04-10-2012 City Council Regular Meeting Packet
City of Grand Island
Tuesday, April 10, 2012
Council Session Packet
City Council:
Larry Carney
Linna Dee Donaldson
Scott Dugan
John Gericke
Peg Gilbert
Chuck Haase
Vaughn Minton
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Mayor:
Jay Vavricek
City Administrator:
Mary Lou Brown
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East First Street
Grand Island Council Session - 4/10/2012 Page 1 / 239
City of Grand Island Tuesday, April 10, 2012
Call to Order
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.
Invocation - Father Richard Piontkowski, St. Mary's Cathedral Catholic
Church, 204 South Cedar Street
Pledge of Allegiance
Roll Call
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.
Grand Island Council Session - 4/10/2012 Page 2 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item C1
Proclamation “Barbershop Harmony Week” April 10, 2012
The Barbershop Harmony Society was organized on April 11, 1938 in Tulsa, Oklahoma as the world's
largest all-male signing organizaiton. This society is dedicated to spreading harmony for the enjoyment
of all people and encourages harmony amongst all people of the world trhough the universal language
of music. Mayor Vavricek has proclaimed the week of April 10, 2012 as "Barbershop Harmony Week".
Staff Contact: Mayor Vavricek
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City of Grand Island
Tuesday, April 10, 2012
Council Session
Item C2
Proclamation "National Library Week" April 8-14, 2012
The Grand Island Public Library will be celebrating National Library Week , April 8-14, 2012. National
Library Week is a national observance sponsored by the American Library Association and libraries
across the country each April. This year’s theme is “You Belong @ Your Library.” National Library
Week is the perfect time to remember that the place you, your family and everyone you know belongs is
@ your library. It is a time to celebrate the contributions of our nation’s libraries and librarians and to
promote library use and support.
Staff Contact: Steve Fosselman
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City of Grand Island
Tuesday, April 10, 2012
Council Session
Item E1
Public Hearing on Request from Chanh Bandasack dba South
Front Reception, 123 East South Front Street for a Class “I”
Liquor License
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/10/2012 Page 9 / 239
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:April 10, 2012
Subject:Public Hearing on Request from Chanh Bandasack dba
South Front Reception, 123 East South Front Street for a
Class “I” 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
Chanh Bandasack dba South Front Reception, 123 East South Front Street has submitted
an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the
sale of alcohol on sale only 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.
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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 application.
Sample Motion
Move to approve the application for Chanh Bandasack dba South Front Reception, 123
East South Front Street for a Class “I” Liquor License contingent upon final inspections
and completion of a state approved alcohol server/seller training program.
Grand Island Council Session - 4/10/2012 Page 11 / 239
03/27/12 Grand Island Police Department 450
16:12 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 12:39:17 03/20/2012
Occurred before : 12:39:17 03/20/2012
When reported : 08:30:00 03/20/2012
Date disposition declared : 03/20/2012
Incident number : L12032744
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License Investigation
Incident address : 123 South Front St E
State abbreviation : NE
ZIP Code : 68801
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 : 11235
Long-term call ID :
Grand Island Council Session - 4/10/2012 Page 12 / 239
Clearance Code : O Open Case
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
----------------------------------------------------------------------
NM 62011 03/27/12 Bandasack, Chanh C Owner
NM 110772 03/27/12 Bandasack, Siphanh Chanh's Wife
NM 174713 03/27/12 South Front Reception, Business
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT03 Bar/Night Club
LAW INCIDENT NARRATIVE:
I Received a Copy of a Liquor License Application from Chanh Bandasack for
South Front Reception.
LAW INCIDENT OFFENSES DETAIL:
Se Offe Offense code Arson Dama
-- ---- ------------------------------ ----------
1 AOFF Alcohol Offense 0.00
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
Grand Island Council Session - 4/10/2012 Page 13 / 239
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 11:19:46 03/27/2012
Grand Island Police Department
Supplemental Report
Date, Time: Tue Mar 27 11:20:00 CDT 2012
Reporting Officer: Vitera
Unit- CID
Chanh Bandasack is applying for a Class I (beer, wine, distilled spirits, on
sale only) Individual Liquor License. He is opening a reception hall at the
old
City Limits/Empire building. His business is called South Front Reception.
Chanh is married to Siphanh Bandasack. According to the application, they
have
lived in Grand Island since 1985. Chanh and Siphanh did not disclose any
criminal convictions. Siphanh did not sign a Spousal Affidavit of Non
Participation.
I checked Spillman and found an entry for each of them but did not find
anything
that would indicate possible convictions. I also checked NCJIS and did not
find
any convictions. I ran them for warrants and driver's history. Neither have
any arrest warrants, and they each have a valid driver's license. I checked
through a law enforcement-only Internet database and did not find any signs
of
Grand Island Council Session - 4/10/2012 Page 14 / 239
financial trouble or anything else alarming. I could not find a facebook
entry for either one of them.
Chanh currently has a liquor license at the Vientiane Oriental Market. I
checked the NLCC's web site and did not find any liquor violations at the
market. I did the liquor license investigation on the market when Chanh
applied
in 2009, and I didn't find any problems at that time.
On 3/27/12, I spoke to Chanh at 123 E. South Front where he and a couple
other
guys were cleaning. Chanh said the business will probably not be open
everyday.
It will not be a bar. He anticipates being open on weekends but will also
open
it up if people want to rent it during the week. Chanh doesn't plan on
serving
food but said he will keep that option open. He has no specific plans for
security but acknowledged he will have to have some if the building is
rented
out to numerous people, and he is serving alcohol. Chanh still has his
Vientiane market and advised if the reception hall causes him problems, he
will just sell it.
All in all, Chanh and his wife have absolutely no criminal history in the
State
of Nebraska after living here for almost thirty years. Chanh currently has a
liquor license and hasn't had any problems. The Grand Island Police
Department
has no objection to Chanh Bandasack receiving a liquor license for South
Front Reception.
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Liquor Application123 South Front St.
Legend Liquor License Locations
1,500ft Buffer from Applicant
Grand Island Council Session - 4/10/2012 Page 16 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item E2
Public Hearing on the 2012 Justice Assistance Grant (JAG)
The Grand Island Police Department and Hall County Sheriff’s Department are eligible to receive
Justice Assistance Grant money from the U.S. Department of Justice under the JAG offering in 2012.
The Grand Island Police Department will serve as the fiscal agency on this grant. There is a
requirement that the applicant agency (Grand Island Police Department) make the grant application
available for review by the governing body not less than 30 days before application. The application
deadline is May 14, 2012. There is a federal mandate that requires a public hearing regarding the
application process and disbursment of grant funds.
Staff Contact: Steve Lamken, Chief of Police
Grand Island Council Session - 4/10/2012 Page 17 / 239
Council Agenda Memo
From:Chief Steven Lamken, Police Department
Meeting:April 10, 2012
Subject:Edward Byrne Memorial Justice Assistance Grant (JAG)
2012
Item #’s:E-2 & G-5
Presenter(s):Steve Lamken, Chief of Police
Background
The Grand Island Police Department and Hall County Sheriff’s Department are eligible
to receive Justice Assistance Grant money from the U.S. Department of Justice under the
JAG offering in 2012. The total award for Grand Island-Hall County is in the amount of
$29,838.00. The monies may be spent over a four year period. The Grand Island Police
Department will serve as the fiscal agency on this grant.
The Hall County Sheriff’s Department is a disparate agency and will receive twenty five
percent of the award totals. The grant will be shared; $7,459.00 to Hall County and
$22,379.00 to the City of Grand Island.
Discussion
There is a requirement that the applicant agency (Grand Island Police Department) make
the grant application available for review by the governing body not less than 30 days
before application. The application deadline is May 14, 2012.
There is a federal mandate that requires a public hearing regarding the application
process and disbursement of the JAG funds. This hearing will take place on April 10,
2012.
The grant requires an MOU between the applicant (Grand Island) and any disparate
agencies (Hall County). By definition, Hall County is a disparate agency eligible for
funds. The MOU will be on the City Council agenda April 10, 2012 and the Hall County
Board’s agenda on April 10, 2012.
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Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the application and suggested disbursement of JAG funds and the
MOU.
2.Reject the application and use of JAG funds
Recommendation
City Administration recommends that the Council approve the application and suggested
disbursement as presented and the MOU.
Sample Motion
Move to approve the application and suggested disbursement of Justice Assistance Grant
funding and the MOU between the City of Grand Island and Hall County.
Grand Island Council Session - 4/10/2012 Page 19 / 239
OMB No. 1121-0329
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
The U.S. Department of Justice (DOJ), Office of Justice Programs' (OJP) Bureau of Justice
Assistance (BJA) is pleased to announce that it is seeking applications for funding under the
Edward Byrne Memorial Justice Assistance Grant (JAG) Program. This program furthers the
Department’s mission by assisting state, local, and tribal efforts to prevent or reduce crime and
violence.
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
FY 2012 Local Solicitation
Eligibility
Applicants are limited to units of local government appearing on the FY 2012 JAG Allocations
List. To view this list, go to www.bja.gov/programs/jag/12jagallocations.html. For JAG program
purposes, a unit of local government is: a town, township, village, parish, city, county, borough,
or other general purpose political subdivision of a state; or, it may also be a federally recognized
Indian tribe that performs law enforcement functions (as determined by the Secretary of the
Interior). Otherwise a unit of local government may be any law enforcement district or judicial
enforcement district established under applicable state law with authority to independently
establish a budget and impose taxes. In Louisiana, a unit of local government means a district
attorney or parish sheriff. In the District of Columbia or any United States Trust Territory, a unit
of local government is any agency of the District of Columbia or federal government performing
law enforcement functions for the District of Columbia or Trust Territories of the United States.
Deadline
Applicants must register in OJP’s Grants Management System (GMS) prior to submitting
application for this funding opportunity. Select the “Apply Online” button associated with the
solicitation title. (See “How To Apply,” page 14.) All registrations and applications are due by
8:00 p.m. eastern time on May 14, 2012. (See “Deadlines: Registration and Application,” page
4.)
Contact Information
For technical assistance with submitting the application, contact the Grants Management
System Support Hotline at 1–888–549–9901, option 3, or via e-mail to
GMS.HelpDesk@usdoj.gov.
Note: The GMS Support Hotline hours of operation are Monday–Friday from 6:00 a.m. to 12
midnight eastern time, except federal holidays.
Grand Island Council Session - 4/10/2012 Page 20 / 239
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2
For assistance with any other requirement of this solicitation, contact the BJA Justice
Information Center at 1–877–927–5657, via e-mail to JIC@telesishq.com, or by live web chat.
The BJA Justice Information Center hours of operation are 8:30 a.m. to 5:00 p.m. eastern time,
and 8:30 a.m. to 8:00 p.m. eastern time, Monday through Friday, on the solicitation close date.
Funding opportunity number assigned to announcement: BJA-2012-3256
Release date: March 28, 2012
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BJA-2012-3256
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CONTENTS
Overview 4
Deadlines: Registration and Application 4
Eligibility 4
JAG Program—Specific Information 4
Updated Requirements 8
Reporting Requirements 10
Performance Measures 10
Notice of Post-Award FFATA Reporting Requirement 11
Priorities 11
How To Apply 14
What an Application Should Include 16
Information to Complete the Application for Federal Assistance (SF-424) (Required)
Program Narrative (Required)
Budget and Budget Narrative (Required)
Review Narrative (Required)
Abstract with Project Identifiers (Required)
Tribal Authorizing Resolution (if applicable)
Additional Attachments (if applicable)
Other Standard Forms
Review Process 18
Additional Requirements 18
Provide Feedback to OJP on This Solicitation 20
Application Checklist 21
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Edward Byrne Memorial Justice Assistance Grant (JAG)
Program: Local Solicitation
CFDA #16.738
Overview
The Edward Byrne Memorial Justice Assistance Grant (JAG) Program (42 U.S.C. 3751(a)) is
the primary provider of federal criminal justice funding to state and local jurisdictions. JAG funds
support all components of the criminal justice system, from multijurisdictional drug and gang
task forces to crime prevention and domestic violence programs, courts, corrections, treatment,
and justice information sharing initiatives. JAG-funded projects may address crime through the
provision of services directly to individuals and/or communities and by improving the
effectiveness and efficiency of criminal justice systems, processes, and procedures.
Deadlines: Registration and Application
Applicants must register in GMS prior to submitting an application for this funding opportunity.
The deadline to register in GMS is 8:00 p.m. eastern time on May 14, 2012, and the deadline to
apply for funding under this announcement is 8:00 p.m. eastern time on May 14, 2012. See the
“How To Apply” section on page 14 for more details.
Eligibility
Refer to the cover page of this solicitation for eligibility under this program.
JAG Program—Specific Information
Formula
Once each fiscal year’s overall JAG Program funding level is determined, BJA partners with the
Bureau of Justice Statistics (BJS) to begin a four-step grant award calculation process which
consists of:
1. Computing an initial JAG allocation for each state and territory, based on their share of
violent crime and population (weighted equally).
2. Reviewing the initial JAG allocation amount to determine if the state or territory allocation
is less than the minimum (“de minimus”) award amount defined in the JAG legislation
(0.25 percent of the total). If this is the case, the state or territory is funded at the
minimum level, and the funds required for this are deducted from the overall pool of JAG
funds. Each of the remaining states receives the minimum award plus an additional
amount based on their share of violent crime and population.
3. Dividing each state’s final award amount (except for the territories and District of
Columbia) between state and local governments at a rate of 60 and 40 percent,
respectively.
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4. Determining local unit of government award allocations, which are based on their
proportion of the state’s three-year violent crime average. If a local eligible award
amount is less than $10,000, the funds are returned to the state to be awarded to these
local units of government through the state agency. If the eligible award amount is
$10,000 or more, then the local government is eligible to apply for a JAG award directly
from BJA.
Award Amount
Eligible award amounts under JAG are posted annually to BJA’s JAG web page:
www.bja.gov/ProgramDetails.aspx?Program_ID=59.
All awards are subject to the availability of appropriated funds and to any modifications or
additional requirements that may be imposed by law.
Purpose Areas
JAG funds may be used for state and local initiatives, technical assistance, strategic planning,
research and evaluation, data collection, training, personnel, equipment, forensic laboratories,
supplies, contractual support, and criminal justice information systems that will improve or
enhance such areas as:
• Law enforcement programs.
• Prosecution and court programs.
• Prevention and education programs.
• Corrections and community corrections programs.
• Drug treatment and enforcement programs.
• Planning, evaluation, and technology improvement programs.
• Crime victim and witness programs (other than compensation).
JAG funds may also be used to address key statutory requirements that may not be otherwise
funded, including requirements from the state and federal level, such as addressing limited
English proficiency requirements and other similar mandates.
Responsibilities
The Chief Executive Officer (CEO) of an eligible unit of local government or other officer
designated by the CEO must submit the application for JAG funds. A unit of local government
receiving a JAG award will be responsible for the administration of the funds including:
distributing the funds; monitoring the award; submitting quarterly financial status (SF-425) and
performance metrics reports and annual programmatic reports; and providing ongoing oversight
and assistance to any subrecipients of the funds.
Length of Awards
Awards are made in the first fiscal year of the appropriation and may be expended during the
following 3 years, for a total grant period of 4 years. Extensions beyond this period may be
made on a case-by-case basis at the discretion of the Director of BJA and must be requested
via the Grants Management System (GMS) no less than 30 days prior to the grant end date.
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Administrative Funds
A unit of local government may use up to 10 percent of the award, plus any interest accrued, for
costs associated with administering JAG funds.
Disparate Certification
A disparate allocation occurs when a city or municipality is allocated one-and-one-half times
(150 percent) more than the county, while the county bears more than 50 percent of the costs
associated with prosecution or incarceration of the municipality’s Part 1 violent crimes. A
disparate allocation also occurs when multiple cities or municipalities are collectively allocated
four times (400 percent) more than the county, and the county bears more than 50 percent of
the collective costs associated with prosecution or incarceration of each municipality’s Part 1
violent crimes.
Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint
application for the aggregate eligible allocation to all disparate municipalities. The joint
application must determine and specify the award distribution to each unit of local
government and the purposes for which the funds will be used. When beginning the JAG
application process, a Memorandum of Understanding (MOU) that identifies which
jurisdiction will serve as the applicant/fiscal agent for joint funds, must be completed, and
signed by the Authorized Representative for each participating jurisdiction. The signed
MOU should be attached to the application. For a sample MOU, go to
www.bja.gov/Funding/JAGMOU.pdf.
Governing Body Review
The applicant agency (fiscal agent in disparate situations) must make the grant application
available for review by the governing body (or to the organization designated by the governing
body) not fewer than 30 days before the application is submitted to BJA.
Public Comment
The applicant agency (the fiscal agent in disparate situations) must include a statement that the
application was made public and that, to the extent of applicable law or established procedure,
an opportunity to comment was provided to citizens and to neighborhood or community-based
organizations.
Supplanting
Federal funds must be used to supplement existing funds for program activities and cannot
replace or supplant nonfederal funds that have been appropriated for the same purpose.
Supplanting is prohibited under JAG. See BJA’s JAG web page and the updated JAG FAQs for
examples of supplanting.
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Trust Fund
Award recipients may draw down JAG funds in advance. To do so, a trust fund must be
established in which to deposit the funds. The trust fund may or may not be an interest-bearing
account. If subrecipients draw down JAG funds in advance, they also must establish a trust fund
in which to deposit funds. This trust fund requirement only applies to direct JAG award
recipients as well as subrecipients that are not on a reimbursement basis.
Match Requirement
While match is not required with the JAG Program, match is as an effective strategy for states
and units of local government to expand justice funds and build buy-in for local criminal justice
initiatives. If an applicant proposes a voluntary match amount, the match amount incorporated
into the OJP-approved budget becomes mandatory and subject to audit.
Prohibited Uses
No JAG funds may be expended outside of JAG purpose areas. Even within these purpose
areas, however, JAG funds cannot be used directly or indirectly for security enhancements or
equipment for nongovernmental entities not engaged in criminal justice or public safety. Nor
may JAG funds be used directly or indirectly to provide for any of the following matters unless
BJA certifies* that extraordinary and exigent circumstances exist, making them essential to the
maintenance of public safety and good order:
• **Vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding
police helicopters).
• Luxury items.
• Real estate.
• Construction projects (other than penal or correctional institutions).
• Any similar matters.
*For information related to requesting a waiver to use funds for any prohibited item, refer
to the updated JAG FAQs on BJA’s JAG web page.
**Police cruisers may include a police pursuit vehicle (PPV) or system support vehicle
(SSV). Examples include sedans and sport utility vehicles (SUVs).
Budget Information
Limitation on Use of Award Funds for Employee Compensation; Waiver
With respect to any award of more than $250,000 made under this solicitation, federal funds
may not be used to pay total cash compensation (salary plus bonuses) to any employee of the
award recipient at a rate that exceeds 110 percent of the maximum annual salary payable to a
member of the Federal Government’s Senior Executive Service (SES) at an agency with a
Certified SES Performance Appraisal System for that year. The 2012 salary table for SES
employees is available at www.opm.gov/oca/12tables/indexSES.asp. Note: A recipient may
compensate an employee at a higher rate, provided the amount in excess of this compensation
limitation is paid with non-federal funds. (Any such additional compensation will not be
considered matching funds where match requirements apply.)
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The limitation on compensation rates allowable under an award may be waived on an individual
basis at the discretion of the Assistant Attorney General (AAG) for OJP. An applicant requesting
a waiver should include a detailed justification in the budget narrative of its application. Unless
the applicant submits a waiver request and justification with the application, the applicant should
anticipate that OJP will request the applicant to adjust and resubmit its budget.
The justification should include the particular qualifications and expertise of the individual, the
uniqueness of the service being provided, the individual’s specific knowledge of the program or
project being undertaken with award funds, and a statement explaining that the individual’s
salary is commensurate with the regular and customary rate for an individual with his/her
qualifications and expertise, and for the work to be done.
Minimization of Conference Costs
No OJP funding can be used to purchase food and/or beverages for any meeting, conference,
training, or other event. Exceptions to this restriction may be made only in cases where such
sustenance is not otherwise available (i.e., extremely remote areas), or where a special
presentation at a conference requires a plenary address where there is no other time for
sustenance to be obtained. Such an exception would require prior approval from the BJA
Director. This restriction does not apply to water provided at no cost, but does apply to any and
all other refreshments, regardless of the size or nature of the meeting. Additionally, this
restriction does not impact direct payment of per diem amounts to individuals in a travel status
under your organization’s travel policy.
Updated Department of Justice and OJP guidance on conference planning, minimization of
costs, and conference cost reporting will be forthcoming and will be accessible on the OJP web
site at www.ojp.usdoj.gov/funding/funding.htm.
Costs Associated with Language Assistance (if applicable)
If an applicant proposes a program or activity that would deliver services or benefits to
individuals, the costs of taking reasonable steps to provide meaningful access to those services
or benefits by individuals with limited English proficiency may be allowable costs. Reasonable
steps to provide meaningful access to services or benefits may include interpretation or
translation services where appropriate.
For additional information, see the "Civil Rights Compliance" section of the OJP "Other
Requirements for OJP Applications" web page
(www.ojp.usdoj.gov/funding/other_requirements.htm).
Updated Requirements
Bulletproof Vest Certification
Bulletproof vests can be funded through two BJA-administered programs: the JAG Program and
the Bulletproof Vest Partnership (BVP) Program.
• BVP is a program designed to provide a critical resource to state and local law enforcement
through the purchase of ballistic-resistant and stab-resistant body armor. A jurisdiction is
able to request up to 50 percent of the cost of a vest with BVP funds. For more information
on the BVP Program, including eligibility and application, refer to the BVP web page.
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• JAG funds may also be used to purchase vests for an agency, but they may not be used to
pay for that portion of the bulletproof vest (50 percent) that is not covered by BVP funds.
Unlike BVP, JAG funds used to purchase vests do not require a 50 percent match.
• Bulletproof vests purchased with JAG funds may be purchased at any threat level, make, or
model from any distributor or manufacturer, as long as the vests have been tested and
found to comply with applicable National Institute of Justice ballistic or stab standards. In
addition, bulletproof vests purchased must be American-made. The latest NIJ standard
information can be found at: www.nij.gov/topics/technology/body-armor/safety-initiative.htm.
• As is the case in BVP, grantees that wish to purchase vests with JAG funds must certify
that law enforcement agencies receiving vests have a written "mandatory wear" policy in
effect. FAQs related to the mandatory wear policy and certifications can be found at
www.bja.gov/Funding/JAGFAQ.pdf This policy must be in place for at least all uniformed
officers before any FY 2012 funding can be used by the agency for vests. There are no
requirements regarding the nature of the policy other than it being a mandatory wear policy
for all uniformed officers while on duty. A mandatory wear concept and issues paper and a
model policy are available by contacting the BVP Customer Support Center at
vests@usdoj.gov or toll free at 1–877–758–3787.
• A copy of the certification related to the mandatory wear can be found at:
www.bja.gov/Funding/12JAGBVPCert.pdf.
