15 (the Eagle Scout
Park Area has been split into 2 areas so Council can consider the Park and the Ball Fields
separate from the area east of Broadwell and U.S. Highway 281) areas around the City of
Grand Island that appear to meet the qualification of being adjacent and contiguous and
not agricultural land that is rural in nature.
Council’s decision to consider an area for annexation should be based on the number of
people, houses, and businesses in each area, the ability (or responsibility) of the city to
provide city services to each area, the need for city services in each area and the potential
revenue for the city through property and sales taxes in each. The attached resolution
identifies fifteen potential areas for annexation. Seven of those areas have been presented
as recommended areas to consider for annexation in the near future including the six
presented at the study session and the property along Bismark south of JBS Swift. The
area around Rainbow Lake has been enlarged to include Hall County Park and the
property north of Schimmer Road and west of Blaine Street south of the diversion
channel. Council can choose to move forward with any of the areas presented by
including the areas to be considered for annexation in the motion to approve this
resolution.
By passing this resolution and selecting areas for consideration Council is directing staff:
· to proceed with preparing annexation plans (as required and defined by statute),
· to notify property owners and school districts as required by law, and
· to forward the annexation plans to the Regional Planning Commission for review.
Staff has prepared this resolution in response to the Study Session held on March 15,
2011.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution and identify in
the motion or motions which areas staff should concentrate on when preparing
annexation plan and recommendations.
Sample Motion
Move to approve Resolution #2011-79 and include areas (list each area to be included by
the number and/or name shown on page 2 of the resolution).
Approved as to Form ¤ ___________
March 18, 2011 ¤ City Attorney
R E S O L U T I O N 2011-77
WHEREAS, it is the responsibility of the City Council to periodically review areas adjacent
to the City that are either developed or have the infrastructure in place necessary for development and
pursue annexation of those areas; and
WHEREAS, one of the primary reasons to create and build cities is to provide municipal
services to residents that allow people to live in close proximity to one another; and
WHEREAS, such developed areas or undeveloped areas with infrastructure in place exist
within and adjacent to the City of Grand Island, and
WHEREAS, annexation of such areas requires that the City provide notification to property
owners and school districts , and
WHEREAS, annexation of such areas requires that the City prepare an annexation plan as
defined in the Nebraska Revised State Statutes §16-117; and
WHEREAS, the City of Grand Island desires to consider annexation of areas selected from
the attached list by Council and identified during the March 22, 2011 meeting, and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, do hereby direct staff to prepare annexation plans for
the areas identified as attached and direct city staff to prepare annexation plans for these areas, notify
property owners and school districts as required, submit the plans to the Hall County Regional Planning
Commission, and present these plans back to the Grand Island City Council for further consideration.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, March 22, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
- 2 -
Council Included Area in
Passage of this Resolution Name Number
Staff Recommended
Yes or No Eagle Scout Park/Veteran’s Field
Complex 3a
Yes or No Bismark Road 6
Yes or No Vanosdal 7
Yes or No Rainbow Lake/Hall County Park 8
Yes or No Husker Hwy/281 12
Yes or No Old Potash/North 13
Yes or No 13th/North 14
Recommended for Future Annexation
Yes or No Airport Rd 1
Yes or No Webb Rd 2
Yes or No North and East of Eagle Scout Park 3b
Yes or No St. Paul Road 4
Yes or No East Lakes 5
Yes or No Wellfield 9
Yes or No Schroeder Sub 10
Yes or No Stolley/Engleman 11
- 3 -
Item J1
Approving Payment of Claims for the Period of March 9, 2011
through March 22, 2011
The Claims for the period of March 9, 2011 through March 22, 2011 for a total amount of
$6,139,512.84. A MOTION is in order.
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Item J2
Approving Payment of Claims for the Period of February 23, 2011
through March 22, 2011 for the Veterans Athletic Field Complex
The Claims for the period of February 23, 2011 through March 22, 2011 for a total amount
of $27,357.47 for the Veterans Athletic Field Complex. A MOTION is in order.
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Item X1
Discussion Concerning City Administrator Applicants
The City Council may vote to go into Executive Session as required by State law to discuss
City Administrator applicants for the protection of the public interest.
Tuesday, March 22, 2011
Council Session
City of Grand Island
Staff Contact: Brenda Sutherland
City of Grand Island City Council