Interoperable Communications Guidance
• Grantees (including subgrantees) that are using FY 2012 JAG Program funds to support
emergency communications activities must comply with the FY 2012 SAFECOM Guidance
for Emergency Communication Grants, including provisions on technical standards that
ensure and enhance interoperable communications. Emergency communications activities
include the purchase of Interoperable Communications Equipment and technologies such as
voice-over-internet protocol bridging or gateway devices, or equipment to support the build
out of wireless broadband networks in the 700 MHz public safety band under the Federal
Communications Commission (FCC) Waiver Order. SAFECOM guidance can be found at
www.safecomprogram.gov.
• Grantees interested in developing a public safety broadband network in the 700 MHz band
in their jurisdictions must adhere to the technical standards set forth in the FCC Waiver
Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband
operations in the 700 MHz public safety band. The recipient shall also ensure projects
support the Statewide Communication Interoperability Plan (SCIP) and are fully coordinated
with the full-time Statewide Interoperability Coordinator (SWIC) in the state of the project. As
the central coordination point for their state’s interoperability effort, the SWIC plays a critical
role, and can serve as a valuable resource. SWICs are responsible for the implementation
of the SCIP through coordination and collaboration with the emergency response
community. The U.S. Department of Homeland Security Office of Emergency
Communications maintains a list of SWICs for each of the 56 states and territories. Contact
OEC@hq.dhs.gov if you are not familiar with your state or territory’s SWIC. If any future
regulatory requirement (from the FCC or other governmental entity) results in a material
technical or financial change in the project, the recipient should submit associated
documentation, and other material, as applicable, for review by the SWIC to ensure
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coordination. Grantees (and sub-grantees) must provide a listing of all communications
equipment purchased with grant award funding (plus the quantity purchased of each item) to
their assigned BJA State Policy Advisor once items are procured during any periodic
programmatic progress reports.
DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database
If JAG program funds will be used for DNA testing of evidentiary materials, any resulting eligible
DNA profiles must be uploaded to the Combined DNA Index System (CODIS), by a government
DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into
any other non-governmental DNA database without prior express written approval from BJA.
For more information, refer to the NIJ FY 2012 DNA Backlog Reduction Program, available at
ncjrs.gov/pdffiles1/nij/sl000989.pdf
Reporting Requirements
Once an award is accepted, award recipients must submit quarterly financial status (SF-425)
and annual programmatic reports through GMS, quarterly performance metrics reports (see
Performance Measures section below) through BJA’s Performance Measurement Tool (PMT),
and Federal Funding Accountability and Transparency Act (FFATA) reports through the FFATA
Sub-award Reporting System (FSRS) as necessary (see FFATA section below).
Performance Measures
To assist in fulfilling the Department’s responsibilities under the Government Performance and
Results Act of 1993 (GPRA), P.L. 103-62, and the GPRA Modernization Act of 2010, Public Law
111–352, applicants who receive funding under this solicitation must provide data that
measures the results of their work. Quarterly performance metrics reports must be submitted
through BJA’s Performance Measurement Tool (PMT) web site: www.bjaperformancetools.org.
The performance measure can be found at:
www.bjaperformancetools.org/help/ARRAJAGandJAGCombinedIndicatorGrid.pdf.
All JAG recipients should be aware that BJA is currently making changes to the JAG
performance reporting processes, including measures. While state administering agencies are
playing a role in the process, recipients are advised that the reporting requirements noted above
may be subject to modification through this process.
Submission of performance measures data is not required for the application. Instead,
applicants should discuss in their application their proposed methods for collecting data for
performance measures. Refer to the section “What an Application Should Include” on page 16
for additional information.
Note on Project Evaluations
Applicants that propose to use funds awarded through this solicitation to conduct project
evaluations should be aware that certain project evaluations (such as systematic investigations
designed to develop or contribute to generalizable knowledge) may constitute “research” for
purposes of applicable DOJ human subjects protection regulations. However, project
evaluations that are intended only to generate internal improvements to a program or service, or
are conducted only to meet OJP’s performance measure data reporting requirements likely do
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not constitute “research.” Applicants should provide sufficient information for OJP to determine
whether the particular project they propose would either intentionally or unintentionally collect
and/or use information in such a way that it meets the DOJ regulatory definition of research.
Research, for the purposes of human subjects protections for OJP-funded programs, is defined
as, “a systematic investigation, including research development, testing, and evaluation,
designed to develop or contribute to generalizable knowledge.” 28 C.F.R. § 46.102(d). For
additional information on determining whether a proposed activity would constitute research,
see the decision tree to assist applicants on the “Research and the Protection of Human
Subjects” section of the OJP Other Requirements for OJP Applications” web page
(www.ojp.usdoj.gov/funding/other_requirements.htm). Applicants whose proposals may involve
a research or statistical component also should review the “Confidentiality” section on that web
page.
Notice of Post-Award FFATA Reporting Requirement
Applicants should anticipate that OJP will require all recipients (other than individuals) of awards
of $25,000 or more under this solicitation, consistent with the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), to report award information on any first-tier subawards
totaling $25,000 or more, and, in certain cases, to report information on the names and total
compensation of the five most highly compensated executives of the recipient and first-tier
subrecipients. Each applicant entity must ensure that it has the necessary processes and
systems in place to comply with the reporting requirements should it receive funding. Reports
regarding subawards will be made through the FFATA Subaward Reporting System (FSRS),
found at www.fsrs.gov.
Note also that applicants should anticipate that no subaward of an award made under this
solicitation may be made to a subrecipient (other than an individual) unless the potential
subrecipient acquires and provides a Data Universal Numbering System (DUNS) number.
Priorities
BJA recognizes that the downturn in the economy has resulted in significant pressures on state
and local criminal justice systems. In these challenging times, shared priorities and leveraged
resources can make a significant impact. In light of this, it is important to make SAAs and local
JAG recipients aware of several areas of priority that may be of help in maximizing the
effectiveness of JAG funding at the state and local level.
As an overall framework for success, we encourage both state and local comprehensive justice
planning, bringing all of the system stakeholders together—including law enforcement, courts,
prosecutors, defenders, corrections officials, and other stakeholders (including victims and
victim advocates)—to create a comprehensive and strategic justice plan to ensure coordination
and a more effective justice system.
In addition to our longstanding and unwavering commitment to keeping violent crime at its
lowest level in decades, the following priorities represent key areas where we will be focusing
nationally and invite each state and local JAG recipient to join us in addressing these challenges
as a part of our JAG partnership.
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Funding Evidence-Based Programs
BJA strongly encourages state and local planners to fund programs that are evidence-based
and have been proven effective. In the current difficult budgetary climate, it is more critical than
ever that JAG dollars are spent on programs with proven effectiveness.
Questions often arise about what is meant by evidence-based programs. OJP considers
programs and practices to be evidence-based when their effectiveness has been demonstrated
by causal evidence (generally obtained through one or more outcome evaluations). Causal
evidence documents a relationship between an activity or intervention (including technology)
and its intended outcome, including measuring the direction and size of a change, and the
extent to which a change may be attributed to the activity or intervention. Causal evidence
depends on the use of scientific methods to rule out, to the extent possible, alternative
explanations for the documented change. The strength of causal evidence, based on the factors
described above, will influence the degree to which OJP considers a program or practice to be
evidence-based.
In 2011, OJP made an excellent online tool available to criminal justice practitioners and policy
makers to identify evidence based programs that are effective or promising. CrimeSolutions.gov
is the OJP online resource about what works in criminal justice, juvenile justice, and crime victim
services. Using certified expert reviewers, CrimeSolutions.gov provides detailed information and
evidence ratings of programs that may fall within the JAG purpose areas. Launched in June
2011, CrimeSoultions.gov features multiple, user-friendly search options; easy to read program
profiles and evaluation summaries from over three decades of research; and recognizable
evidence ratings by certified reviewers with research and subject area expertise .
CrimeSolutions.gov is intended to increase the use of evidence-based programs in criminal
justice, juvenile justice and victim services settings; inform practitioners and policy makers about
what works using the best available evidence; and help state and local jurisdictions address
crime effectively and efficiently. BJA urges SAAs and local jurisdictions to use information
available in CrimeSolutions.gov in making funding decisions.
Criminal Justice Planning
Jurisdictions are strongly encouraged to use JAG funding to support their existing strategic plan.
If such a plan does not now exist, jurisdictions are encouraged to develop and undertake a
strategic planning process, using a community engagement model, in order to guide spending
under this and future fiscal year allocations. Training and technical assistance (TTA) is available
from BJA’s TTA providers to assist localities with the development of their strategic planning
process and their plan to fund evidence-based projects. To ensure that the impact of Byrne JAG
funding decisions is considered across the entire criminal justice system, we are redoubling our
efforts to encourage state and local jurisdictions to bring all system stakeholders together in the
strategic planning process. Our recommended guidelines are that at a minimum, the strategic
planning process includes law enforcement, courts, prosecutors, indigent defense providers,
victim advocates, and corrections and community corrections officials. BJA will continue to
provide valuable technical assistance in 2012 through the National Criminal Justice Association
(NCJA) for comprehensive criminal justice planning that includes bringing all criminal justice
stakeholders to the table to develop innovative strategies to improve the fair administration of
justice. For more information, see the National Center for Justice Planning web site.
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Recidivism Reduction and Community Corrections
In this time of fiscal austerity and smaller state and local budgets, reducing the overall costs of
incarceration in a manner that promotes public safety is a paramount goal. Effective community
supervision coupled with evidence-based program interventions can result in significant
reductions in recidivism. A priority funding area is the implementation of effective pre-trial
services programs and innovative programs and approaches in probation and parole
supervision that improve services to offenders and increase collaborative efforts among
community supervision agencies with law enforcement and the courts. This includes
development and implementation of strategies for the identification, supervision, and treatment
of medium- to high-risk offenders that demonstrate the integration, use, and efficacy of
evidenced-based practices and principles in the improvement of the delivery of probation and/or
parole supervision strategies and practices.
Indigent Defense
Another key priority area is ensuring that justice is truly done in the criminal justice system is
support for indigent defense. BJA continues to encourage states and SAAs to use JAG funds to
support the vital needs of the indigent defense community. Attorney General Holder has
consistently stressed that the crisis in indigent defense reform is a serious concern which must
be addressed if true justice is to be achieved in our nation. In 2002, the American Bar
Association (ABA) published Ten Principles of a Public Defense Delivery System which
represent fundamental building blocks for implementing quality legal representation for indigent
defendants. (See ABA Ten Principles.)
Evidence-Based “Smart Policing” Programs
As a result of the current fiscal crisis, many police departments are experiencing unprecedented
budget cuts, layoffs and reductions in force. These challenges must be met by making wider
use of advancements in the law enforcement field in the last several decades which rely on use
of data, crime analysis, crime mapping and other analytic tools, cutting edge technology, and
research and evaluations regarding effective policing strategies and programs. A useful matrix
of evidence-based policing programs and strategies is available through the Center for
Evidence-Based Policy at George Mason University and provides valuable information on
policing strategies and programs that work. BJA encourages states to use JAG funds to support
these “smart policing” strategies, including a focus on real time crime analysis centers (CACs),
and effective partnerships with universities and research partners and with non-traditional
criminal justice partners. Counterterrorism continues to be the number one priority for the
Department of Justice. At the state and local level, high functioning, evidence-based, data
driven public safety agencies are a critical component of our nation’s “all crimes” strategy. In
addition, the JAG Program has long supported effective and collaborative multi-jurisdictional
task forces and justice information sharing programs, which continue as a priority in order to
maintain our nation’s historic reductions in violent crime.
Officer Safety and Wellness
Law enforcement safety and wellness issues are an important priority for the Department of
Justice, have become highly visible as recent trends have shown an increase in law
enforcement deaths. According to the National Law Enforcement Officers Memorial Fund, 2011
showed a 16 percent increase in law enforcement fatalities with a 20 percent increase in
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firearms-related fatalities. The Department of Justice is taking a holistic approach to addressing
officer safety and wellness by providing training and technical assistance to state and local law
enforcement, as well as studying law enforcement injuries. BJA encourages states and local
jurisdictions to use JAG funds to support this priority area by providing training—such as paying
for tuition and travel expenses related to attending trainings like the VALOR training—as well as
providing start-up funding for health and wellness programs to law enforcement agencies.
How To Apply
Applications are submitted through OJP’s Grants Management System (GMS). GMS is a web-
based, data-driven computer application that provides cradle to grave support for the
application, award, and management of awards at OJP. Applicants must register in GMS for
each specific funding opportunity and should begin the process immediately to meet the GMS
registration deadline, especially if this is the first time using the system. Complete instructions
on how to register and submit an application in GMS can be found at
www.ojp.usdoj.gov/gmscbt/. If the applicant experiences technical difficulties at any point during
this process, e-mail GMS.HelpDesk@usdoj.gov or call 888-549-9901 (option 3), Monday–Friday
from 6:00 a.m. to midnight eastern time, except federal holidays. OJP highly recommends that
applicants start the registration process as early as possible to prevent delays in submitting an
application package by the specified application deadline.
All applicants should complete the following steps:
1. Acquire a Data Universal Numbering System (DUNS) number. In general, the Office of
Management and Budget requires that all applicants (other than individuals) for federal
funds include a DUNS number in their application for a new award or renewal of an existing
award. A DUNS number is a unique nine-digit sequence recognized as the universal
standard for identifying and keeping track of entities receiving federal funds. The identifier is
used for tracking purposes and to validate address and point of contact information for
federal assistance applicants, recipients, and subrecipients. The DUNS number will be used
throughout the grant life cycle. Obtaining a DUNS number is a free, one-time activity. Obtain
a DUNS number by calling Dun and Bradstreet at 866-705-5711 or by applying online at
www.dnb.com. A DUNS number is usually received within 1-2 business days.
2. Acquire or renew registration with the Central Contractor Registration (CCR)
database. OJP requires that all applicants (other than individuals) for federal financial
assistance maintain current registrations in the CCR database. The CCR database is the
repository for standard information about federal financial assistance applicants, recipients,
and subrecipients. Organizations that have previously submitted applications via Grants.gov
are already registered with CCR, as it is a requirement for Grants.gov registration. Note,
however, that applicants must update or renew their CCR registration annually to
maintain an active status. Information about CCR registration procedures can be accessed
at www.ccr.gov.
3. Acquire a GMS username and password. A new user must create a GMS profile by
selecting the “First Time User” link under the sign-in box of the GMS home page. For more
information on how to register in GMS, go to www.ojp.usdoj.gov/gmscbt/.
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4. Verify the CCR registration in GMS. OJP requests that all applicants verify their CCR
registration in GMS. Once logged into GMS, click the “CCR Claim” link on the left side of the
default screen. Click the submit button to verify the CCR registration.
5. Search for the funding opportunity on GMS. After logging into GMS or completing the
GMS profile for username and password, go to the “Funding Opportunities” link on the left
side of the page. Select the Bureau of Justice Assistance and the Edward Byrne Memorial
Justice Assistance Grant (JAG) Program—Local Solicitation.
6. Register by selecting the “Apply Online” button associated with the solicitation title.
The search results from step 5 will display the solicitation title along with the registration and
application deadlines for this funding opportunity. Select the “Apply Online” button in the
“Action” column to register for this solicitation and create an application in the system.
7. Complete the Disclosure of Lobbying Activities. All applicants must complete this
information and submit the form in GMS. An applicant that expends any funds for lobbying
activities must provide the detailed information requested on the form, Disclosure of
Lobbying Activities, (SF-LLL). An applicant that does not expend any funds for lobbying
activities should enter “N/A” in the required highlighted fields. Access the form at
www.ojp.gov/funding/forms/disclosure.pdf.
8. Submit an application consistent with this solicitation by following the directions in
GMS. Once submitted, GMS will display a confirmation screen stating the submission was
successful. Important: In some instances, an applicant must wait for GMS approval before
submitting an application. Applicants are urged to submit the application at least 72 hours
prior to the due date of the application.
Note: OJP’s Grants Management System (GMS) does not accept executable file types as
application attachments. These disallowed file types include, but are not limited to, the
following extensions: “.com,” “.bat,” “.exe,” “.vbs,” “.cfg,” “.dat,” “.db,” “.dbf,” “.dll,” “.ini,” “.log,”
“.ora,” “.sys,” and “.zip.”
Note: Duplicate Applications
If an applicant submits multiple versions of an application, BJA will review the most recent
version submitted.
Experiencing Unforeseen GMS Technical Issues
If an applicant experiences unforeseen GMS technical issues beyond the applicant’s control that
prevent submission of its application by the deadline, the applicant must contact the BJA
Programs Office staff within 24 hours after the deadline and request approval to submit the
application. At that time, BJA Programs Office staff will instruct the applicant to submit specific
information detailing the technical difficulties. The applicant must e-mail: a description of the
technical difficulties, a timeline of submission efforts, the complete grant application, the
applicant DUNS number, and GMS Help Desk tracking number(s) received. Note: Requests
are not automatically approved by BJA. After the program office reviews all of the information
submitted, and contacts the GMS Help Desk to validate the technical issues reported, OJP will
contact the applicant to either approve or deny the request to submit a late application. If the
technical issues reported cannot be validated, the application will be rejected as untimely.
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The following conditions are not valid reasons to permit late submissions: (1) failure to begin the
registration process in sufficient time, (2) failure to follow GMS instructions on how to register
and apply as posted on its Web site, (3) failure to follow all of the instructions in the OJP
solicitation, and (4) technical issues experienced with the applicant’s computer or information
technology (IT) environment, including firewalls.
Notifications regarding known technical problems with GMS, if any, are posted at the top of the
OJP funding web page, www.ojp.usdoj.gov/funding/solicitations.htm.
What an Application Should Include
Applicants should anticipate that failure to submit an application that contains all of the specified
elements may negatively affect the review of the application and, should a decision be made to
make an award, will result in the inclusion of special conditions that preclude access to or use of
award funds pending satisfaction of the conditions.
Refer to the BJA Grant Writing and Management Academy and OJP 101 for an overview of
what should be included in each application requirement. These trainings can be found at
bja.ncjrs.gov/gwma/index.html and www.ojp.gov/grants101/.
OJP strongly recommends use of appropriately descriptive file names (e.g., “Program
Narrative,” “Budget and Budget Narrative,” “Memoranda of Understanding,” etc.) for all required
attachments.
1. Information to Complete the Application for Federal Assistance (SF-424)
The SF-424 is a standard form required for use as a cover sheet for submission of pre-
applications, applications, and related information. Grants.gov and GMS take information
from the applicant’s profile to populate the fields on this form.
2. Program Narrative
Applicants must submit a program narrative that generally describes the proposed program
activities for the four year grant period. The narrative must outline the type of programs to be
funded by the JAG award and provide a brief analysis of the need for the programs.
Narratives must also identify anticipated coordination efforts involving JAG and related
justice funds. Certified disparate jurisdictions submitting a joint application must specify the
funding distribution to each disparate unit of local government and the purposes for which
the funds will be used.
Failure to submit this required information will result in an application being returned
in the Grants Management System (GMS) for inclusion of the missing information OR
the attachment of a withholding of funds special condition at the time of award.
3. Budget and Budget Narrative
Applicants must submit a budget and budget narrative outlining how JAG funds, including
administrative funds if applicable, will be used to support and implement the program. This
narrative should include a full breakdown of administrative costs, as well as an overview of
how funds will be allocated across approved JAG purpose areas. Applicants should utilize
the following approved budget categories to label the requested expenditures: Personnel,
Fringe Benefits, Travel, Equipment, Supplies, Consultants/Contracts, and an Other
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category. For informational purposes only, a sample budget form may be found at
www.ojp.usdoj.gov/funding/forms/budget_detail.pdf.
Failure to submit this required information will result in an application being returned
in the Grants Management System (GMS) for inclusion of the missing information OR
the attachment of a withholding of funds special condition at the time of award.
4. Review Narrative
Applicants must submit information documenting that the date the JAG application was
made available for review to the governing body, or to an organization designated by that
governing body, on a date not less than 30 days before the application was submitted to
BJA. The attachment must also specify that an opportunity to comment was provided to
citizens to the extent applicable law or established procedures make such opportunity
available.
Failure to submit this required information will result in an application being returned
in the Grants Management System (GMS) for inclusion of the missing information OR
the attachment of a withholding of funds special condition at the time of award.
5. Abstract
Applicants must provide an abstract that includes the applicant's name, title of the project,
goals of the project, and a description of the strategies to be used. In addition, above or
below the abstract narrative, applicants must identify up to five project identifiers that
would be associated with proposed project activities. The list of all identifiers can be found at
www.bja.gov/programs/jag/jag12/12JAGIdentifiers.pdf. The abstract should not exceed a
half-page, or 400-500 words.
Failure to submit this required information will result in an application being returned
in the Grants Management System (GMS) for inclusion of the missing information OR
the attachment of a withholding of funds special condition at the time of award.
6. Tribal Authorizing Resolution (if applicable)
If an application is being submitted by either (1) a tribe or tribal organization or (2) a third
party proposing to provide direct services or assistance to residents on tribal lands, then a
current authorizing resolution of the governing body of the tribal entity or other enactment of
the tribal council or comparable governing body authorizing the inclusion of the tribe or tribal
organization and its membership should be included with the application. In those instances
when an organization or consortium of tribes proposes to apply for a grant on behalf of a
tribe or multiple specific tribes, then the application should include a resolution (or
comparable legal documentation, as may be applicable) from all tribes that will be included
as a part of the services/assistance provided under the grant. A consortium of tribes for
which existing consortium bylaws allow action without support from all tribes in the
consortium (i.e., without authorizing resolution or other enactment of each tribal governing
body) may submit a copy of its consortium bylaws with the application in lieu of tribal
resolutions (or comparable legal documentation).
If an applicant is unable to obtain and submit with its application a fully-executed (i.e.,
signed) copy of a tribal resolution or other, comparable legal documentation as may be
consistent with the tribe’s governance structure, then, at minimum, the applicant should
submit an unsigned, draft version of such legal documentation as part of its application
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(except in cases where, with respect to a tribal consortium applicant, consortium bylaws
allow action without the support of all consortium member tribes). If selected for funding, use
of and access to funds will be contingent on receipt of the fully-executed tribal resolution or
other, comparable legal documentation.
7. Additional Attachments (if applicable)
Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint
application for the aggregate eligible allocation to all disparate municipalities. The joint
application must determine and specify the award distribution to each unit of local
government and the purposes for which the funds will be used. When beginning the JAG
application process, a Memorandum of Understanding (MOU) that identifies which
jurisdiction will serve as the applicant/fiscal agent for joint funds, must be completed, and
signed by the Authorized Representative for each participating jurisdiction. The signed MOU
must be attached to the application. For a sample MOU, go to
www.bja.gov/Funding/JAGMOU.pdf.
Failure to submit this required information will result in an application being change
requested in the Grants Management System (GMS) for inclusion of the missing
information OR the attachment of a withholding special condition at the time of award
if time does not permit for a change request process.
8. Other Standard Forms
Additional forms that may be required in connection with an award are available on
OJP’s funding page at www.ojp.usdoj.gov/funding/forms.htm. For successful applicants,
receipt of funds may be contingent upon submission of all necessary forms. Note in
particular the following forms:
a. Standard Assurances
Applicants must read, certify, and submit this form in GMS prior to the receipt of any
award funds.
b. Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility
Matters; and Drug-Free Workplace Requirements
Applicants must read, certify and submit in GMS prior to the receipt of any award funds.
c. Accounting System and Financial Capability Questionnaire (required for any applicant
other than an individual that is a non-governmental entity and that has not received any
award from OJP within the past 3 years; this form must be downloaded, completed, and
submitted)
Review Process
OJP is committed to ensuring a fair and open process for awarding grants. BJA reviews the
application to make sure that the information presented is reasonable, understandable,
measurable, and achievable, as well as consistent with the solicitation. Applications for formula
awards will be reviewed to ensure statutory requirements have been met.
Absent explicit statutory authorization or written delegation of authority to the contrary, all final
grant award decisions will be made by the Assistant Attorney General (AAG).
Grand Island Council Session - 4/10/2012 Page 37 / 239
BJA-2012-3256
OMB No. 1121-0329
Approval Expires 02/28/2013
19
Additional Requirements
Applicants selected for awards must agree to comply with additional legal requirements upon
acceptance of an award. OJP strongly encourages applicants to review the information
pertaining to these additional requirements prior to submitting your application. Additional
information for each requirement can be found at
www.ojp.usdoj.gov/funding/other_requirements.htm.
• Civil Rights Compliance
• Faith-Based and Other Community Organizations
• Confidentiality
• Research and the Protection of Human Subjects
• Anti-Lobbying Act
• Financial and Government Audit Requirements
• National Environmental Policy Act (NEPA)
• DOJ Information Technology Standards (if applicable)
• Single Point of Contact Review
• Nonsupplanting of State or Local Funds
• Criminal Penalty for False Statements
• Compliance with Office of Justice Programs Financial Guide
• Suspension or Termination of Funding
• Nonprofit Organizations
• For-Profit Organizations
• Government Performance and Results Act (GPRA)
• Rights in Intellectual Property
• Federal Funding Accountability and Transparency Act (FFATA) of 2006
• Awards in excess of $5,000,000 – federal taxes certification requirement
• Active CCR Registration
Grand Island Council Session - 4/10/2012 Page 38 / 239
BJA-2012-3256
OMB No. 1121-0329
Approval Expires 02/28/2013
20
Provide Feedback to OJP on This Solicitation
To assist OJP in improving its application and award processes, we encourage applicants to
provide feedback on this solicitation, application submission process, and/or the application
review/peer review process. Feedback can be provided to
OJPSolicitationFeedback@usdoj.gov.
Grand Island Council Session - 4/10/2012 Page 39 / 239
BJA-2012-3256
OMB No. 1121-0329
Approval Expires 02/28/2013
21
Application Checklist
FY 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program:
Local Solicitation
The application checklist has been created to assist in developing an application.
Eligibility Requirement:
_____ The jurisdiction listed as the legal name on the application corresponds with the eligible
jurisdiction listed on BJA’s JAG web page
_____ The federal amount requested is within the allowable limit of the FY 2012 JAG
Allocations List as listed on BJA’s JAG web page
What an Applications Should Include:
_____ Standard 424 Form (see page 16)
_____ Program Narrative (see page 16)
_____ Budget and Budget Narrative (see page 16)
_____ Review Narrative (the date the JAG application was made available to the governing
body for review and that it was provided to the public for comment) (see page 17)
_____ Abstract (see page 17)
_____ Tribal Authorizing Resolution (if applicable) (see page 17)
_____ Disclosure of Lobbying Activities (SF-LLL) (see page 15)
_____ Additional Attachments (if applicable) (see page 18);
_____ Other Standard Forms as applicable (see page 18), including:
_____ Accounting System and Financial Capability Questionnaire (if applicable)
_____ DUNS Number (see page 14)
_____ CCR Registration (see page 14)
Grand Island Council Session - 4/10/2012 Page 40 / 239
Justice Assistance Grant
Budget Detail Worksheet
City of Grand Island
Funding Opportunity CFDA # 16.738
Grant Period: 10-1-12 to 9-30-16
Total Direct Award: $29,838.00
The City of Grand Island Police Department: $22,379.00
Hall County Sheriff’s Department: $7,459.00
TOTAL: $29,838.00
City of Grand Island, Police Department.
$22,379.00 toward police equipment
Hall County Sheriff’s Department
$7,459.00 toward police equipment
TOTAL: $29,838.00
Grand Island Council Session - 4/10/2012 Page 41 / 239
Edward Byrne Memorial Justice Assistance Grant Program
CFDA NUMBER: 16.738
THE STATE OF NEBRASKA
COUNTY OF HALL
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF GRAND ISLAND, NEBRASKA
AND COUNTY OF HALL, NEBRASKA
2012 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This agreement is made and entered into this 10th day of April, 2012, by and between
The County of Hall, acting by and through its governing body, The Hall County Board of
Supervisors, hereinafter referred to as COUNTY, and the CITY of Grand Island, acting
by and through its governing body, the City Council, hereinafter referred to as CITY,
both of Hall County, State of Nebraska, witnesseth:
WHEREAS, the City and County may apply for a direct award from the Justice
Assistance Grant Program in the amount of $29,838.00 and the City shall act as fiscal
agent for this award and file the joint application on behalf of the City and County: and
WHEREAS, each governing body, in performing governmental functions or in paying
for the performance of governmental functions hereunder, shall make that performance or
those payments from current revenues legally available to that party: and
WHEREAS, each governing body finds that the performance of this agreement is in the
best interests of both parties, that the undertaking will benefit the public, and that the
division of costs fairly compensates the performing party for the services or functions
under this agreement: and
WHEREAS, the CITY agrees to provide the COUNTY 25% of the award; $7,459.00
from the $29,838.00 JAG award: and
WHERAS, the CITY and COUNTY believe it to be in their best interests to reallocate
the JAG funds.
NOW THEREFORE, the COUNTY and City agree as follows:
Page 1 of 2
Grand Island Council Session - 4/10/2012 Page 42 / 239
Section 1.
CITY agrees to pay COUNTY a total of 25% ($7,459.00) of the 2012 JAG funds
($29,838.00).
CFDA NUMBER: 16.738
Section 2.
COUNTY agrees to use the $7,459.00 of 2012 JAG funds by 9-30-2016.
Section 3.
Each party to this agreement will be responsible for its own actions in providing services
under this agreement and shall not be liable for any civil liability that may arise from the
furnishing of the services by the other party.
CITY OF GRAND ISLAND, NEBRASKA COUNTY OF HALL, NEBRASKA
_______________________________ _____________________________
Mayor Board Chairperson
ATTEST:
_______________________________ _____________________________
City Clerk County Clerk
Page 2 of 2
Grand Island Council Session - 4/10/2012 Page 43 / 239
Justice Assistance Grant
Program Narrative
City of Grand Island
Funding Opportunity CFDA # 16.738
Grant Period: 10-1-12 to 9-30-16
Program #1: Law Enforcement Equipment Purchase – City of Grand Island,
Police Department.
The City of Grand Island is proposing to purchase equipment for use in by
the Grand Island Police Department to improve effectiveness and safety.
Program #2: Law Enforcement Equipment Purchase – Hall County Sheriff’s
Department (Disparate Agency).
The City of Grand Island is proposing to allocate 25% of the total grant to
the Hall County Sheriff’s Department, who proposes the purchase of police
equipment to improve effectiveness and safety.
Grand Island Council Session - 4/10/2012 Page 44 / 239
Page 1 of 2
REVIEW NARRATIVE
Edward Byrne Memorial Justice Assistance Grant Program
CFDA NUMBER: 16.738
The JAG application was made available for review by the governing body on
April 10, 2012 as Council Agenda Item
The application was made public and opportunity for comment was made
available to citizens on the City Council meeting of April 10, 2012 as Council
Agenda Item
MOU is attached as a separate document
Grand Island Council Session - 4/10/2012 Page 45 / 239
NE
2012 NEBRASKA JAG ALLOCATIONS
Listed below are all jurisdictions in the state that are eligible for FY 2012 JAG funding, as determined
by the JAG formula. If your jurisdiction is listed with another city or county government in a shaded
area, you are in a funding disparity. In this case, the units of local government must develop a
Memorandum of Understanding (MOU) and apply for an award with a single, joint application.
Finding your jurisdiction:(1) Disparate jurisdictions are listed in shaded groups below, in alphabetic
order by county.(2) Eligible individual allocations are listed alphabetically below the shaded,
disparate groupings.
Counties that have an asterisk (*) under the “Eligible Individual Allocation" column did not submit
the level of violent crime data to qualify for a direct award from BJA, but are in the disparate grouping
indicated by the shaded area. The JAG legislation requires these counties to remain a partner with
the local jurisdictions receiving funds and must be a signatory on the required Memorandum of
Understanding (MOU). A sample MOU is provided online at:
https://www.bja.gov/Funding/JAGMOU.pdf. Disparate jurisdictions do not need to abide by the listed
individual allocations, which are provided for information only. Jurisdictions in a funding disparity
are responsible for determining individual amounts within the Eligible Joint Allocation and for
documenting individual allocations in the MOU. For additional details regarding the JAG formula and
award calculation process, with examples, please refer to the updated JAG Technical report:
https://www.bja.gov/Publications/JAGTechRpt.pdf.
For JAG Frequently Asked Questions, please refer to BJA's JAG webpage:
https://www.bja.gov/Funding/JAGFAQ.pdf.
State Jurisdiction Name Government
Type
Eligible
Individual
Allocation
Eligible
Joint
Allocation
NE DOUGLAS COUNTY County $26,699
NE OMAHA CITYOMAHA CITY MiilMunicipal $374 769$374,769 $401 468$401,468
NE HALL COUNTY County *
NE GRAND ISLAND CITY Municipal $29,838 $29,838
NE LANCASTER COUNTY County *
NE LINCOLN CITY Municipal $190,600 $190,600
NE SARPY COUNTY County *
NE BELLEVUE CITY Municipal $10,855 $10,855
NE OMAHA TRIBE Tribal $12,861
Local total $645,622
Grand Island Council Session - 4/10/2012 Page 46 / 239
ABSTRACT
City of Grand Island – Grand Island Police Department
TITLE: GIPD and HCSO 2012 JAG Equipment
Goal: Purchase police equipment toward improving police services and safety
Strategy: Purchase police equipment that will help officer’s effectiveness and/or safety.
The top five project identifiers are:
Community Policing
Gangs
Officer Safety
Policing
Court Security
Grand Island Council Session - 4/10/2012 Page 47 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item E3
Public Hearing on the Semi-Annual Report by the Citizens’ Review
Committee on the Economic Development Program Plan
Staff Contact: Lisa Willman, Chairman
Grand Island Council Session - 4/10/2012 Page 48 / 239
Council Agenda Memo
From:Mary Lou Brown, City Administrator
Meeting:April 10, 2012
Subject:Public Hearing Concerning the Semi-Annual Report by
the Citizen’s Review Committee on the Economic
Development Program Plan
Item #’s:E-3 & G-16
Presenter(s):Mary Lou Brown, City Administrator
Lisa Willman, Chairman,
Citizen’s Advisory Review Committee
Background
The voters of the City of Grand Island approved an economic development plan at the
May 6, 2003 election. Subsequent to the election, the city has adopted an ordinance that
establishes the economic development plan and a Citizens’ Advisory Review Committee
to oversee the process of approving applications for economic development incentives.
The Citizens Advisory Review Committee is required by State Statute and the Grand
Island City Code to make a semi-annual report to the City Council.
Discussion
The Citizens Advisory Review Committee has been conducting regular meetings during
the last six months as required by the City Code and the Nebraska Statutes. The
committee looks forward to receiving and reviewing meritorious applications for
consideration in the future. The committee received the semi-annual report from the
Economic Development Corporation at its meeting of April 3, 2012, and voted to forward
it on to the City Council for its review and acceptance.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Accept the semi-annual report of the Citizens’ Advisory Review Committee.
Grand Island Council Session - 4/10/2012 Page 49 / 239
2.Do not accept the semi-annual report of the Citizens’ Advisory Review
Committee.
Recommendation
City Administration recommends that the Council accept the semi-annual report of the
Citizens’ Advisory Review Committee.
Sample Motion
Move to accept the semi-annual report of the Citizens’ Advisory Review Committee.
Grand Island Council Session - 4/10/2012 Page 50 / 239
2012 Mid-year LB-840 Report
Prepared by: Marlan Ferguson, President
Look around Grand Island today. Through past leadership, visioning, listening, hard work, and
planning Grand Island has and will continue to grow. Strong leadership is the secret to our success.
Grand Island is very fortunate to have a large manufacturing sector of jobs. Almost 20% of all jobs in
our community are manufacturing. With the rest of the nation experiencing a depressed economy, the
number of firms outside of Grand Island area looking to locate here is very limited. Thus, the best
opportunities for growth lie within our existing community. In 2011 there were over 700 new jobs
created. We saw major expansion from Case IH, Standard Iron, Hornady Manufacturing, Global
Industries, and of course Chief Industries. We also are experiencing additional growth in the secondary
job market with the expansion of Olive Garden, Buffalo Wings, Panera Bread, Freddy’s, Road House,
Napoli’s and Fed-X, just to name a few. It is encouraging to see this positive growth continue.
It is no secret that thousands of new jobs have been created as a result of performance-based
incentives, tax increment financing, job training funds, and other programs. These new and growing
businesses have led to increased construction, new buildings, and more employees who are investing in
homes, buying cars, and supporting local retailers. This strong business activity means more money
coming into our community, broadening our tax base – which means there are more businesses and
residents to help share the tax load. This is why the LB-840 economic development program is so
important to everyone living in Grand Island.
In fact, our top 2012 goal for the EDC is to make sure voters again approve the passage of LB-840.
The basic idea behind the current economic development program was for our community to grow, we
need new businesses in the area and we need existing businesses to expand. There have been over
3,300 new jobs created in Grand Island since 2003. These jobs have an estimated payroll of more than
$36 million every year. Over $3.9 million in total real estate taxes from 2003 to 2011 alone; and over
$26 million in real estate valuation during that same time.
In almost every way, Grand Island is definitely on a roll! We’ve become a major destination city with
the Nebraska State Fair and the Heartland Event Center. Our status as a regional trade center is
underscored by our quality health care, excellent educational opportunities, and the recent growth of
new retail establishments, restaurants and hotel facilities.
As we approach the final year of the current program, many of our LB-840 projects have fulfilled some
or all of their contractual obligations. During the past six (6) months seven (7) companies were notified
of their compliance: Ace Machine Shop, Standard Iron, Case IH #1, Heritage Disposal and Storage,
Love Signs, O’Neill Wood Resources, and Rogue Mfg.
2012 is an important year for Grand Island Area Economic Development Corporation and our
community. You can be assured that our board and staff will be rolling up our sleeves to guarantee the
renewal of LB-840 and with your help, we’ll continue to add good full time jobs to our community.
Working together we can help take Grand Island to the next level!
Grand Island Council Session - 4/10/2012 Page 51 / 239
2012 Board of Trustees
Ann Martin, Chairman
Idea Bank Marketing
Tom Pirnie, Vice Chairman
G.I. Express
Tom Gdowski, Secretary/Treasurer
Equitable Bank
Roger Bullington
Chief Buildings
KC Hehnke
Jerry’s Sheetmetal, Inc.
Jay Kaspar
INSUR, Inc.
Galen Stehlik
Lauritsen, Brownell, Brostrom & Stehlik
William “Bill” Westering
Westering Enterprises
Advisory Board Members
Mayor Jay Vavricek
Peg Gilbert
Mary Lou Brown
Pam Lancaster
Dr. Lynn Black
Dr. Rob Winter
Cindy Johnson
Terry Pfeifer
Jim Hartman
Randy Kissinger
Mike Olson
Grand Island Council Session - 4/10/2012 Page 52 / 239
Grand Island Area Economic
Development Corporation
Recap of the LB-840 Program
April 10, 2012
Grand Island Council Session - 4/10/2012 Page 53 / 239
LB840 ECONOMIC DEVELOPMENT FUND RECONCILIATION
Contribution by the City for Economic Development
Fund 238-A/C #23811402
DATE RECEIPTS PAYMENTS DETAIL BALANCE
FISCAL 2004 City transfer to LB-840 Fund
10/31/2003 400,000.00 City transfer to LB-840 Fund $400,000.00
11/17/2003 76,305.00 Grant received for paving $476,305.00
12/09/2003 (76,305.00) GIAEDC, for Gold Core Road paving $400,000.00
02/11/2004 38,005.00 Grant received for paving $438,005.00
06/08/2004 (38,005.00) GIAEDC, for Gold Core Road paving $400,000.00
08/10/2004 (200,000.00) GIAEDC, for Standard Iron $200,000.00
2004 2,403.00 Interest earned $202,403.0020042,403.00 Interest earned $202,403.00
2004 (22,500.00) City administrative fee $179,903.00
FISCAL 2005
10/12/2004 (100,000.00) GIAEDC, for Heritage Disposal $79,903.00
03/01/2005 400,000.00 City transfer to LB-840 Fund $479,903.00
04/12/2005 (42,000.00) GIAEDC, for Love Signs $437,903.00
05/10/2005 (200,000.00) GIAEDC, for CXT $237,903.00
2005 10,434.81 Interest earned $248,337.81
2005 (22,500.00) City administrative fee $225,837.81
FISCAL 2006
10/31/2005 750,000.00 City transfer to LB-840 Fund $975,837.81
10/31/2005 (22,500.00) City administrative fee $953,337.81
11/08/2005 (350,000.00) GIAEDC Annual Funding Request $603,337.81
05/31/2006 (13.16) Grand Island Independent, Public Notice $603,324.65
08/08/2006 (20,000.00) J.C. Doyle, Inc/LTD $583,324.65
9/30/2006 13,992.58 Interest earned $597,317.23Grand Island Council Session - 4/10/2012 Page 54 / 239
FISCAL 2007
10/1/2006 750,000.00 City transfer to LB-840 Fund $1,347,317.23
10/10/2006 (350,000.00) GIAEDC Annual Funding Request $997,317.23
10/1/2006 (22,500.00) City administrative fee $974,817.23
11/28/2006 (45,000.00) O'Neill Wood Resources $929,817.23
11/28/2006 (325,000.00) CNH America, LLC expansion $604,817.23
05/22/2007 (154,000.00) Hornady Manufacturing, Inc.$450,817.23
05/22/2007 (330,000.00) Principal Life Insurance Co.$120,817.23
9/20/2007 27,259.19 Interest earned YTD $148,076.42
FISCAL 2008
11/30/2007 750,000.00 City transfer to LB-840 Fund $898,076.42
11/13/2007 (350,000.00) GIAEDC Annual Funding Request $548,076.4211/13/2007 (350,000.00) GIAEDC Annual Funding Request $548,076.42
11/13/2007 (22,500.00) City administrative fee $525,576.42
3/11/2008 (160,000.00) Nova Tech, Inc.$365,576.42
3/11/2008 (70,000.00) Hastings Foods, Inc.$295,576.42
09/30/2008 19,015.70 Interest earned YTD $314,592.12
FISCAL 2009
10/31/2008 750,000.00 City transfer to LB-840 Fund $1,064,592.12
10/31/2008 (22,500.00) City administrative fee $1,042,092.12
10/31/2008 (350,000.00) GIAEDC Annual Funding Request $692,092.12
12/23/2008 300,000.00 Principal Life Insurance Co.-Paid back loan $992,092.12
02/24/2009 (32,500.00) Ace Machine Shop & Sales $959,592.12
09/30/2009 14,854.36 Interest earned YTD $974,446.48
09/30/2009 0.41 Adjust to actual cash balance $974,446.89
Grand Island Council Session - 4/10/2012 Page 55 / 239
FISCAL 2010
10/13/2009 750,000.00 City transfer to LB-840 Fund $1,724,446.89
10/13/2009 (350,000.00) GIAEDC Annual Funding Request $1,374,446.89
10/13/2009 (22,500.00) City administrative fee $1,351,946.89
12/29/2009 (600,000.00) Stuctured Solutions $751,946.89
05/19/2010 14,000.00 Love Signs-pay back loan $765,946.89
08/31/2010 11,767.12 Interest earned thru 8/31/10 $777,714.01
09/28/2010 (200,000.00) Hornady Manufacturing, Inc.$577,714.01
09/30/2010 432.91 Interest earned $578,146.92
FISCAL 2011
10/01/2010 750,000.00 City transfer to LB-840 Fund $1,328,146.9210/01/2010 750,000.00 City transfer to LB-840 Fund $1,328,146.92
10/01/2010 (22,500.00) City administrative fee $1,305,646.92
10/13/2010 (350,000.00) GIAEDC Annual Funding Request $955,646.92
10/22/2010 20.86 Interest earned $955,667.78
12/29/2010 (50,000.00) Rogue Manufacturing $905,667.78
01/31/2011 916.75 Interest earned Nov-Jan 2011 $906,584.53
05/25/2011 (225,000.00) Standard Iron $681,584.53
05/25/2011 (100,000.00) CNH America, LLC expansion $581,584.53
06/30/2011 1,807.57 Interest earned Feb-June 2011 $583,392.10
08/31/2011 1,626.77 Interest earned July-Aug 2011 $585,018.87
09/30/2011 193.86 Interest earned Sept 2011 $585,212.73
Grand Island Council Session - 4/10/2012 Page 56 / 239
FISCAL 2012
10/01/2011 750,000.00 City transfer to LB-840 Fund $1,335,212.73
10/12/2011 (350,000.00) GIAEDC Annual Funding Request $985,212.73
10/12/2011 (22,500.00) City administrative fee $962,712.73
10/12/2011 (119,000.00) CNH America, LLC $843,712.73
10/31/2011 29.43 Interest earned Oct 2011 $843,742.16
11/30/2011 513.12 Interest earned Nov 2011 $844,255.28
12/31/2011 228.08 Interest earned Dec 2011 $844,483.36
01/31/2012 6.58 Interest earned Jan 2012 $844,489.94
02/28/2012 160.79 Interest earned Feb 2012 $844,650.73
03/31/2012 88.20 Interest earned Mar 2012 $844,738.93
04/10/2012 (575,000.00) Platte Valley Industrial Park $269,738.93
Grand Island Council Session - 4/10/2012 Page 57 / 239
LBLB--840 projects under current plan840 projects under current plan
Jobs
$ Amount $ Amount Created/
Year Applicant Approved Forgiven Retained
2004 Standard Iron 200,000 200,000 100 All obligations fulfilled
2004 Heritage Disposal 100,000 100,000 18 All obligations fulfilled
2005 Love Signs 42,000 42,000 20 All obligations fulfilled
2005 CXT, Inc. 200,000 200,000 55 All obligations fulfilled
2006 J.C. Doyle 20,000 20,000 21 All obligations fulfilled
2007 O'Neill Wood Rec.45,000 45,000 15 All obligations fulfilled
2007 Case IH #1 325,000 325,000 80 All obligations fulfilled
2007 Hornady Mfg. #1 154,000 106,666 77 2/3 job creation fulfilled
final report due May of 2012
2007 Principal Financial 30,000 30,000 550 All obligations fulfilled
2008 Hastings Foods 70,000 35 Have created 90 jobs, now in
Status of Project
2008 Hastings Foods 70,000 35 Have created 90 jobs, now in
1st forgiveness year
2008 Nova-Tech 160,000 100,000 50 Infrastructure completed
20,000 Next report due April 30, 2012
2009 Ace Machine Shop 32,500 15,000 7 Infrastructure fulfilled
17,500 job creation fulfilled
2009 Structured Solutions 600,000 in default
2010 Hornady Mfg. #2 200,000 75,000 50 Infrastructure fulfilled
41,666 1/3 Job Creation fulfilled - next
report due in July 2012
2010 Platte Valley Ind. Pk.575,000 Project bids received
2010 Rogue Manufacturing 50,000 35,000 12 Infrastructure fulfilled
FTE report due 1/1/2012
2011 Standard Iron #2 225,000 150,000 25 Infrastructure fulfilled
FTE report due Jan. 2013
2011 Case IH #2 219,000 73 First reporting period will be
October of 2012
3,247,500 1,522,832 1188
Grand Island Council Session - 4/10/2012 Page 58 / 239
Grand Island Workforce2002 thru 2011
Civilian Labor Force Employment Unemployment Unemployment Rate (%)
22,924 21,966 958 4.2
Annual Not Seasonally Adjusted Labor Force, Employment and Unemployment data in Grand Island City for 2002
Source: Nebraska Dept. of Labor, Labor Market Information, Local Area Unemployment Statistics (LAUS)
Civilian Labor Force Employment Unemployment Unemployment Rate (%)
26,296 25,240 1,056 4
Annual Not Seasonally Adjusted Labor Force, Employment and Unemployment data in Grand Island City for 2011
Source: Nebraska Dept. of Labor, Labor Market Information, Local Area Unemployment Statistics (LAUS)
Source: Nebraska Dept. of Labor, Labor Market Information, Local Area Unemployment Statistics (LAUS)
Grand Island Council Session - 4/10/2012 Page 59 / 239
Impact of LBImpact of LB--840 investment840 investment
•3,274 new jobs in 10 years (NE Dept. of Labor)
•1,188 direct jobs created with estimated payroll of
$36,048,313 per year. $36,048,313 per year.
•Direct jobs created reflect what was stated on the
application.
(Every dollar spent turns over 7 times ($890 million) in our community!)
Grand Island Council Session - 4/10/2012 Page 60 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item F1
#9377 - Consideration of Amending Chapter 16 of the Grand
Island City Code Relative to Fireworks
Staff Contact: Tim Hiemer, Fire Division Chief
Grand Island Council Session - 4/10/2012 Page 61 / 239
Council Agenda Memo
From:Robert J. Sivick, City Attorney
Meeting:April 10, 2012
Subject:Fireworks
Item #’s:F-1
Presenter(s): Tim Hiemer, Fire Operations Division Chief
Background
The topic of fireworks was discussed at Study Session meetings of the Grand Island City
Council (Council) held on October 18, 2011 and April 3, 2012.
At each Study Session referenced above City staff presented and the Council discussed
among other things, the following topics:
1. Limiting the dates of sale of fireworks.
2. Limiting the permissible dates and times for the discharge of fireworks.
3. Insuring the Fire Department is aware of fireworks storage locations in the City.
4. The need to protect the City’s interests by requiring adequate insurance coverage for
fireworks vendors.
5. Limiting the total number of fireworks stands.
6. Insuring changes do not go into effect until 2013 to allow fireworks vendors adequate
time to adjust their business practices.
7. Increasing the fee for fireworks vendor permits to cover the City’s expenses in
administering and enforcing its fireworks laws.
Discussion
The proposed ordinance generally makes the following changes to the Chapter 16, Article
II of the Grand Island City Code regarding fireworks:
1. Beginning in 2013 fireworks vendors must disclose fireworks storage locations within
the City.
2. Beginning in 2013 fireworks vendors must maintain a liability policy of no less than
one million dollars listing the City as an additional insured.
3. Beginning in 2013 fireworks sales will be limited from June 28 to July 4. In 2014 and
Grand Island Council Session - 4/10/2012 Page 62 / 239
subsequent years, fireworks sales will be limited from June 29 to July 4.
4. Beginning in 2013 the total number of fireworks stands in the City will be limited to
forty. Permits to sell fireworks will be issued on a first come – first served basis.
5. Beginning in 2013 the discharge of fireworks will be limited to 8 AM to 10 PM for
June 28 to July 2, 8 AM to 11 PM for July 3, and 8 AM to midnight for July 4.
Signage requirements at fireworks stands will incorporate the new discharge date and
time limits when they take effect.
6. The State statute listing permissible fireworks has been added for reference.
7. The fee for obtaining a permit to sell fireworks is not listed in this Ordinance. City
staff believes waiting to adjust the fee until the 2012-13 fiscal year budget is drafted
will allow the compilation of additional data as to the costs borne by the City related
to the sale and discharge of fireworks.
Alternatives
It appears the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve the proposed amended Ordinance.
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 Ordinance No. 9377 amending
Chapter 16, Article II of the Grand Island City Code related to fireworks.
Sample Motion
Move to approve Ordinance No. 9377 amending Chapter 16, Article II of the Grand
Island City Code related to fireworks.
Grand Island Council Session - 4/10/2012 Page 63 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
ORDINANCE NO. 9377
WHEREAS, the Grand Island City Council finds it necessary to amend Chapter 16,
Article II of the Grand Island City Code, its laws regulating fireworks, to reflect existing community
standards,
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
I. That Chapter 16, Article II of the Grand Island City Code be amended to read as follows:
Article II. Fireworks
§16-12. Generally
It shall be unlawful for any person to possess, sell, offer for sale, bring into this City, or discharge any
pyrotechnics, commonly known as fireworks other than permissible fireworks; provided, that the provisions of this section
shall not apply to:
(1) Any fireworks for purposes of public exhibitions or displays purchased from a licensed distributor or the
holder of a display license to be issued by the State Fire Marshal, which license shall be good only for the calendar
year in which issued and which shall not authorize the holder to sell or hold for sale any permissible fireworks as
defined in §16-20 or any firecrackers of any description, whether soft shell or hard shell;
(2) Any public exhibition or display under the auspices of the City of Grand Island;
(3) Any fireworks brought into this state for storage by a licensed distributor and held for sale outside of this
State;
(4) Any fireworks furnished for agricultural purposes pursuant to written authorization from the State Fire
Marshal to any holder of a distributor's license; or
(5) Toy cap pistols or toy caps each of which does not contain more than twenty-five hundredths of a grain of
explosive material.
§16-13. Permit to Sell Fireworks
It shall be unlawful for any person to sell or offer for sale permissible fireworks in the City without first having
made application to the Fire Administration Office (City Hall) for a permit and receiveding a permit to do so from the Fire
Prevention Life Safety Division. Beginning in 2013, such permits shall require that applicants disclose any location within
the geographic boundaries of the City where they are storing fireworks for sale. Beginning in 2013 such permits shall
require applicants to offer proof of a valid liability insurance policy of at least one million dollars ($1,000,000.00) naming
the City as an additional insured party. This policy must be in full force and effect for the entire period of lawful fireworks
sales as set forth in §16-15. Such permits shall be in accordance with the City of Grand Island Fee Schedule and shall be
valid for the calendar year in which issued, and shall at all times be displayed at the place of business of the holder thereof.
Such permits shall not be transferable.
Amended by Ord. No. 8895, effective 5-12-2004
§16-14. Repealed by Ordinance No. 8895
§16-15. Dates of Lawful Sale
Permissible fireworks may be sold or offered for sale in the City of Grand Island on June 27 through and
including July 4 of each year. Beginning in 2013, permissible fireworks may be sold or offered for sale in the City of
Grand Island on June 28 through and including July 4 and June 29 through and including July 4 of each year thereafter.
§16-16. Temporary Fireworks Stands
Any person having obtained a permit to sell permissible fireworks may sell or offer for sale such fireworks only
from a temporary stand or enclosure erected or placed on real estate for that purpose. No fireworks shall be sold from
permanent buildings or structures in the City. If fireworks are to be sold from a temporary stand or enclosure, such stand
or enclosure shall be of wood or steel frame construction covered with metal or wood. Any temporary enclosure or stand
shall be permitted only in those areas of the City zoned for business or manufacturing, and only after a permit is obtained
Grand Island Council Session - 4/10/2012 Page 64 / 239
ORDINANCE NO. 9377 (Cont.)
- 2 -
from the Fire Prevention Life Safety Division for the erection or placement of such temporary enclosures or stands. Such
temporary enclosures or stands shall be permitted to remain on real estate where permissible fireworks are sold for only
the period beginning on June 22 through and including July 9 of each year. Any such temporary stand or enclosure shall
not be located closer than twenty-five feet from any building, and at least one hundred feet from any station where
gasoline and oil for motor vehicles is sold. Such temporary stand or enclosure shall not exceed five hundred square feet in
size. Beginning in 2013 the total number of fireworks stands permitted in the City will not exceed forty (40). Permits to
operate stands will be issued to qualified applicants on a first come – first served basis.
Amended by Ord. No. 8895, effective 5-12-2004
§16-16.1. Signage Required
Smoking shall not be permitted inside or within 50 feet of the temporary fireworks stand or sales area. At least
one sign that reads as follows, in letters at least 2 inches in height on a contrasting background, shall be conspicuously
posted on the exterior of each side of the fireworks stand:
NO SMOKING OR
DISCHARGE OF FIREWORKS
ON THE PREMISES
In addition to the "no smoking" sign, at least one sign, 2 foot by 3 foot in size, on a contrasting background, shall be
posted on the exterior of the fireworks stand that reads as follows:
THE GRAND ISLAND CITY CODE ALLOWS
FIREWORKS TO BE DISCHARGED ONLY ON THE
FOLLOWING DATES AND TIMES:
June 27 through July 3 – 8:00 a.m. to 11:00 p.m.
July 4 – 8:00 a.m. to midnight
Beginning in 2013 and each year thereafter the language of the sign listed immediately above shall be altered to
read as follows:
THE GRAND ISLAND CITY CODE ALLOWS
FIREWORKS TO BE DISCHARGE ONLY ON THE
FOLLOWIN DATES AND TIMES:
June 28 through July 2 – 8:00 a.m. to 10:00 p.m.
July 3 – 8:00 a.m. to 11:00 p.m.
July 4 – 8:00 a.m. to midnight
Added by Ord. No. 8895, effective 5-12-2004
§16-17. Age Limitation for Selling Fireworks
Retail sales establishments shall, at all times, be supervised by a person of at least sixteen (16) years of age.
Failure to comply with this regulation may result in immediate revocation of the retail license.
§16-18. Discharging Fireworks Where Sold
It shall be unlawful for any person to discharge fireworks in or upon the premises where fireworks are sold.
Amended by Ord. No. 8895, effective 5-12-2004
§16-19. Explosives; Throwing Prohibited
It shall be unlawful for any person to throw any firecracker, or any object which explodes upon contact with
another object: (1) from, at, or into a motor vehicle; (2) onto any street, highway, or sidewalk; (3) at or near any person;
(4) into any building; or (5) into or at any group of persons.
§16-20. Definitions
Permissible fireworks shall mean only sparklers, vesuvius fountains, spray fountains, torches, color fire cones,
star and comet type color aerial shells without explosive charge for the purpose of making a noise, firecrackers not to
exceed two inches in length and three-eighths of an inch in diameter, total pyrotechnic composition not to exceed 50.0
milligrams each in weight, color wheels, and any other fireworks approved under Sections 28-1241(7) and 28-1247 of the
State Fire Marshal's Act Book Nebraska Revised Statutes. See also Rules and Regulations concerning fireworks in the
State of Nebraska Administrative Code, Title 157.
Person as used in this Article shall include any person, firm, partnership, association of persons, or corporation.
Sale shall include barter, exchange, or gift or offer therefor, and each such transaction made by any person
whether as principal, proprietor, agent, servant, or employee.
Amended by Ord. No. 8895, effective 5-12-2004
Grand Island Council Session - 4/10/2012 Page 65 / 239
ORDINANCE NO. 9377 (Cont.)
- 3 -
§16-21. Repealed by Ordinance No. 8895
§16-22. Discharge of Fireworks
Permissible fireworks may be discharged, exploded, or used in the City of Grand Island on June 27 through and
including July 4 of each year; provided that on such days the discharge and explosion of fireworks shall be permitted
during the following times:
June 27 through July 3 .......................... 8 a.m. to 11 p.m.
July 4 ………………………………….. 8 a.m. to midnight
Beginning in 2013 and each year thereafter, the following fireworks discharge schedule shall be in effect:
June 27 through July 2 – 8:00 a.m. to 10:00 p.m.
July 3 – 8:00 a.m. to 11:00 p.m.
July 4 – 8:00 a.m. to midnight
The discharge of fireworks within the City of Grand Island on any dates or times other than as set out in this
section shall require a permit from the Fire Prevention Life Safety Division. Public exhibition applications shall be
accompanied by documentation of a display license issued by the State Fire Marshal. Private party display applications
will not require a State Fire Marshal license, but displays will be limited to permissible fireworks as described in §16-20 of
this Article. Applicant shall also show that there will not be any substantial danger to people or property. Factors that will
be considered when reviewing an application will include, but not be limited to, where the fireworks will be discharged,
the procedures used to discharge the fireworks and the qualifications of the individuals discharging the fireworks.
Amended by Ord. No. 8895, effective 5-12-2004
II. Any ordinances or parts of ordinances in conflict are hereby repealed.
III. This ordinance shall be in full force and will take effect from and after its passage and
publication pursuant to law.
Enacted: April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
ATTEST:
___________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 66 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G1
Approving Minutes of March 26, 2012 City Council Regular
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/10/2012 Page 67 / 239
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
March 26, 2012
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 26, 2012. Notice of the meeting was given in The Grand Island Independent on
March 21, 2012.
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, and John Gericke. Councilmembers Scott Dugan and
Randy Gard were absent. The following City Officials were present: City Administrator Mary
Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, Public Works Director
John Collins and Finance Director Jaye Monter.
INVOCATION was given by Pastor Jason Warriner, Abundant Life Christian Church, 3411
West Faidley Avenue followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member Emma Kruetzer and Board
member Craig Garrett.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “April as Month of the Military Child” 2012. Mayor Vavricek proclaimed the
month of April 2012 as “April as Month of the Military Child”. Beth Kaiser with NE Operation:
Military Kids Coordinator was present for the presentation.
PUBLIC HEARINGS:
Public Hearing on Amendment to the Redevelopment Plan for CRA Area #1 located in East
Grand Island at the Existing Lincoln Park, North of 7th Street and East of Beal Street. Regional
Planning Director Chad Nabity reported that an amendment to the Redevelopment Plan for CRA
Area #1 was needed in order for the CRA to issue bonds for the redevelopment of the Lincoln
Park Pool. Staff recommended approval. No public testimony was heard.
Public Hearing on Adoption of a Blight Study & Generalized Redevelopment Plan for CRA
Blight & Substandard Area #8. Regional Planning Director Chad Nabity reported that CRA had
commissioned a Blight/Substandard Study and Generalized Redevelopment Plan for
approximately 92.77 acres located south of Anna Street along Adams Street in south central
Grand Island. The Hall County Regional Planning commission recommended this area be
declared blighted and substandard. Staff recommended approval. No 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 ordinance numbered:
Grand Island Council Session - 4/10/2012 Page 68 / 239
Page 2, City Council Regular Meeting, March 26, 2012
#9376 – Consideration of Amendment to Chapter 16 of the Grand Island City Code
Relative to Burning Regulations
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 this ordinance 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 seconded the motion. Upon roll call vote, all voted aye. Motion
adopted.
Fire Operations Division Chief Tim Hiemer reported that Ordinance No. 9376 would amend
Chapter 16 of the Grand Island City Code to correct errors and insure certain activities common
and accepted in the community were not deemed illegal.
Discussion was held regarding DEQ permits which were for larger fires such as construction,
controlled burns, etc. The process of acquiring burn permits were explained by Mr. Hiemer.
Motion by Gilbert, second by Ramsey to approve Ordinance #9376.
City Clerk: Ordinance #9376 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9376 on final passage. All those in favor of the passage of this ordinance
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,
Ordinance #9376 is declared to be lawfully adopted upon publication as required by law.
RESOLUTION:
#2012-84 – Consideration of Amending the Fee Schedule Relative to Burning Regulations. This
item related to the aforementioned Ordinance No. 9376 which would add a $10.00 burn permit
fee to the fee schedule.
Motion by Ramsey, second by Niemann to approve Resolution #2012-84. Upon roll call vote, all
voted aye. Motion adopted.
CONSENT AGENDA: Consent Agenda item G-11 was pulled from the agenda. Motion by
Ramsey, second by Niemann to approve the Consent Agenda excluding item G-11. Upon roll
call vote, all voted aye. Motion adopted.
Approving Minutes of March 13, 2012 City Council Regular Meeting.
Approving Minutes of March 20, 2012 City Council Study Session.
#2012-73 – Approving Amendment to the Redevelopment Plan for CRA Area #1 Located in
East Grand Island at the Existing Lincoln Park, North of 7th Street and East of Beal Street.
#2012-74 – Approving Adoption of a Blight Study for CRA Blight and Substandard Area #8.
Grand Island Council Session - 4/10/2012 Page 69 / 239
Page 3, City Council Regular Meeting, March 26, 2012
#2012-75 – Approving Generalized Redevelopment Plan for CRA Blight and Substandard Area
#8.
#2012-76 – Approving a Six Month Agreement for Five City Hall Copiers Maintenance &
Supplies with Capital Business Systems, Inc./Modern Methods.
#2012-77 – Approving Bid Award for Continuous Emissions Monitoring Systems (CEMS) at
Platte Generating Station with Monitoring Solutions of Exton, PA in an Amount of $55,775.00.
#2012-78 – Approving Proposal for the Air Quality Control System Engineering Services at
Platte Generating Station with Kiewit Power Engineers of Lenexa, Kansas in an Amount not-to-
exceed $432,032.00.
#2012-79 – Approving Supplemental Agreement No. 1 with NDOR and Olsson Associates for
Engineering Consulting Services Related to Grand Island Resurfacing – Various Locations.
#2012-80 – Approving Change Order No. 3 for Grand Island Quiet Zone Project No. 2012-QZ-1
with The Diamond Engineering Company of Grand Island, Nebraska for an Increase of $806.74
and a Revised Contract Amount of $248,524.99.
#2012-81 – Approving Correction to Resolution No. 2010-361; Acquisition of Landscape
Easements Located in Business Improvement District No. 6 (Second Street). This item was
pulled from the agenda.
#2012-82 – Approving the Adoption of the Resolution to Comply with Local Public Agency
Guidelines Manual by Updating the Financial Management Systems Certification.
REQUESTS AND REFERRALS:
Referral of Blight and Substandard Study for Proposed Redevelopment Area #9 to Regional
Planning. Regional Planning Director Chad Nabity reported that Gordman Properties LLC had
submitted a Substandard and Blight Study for approximately 72 acres of property in northwest
Grand Island between Capital Avenue and State Street and U.S. Highway 281 and Webb Road.
Once an area had been declared substandard and blighted the CRA could accept redevelopment
proposals for the area that might or might not include an application for Tax Increment
Financing.
Ron Depue, 308 North Locust Street representing Gordman Properties LLC spoke in support.
Comments were made by Council regarding the importance of this project and moving it
forward. Mr. Depue stated future redevelopment in this area was possible contingent upon Tax
Increment Financing (TIF).
Motion by Haase, second by Donaldson to refer the Blight and Substandard Study for proposed
Redevelopment Area #9 to the Regional Planning Commission. Upon roll call vote, all voted
aye. Motion adopted.
Grand Island Council Session - 4/10/2012 Page 70 / 239
Page 4, City Council Regular Meeting, March 26, 2012
Approving Appointment of Vaughn Minton as City Councilmember for Ward 1. Mayor
Vavricek submitted the name of Vaughn Minton as City Councilmember for Ward 1.
Motion by Gilbert, second by Niemann to approve the appointment of Vaughn Minton as City
Councilmember for Ward 1. Upon roll call vote, all voted aye. Motion adopted.
Mr. Winton was present and stated he looked forward to working with the Councilmembers.
RESOLUTIONS:
#2012-83 – Consideration of Authorization to Solicit Proposals to Lease the Ashton Street Ball
Field. Parks and Recreation Director Steve Paustian reported that a Study Session was held on
March 20, 2012 to discuss the request that had been made to lease the ball field located at Ashton
and Oak Streets. This Resolution, as approved would authorize the Parks and Recreation
Department to proceed with a request for proposals to allow any interested citizen or group to
submit a proposal.
Motion by Haase, second by Donaldson to approve Resolution #2012-83. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Gericke, second by Niemann to approve the Claims for the period of March 14, 2012
through March 26, 2012, for a total amount of $3,665,224.74. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 8:35 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 4/10/2012 Page 71 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G2
Approving Minutes of April 3, 2012 City Council Study Session
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/10/2012 Page 72 / 239
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
April 3, 2012
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
April 3, 2012. Notice of the meeting was given in the Grand Island Independent on March 28,
2012.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmembers
were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch
Nickerson, Linna Dee Donaldson, Scott Dugan, and John Gericke. The following City Officials
were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney
Bob Sivick, Public Works Director John Collins and Finance Director Jaye Monter.
INVOCATION was given by Community Youth Council member AnnaJean Scarborough
followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member AnnaJean Scarborough and
Board member Liz Mayfield.
OTHER ITEMS:
Administration of Oath of Office to Vaughn Minton City Councilmember for Ward 1. City Clerk
RaNae Edwards administered the oath of office to Vaughn Minton – City Councilmember for
Ward 1. Vaughn Minton’s wife LaNae Minton was also present.
Discussion on Mosquito Abatement. Mayor Vavricek mentioned that about a year ago a citizen
made a future agenda item request regarding mosquitoes. Introduced was Jeremy Collinson with
the Central District Health Department who explained the process used to mitigate the hazards
presented by mosquito populations. A PowerPoint was presented explaining what the Health
Department provided regarding mosquito abatement.
A brief review was made of mosquito biology. Two types of mosquitoes, floodwater and
permanent water were mentioned and explained. There were approximately 50 species in
Nebraska. Only female mosquitoes required a blood meal or bite. Depending on the species they
could travel up to three miles. Wet weather and standing water draws mosquitoes.
Explained were the processes of larval control, surveillance activities, trap counts, and adult
mosquito control. Mosquito control was determined by surveillance activities and spraying
occurred during dawn & dusk when the mosquitoes were most active. Wind and weather
determine if control could happen.
Grand Island Council Session - 4/10/2012 Page 73 / 239
Page 2, City Council Study Session, April 3, 2012
All products used were EPA approved and all staff was Certified Pesticide Applicators by the
Nebraska Department of Ag. All equipment was calibrated yearly and staff followed all labels
when applying chemicals.
Discussion was held regarding electric bug zappers. Mr. Collinson stated they had limited
control. Costs of spraying depended on the weather but were around $5,000 to $6,000 for
chemicals and staff time yearly.
Presentation Regarding Automated Meter Reading. Utilities Director Tim Luchsinger gave a
PowerPoint presentation on AMR/AMI technologies. Automated Meter Reading (AMR) had
been used by utilities to allow reading of consumption meters for electricity, water and natural
gas by mobile or remote sites. Its successor, Advanced Metering Infrastructure (AMI), allowed
remote meter reading along with additional communication to the utility and the consumer.
AMR was a one way communication and AMI was a two way communication.AMR was a radio
that was used either in a walk-by or drive-by process. This would replace the manual meter
reading. Lincoln and Fremont used AMR with installation at a cost of $12,000,000 and
$2,500,000 respectively.
AMI was a two way communication that used radio, cable, fiber optics, Internet, or cellular
phone. It had “Smart Grid” functionality with remote meter reading by utility and customer,
disconnect and connect from a central location with a remote outage indication and pre-pay
billing. Boulder, CO and Naperville, IL used AMI with an estimated cost of $45,000,000 and
$22,000,000, respectively. Mentioned were issues with AMI of data security, data privacy, no
standard protocol, and electric systems limited experience, usually funded by DOE grants.
Grand Island currently had 25,000 electric meters and 15,000 water meters. Capital cost would
be $8,000,000 to $10,000,000 with a $2,000,000 installation cost and a three year completion to
allow meter reading benefits. Additional IT staff would be needed.
The following Cost/Benefits were presented:
Costs:
$8,000,000 capital cost
Installation cost – contractor/in-house
Additional IT staff – network provider/in-house
Annual meter replacement
Benefits:
$325,000 meter reader staff reduction annual savings
Connect/disconnect functionality – reduce account receivables
Outage duration reduction – keep customers on
Cost/Benefit = 25 year payback
The following conclusions by staff for AMR/AMI were the conversion to automated metering
was not solely supported by meter reading cost/benefit. Customer demand for AMI applications
could be a primary driver. AMI standard platform was likely in the near term. There was a need
Grand Island Council Session - 4/10/2012 Page 74 / 239
Page 3, City Council Study Session, April 3, 2012
to monitor market and evaluate cost/benefit periodically. The City needed to evaluate technology
starting with substations and large industrial customers.
Presented was the Merrick County Pilot Program:
Approximately 180 customers
Upgrade existing electric meters
Water meters included with UPRR project
Communication network to be determined
Cost estimates have been requested
Discussion was held concerning cutting costs, being more efficient, effective and giving better
service. Mentioned was the possibility of partnering with the gas company. Mr. Luchsinger
suggested they could create a specification for bids to work with the Merrick County Pilot
Program. Comments were made concerning the changing technology and not moving too fast.
Mr. Luchsinger commented that other cities had implemented automated meter reading through
grants. Benefits to the consumer would be to better plan for the use of electricity during lower
usage times in order to save money. Mentioned was that in the next three to five years we would
see platforms becoming more standard and more cities moving toward the automated meter
reading.
Mentioned was the next step would be to proceed with bids for the Merrick County Pilot
Program and bring it back to Council for approval.
Discussion of City Property for Commercial Lease. Building Department Director Craig Lewis
reported that in the past the City had been approached about private enterprises leasing city
property for commercial uses. Currently there was no specific policy addressing these requests.
The most recent requests had been to utilize a City park and a City fire station property to locate
and construct a cell phone tower for coverage of a local cellular service provider.
Currently the zoning restrictions would apply as if privately owned property. Legal
considerations would not limit the City’s ability to lease these properties.
The following city properties were mentioned:
City Hall Parks
Drainage Trails
Fire Stations Utility
Lift Stations Well Sites
City Parking Others
Chris Riha representing Viaero Wireless spoke in support of leasing property at Stolley Park for
a mono-pole cell tower.
Mentioned was that the current procedure of treating each request on a case-by-case basis had
worked and gave Council the flexibility to decide specific issues. A suggestion was presented to
have City owned towers to lease space to limit the number of towers in the City.
Grand Island Council Session - 4/10/2012 Page 75 / 239
Page 4, City Council Study Session, April 3, 2012
Discussion on Fireworks. Fire Operations Division Chief Tim Hiemer reported that at the
October 18, 2011 Study Session the following four main topics were discussed: 1) no New Year
sales or discharge 2) review the current fee schedule for recovery of costs 3) shorten sales period
and discharge times and 4) control the quantity of stands.
A PowerPoint was presented comparing five Nebraska cities with regards to: permit fees, days of
sales, discharge times, and average number of stands. Grand Island had 39 stands in 2011. The
City regulates the sale of fireworks through temporary stand by City Code. There was no limit on
the number of stands. Inspections occurred several times during operation: when stocked, daily
spot inspections during the selling period and after July 4 to insure the stands were properly
removed.
Mentioned was the additional workload for the Fire Department, Police Department,
Communications Center and Public Works Department along with approximately $20,400 in
related costs.
The following proposed changes were presented:
Raise permit fee to $650 (This will cover the additional cost to the city related to
fireworks)
Shorten sales to six days, June 29 through July 4
Cap number of stands at 40 (previous permit holder given preference)
Set application period deadline May 1st
Shorten discharge times from 8 a.m. to 11 p.m. to 8 a.m. to 10 p.m. except on the 4th
leave as is from 8 a.m. to 12 a.m.
Require $1 million liability policy with City as additional insured
Enforce NFPA 1124 code for storage of fireworks (will keep stored fireworks out of
residential areas)
These changes resulted in fewer days and shorter hours for discharge of fireworks, a cap on the
number of stands to 40, and adjusts revenue to offset additional cost incurred by the City.
The following people spoke:
Marvin Kohler, 1739 Ingalls Street - opposed
LexAnn Roach, 917 West 10th Street - support
Tom Towne, 1609 Meadow Road – opposed shortening the days of sale
Kenneth Enck, 4174 New York Avenue – opposed
Dennis Berggren, 721 “B” Street, Central City – representing the Elks Lodge – opposed
Margie Kohler, 1739 Ingalls Street - opposed
Comments were made by Council regarding constituent’s complaints as to the number of days
fireworks were sold, noise, and trash. Number of stands at 40 was mentioned as being too many.
Fees, insurance, inspections, and cost to the Fire Department were discussed along with non-
profit organizations.
Grand Island Council Session - 4/10/2012 Page 76 / 239
Page 5, City Council Study Session, April 3, 2012
City Attorney Bob Sivick commented there was a liability to the City which was why the
insurance requirement was proposed.
Safety was mentioned with regards to shortening the days of sale and discharge times. It was
recommended that the number of stands be reduced to 30, no more than 35. Mr. Hiemer stated an
inspection would take approximately 15 minutes by the Fire Prevention Chief.
Mayor commented on notifying those involved with fireworks stands regarding further issues to
come before Council. Marvin Kohler stated the reason for the number of stands was due to
location and clientele. The May 1st deadline would not be a problem. Mentioned was commercial
displays would not be affected by the time change.
Police Chief Steve Lamken answered questions regarding the penalty for shooting fireworks
illegally. Mentioned was any changes would take place in 2013.
ADJOURNMENT: The meeting was adjourned at 10:10 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 4/10/2012 Page 77 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G3
Approving Request from Paul Younes, 6 West 21st Avenue Place,
Kearney, Nebraska for Liquor Manager Designation for Fairfield
Inn & Suites, 805 Allen Drive
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/10/2012 Page 78 / 239
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:April 10, 2012
Subject:Request from Paul Younes, 6 West 21st Avenue Place,
Kearney, Nebraska for Liquor Manager Designation for
Fairfield Inn & Suites, 805 Allen Drive
Item #’s:G-3
Presenter(s):RaNae Edwards, City Clerk
Background
Paul Younes, 6 West 21st Avenue Place, Kearney has submitted an application with the
City Clerk’s Office for a Liquor Manager Designation in conjunction with the Class “I-
90911” Liquor License for Fairfield Inn & Suites, 805 Allen Drive.
This application has been reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all liquor manager designations. All departmental reports
have been received. See attached Police Department report.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the request.
2.Forward the request with no recommendation.
3.Take no action on the request.
Grand Island Council Session - 4/10/2012 Page 79 / 239
Recommendation
City Administration recommends that the Council approve the request for Liquor
Manager Designation.
Sample Motion
Move to approve the request from Paul Younes, 6 West 21st Avenue Place, Kearney,
Nebraska for Liquor Manager Designation in conjunction with the Class “I-90911”
Liquor License for Fairfield Inn & Suites, 805 Allen Drive with the stipulation that Mr.
Younes complete a state approved alcohol server/seller training program.
Grand Island Council Session - 4/10/2012 Page 80 / 239
04/05/12 Grand Island Police Department 450
11:31 LAW INCIDENT TABLE Page: 1
City : Grand Island
Occurred after : 12:18:12 03/30/2012
Occurred before : 12:18:12 03/30/2012
When reported : 12:18:12 03/30/2012
Date disposition declared : 03/30/2012
Incident number : L12034201
Primary incident number :
Incident nature : Liquor Lic Inv Liquor License
Investigation
Incident address : 805 Allen Dr
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 : RaNae
Geobase address ID : 483
Grand Island Council Session - 4/10/2012 Page 81 / 239
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
INVOLVEMENTS:
Px Record # Date Description Relationship
-----------------------------------------------------------------------
-----
NM 158314 04/05/12 Younes, Paul J Liquor Mangaer
NM 158315 04/05/12 Younes, Linda M Paul's Wife
NM 158316 04/05/12 Fairfield Inn and Suites, Business
Involved
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT14 Hotel/Motel/Etc.
LAW INCIDENT NARRATIVE:
I Received a Copy of a Liquor Manager Application from Paul Younes for
the
Fairfield Inn & Suites.
LAW INCIDENT OFFENSES DETAIL:
Se Offe Offense code Arson Dama
-- ---- ------------------------------ ----------
1 AOFF Alcohol Offense 0.00
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
1 Vitera D 318 Vitera D
Grand Island Council Session - 4/10/2012 Page 82 / 239
LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 10:39:47 04/05/2012
318
Grand Island Police Department
Supplemental Report
Date, Time: Thu Apr 05 10:40:00 CDT 2012
Reporting Officer: Vitera
Unit- CID
Paul Younes has ten liquor licenses in the State of Nebraska. I did a
liquor
license investigation involving Paul and his wife about a year and a half
ago
when they applied for a liquor license for the Fairfield Inn & Suites.
They had
a few minor undisclosed traffic convictions but nothing that prevented
them from
receiving a license.
Paul's current liquor manager application states that he and his wife
have lived
in Kearney, NE for the last 22 years. They still didn't disclose any
convictions, and Linda signed a Spousal Affidavit of Non Participation.
I checked Paul and Linda in Spillman and NCJIS. Their only two entries in
Spillman are the entries I made for the past and current liquor license
investigation. According to NCJIS, neither one of them have any new
convictions
since my last investigation. I also checked them through a law
enforcement only
Grand Island Council Session - 4/10/2012 Page 83 / 239
data base that includes a lot of personal, business, and civil
information.
Nothing detrimental was located.
Based on the fact that Paul Younes has several liquor licenses, I did a
background check on him 1.5 years ago with no negative results, and
nothing
apparently changing since then, the Grand Island Police Department has no
objection to Paul Younes being the liquor manager at the Fairfield Inn &
Suites.
Grand Island Council Session - 4/10/2012 Page 84 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G4
#2012-85 - Approving 2012 VOCA Grant Application
Staff Contact: Steve Lamken
Grand Island Council Session - 4/10/2012 Page 85 / 239
Council Agenda Memo
From: Captain Peter Kortum, Police Department
Meeting: April 10, 2012
Subject: 2012 VOCA Grant Application
Item #’s:G-4
Presenter(s): Steve Lamken, Chief of Police
Background
The Grand Island Police Department has managed the victim assistance program for
Grand Island-Hall County since 2004. Primary funding is from the Victims Of Crime
Act (VOCA). Grants are awarded through the Nebraska Crime Commission. Historically,
the City matches the grant with cash support and in kind services near the 20% level. The
estimated budget for the grant period of 10-1-2012 to 9-30-13 is $65,066.00. The
estimated match is $13,084.00. This match includes volunteer time, police staff, and in
kind services from the City and County.
This agenda item seeks approval to submit the application.
Discussion
A requirement for the grant application is that the grant application must be signed by the
agency executive officer for the City of Grand Island.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Do not approve the application
2.Approve the application
Grand Island Council Session - 4/10/2012 Page 86 / 239
Recommendation
City Administration recommends that the Council approve the application of the award.
Any award based on this application will come to council for acceptance.
Sample Motion
Move to approve the application for 2012 Victims of Crime Act grant funding for the
Grand Island-Hall County Victim Assistance Program.
Grand Island Council Session - 4/10/2012 Page 87 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-85
WHEREAS, the Police Department of the City of Grand Island received
notification of the grant application period for the 2012 Victims of Crime Act from the Nebraska
Crime Commission; and
WHEREAS, the grants awarded are for local victim assistance programs; and
WHEREAS, this application covers October 1, 2012 through September 30, 2013;
and
WHEREAS, any grant award will be brought to council for acceptance; and
WHEREAS, the Mayor of the City of Grand Island is required to sign the grant
application as the City’s Executive Officer.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the grant application prepared by the
police department for submission to the Nebraska Crime Commission is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such grant application on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 88 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G5
#2012-86 - Approving 2012 Justice Assistance Grant Application
and Memorandum of Understanding with Hall County
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Steve Lamken, Chief of Police
Grand Island Council Session - 4/10/2012 Page 89 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-86
WHEREAS, the Grand Island Police Department has received notification that
they are eligible to apply for $29,838.00 in grant funds under the 2012 Byrne Justice Assistance
(JAG) Program and the Hall County Sheriff's Department has been named as a disparate agency;
and
WHEREAS the Grand Island Police Department as the applicant will act as the
fiscal agent; and
WHEREAS, the Grand Island Police Department will be allocated $22,379.00 of
the grant funds; and
WHEREAS the Hall County Sheriff’s Department will be allocated $7,459.00 of
the grant funds; and
WHEREAS, a public hearing was held on April 10, 2012, as required to discuss
the proposed use of such funds; and
WHEREAS, a memorandum of understanding between the City of Grand Island
and Hall County is required as part of the grant application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that approval is hereby granted to enter
into a memorandum of understanding (MOU) with Hall County for the application of 2012
Justice Assistance Grant (JAG) funding.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 90 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G6
#2012-87 - Approving Bid Award - Water Main District 458T and
Sanitary Sewer District 527T - Platte Valley Industrial Park
Staff Contact: Tim Luchsinger, John Collins, Jason Eley
Grand Island Council Session - 4/10/2012 Page 91 / 239
Council Agenda Memo
From:Terry Brown, Manager of Engineering Services
Tim Luchsinger, Utilities Director
Jason Eley, Assistant City Attorney/Purchasing
Meeting:April 10, 2012
Subject:Approving Bid Award in Platte Valley Industrial Park (PVIP)
East; Water Main District 458T, and Sanitary Sewer District
527T for the City of Grand Island
Item #’s:G-6
Presenter(s):Tim Luchsinger, Utilities Director
John Collins, Public Works Director
Background
This is a combined project of the City’s Utilities and Public Works Departments for the
installation of water main, and sanitary sewer lines to provide municipal utility infrastructure to
the Platte Valley Industrial Park Site. The project is located in Platte Valley Industrial Park-
East, located between Gold Core Drive and Blaine Street, and between Schimmer Drive
and Wildwood Drive. Attached for reference is a map showing the construction area.
Funding assistance has been allocated to the improvement project from the 2010 Community
Development Block Grant (CDBG) Disaster Recovery Program in the amount of $935,000. This
Block Grant requires a City’s matching fund of $1,275,000. Public hearing for grant funding
was published on October 16, 2010 in the Grand Island Daily Independent. The public hearing
was conducted on October 26, 2010 at City Council’s regular meeting, and Council approved
Resolution 2010-292 authorizing the application for the Economic Development Grant from the
Nebraska Department of Economic Development. Additionally, $575,000 in Local Area
Economic Development LB 840 funds has been allocated to the project.
On November 23, 2010, Water Main District 458T and Sanitary Sewer District 527T were
created to allow construction of this project. These are tap districts, which provide for costs to be
assessed against the property by the Council sitting as the Board of Equalization, and paid for at
the time utility services are requested by the property owner.
Grand Island Council Session - 4/10/2012 Page 92 / 239
Discussion
On March 5, 2012, the Utilities and Waste Water Divisions advertised for bids in the Grand
Island Daily Independent. The contract specifications were sent to ten construction firms, five
material suppliers/subcontractors, and six information service plan rooms. In order to more
efficiently manage project costs, the water main and sanitary sewer districts construction contract
was proposed to be awarded to a single bidder, based on the least total cost for the entire project
(water main plus sanitary sewer).
On March 21, 2012, bids were received from the following three contractors.
Diamond General Judds
Bidder:Engineering Excavation Brothers
Exceptions:None None None
Bid Prices
Water Main $778,524.96 $1,029,163.00 $1,249,367.00
Sanitary Sewer $484,384.60 $ 626,552.50 $ 997,501.00
Total Bid $1,262,909.56 $1,655,715.50 $2,246,868.00
The Utilities Department, Waste Water Division of the Public Works Department and the
Purchasing Division of the City Attorney’s Office have reviewed the bids and all were compliant
with the specifications. The bid of $1,262,909.56 from Diamond Engineering Company is under
the Engineer’s Estimate of $1,849,522.00, and recommended as the low compliant bid. There are
sufficient funds budgeted in Water Fund 525 and Sanitary Sewer Fund 530 for this contract
award.
The project will provide extended City water and sanitary sewer services to a currently
undeveloped portion of the Platte Valley Industrial Park East in order to promote growth and
development and expand recruitment potential in the area. For this project phase and use of
requested block grant funds, the water and sewer extensions are identified as the highest priority
for development, with drainage and paving to be phased in at a later date.
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
Grand Island Council Session - 4/10/2012 Page 93 / 239
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the bid, and award the contract to The
Diamond Engineering Company of Grand Island, Nebraska in the amount of $1,262,909.56 for
Platte Valley Industrial Park East; Water Main District 458T, and Sanitary Sewer District 527T.
Sample Motion
Move to approve the bid of The Diamond Engineering Company of Grand Island, Nebraska in
the amount of $1,262,909.56 for Platte Valley Industrial Park East; Water Main District 458T,
and Sanitary Sewer District 527T.
Grand Island Council Session - 4/10/2012 Page 94 / 239
Grand Island Council Session - 4/10/2012 Page 95 / 239
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:March 21, 2012 at 2:00 p.m.
FOR:Water Main District 458T & Sanitary Sewer District 527T
DEPARTMENT:Public Works
ESTIMATE:$$754,522.00 – 458T (Wastewater)
$1,095,000.00 – 527T (Utilities)
FUND/ACCOUNT:53030055-85213-53042
525
PUBLICATION DATE:March 5, 2012
NO. POTENTIAL BIDDERS:12
SUMMARY
Bidder:Diamond Engineering Co.General Excavating
Grand Island, NE Lincoln, NE
Bid Security:Universal Surety Company Universal Surety Company
Exceptions:None None
Bid Price:
Water Main:$778,524.96 $1,029,163.00
Sanitary Sewer:$484,384.60 $ 626,552.50
Total:$1,262,909.56 $1,655,715.50
Bidder:Judds Brothers Construction Co.
Lincoln, NE
Bid Security:International Fidelity Company
Exceptions:None
Bid Price:
Water Main:$1,249,367.00
Sanitary Sewer:$ 997,501.00
Total:$2,246,868.00
cc:John Collins, Public Works Director Tim Luchsinger, Utilities DirectorGrand Island Council Session - 4/10/2012 Page 96 / 239
Jason Eley, Purchasing Agent Bob Smith, Assist. Utilities Director
Mary Lou Brown, City Administrator Pat Gericke, Utilities Admin. Assist.
Catrina DeLosh, PW Admin. Assist.Roger Scott, Eng. Tech.
Vicki Tylkowski, WWTP Clerk
P1544
Grand Island Council Session - 4/10/2012 Page 97 / 239
RESOLUTION 2012-87
WHEREAS, Advertisement to Bidders for Water Main District 458T, and
Sanitary Sewer District 458T was published in the Grand Island Daily Independent on
March 5, 2012; and
WHEREAS, the City of Grand Island invited sealed bids for Water Main District
458T, and Sanitary Sewer District 458T according to plans and specifications on file with
the City Clerk; and
WHEREAS, on March 21, 2012, bids were received, opened and reviewed; and
WHEREAS, The Diamond Engineering Company of Grand Island, 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 $1,262,909.56; and
WHEREAS, the sum of the low bids for project is below the estimate of such
project; and
WHEREAS, such Bid is reasonable and acceptable.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of $1,262,909.56 of
The Diamond Engineering Company of Grand Island, Nebraska, is hereby approved as
the lowest responsible bid.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute a contract for such project on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
Jay Vavricek, Mayor
Attest:
RaNae Edwards, City Clerk
Approved as to Form
April 9, 2012 City Attorney
Grand Island Council Session - 4/10/2012 Page 98 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G7
#2012-88 - Approving Bid Award - Turbine Generator Inspection
and Repair
Staff Contact: Tim Luchsinger, Jason Eley
Grand Island Council Session - 4/10/2012 Page 99 / 239
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Jason Eley, Assistant City Attorney
Meeting:April 10, 2012
Subject:Turbine Generator Inspection and Repair
Item #’s:G-7
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
A major inspection and overhaul of the turbine generator at the Platte Generating Station
is performed every five years. The next overhaul is scheduled for the fall of this year.
During this inspection, the turbine generator is completely disassembled and all
components are cleaned, inspected, repaired or replaced as necessary. Specifications were
developed by the plant maintenance staff to include all labor to open, inspect, clean, and
close the turbine and the generator, with the City to supply all parts and materials.
Included in the bid are technical support and 800 hours of repair labor for bearings, steam
nozzles, turbine rotor blades, and generator parts. The specifications include a composite
hourly rate for additions or reductions in the repair labor amount as the amount of actual
work is not known until the unit is disassembled and inspected.
Discussion
The specifications for the Turbine Generator Inspection and Repair were issued for bid
and responses were received from the following bidders. The engineer’s estimate for this
project was $700,000.00.
Bidder Bid Price
NAES Turbine Services $673,799.00
General Electric Co.$978,599.00
Power Generation Service, Inc.$985,640.00
Magnetech Industrial Services $496,338.00
Power Plant Field Services $1,003,340.86
TurbinePROs $868,570.00
S.T. Cotter Turbine Services, Inc.$719,334.83
HPI, LLC $825,419.00
Grand Island Council Session - 4/10/2012 Page 100 / 239
Plant staff reviewed the bids for compliance with the City’s detailed specifications. The
bid of Magnetech is compliant with those specifications and has no exceptions. The
Magnetech listed bid of $456,338.00 was found to have a calculation error and listed
additional repair as a separate line item that is to be included in the bid. Their bid with the
corrected calculation and repair is $496,338.00, and is the lowest compliant bidder.
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 bid to Magnetech Industrial
Services of Saraland, AL as the low responsive bidder, with the bid price of $496,338.00.
Sample Motion
Move to approve the bid of $496,338.00, from Magnetech Industrial Services for the
Turbine Generator Inspection and Repair as submitted.
Grand Island Council Session - 4/10/2012 Page 101 / 239
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:March 7, 2012 at 2:00 p.m.
FOR:Turbine Generator Inspection & Repair
DEPARTMENT:Utilities
ESTIMATE:$700,000.00
FUND/ACCOUNT:520
PUBLICATION DATE:January 24, 2012
NO. POTENTIAL BIDDERS:14
SUMMARY
Bidder:Magnetech Industrial Services General Electric Co.
Saraland, AL Omaha, NE
Bid Security:$22,816.90 Fidelity & Deposit Co.
Exceptions:None Noted
Bid Price:
Material:$ 35,000.00 ---
Labor:$390,485.00 $914,578.00
Sales Tax:$ 29,853.00 $ 64,021.00
Total Bid:$456,338.00 $978,599.00
Bidder:North American Energy Services Power Plant Field Services
Houston, TX Ball Ground, GA
Bid Security:Western Surety Co.$50,000.00
Exceptions:Noted None
Bid Price:
Material:$ 66,460.00 $ 378,485.39
Labor:$607,339.00 $ 559,216.34
Sales Tax:$ 420.00 $ 65,639.13
Total Bid:$673,799.00 $1,003,340.86
Grand Island Council Session - 4/10/2012 Page 102 / 239
Bidder:TurbinePROs Power Generation Service, Inc.
Rogers, MN Anoka, MN
Bid Security:National Union Fire Ins. Co.RLI Insurance Co.
Exceptions:Noted Noted
Bid Price:
Material: ---$ 7,000.00
Labor:$868,570.00 $977,800.00
Sales Tax:____---____$ 840.00
Total Bid:$868,570.00 $985,640.00
Bidder:S.T. Cotter Turbine Services, Inc.HPI, LLC
Clearwater, MN Houston, TX
Bid Security:International Fidelity Ins. Co.$42,000.00
Exceptions:Noted Noted
Bid Price:
Material: ---$ 41,568.00
Labor:$719,334.83 $729,852.00
Sales Tax:$___---____$ 53,999.00
Total Bid:$719,334.83 $825,419.00
cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director
Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist.
Mary Lou Brown, City Administrator Lynn Mayhew, Utility Eng.
Karen Nagel, Utilities Secretary
P1533
Grand Island Council Session - 4/10/2012 Page 103 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-88
WHEREAS, the City of Grand Island invited sealed bids for Turbine Generator
Inspection and Repair at Platte Generating Station, according to plans and specifications on file
with the Utilities Department; and
WHEREAS, on March 7, 2012, bids were received, opened and reviewed; and
WHEREAS, Magnetech Industrial Service of Saraland, Alabama 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 $496,338.00; and
WHEREAS, the bid of Magnetech Industrial Services is less than the estimate for
the Turbine Generator Inspection and Repair.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Magnetech Industrial
Services in the amount of $496,338.00 for Turbine Generator Inspection and Repair is hereby
approved as the lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 104 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G8
#2012-89 - Approving Bid Award - 2013 Truck with Digger
Derrick Unit - Utilities Line Division
Staff Contact: Tim Luchsinger, Jason Eley
Grand Island Council Session - 4/10/2012 Page 105 / 239
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Jason Eley, Assistant City Attorney/Purchasing
Meeting:April 10, 2012
Subject:2013 Truck with Digger Derrick Unit – Line Division
Item #’s:G-8
Presenter(s):Timothy Luchsinger, Utilities Director
Background
The three construction crews of the Utilities Line Division maintain approximately 400
miles of overhead line in the Grand Island area; rebuilding older lines as needed, re-
locating lines to accommodate projects such as the widening of Capital Avenue, and
building new lines as the City expands and new development occurs. Each of these crews
has a digger/derrick truck and a bucket truck as basic equipment. The digger/derrick units
are heavy trucks used to dig the holes for power poles and to handle and place the poles
for line construction and repair. The boom, hydraulic auger, outriggers and auxiliary
equipment used for line construction are powered from the truck engine when the unit is
in service.
The Department’s Unit #59 is a 14 year old digger/derrick truck. Since the truck engine
provides the power for the hydraulic construction equipment on the truck, each truck is
equipped with an hour meter to schedule maintenance and monitor usage. Unit #59 has
about 8,000 hours on it, which is the equivalent of about 240,000 miles at an average 30
mph engine speed.
To ensure safe operation under heavy loads and near energized power lines, line
construction trucks are tested and inspected annually to ensure structural integrity and to
ensure dielectric strength is retained. These tests are conducted by firms specializing in
this specific type of equipment. At the last inspection of Unit #59, the inspector noted
that many components were approaching their replacement life. Because of concerns
about the continued reliable operation of this unit, it was included for replacement in the
current Electric Department budget.
Grand Island Council Session - 4/10/2012 Page 106 / 239
Discussion
Specifications for replacement of Unit #59 were prepared by department staff, advertised
in accordance with the City Purchasing Code, sent to six potential bidders, and posted on
the City’s Web Site. The bids were publicly opened on March 20, 2012. Five bids were
received as tabulated below. The budgeted amount for this replacement vehicle was
$225,000.
Terex Utilities – Watertown, SD
Base Price $Terex digger
Truck +$ 224,283.00 Four Star Freightliner M2-106
- $ 15,000.00 Trade-In
TOTAL BID $209,283.00
Altec Industries, St. Joseph, MO
Base Price $Altec digger
Truck +$226,818.00 Hansen International, Grand Island, NE
- $ 15,000.00 Trade-In
TOTAL BID $211,818.00
Altec Industries – St. Joseph, MO
Base Price $Altec digger
Truck +$215,941.00 Altec Industries Freightliner
- $ 15,000.00 Trade-In
TOTAL BID $200,941.00
Altec Industries – St. Joseph, MO
Base Price $Altec digger
+$218,969.00 Nebraska Peterbilt, Grand Island, NE
- $ 15,000.00 Trade-In
TOTAL BID $203,969.00
Altec Industries – St. Joseph, MO
Base Price $Altec digger
+$220,204.00 North American Truck & Trailer Kenworth
- $ 15,000.00 Trade-In
TOTAL BID $205,204.00
The bids were reviewed by Utility Department staff. All of the bids included exceptions;
a few do materially affect the ability of the bid equipment to meet the job requirements as
specified.
Grand Island Council Session - 4/10/2012 Page 107 / 239
1)Terex bid a 2013 Freightliner M2-106 with exceptions to the maintenance free
bushings instead of auxiliary springs which will cause a problem when hauling
poles. The exceptions of providing two batteries instead of three will be a problem
in cold weather when auxiliary power requirements are needed.
2)Altec Industries bid a 2013 International 7500 chassis. The major exception is the
bid of an Allison 3000 RDS transmission instead of the Allison 3500 RDS
transmission as specified. The difference being that the 3000 does not have a low
first gear which is crucial in soft conditions when the truck is required to get in
and out of road ditches and low areas. No chassis manuals for maintenance were
included.
3)Altec Industries bid a 2013 Freightliner M2-106 chassis with the same Allison
3000 RDS transmission. That is not acceptable, as stated above in #2.
4)Altec Industries bid a 2013 Peterbilt 348 chassis with no major exceptions.
5)Altec Industries bid a 2013 Kenworth T370. The major exception is the
transmission is not the Allison 3500 ADS as specified. The batteries are inside the
truck cab, not outside, and the truck has only one air ride seat for the driver
instead of two as specified.
Utility line staff recommends that the 2013 Peterbilt Digger Derrick Unit from Altec
Industries in the amount of $203,969.00 is the low responsive bid for the replacement
digger derrick unit for the Line Division’s Unit 59.
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 purchase of the 2013
Peterbilt truck with Digger Derrick Unit from Altec Industries of St. Joseph, Missouri, in
the amount of $203,969.00, net price with trade-in of the old unit.
Sample Motion
Move to approve the purchase of a 2013 Truck with Digger Derrick Unit from Altec
Industries of St. Joseph, Missouri, in the amount of $203,969.00.
Grand Island Council Session - 4/10/2012 Page 108 / 239
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:March 20, 2012 at 2:00 p.m.
FOR:2012 Truck with Digger Derrick Unit
DEPARTMENT:Utilities
ESTIMATE:$225,000.00
FUND/ACCOUNT:520
PUBLICATION DATE:February 28, 2012
NO. POTENTIAL BIDDERS:8
SUMMARY
Bidder:Terex Utilities Altec Industries
San Antonio, TX St. Joseph, MO
Exceptions:Noted Noted
Bid Price:$224,283.00 $215,941.00
Trade In:$ 15,000.00 $ 15,000.00
Total Cost:$209,283.00 $200,941.00
cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director
Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist.
Mary Lou Brown, City Administrator Bryan Fiala, Elec. Dist. Supt.
P1538
Grand Island Council Session - 4/10/2012 Page 109 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-89
WHEREAS, the City of Grand Island invited sealed bids for a 2013 Truck with
Digger Derrick Unit, according to plans and specifications on file with the Utilities Department;
and
WHEREAS, on March 20, 2012, bids were received, opened and reviewed; and
WHEREAS, Altec Industries of St. Joseph, Missouri, 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 $203,969.00; and
WHEREAS, the bid of Altec Industries is less than the budgeted amount for the
2013 Truck with Digger Derrick Unit.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Altec Industries in the
amount of $203,969.00 for a 2013 Truck with Digger Derrick Unit is hereby approved as the
lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 110 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G9
#2012-90 - Approving Supplemental Agreements with Burlington
Northern Santa Fe Railroad - Double Track Project
Staff Contact: Tim Luchsinger;John Collins;Robert Sivick
Grand Island Council Session - 4/10/2012 Page 111 / 239
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
John Collins, Public Works Director
Robert Sivick, City Attorney
Meeting:April 10, 2012
Subject:Burlington North Santa Fe Supplemental Agreements –
Double Track Project
Item #’s:G-9
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Burlington Northern Santa Fe (BNSF) is in the process of constructing a second track
through Grand Island. To facilitate that construction and as a result of the Agreement
entered into between the City and BNSF on December 6, 2011, a number of supplemental
agreements will need to be approved.
The next five agreements to come before City Council for approval are as follows:
1.MP 95.15 water line crossing for the 30” transmission line along Stuhr Road.
2.MP 97.14 water line crossing and extension of casing of the 10” line north of 18th
Street.
3.MP 97.96 water line crossing and extension of casing on the 6” line along
Broadwell Avenue.
4.MP 97.96 sewer line crossing and extension of casing on the 8” sewer line along
Broadwell Avenue.
5.MP 99.06 water line crossing and extension of casing of the 20” line along Webb
Road.
Discussion
The extension of the sanitary sewer line and water line casings are to be done and paid
for by BNSF. The supplemental agreements also include insurance requirements and
working conditions for parties performing activities on railroad property.
Grand Island Council Session - 4/10/2012 Page 112 / 239
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 five supplemental
agreements with BNSF for the water and sewer crossings.
Sample Motion
Move to approve the five supplemental agreements with BNSF for the Double Track
Project.
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Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-90
WHEREAS, in April of 2011, the City was advised by Burlington Northern Santa
Fe (BNSF) that they were proceeding with a project to widen the elevated rail overpass to a
double track to alleviate train traffic congestion; and
WHEREAS, as a result of this project, multiple electrical, water and sewer utility
crossings by the City across the BNSF right-of-way will need to be modified to accommodate
the track improvement project; and
WHEREAS, the BNSF entered into an Agreement to pay for the modifications;
and
WHEREAS, the contract requires the City’s passage of supplemental agreements
for each crossing; and
WHEREAS, modifications include either relocating utilities or encasement of the
utilities to current railroad crossing standards.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the five Supplemental Agreements
presented at this meeting are hereby approved, and that the Mayor is authorized to sign the
agreements on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 154 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G10
#2012-91 - Approving Bid Award for Fire Hydrants
Staff Contact: Tim Luchsinger;Jason Eley
Grand Island Council Session - 4/10/2012 Page 155 / 239
Council Agenda Memo
From:Timothy Luchsinger, Utilities Director
Jason Eley, Assistant City Attorney/Purchasing
Meeting:April 10, 2012
Subject:Fire Hydrant Contract 2012-FH-1
Item #’s:G-10
Presenter(s):Timothy Luchsinger, Utilities Director
Background
Water system projects that will be constructed this year will add approximately 58,700
linear feet of pipe to the utility. This includes extending City water service to the
Parkview area, Platte Valley Industrial Park – East, Wildwood Subdivision, Merrick
County, and relocations for the Burlington Northern Santa Fe (BNSF) project. For these
construction projects, it is the Utility Department’s policy to supply fire hydrants in
accordance with Fire Department requirements and engineering standards.
Discussion
In order to obtain the best price by volume purchasing, specifications and bidding
documents were prepared for the purchase of ninety (90) fire hydrants to be installed
during the 2012 construction season. The material contract was advertised in accordance
with the City Procurement Code, and bids were publicly opened on March 29, 2012 at
2:15 p.m. Three bids were received as tabulated below.
Bidder Exceptions Bid Price
HD Supply Waterworks None $125,460.00
Omaha, NE
Municipal Supply, Inc. None $132,660.00
Hastings, NE
Lincoln WinWater None $141,300.00
Lincoln, NE
Grand Island Council Session - 4/10/2012 Page 156 / 239
All of the bids were compliant with the specifications and two of the bids were below the
engineer’s estimate of $140,000.00. Utility staff recommends that HD Supply
Waterworks is the low responsive bidder with a bid price of $125,460.00.
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 Contract 2012-FH-1 for ninety
(90) fire hydrants to the low responsive bidder, HD Supply Waterworks of Omaha,
Nebraska, in the amount of $125,460.00.
Sample Motion
Move to approve Contract 2012-FH-1 for (ninety) 90 fire hydrants to HD Supply
Waterworks of Omaha, Nebraska in the amount of $125,460.00.
Grand Island Council Session - 4/10/2012 Page 157 / 239
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:March 29, 2012 at 2:15 p.m.
FOR:Fire Hydrant Contract 2012-FH-1
DEPARTMENT:Utilities
ESTIMATE:$140,000.00
FUND/ACCOUNT:525
PUBLICATION DATE:March 15, 2012
NO. POTENTIAL BIDDERS:3
SUMMARY
Bidder:H D Supply Waterworks Municipal Supply, Inc.
Omaha, NE Hastings, NE
Exceptions:None None
Bid Price:$125,460.00 $132,660.00
Bidder:Lincoln Winwater
Lincoln, NE
Exceptions:None
Bid Price:$141,300.00
cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director
Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist.
Mary Lou Brown, City Administrator Sue Bigley, Utilities Secretary
P1549
Grand Island Council Session - 4/10/2012 Page 158 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-91
WHEREAS, the City of Grand Island invited sealed bids for ninety (90) fire
hydrants, according to plans and specifications on file with the Utilities Department; and
WHEREAS, on March 29, 2012, bids were received, opened and reviewed; and
WHEREAS, HD Supply Waterworks of Omaha, 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 $125,460.00; and
WHEREAS, the bid of HD Waterworks is less than the engineer’s estimate of
$140,000 for ninety (90) fire hydrants.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of HD Waterworks, in the
amount of $125,460.00 for ninety (90) fire hydrants is hereby approved as the lowest responsible
bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 159 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G11
#2012-92 - Approving Amendment to Finance Personnel FTE
Budget Allocation
Staff Contact: Jaye Monter
Grand Island Council Session - 4/10/2012 Page 160 / 239
Council Agenda Memo
From:Jaye Monter, Finance Director
Meeting:April 10, 2012
Subject:Approving Amendment to Finance Personnel FTE
Budget Allocation
Item #’s:G-11
Presenter(s):Jaye Monter, Finance Director
Background
The Finance Department has a unique opportunity to bring an intern on staff for the
summer from the University of Nebraska at Kearney. This young man has finished his
third year of college on his way to receiving his Bachelor of Science in Business
Administration with an emphasis in Accounting and Finance. Currently the Finance
Department does not have a seasonal FTE allocation in the 2012 budget. In order to hire
this position, an FTE under the seasonal classification must exist within the department.
An estimated 13 week period would require a .25 seasonal FTE. The additional dollars of
approximately $5,400 will be absorbed within the current Finance Personnel budget.
Discussion
The Finance Department has been understaffed since December of 2010 when Mary Lou
Brown took over as Interim City Administrator and continued her duties as Finance
Director. This void continued after Mary Lou’s permanent appointment as City
Administrator in April of 2011 while continuing her duties as Finance Director. In
September of 2011 Jaye Monter accepted the Interim Finance Director position and
continued her duties as Senior Accountant. Today the Finance Department is still
understaffed while searching for a Senior Accountant. An additional seasonal employee
this summer will help the Finance Department prepare for program prioritization
budgeting, update the City’s Financial Trend monitoring, review budgeting and website
information of other Cities, and help finance staff with other duties as needed.
Grand Island Council Session - 4/10/2012 Page 161 / 239
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 amendment to the
Finance Personnel FTE Budget Allocation with an increase of a .25 Seasonal FTE.
Sample Motion
Move to approve this amendment to the Finance Personnel FTE Budget Allocation with
an increase of a .25 Seasonal FTE.
Grand Island Council Session - 4/10/2012 Page 162 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-92
WHEREAS, the City of Grand Island and the Finance Department have an
opportunity to bring an intern on staff for the summer of 2012; and
WHEREAS, this individual is on his way to a degree in accounting and finance
and will be able to assist the Finance Department with program prioritization budgeting,
financial trend monitoring and help other finance staff as needed; and
WHEREAS, in order to hire this position a seasonal FTE of .25 must exist with
the Finance Department’s personnel budget: and
WHEREAS, an amendment to the Finance Personnel FTE Budget Allocation is
necessary to allow for the hiring of a .25 Seasonal FTE.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that amending the Finance Personnel FTE
Budget Allocation with an increase of a .25 Seasonal FTE is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 163 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G12
#2012-93 - Approving Time Extension for 911 Phone Installation
Staff Contact: Jon Rosenlund
Grand Island Council Session - 4/10/2012 Page 164 / 239
Council Agenda Memo
From:Jon Rosenlund, Director of Emergency Management
Meeting:April 10, 2012
Subject:Approving Time Extension to the Contract with Platte
Valley Communications for 911 Phone Installation
Item #’s:G-12
Presenter(s):Jon Rosenlund, Director of Emergency Management
Background
The City Council awarded the bid for purchase and installation of a 911 Telephone
System to Platte Valley Communications of Grand Island, Nebraska on January 24, 2012.
Any changes to the contract require council approval. Platte Valley Communications is
requesting that the final completion date be changed from April 30, 2012 to May 31,
2012. Currently, the installation schedule is proposed as:
Week of 4-23 – Installation
Week of 4-30 Installation
Week of 5-7 – GIEC Staff Training
Week of 5-14 – Cutover Week
5-16 – Cutover @ 10:00 Central time
Discussion
Several factors have delayed completion of the project; including the order and delivery
of equipment, installation of communications infrastructure.
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
Grand Island Council Session - 4/10/2012 Page 165 / 239
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve extending the completion date
to May 31, 2012.
Sample Motion
Move to approve extension of completion.
Grand Island Council Session - 4/10/2012 Page 166 / 239
CONTRACT TIME EXTENSION
PROJECT:911 CPE System
CONTRACTOR:Platte Valley Communications
AMOUNT OF ORIGINAL CONTRACT:$168,835.00
CONTRACT DATE:January 24, 2012
Notice to Proceed Date -------------------------------------------------January 24, 2012
Original Completion Date -----------------------------------------------April 30, 2012
Revised Completion Date -------------------------------------------May 31, 2012
Contractor Platte Valley Communications
By____________________________________Date_______________________
Title___________________________________
CITY OF GRAND ISLAND, NEBRASKA
By____________________________________Date________________________
Mayor
Attest_________________________________
City Clerk
Grand Island Council Session - 4/10/2012 Page 167 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-93
WHEREAS, on January 24, 2012, by Resolution 2012-5, the City Council of the
City of Grand Island approved the bid of Platte Valley Communications of Grand Island,
Nebraska for the purchase and installation of a 911 CPE System; and
WHEREAS, the completion of such project has been delayed due to several
factors; and
WHEREAS, The Platte Valley Communications has requested an extension from
April 30, 2012 to May 31, 2012 in order to complete the project; and
WHEREAS, the Emergency Management Department support such contract
extension.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the completion date for the purchase
and installation of a 911 CPE System is hereby extended until May 31, 2012.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such contract modification on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 168 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G13
#2012-94 - Approving Bid Award for Concrete Pavement and
Storm Sewer Repairs for 2012
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 4/10/2012 Page 169 / 239
Council Agenda Memo
From:Shannon Callahan, Street Superintendent
Meeting:April 10, 2012
Subject:Approving Bid Award for Concrete Pavement and Storm
Sewer Repairs for 2012
Item #’s:G-13
Presenter(s):John Collins, Public Works Director
Background
On March 14, 2012 the Streets Division of the Public Works Department advertised for
bids for concrete pavement and storm sewer repairs for the calendar year 2012. The
contracted concrete pavement and storm sewer work supplements the repair work that is
performed by the City’s crews.
Discussion
Two (2) bids were received and opened on March 29, 2012. 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
Bid Price $733,175.00
Labor (per hour)$45.00
Skid Steer Loader (per hour)$40.00
Front End Loader (per hour)$50.00
Backhoe (per hour)$50.00
O.K. Paving of Hordville, NE None
Dump Truck-10 c.y. (per hour)$50.00
Bid Price $989,438.00
Labor (per hour)$45.00
Skid Steer Loader (per hour)$45.00
Front End Loader (per hour)$110.00
Backhoe (per hour)$110.00
The Diamond Engineering
Co. of Grand Island, NE
None
Dump Truck-10 c.y. (per hour)$125.00
Grand Island Council Session - 4/10/2012 Page 170 / 239
There are sufficient funds in Account No. 10033506-85351 (Concrete Repair),
10033504-85318 (Storm Sewer Repair), 10033503-85318 (Curb & Gutter), and
10033503-85547 (Street Repair Materials) 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 2011/2012, 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 $733,175.00.
Sample Motion
Move to approve the bid award.
Grand Island Council Session - 4/10/2012 Page 171 / 239
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:March 29, 2012 at 2:00 p.m.
FOR:Concrete Pavement & Storm Sewer Repair 2012
DEPARTMENT:Public Works
ESTIMATE:$800,000.00
FUND/ACCOUNT:10033506-85351 10033504-85318
10033503-85318 10033503-85547
PUBLICATION DATE:March 14, 2012
NO. POTENTIAL BIDDERS:6
SUMMARY
Bidder:Diamond Engineering Co.OK Paving, Inc.
Grand Island, NE Hordville, NE
Bid Security:Universal Surety Co.$36,658.75
Exceptions:None None
Bid Price:$989,438.00 $733,175.00
Labor:$45.00 per hour $45.00 per hour
Sid Steer Loader:$45.00 per hour $40.00 per hour
Front End Loader:$110.00 per hour $50.00 per hour
Backhoe:$110.00 per hour $50.00 per hour
Dump Truck-10 CY:$125.00 per hour $50.00 per hour
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Jason Eley, Purchasing Agent Shannon Callahan, Street Superintendent
Mary Lou Brown, City Administrator
P1547
Grand Island Council Session - 4/10/2012 Page 172 / 239
CONTRACT AGREEMENT
THIS AGREEMENT made and entered into this 10th day of April, 2012, by and between OK Paving,
Inc. hereinafter called the Contractor, and the City of Grand Island, Nebraska, hereinafter called the City.
WITNESSETH:
THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and
an advertisement calling for bids to be published, for furnishing of Concrete Pavement & Storm Sewer
Repair 2012; and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the
proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive bidder, and
has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the
Contractor’s bid, a copy thereof being attached to and made a part of this contract;
NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual
agreements herein contained, the parties have agreed and hereby agree, the City for itself and its
successors, and the Contractor for itself, himself, or themselves, and its, his, or their successors, as
follows:
ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and
other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies
and equipment specified and required to be incorporated in and form a permanent part of the completed
work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner
and in accordance with the requirements, stipulations, provisions, and conditions of the contract
documents as listed in the attached General Specifications, said documents forming the contract and being
as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work
included in and covered by the City’s official award of this contract to the said Contractor, such award
being based on the acceptance by the City of the Contractor’s bid;
ARTICLE II. That the City shall pay to the Contractor for the performance of the work embraced in this
contract and the Contractor will accept as full compensation therefore the sum of
Seven Hundred Thirty Three Thousand One Hundred Seventy Five and 00/100 Dollars
($733,175.00) bid price.
Labor (per hour)$45.00
Skid Steer Loader (per hour)$40.00
Front End Loader (per hour)$50.00
Backhoe (per hour)$50.00
Dump Truck-10 c.y. (per hour)$50.00
For all services, materials and work covered by and included in the contract award and designated in the
foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the
General Specifications.
ARTICLE III. The Contractor hereby agrees to act as agent for the City in purchasing materials and
supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies
for the purchase price, but the Contractor shall handle all payments hereunder on behalf of the City. The
vendor shall make demand or claim for payment of the purchase price from the City by submitting an
invoice to the Contractor. Title to all materials and supplies purchased hereunder shall vest in the City
1Grand Island Council Session - 4/10/2012 Page 173 / 239
CONTRACT AGREEMENT (Continued) CONCRETE PAVEMENT &
STORM SEWER REPAIR 2012
directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City.
The Contractor shall not acquire title to any materials and supplies incorporated into the project. All
invoices shall bear the Contractor’s name as agent for the City. This paragraph will apply only to these
materials and supplies actually incorporated into and becoming a part of the finished product of Concrete
Pavement & Storm Sewer Repair 2012.
ARTICLE IV. That the Contractor shall start work as soon as possible after the contract is signed, and that
the terms of the contract shall expire December 31, 2012.
ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the
execution of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to
comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the
Unemployment Compensation Fund of the State of Nebraska. During the performance of this contract, the
Contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on
the basis of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply
with all applicable Local, State and Federal rules and regulations.
ARTICLE VI. Gratuities and Kickbacks. City Code states that it is unethical for any person to offer, give
or agree to give any City employee or former City employee, or for any City employee or former City
employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of
employment in connection with any decision, approval, disapproval, recommendation, or preparation of
any part of a program requirement or a purchase request, influencing the content of any specification or
procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any
proceeding or application, request for ruling, determination, claim or controversy, or other particular
matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or
proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by
or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any
person associated therewith, as an inducement for the award of a subcontract or order.
ARTICLE VII, Fiscal Year Budget. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and
year first above written.
OK PAVING, INC.
By ______________________________________________Date ________________________
Title _____________________________________________
2Grand Island Council Session - 4/10/2012 Page 174 / 239
CONTRACT AGREEMENT (Continued) CONCRETE PAVEMENT &
STORM SEWER REPAIR 2012
CITY OF GRAND ISLAND NEBRASKA
By ______________________________________________Date ________________________
Mayor
Attest ____________________________________________
City Clerk
The contract is in due form according to law and is hereby approved.
_________________________________________________Date ________________________
Attorney for the City
3Grand Island Council Session - 4/10/2012 Page 175 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-94
WHEREAS, the City of Grand Island invited sealed bids for Concrete Pavement
and Storm Sewer Repairs 2012, according to plans and specifications on file with the Streets
Division of the Public Works Department; and
WHEREAS, on March 29, 2012, 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 $733,175.00; 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 $733,175.00 for Concrete Pavement and Storm Sewer Repairs 2012
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, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 176 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G14
#2012-95 - Approving Correction to Resolution No. 2010-361;
Acquisition of Landscape Easements Located in Business
Improvement District No. 6 (Second Street)
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 4/10/2012 Page 177 / 239
Council Agenda Memo
From:Scott Griepenstroh, Public Works Project Manager
Meeting:April 10, 2012
Subject:Approving Correction to Resolution No. 2010-361;
Acquisition of Landscape Easements Located in Business
Improvement District No. 6 (Second Street)
Item #’s:G-14
Presenter(s):John Collins, Public Works Director
Background
Business Improvement District No. 6 was formed in conjunction with the widening
project of Second Street from Grant Street to Clark Street. This district was formed with
an objective to utilize and promote sustainable landscaping. Trees, shrubs and grasses
were selected that require low watering, less maintenance, and are suitable for Nebraska’s
climate. Landscaping items were installed on 31 properties along Second Street within
the business improvement district.
On December 21, 2010 City Council approved, by Resolution No. 2010-361, the
acquisition of landscape easements located in Business Improvement District (BID) No.
6, along Second Street.
Discussion
Maintenance and watering will continue to be required for the trees and various plantings
to ensure these items will remain healthy and vibrant. An easement at each property will
allow access to maintain these items.
The landscape easements along 2nd Street are being handled in the same fashion as the
landscape easements along the Locust Street BID. The property owners donate the
easement at no cost to the City. The easements allow for signs to be placed and existing
parking lots to remain. Any further encroachments into the landscape easements require a
license agreement. The property owner cannot disturb landscaping placed into the
easement without permission from the BID.
Grand Island Council Session - 4/10/2012 Page 178 / 239
Upon completion of the 2nd Street improvement project several of the landscape
easements were not used; either the property owner did not allow landscaping, or there
was no need for landscaping. The purpose of updating the originally approved Resolution
No. 2010-361 is to update the properties involved with the landscaping.
The properties included in Business Improvement District No. 6 landscaping are listed
below.
North
Five Points Bank - 1704 W 2nd Street
Overland National Bank (Wells Fargo Bank) - 920 W 2nd Street
J.J.A. Holdings, LLC - 1020 W 2nd Street
Real Estate Group of Grand Island, Inc. - 1824 W 2nd Street
RSI, Inc. - 2114 W 2nd Street
Victoria Land Partners L.P. - 2010 W 2nd Street
Merleen J Johnson, Trustee - 1808 W 2nd Street
John Michael & Bonna Barton Wanek - 802 W 2nd Street
Mary Story - 816 W 2nd Street
South
Walgreen Co. - 1515 W 2nd Street
Raile Properties, L.L.C. - 823 W 2nd Street
AutoZone Development Corp. - 1717 W 2nd Street
Daffodil, L.L.C. - 113 N Clay Street
J & B Rentals, L.L.C. - 1919 W 2nd Street
G.I.P.H. Restaurants, L.L.C. - 1015 W 2nd Street
Video Kingdom of Grand Island, Inc. - 1723 W 2nd Street
High Road, L.L.C. - 805 W 2nd Street
Grand Island Woman's Club, Inc. - 1109 W 2nd Street
Meme Saycocie - 1903 W 2nd Street
C & A Properties, L.L.C. - 915 W 2nd Street
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
Grand Island Council Session - 4/10/2012 Page 179 / 239
Recommendation
City Administration recommends that the Council approve the correction to Resolution
No. 2010-361 for the acquisition of landscape easements in Business Improvement
District No. 6.
Sample Motion
Move to approve the correction to Resolution No. 2010-361.
Grand Island Council Session - 4/10/2012 Page 180 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-95
WHEREAS, a public hearing was held on December 21, 2010, for the purpose of
discussing the proposed acquisition of landscape easements in Business Improvement District
No. 6; and
WHEREAS, on December 21, 2010, by Resolution 2010-361, the City Council of
the City of Grand Island approved acquisition of landscape easements from the property owners
in Business Improvement District No. 6; and
WHEREAS, not all originally approved landscape easements are needed now;
and
WHEREAS, the following legal descriptions detail the actual acquired landscape
easements:
Five Points Bank REFERRING TO THE SOUTHWEST CORNER OF LOT EIGHT (8),
BLOCK THIRTEEN (13), KERNOHAN AND DECKER’S ADDITION,
THENCE NORTHERLY ON THE WEST LINE OF SAID LOT EIGHT (8)
FOR A DISTANCE OF 6.36’ TO THE ACTUAL POINT OF BEGINNING,
THENCE NORTHEASTERLY DEFLECTING 89°, 58 MINUTES, 01
SECONDS RIGHT A DISTANCE OF 39.25’, THENCE NORTHERLY
DEFLECTING 46°, 34 MINUTES, 34 SECONDS LEFT A DISTANCE OF
36.05’, THENCE NORTHWESTERLY DEFLECTING 43°, 12 MINTUES,
04 SECONDS LEFT A DISTANCE OF SIX (6) FEET, THENCE
NORTHEASTERLY DEFLECTING 89°, 46 MINTUES, 38 SECONDS
RIGHT A DISTANCE OF 1.97’ TO THE EAST LINE OF SAID LOT
EIGHT (8), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT
EIGHT (8), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT
EIGHT (8) FOR A DISTANCE OF 77.42’, THENCE WESTERLY ON A
PERPENDICULAR LINE TO THE EAST OF SAID LOT EIGHT (8) A
DISTANCE OF TEN (10) FEET, THENCE SOUTHERLY ON A LINE
TEN (10) FEET WEST OF AND PARALLEL TO THE EAST LINE OF
SAID LOT EIGHT (8) FOR A DISTANCE OF 79.45’, THENCE
SOUTHWESTERLY ON A LINE FOR A DISTANCE OF 26.85’, THENCE
WESTERLY ON A LINE FOR A DISTANCE OF 34.93’ TO THE WEST
LINE OF SAID LOT EIGHT (8), THENCE SOUTH ON THE WEST LINE
OF SAID LOT EIGHT (8) FOR A DISTANCE OF TEN (10) FEET TO
THE ACTUAL POINT OF BEGINNING.
J.J.A Holding, LLC REFERRING TO THE SOUTHWEST CORNER OF LOT SIX (6), BLOCK
EIGHTEEN (18), ARNOLD AND ABBOTT’S ADDITION, THENCE
NORTHERLY ON THE WEST LINE OF SAID LOT SIX (6) FOR A
DISTANCE OF 3.68’ TO THE ACTUAL POINT OF BEGINNING,
THENCE NORTHEASTERLY DEFLECTING 89°, 58 MINUTES, 01
SECONDS RIGHT A DISTANCE OF SIXTY SIX (66) FEET TO THE
EAST LINE OF SAID LOT SIX (6), THENCE NORTHERLY ON THE
EAST LINE OF SAID LOT SIX (6) FOR A DISTANCE OF FIFTEEN (15)
FEET, THENCE WESTERLY ON A LINE FOR A DISTANCE OF SIXTY
SIX (66) FEET TO THE WEST LINE OF SAID LOT SIX (6), THENCE
SOUTHERLY ON THE WEST LINE OF SAID LOT SIX (6) FOR A
Grand Island Council Session - 4/10/2012 Page 181 / 239
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DISTANCE OF FIFTEEN (15) FEET TO THE ACTUAL POINT OF
BEGINNING.
Overland National Bank
(Wells Fargo Bank)REFERRING TO THE SOUTHWEST CORNER OF LOT FIVE (5),
BLOCK ONE HUNDRED EIGHTEEN (118), RAILROAD ADDITION,
THENCE NORTHERLY ON THE WEST LINE OF SAID LOT FIVE (5) A
DISTANCE OF 10.43’ TO THE ACTUAL POINT OF BEGINNING,
THENCE EASTERLY DEFLECTING 125°, 23 MINUTES, 21 SECONDS
RIGHT A DISTANCE OF EIGHTEEN (18) FEET TO THE SOUTHERLY
LINE OF SAID LOT FIVE (5), THENCE NORTHEASTERLY ON THE
SOUTH LINE OF LOTS FIVE (5), SIX (6), SEVEN (7) AND EIGHT (8) IN
BLOCK ONE HUNDRED EIGHTEEN (118), RAILROAD ADDITION TO
THE SOUTHEAST CORNER OF SAID LOT EIGHT (8), THENCE
NORTHERLY ON THE EAST LINE OF SAID LOT EIGHT (8) FOR A
DISTANCE OF FORTY (40) FEET THENCE WESTERLY ON A LINE
PERPENDICULAR TO THE EAST LINE OF SAID LOT EIGHT (8) FOR
A DISTANCE OF TEN (10) FEET, THENCE SOUTHERLY ON A LINE
TEN (10) FEET WEST OF AND PARALLEL TO THE EAST LINE OF
SAID LOT EIGHT (8) FOR A DISTANCE OF TEN (10) FEET, THENCE
WEST ON A LINE TWENTY (20) FEET NORTH OF AND PARALLEL
TO THE SOUTH LINE OF SAID LOT EIGHT (8) TO THE WEST LINE
OF SAID LOT EIGHT (8), THENCE SOUTHERLY ON THE WEST LINE
OF SAID LOT EIGHT (8) FOR A DISTANCE OF TEN (10) FEET,
THENCE WESTERLY ON A LINE TEN (10) FEET NORTH OF AND
PARALLEL TO THE SOUTH LINE OF LOTS FIVE (5), SIX (6) AND
SEVEN (7), BLOCK ONE HUNDRED EIGHTEEN (118), RAILROAD
ADDITION TO A POINT TEN (10) FEET EAST OF THE WEST LINE OF
SAID LOT FIVE (5), THENCE NORTHERLY ON A LINE TEN (10)
FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID LOT
FIVE (5) FOR A DISTANCE OF THIRTY (30) FEET, THENCE
WESTERLY ON A LINE FOR A DISTANCE OF TEN (10) FEET TO THE
WEST LINE OF SAID LOT FIVE (5), THENCE SOUTHERLY ON THE
WEST LINE TO THE ACTUAL POINT OF BEGINNING.
J.J.A. Holdings, LLC. REFERRING TO THE SOUTHWEST CORNER OF LOT FIVE (5),
BLOCK EIGHTEEN (18), ARNOLD AND ABBOTT’S ADDITION,
THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT FIVE
(5) FOR A DISTANCE OF 11.36’ TO THE ACTUAL POINT OF
BEGINNING, THENCE EASTERLY DEFLECTING 134°, 56 MINUTES,
55 SECONDS RIGHT A DISTANCE OF 10.93’, THENCE
NORTHEASTERLY DEFLECTING 44°, 58 MINUTES, 54 SECONDS
LEFT A DISTANCE OF 58.27’ TO THE EAST LINE OF SAID LOT FIVE
(5), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT FIVE
(5) FOR A DISTANCE OF TEN (10) FEET, THENCE WESTERLY ON A
LINE FOR A DISTANCE OF SIXTY SIX (66) FEET TO THE WEST LINE
OF SAID LOT FIVE (5) THENCE SOUTHERLY ON THE WEST LINE
OF SAID LOT FIVE (5) TO THE ACTUAL POINT OF BEGINNING.
Real Estate Group of
Grand Island, Inc.REFERRING TO THE SOUTHWEST CORNER OF FRACTIONAL LOT
FIVE (5), BLOCK FOURTEEN (14), KERNOHAN AND DECKER’S
Grand Island Council Session - 4/10/2012 Page 182 / 239
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ADDITION, AND FRACTION LOT FIVE (5), BLOCK FIFTY ONE (51),
PACKER AND BARR’S SECOND ADDITION, THENCE NORTHERLY
ON THE WEST LINE OF SAID LOT A DISTANCE OF 15.82’ TO THE
ACTUAL POINT OF BEGINNING, THENCE EASTERLY DEFLECTING
134°, 58 MINUTES, 30 SECONDS RIGHT A DISTANCE OF 19.49’,
THENCE NORTHEASTERLY DEFLECTING 45°, 00 MINUTES, 30
SECONDS LEFT A DISTANCE OF 85.22’ TO THE EAST LINE OF THE
WEST THIRTY THREE (33) FEET OF LOT SIX (6), BLOCK FOURTEEN
(14), KERNOHAN AND DECKER’S ADDITION, THENCE
NORTHERLY ON SAID LINE A DISTANCE OF TEN (10) FEET,
THENCE WESTERLY ON A LINE TO THE ACTUAL POINT OF
BEGINNING.
Grand Island
Properties, LLC REFERRING TO THE SOUTHWEST CORNER OF LOT FIVE (5),
BLOCK TWELVE (12), KERNOHAN AND DECKER’S ADDITION,
THENCE NORTHERLY ON THE WEST LINE OF SAID LOT FIVE (5)
FOR A DISTANCE OF 85.07’, THENCE NORTHEASTERLY
DEFLECTING 90°, 00 MINUTES, 00 SECONDS RIGHT A DISTANCE
OF 2.36’ TO THE ACTUAL POINT OF BEGINNING, THENCE
SOUTHEASTERLY DEFLECTING 84°, 50 MINUTES, 21 SECONDS
RIGHT A DISTANCE OF 48.24’, THENCE EASTERLY DEFLECTING
48°, 13 MINUTES, 56 SECONDS LEFT A DISTANCE OF 31.14’,
THENCE NORTHEASTERLY DELFECTING 36°, 38 MINUTES, 25
SECONDS LEFT A DISTANCE OF 25’, THENCE NORTHWESTERLY
ON A LINE TO THE ACTUAL POINT OF BEGINNING.
R.S.I., Inc.REFERRING TO THE SOUTHEAST CORNER OF LOT TEN (10),
BLOCK ELEVEN (11), BAKER’S ADDITION, THENCE NORTHERLY
ON THE EAST LINE OF SAID LOT TEN (10) A DISTANCE OF 9.56’ TO
A POINT, THENCE SOUTHERLY DEFLECTING 135°, 02 MINUTES, 03
SECONDS LEFT A DISTANCE OF 2.68’ TO THE ACTUAL POINT OF
BEGINNING, THENCE WESTERLY ON A LINE EIGHT (8) FEET
NORTH OF AND PARALLEL TO THE SOUTHERLY LINE OF LOTS
TEN (10), NINE (9) AND EIGHT (8) AND THE EAST HALF OF LOT
SEVEN (7) TO THE WEST LINE OF EAST HALF OF SAID LOT SEVEN
(7), THENCE SOUTHERLY ON THE WEST LINE OF SAID EAST HALF
OF LOT SEVEN (7) FOR A DISTANCE OF FIVE (5) FEET, THENCE
EASTLERY ON A LINE THREE (3) FEET NORTH OF AND PARALLEL
TO THE SOUTH LINE OF LOTS SEVEN (7), EIGHT (8) AND NINE (9),
BLOCK ELEVEN (11), BAKER’S ADDITION FOR A DISTANCE OF
100.52’, THENCE NORTHERLY ON A LINE PERPENDICULAR TO
THE SOUTH LINE OF LOT NINE (9), BLOCK ELEVEN (11), BAKER’S
ADDITION FOR A DISTANCE OF TWO (2) FEET, THENCE
EASTERLY ON A LINE FIVE (5) FEET NORTH OF AND PARALLEL
TO THE SOUTH LINE OF SAID LOT NINE (9) FOR A DISTANCE OF
27.5’, THENCE SOUTHERLY ON A LINE PERPENDICULAR TO THE
SOUTH LINE OF SAID LOT NINE (9) FOR A DISTANCE OF TWO (2)
FEET, THENCE EASTERLY ON A LINE THREE (3) FEET NORTH OF
AND PARALLEL TO THE SOUTH LINE OF LOTS NINE (9) AND TEN
(10), BLOCK ELEVEN (11), BAKER’S ADDITION FOR A DISTANCE
OF 48.02’, THENCE NORTHEASTERLY ON A LINE TO THE ACTUAL
Grand Island Council Session - 4/10/2012 Page 183 / 239
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POINT OF BEGINNING.
Victoria Land Partners, L.P.REFERRING TO THE SOUTHEAST CORNER OF LOT NINE (9),
BLOCK TWELVE (12), BAKER’S ADDITION, THENCE NORTHERLY
ON THE EAST LINE OF SAID LOT NINE (9) A DISTANCE OF 14.77’
TO THE ACTUAL POINT OF BEGINNING, THENCE CONTINUING
NORTHERLY ON THE EAST LINE OF SAID LOT NINE (9) A
DISTANCE OF 22.23’, THENCE WESTERLY ON A LINE
PERPENDICULAR TO THE EAST LINE OF LOT NINE (9) A
DISTANCE OF SIXTEEN (16) FEET, THENCE SOUTHERLY ON A
LINE SIXTEEN (16) FEET WEST OF AND PARALLEL TO THE EAST
LINE OF SAID LOT NINE (9) A DISTANCE OF THIRTY FIVE (35)
FEET, THENCE WESTERLY ON A LINE TWELVE (12) FEET NORTH
OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT NINE (9),
BLOCK TWELVE (12) FOR A DISTANCE OF 28’, THENCE
SOUTHERLY ON A LINE PERPENDICULAR TO THE SOUTH OF LOT
NINE (9), BLOCK TWELVE (12) FOR A DISTANCE OF 5’, THENCE
EASTERLY ON A LINE 2’ NORTH OF AND PARALLEL TO THE
SOUTH LINE OF LOT NINE (9), BLOCK TWELVE (12), THENCE
NORTHELRY DEFLECTING 45 00 MINUTES, 05 SECONDS LEFT A
DISTANCE OF 18.35’ TO THE ACTUAL POINT OF BEGINNING
Merleen J. Johnson,
Trustee REFERRING TO THE SOUTHEAST CORNER OF LOT EIGHT (8),
BLOCK FOURTEEN (14), KERNOHAN AND DECKER’S ADDITION,
THENCE NORTHERLY ON THE EAST LINE OF SAID LOT EIGHT (8)
A DISTANCE OF 13.72’ TO THE ACTUAL POINT OF BEGINNING,
THENCE CONTINUING NORTH ON THE EAST LINE OF SAID LOT
EIGHT (8) FOR A DISTANCE OF TEN (10) FEET, THENCE WEST ON
A LINE PERPENDICULAR TO THE EAST LINE OF SAID LOT EIGHT
(8) A DISTANCE OF TEN (10) FEET, THENCE SOUTHERLY ON A
LINE TEN (10) FEET WEST OF AND PARALLEL TO THE EAST LINE
OF SAID LOT EIGHT (8) FOR A DISTANCE OF TEN (10) FEET,
THENCE WESTERLY ON A LINE TO A POINT ON THE WEST LINE
OF THE EAST HALF OF LOT SIX (6), BLOCK FOURTEEN (14),
KERNOHAN AND DECKER’S ADDITION, THENCE SOUTHERLY ON
SAID LINE FOR A DISTANCE OF TEN (10) FEET, THENCE
NORTHEASTERLY DEFLECTING 89°, 58 MINUTES, 01 SECONDS
LEFT A DISTANCE OF 148.67’, THENCE NORTHERLY DEFLECTING
35°, 12 MINUTES, 18 SECONDS LEFT A DISTANCE OF TWENTY (20)
FEET TO THE ACTUAL POINT OF BEGINNING.
John Michael Wanek
Bonna Barton Wanek THE SOUTH FIFTEEN (15) FEET OF THE EAST TWENTY (20) FEET
OF LOT EIGHT (8), BLOCK ONE HUNDRED FOURTEEN (114),
RAILROAD ADDITION TO THE CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA.
Mary Story THE SOUTH TEN (10) FEET OF LOT SIX (6), BLOCK ONE HUNDRED
FOURTEEN (114), RAILROAD ADDITION TO THE CITY OF GRAND
ISLAND, HALL COUNTY, NEBRASKA.
Cleo E. Albright THE SOUTH FIFTEEN (15) FEET OF LOT FIVE (5), AND SOUTH
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FIFTEEN (15) FEET OF THE WEST TWENTY (20) FEET OF LOT SIX
(6), BLOCK TEN (10), KERNOHAN AND DECKER’S ADDITION,
EXCEPT STATE HIGHWAY RIGHT-OF-WAY, TO THE CITY OF
GRAND ISLAND, HALL COUNTY, NEBRASKA.
Walgreen Co.TRACT ONE (1), SUCH EASEMENT BEING LOCATED ON THE WEST
SIXTY (60) FEET OF LOT FOUR (4), BLOCK SEVENTEEN (17),
KERNOHAN AND DECKER’S ADDITION, EXCEPTING THERE FROM
THAT PORTION BEING CONVEYED TO THE STATE OF NEBRASKA
AS RIGHT-OF-WAY, TO THE CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA.
Walgreen Co.REFERRING TO THE NORTHEAST CORNER OF THE WEST FORTY
FOUR (44) FEET OF LOT TWO (2), BLOCK EIGHTEEN (18),
KERNOHAN AND DECKER’S ADDITION, THENCE SOUTHERLY ON
THE EAST LINE OF SAID WEST FORTY FOUR (44) FEET OF LOT
TWO (2) FOR A DISTANCE OF 2.26’ TO THE ACTUAL POINT OF
BEGINNING, THENCE WESTERLY ON A LINE PARALLEL TO THE
NORTH LINE OF LOT TWO (2) OF SAID SUBDIVISION FOR A
DISTANCE OF 20.0’, THENCE SOUTHERLY ON A LINE
PERPENDICULAR TO THE NORTH LINE OF SAID LOT TWO (2) FOR
A DISTANCE OF 10’, THENCE EASTERLY ON A LINE 12.26’ SOUTH
OF AND PARALLEL TO THE NORTH LINE OF SAID LOT TWO (2)
FOR A DISTANCE OF 20’, THENCE NORTHERLY ON THE EAST
LINE OF THE WEST FORTY FOUR (44) FEET OF SAID LOT TWO (2)
FOR A DISTANCE OF 10’ TO THE ACTUAL POINT OF BEGINNING.
Raile Properites, L.L.C.BEGINNING AT THE NORTHWEST CORNER OF LOT FOUR (4),
BLOCK ONE HUNDRED FIFTEEN (115), RAILROAD ADDITION,
THENCE SOUTH ON THE WEST LINE OF SAID LOT FOUR (4) A
DISTANCE OF 20’, THENCE EASTELRY ON A LINE
PERPENDICULAR TO THE WEST LINE OF SAID LOT FOUR (4) A
DISTANCE OF FIVE (5) FEET, THENCE NORTHERLY ON A LINE
FIVE (5) FEET EAST OF AND PARALLEL TO THE WEST LINE OF
SAID LOT FOUR (4) A DISTANCE OF FIFTEEN (15) FEET, THENCE
NORTHEASTERLY ON A LINE FIVE (5) FEET SOUTH OF AND
PARALLEL TO THE NORTH LINE OF SAID LOT FOUR (4) A
DISTANCE OF 56’, THENCE SOUTHEASTERLY ON A LINE FIVE (5)
FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT
FOUR (4) A DISTANCE OF FIFTEEN (15) FEET, THENCE
NORTHEASTERLY ON A LINE PERPENDICULAR TO THE EAST
LINE OF SAID LOT FOUR (4) A DISTANCE OF FIVE (5) FEET,
THENCE NORTHERLY ON THE EAST LINE OF SAID LOT FOUR (4)
FOR A DISTANCE OF 20’ TO THE NORTHEAST CORNER OF SAID
LOT FOUR (4), THENCE SOUTHWESTERLY ON THE NORTH LINE
OF SAID LOT FOUR (4) TO THE POINT OF BEGINNING.
AutoZone Development
Corporation REFERRING TO THE NORTHWEST CORNER OF LOT ONE (1),
AUTOZONE SUBDIVISION, THENCE SOUTH ON THE WEST LINE OF
SAID LOT ONE (1) A DISTANCE OF 5.7’ TO THE ACTUAL POINT OF
BEGINNING, THENCE EASTERLY ON A LINE FOR A DISTANCE OF
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131.45’, THENCE SOUTHERLY DEFLECTING 45°, 00 MINUTES, 09
SECONDS RIGHT FOR A DISTANCE OF 30.01’, THENCE
SOUTHERLY DEFLECTING 39°, 31 MINUTES, 02 SECONDS RIGHT
FOR A DISTANCE OF 46’, THENCE EASTERLY ON A LINE
PERPENDICULAR TO THE EAST LINE OF LOT ONE (1), AUTOZONE
SUBDIVISION FOR A DISTANCE OF 1.9’, THENCE SOUTH ON THE
EAST LINE OF SAID LOT ONE (1) FOR A DISTANCE OF 40’, THENCE
WESTERLY ON A LINE PERPENDICULAR TO THE EAST LINE OF
SAID LOT ONE (1) FOR A DISTANCE OF 15’, THENCE NORTHERLY
ON A LINE 15’ WEST OF AND PARALLEL TO THE EAST LINE OF
SAID LOT ONE (1) FOR A DISTANCE OF 92.01’, THENCE WESTERLY
ON A LINE FOR A DISTANCE OF 144’ TO A POINT ON THE WEST
LINE OF SAID LOT ONE (1), THENCE NORTHERLY ON THE WEST
LINE OF SAID LOT ONE (1) FOR A DISTANCE OF 14.3’ TO THE
ACTUAL POINT OF BEGINNING.
Daffodil, L.L.C.REFERRING TO THE NORTHEAST CORNER OF LOT FIVE (5),
BLOCK FIFTEEN (15), BAKER’S ADDITION, THENCE SOUTHERLY
ON THE EAST LINE OF SAID LOT FIVE (5) FOR A DISTANCE OF
4.32’ TO THE ACTUAL POINT OF BEGINNING, THENCE
SOUTHWESTERLY DEFELCTING 89°, 58 MINUTES, 01 SECONDS
RIGHT FOR A DISTANCE OF 47.43’, THENCE DEFLECTING 44°, 59
MINUTES, 38 SECONDS LEFT FOR A DISTANCE OF 9.3’ TO THE
WESTERLY LINE OF SAID LOT FIVE (5), TEHNCE SOUTHERLY ON
THE WEST LINE OF SAID LOT FIVE (5) FOR A DISTANCE OF 7.07’,
THENCE EAST ON A LINE PARALLEL TO THE NORTH LINE OF
SAID LOT FIVE (5) TO THE EAST LINE OF SAID LOT FIVE (5),
THENCE NORTHERLY ON THE EAST LINE OF SAID LOT FIVE (5)
FOR A DISTANCE OF 15’ TO THE ACTUAL POINT OF BEGINNING.
Robert V. Clark &
Bonnie Clark REFERRING TO THE NORTHEAST CORNER OF LOT FOUR (4),
BLOCK FIFTEEN (15), BAKER’S ADDITION, THENCE SOUTHERLY
ON THE EAST LINE OF SAID LOT FOUR (4) FOR A DISTANCE OF
4.29’, THENCE SOUTHWESTERLY DEFLECTING 89°, 58 MINUTES,
01 SECONDS RIGHT A DISTANCE OF 52’ TO THE WESTERLY LINE
OF SAID LOT FOUR (4), THENCE SOUTHERLY ON THE WEST LINE
OF SAID LOT FOUR (4) A DISTANCE OF 7.93’, THENCE EASTERLY
ON A LINE FOR A DISTANCE OF 52’ TO THE EASTERLY LINE OF
SAID LOT FOUR (4), THENCE NORTHERLY ON THE EAST LINE OF
SAID LOT FOUR (4) FOR A DISTANCE OF 7.93’ TO THE ACTUAL
POINT OF BEGINNING.
J & B Rentals, L.L.C.REFERRING TO THE NORTHEAST CORNER OF LOT FOUR (4),
BLOCK FOURTEEN (14), BAKER’S ADDITION, THENCE
SOUTHERLY ON THE EAST LINE OF SAID LOT FOUR (4) A
DISTANCE OF 4.09’ TO THE ACTUAL POINT OF BEGINNING,
THENCE SOUTHWESTERLY DEFLECTING 89°, 58 MINUTES, 01
SECONDS RIGHT A DISTANCE OF 52’ TO THE WESTERLY LINE OF
SAID LOT FOUR (4), THENCE SOUTHERLY ON THE WEST LINE OF
SAID LOT FOUR (4) A DISTANCE OF 15’, THENCE EASTERLY ON A
LINE FOR A DISTANCE OF 52’ TO THE EAST LINE OF SAID LOT
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FOUR (4), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT
FOUR (4) FOR A DISTANCE OF 15’ TO THE ACTUAL POINT OF
BEGINNING.
G.I.P.H. Restaurants, L.L.C.REFERRING TO THE NORTHEAST CORNER OF LOT THREE (3),
BLOCK TWENTY (20), ARNOLD AND ABBOTTS ADDITION,
THENCE SOUTHEASTERLY ON THE EAST LINE OF SAID LOT
THREE (3) FOR A DISTANCE OF 2.29’ TO THE ACTUAL POINT OF
BEGINNING, THENCE SOUTHWESTERLY DEFLECTING 89°, 58
MINUTES, 01 SECONDS RIGHT A DISTANCE OF 80.43’, THENCE
SOUTHEASTERLY DEFLECTING 90°, 00 MINUTES, 00 SECONDS
LEFT A DISTANCE OF 2’, THENCE SOUTHWESTERLY DEFLECTING
90°, 00 MINUTES, 00 SECONDS RIGHT A DISTANCE OF 45.79’,
THENCE SOUTHERLY DEFLECTING 44°, 58 MINTUES, 52 SECONDS
LEFT A DISTANCE OF 8.18’ TO THE SOUTHWESTERLY LINE OF
SAID LOT FOUR (4), THENCE SOUTHEASTERLY ON THE
WESTERLY LINE OF SAID LOT FOUR (4) A DISTANCE OF 4.29’,
THENCE NORTHEATERLY ON A LINE PARALLEL TO THE NORTH
LINE OF SAID LOTS THREE (3) AND FOUR (4) TO THE EASTERLY
LINE OF SAID LOT THREE (3), THENCE NORTHWESTERLY ON THE
EASTERLY LINE OF SAID LOT THREE (3) A DISTANCE OF 10’ TO
THE ACTUAL POINT OF BEGINNING.
Kelly Samson &
Brandy K. Wright REFERRING TO THE NORTHEAST CORNER OF LOT THREE (3),
BLOCK FOURTEEN (14), BAKER’S ADDITION, THENCE
SOUTHERLY ON THE EAST LINE OF SAID LOT THREE (3) FOR A
DISTANCE OF 4.06’ TO THE ACTUAL POINT OF BEGINNING,
THENCE SOUTHWESTERLY DEFLECTING 89°, 58 MINUTES, 01
SECONDS RIGHT A DISTANCE OF 52’ TO THE WESTERLY OF SAID
LOT THREE (3), THENCE SOUTHERLY ON THE WEST LINE OF SAID
LOT THREE (3) FOR A DISTANCE OF 10.03’, THENCE EAST ON A
LINE FOR A DISTANCE OF 52’ TO THE EAST LINE OF SAID LOT
THREE (3), THENCE NORTHERLY ON THE EAST LINE OF SAID LOT
THREE (3) FOR A DISTANCE OF 9.76’ TO THE ACTUAL POINT OF
BEGINNING.
Apfel Funeral Home, Inc.REFERRING TO THE NORTHEAST CORNER OF LOT THREE (3),
BLOCK FOUR (4), ARNOLD PLACE ADDITION, THENCE
SOUTHEASTERLY ON THE EAST LINE OF SAID LOT THREE (3) A
DISTANCE OF 2.49’ TO THE ACTUAL POINT OF BEGINNING,
THENCE SOUTHWESTERLY DEFLECTING 89°, 49 MINUTES, 55
SECONDS RIGHT A DISTANCE OF 117.74’, THENCE SOUTHERLY
DEFLECTING 44°, 59 MINTUES, 37 SECONDS LEFT A DISTANCE OF
20.17’ TO THE SOUTHWESTERLY LINE OF SAID LOT FOUR (4),
THENCE SOUTHEASTERLY ON THE WEST LINE OF SAID LOT
FOUR (4) FOR A DISTNACE OF 9.27’, THENCE NORTHEASTERLY
ON A LINE TO THE EAST LINE OF SAID LOT THREE (3), THENCE
NORTHWESTERLY ON THE EAST LINE OF SAID LOT THREE (3)
FOR A DISTANCE OF 20’ TO THE POINT OF BEGINNING.
Tina M. Royle REFERRING TO THE NORTHEAST CORNER OF LOT TWO (2),
Grand Island Council Session - 4/10/2012 Page 187 / 239
- 8 -
BLOCK FOURTEEN (14), BAKER’S ADDITION, THENCE
SOUTHERLY ON THE EAST LINE OF SAID LOT TWO (2) FOR A
DISTANCE OF 4.03’ TO THE ACTUAL POINT OF BEGINNING,
THENCE SOUTHWESTERLY DEFLECTING 89°, 58 MINUTES, 01
SECONDS, RIGHT A DISTANCE OF 52’, THENCE SOUTHERLY ON
THE WEST LINE OF SAID LOT TWO (2) A DISTANCE OF 9.76’,
THENCE NORTHEASTERLY ON A LINE TO THE EAST LINE OF
SAID LOT TWO (2), THENCE NORTHWESTERLY ON THE EAST
LINE OF SAID LOT TWO (2) FOR A DISTANCE OF 9.48’ TO THE
ACTUAL POINT OF BEGINNING.
Video Kingdom of REFERRING TO THE NORTHEAST CORNER OF LOT TWO (2),
Grand Island, Inc.AUTOZONE SUBDIVISION, THENCE SOUTHERLY ON THE EAST
LINE OF SAID LOT TWO (2) FOR A DISTANCE OF 5.70’, THENCE
SOUTHWESTERLY DEFLECTING 89°, 58 MINUTES, 01 SECONDS
RIGHT A DISTANCE OF 15.68’, THENCE SOUTHWESTERLY
DEFLECTING 1°, 58 MINUTES, 01 SECONDS RIGHT A DISTANCE OF
75.22’, THENCE SOUTHERLY DEFLECTING 46°, 38 MINTUES, 07
SECONDS LEFT A DISTANCE OF 17.04’, THENCE SOUTHEASTERLY
DEFLECTING 44°, 58 MINUTES, 05 SECONDS LEFT A DISTANCE OF
4.35’, THENCE NORTHEASTERLY ON A LINE TO A POINT ON THE
EASTERLY LINE OF SAID LOT TWO (2), THENCE
NORTHWESTERLY ON THE EAST LINE OF SAID LOT TWO (2) FOR
A DISTANCE OF 14.3’ TO THE ACTUAL POINT OF BEGINNING.
High Road, L.L.C.BEGINNING AT THE NORTHEAST CORNER OF LOT ONE (1),
BLOCK ONE HUNDRED FIFTEEN (115), RAILROAD ADDITION,
THENCE SOUTHWESTERLY ON THE NORTH LINE OF SAID LOT
ONE (1) FOR A DISTANCE OF 35’, THENCE SOUTHEASTERLY ON A
LINE TO A POINT ON THE EAST LINE OF SAID LOT ONE (1),
THENCE NORTHERLY ON THE EAST LINE OF SAID LOT ONE (1) A
DISTANCE OF 35’ TO THE POINT OF BEGINNING.
Grand Island Woman’s
Club, Inc.REFERRING TO THE NORTHEAST CORNER OF LOT ONE (1),
BLOCK FOUR (4), ARNOLD PLACE ADDITION, THENCE
SOUTHEASTERLY ON THE EAST LINE OF SAID LOT ONE (1) A
DISTANCE OF 10.16’ TO THE ACTUAL POINT OF BEGINNING,
THENCE WESTERLY DEFLECTING 134°, 57 MINUTES, 32 SECONDS
RIGHT A DISTANCE OF 10.96’, THENCE SOUTHWESTERLY
DEFLECTING 44°, 59 MINUTES, 32 SECONDS LEFT A DISTANCE OF
124.25’ TO THE SOUTHWESTERLY LINE OF SAID LOT TWO (2),
THENCE SOUTHEASTERLY ON THE WESTERLY LINE OF SAID LOT
TWO (2) FOR A DISTANCE OF 20’, THENCE NORTHEASTERLY ON A
LINE FOR A DISTANCE OF 82’, THENCE SOUTHEASTERLY ON A
LINE 50’ WEST OF AND PARALLEL TO THE EAST LINE OF LOT
ONE (1), BLOCK TWENTY ONE (21), ARNOLD PLACE ADDITION
FOR A DISTANCE OF 40’ NORTHEASTERLY ON A LINE
PERPENDICULAR TO THE EAST LINE OF LOT ONE (1), BLOCK
TWENTY ONE (21), ARNOLD PLACE ADDITION FOR A DISTANCE
OF 50’, THENCE NORTHERLY ON THE EAST LINE OF LOT ONE,
BLOCK TWENTY ONE (21), ARNOLD PLACE ADDITION TO THE
Grand Island Council Session - 4/10/2012 Page 188 / 239
- 9 -
ACTUAL POINT OF BEGINNING.
First Federal Savings &
Loan Assoc. of Lincoln REFERRING TO THE NORTHEAST CORNER OF LOT ONE (1),
BLOCK FIFTEEN (15), KERNOHAN AND DECKER’S ADDITION,
THENCE SOUTHEASTERLY ON THE EAST LINE OF SAID LONE
ONE (1) FOR A DISTANCE OF 10.75’ TO THE ACTUAL POINT OF
BEGINNING, THENCE WESTERLY DEFLECTING 126°, 13 MINUTES,
20 SECONDS RIGHT A DISTANCE OF 8.36’, THENCE
SOUTHWESTERLY DEFLECTING 36°, 15 MINUTES, 19 SECONDS
LEFT A DISTANCE OF 4.93’, THENCE SOUTHEASTERLY ON A LINE
11’ WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT
ONE (1) FOR A DISTANCE OF 14’, THENCE NORTHEASTERLY ON A
LINE PERPENDICULAR TO THE EAST LINE OF SAID LOT ONE (1)
FOR A DISTANCE OF 11’, THENCE NORTHERLY ON THE EAST
LINE OF SAID LOT ONE (1) TO THE ACTUAL POINT OF
BEGINNING.
Meme Saycocie REFERRING TO THE NORTHEAST CORNER OF LOT ONE (1),
BLOCK FOURTEEN (14), BAKER’S ADDITION, THENCE
SOUTHERLY ON THE EAST LINE OF SAID LOT ONE (1) A
DISTANCE OF 13.2’ TO THE ACTUAL POINT OF BEGINNING,
THENCE WESTERLY DEFLECTING 134°, 58 MINUTES, 47 SECONDS
RIGHT A DISTANCE OF 13’, THENCE SOUTHWESTERLY
DEFLECTING 45°, 00 MINUTES, 47 SECONDS LEFT A DISTANCE OF
44.8’ TO THE WESTERLY LINE OF SAID LOT ONE (1), THENCE
SOUTHERLY ON SAID WEST LINE A DISTANCE OF 9.48’, THENCE
EASTERLY ON A LINE FOR A DISTANCE OF 54’ TO THE ACTUAL
POINT OF BEGINNING.
C & A Properties, L.L.C.THE NORTH FIFTEEN (15) FEET OF THE WEST HALF OF LOT
THREE (3), BLOCK ONE HUNDRED SEVENTEEN (117), RAILROAD
ADDITION, TO THE CITY OF GRAND ISLAND, HALL COUNTY,
NEBRASKA.
Rafael Orozco &
Rita C. Orozco THE NORTH TEN (10) FEET OF LOT THREE (3), BLOCK ONE
HUNDRED FIFTEEN (115), RAILROAD ADDITION, TO THE CITY OF
GRAND ISLAND, HALL COUNTY, NEBRASKA.
McDonald’s Corporation THE SOUTH TEN (10) FEET OF THE NORTH THIRTEEN (13) FEET OF
LOT TWO (2), BLOCK SIX (6), SPAULDING AND GREGG’S
ADDITION, TO THE CITY OF GRAND ISLAND, HALL COUNTY,
NEBRASKA.
Grand Island Council Session - 4/10/2012 Page 189 / 239
- 10 -
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 update the actual acquired necessary landscape easements for Business
Improvement District No. 6, on the above described tracts of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 190 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G15
#2012-96 - Approving Award of Proposal for Engineering Services
Related to Environmental Monitoring Services at the Landfill
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 4/10/2012 Page 191 / 239
Council Agenda Memo
From:Jeff Wattier, Solid Waste Superintendent
Meeting:April 10, 2012
Subject:Approving Award of Proposal for Engineering Services
Related to Environmental Monitoring Services at the
Solid Waste Landfill
Item #’s:G-15
Presenter(s):John Collins, P.E., Public Works Director
Background
The Solid Waste Division of the Public Works Department is responsible for the
operation of the city's 330 acre solid waste landfill. The landfill is in Hall County and
located seven (7) miles north of Shelton, Nebraska at 19550 West Husker Highway, just
east of the Hall/Buffalo County Line.
On February 29, 2012 a Request For Proposals (RFP) for engineering services related to
environmental monitoring services at the landfill was advertised in the Grand Island
Independent and sent to six (6) potential proposers.
As per NDEQ Title 132-Integrated Solid Waste Management Regulations and the Grand
Island Regional Landfill operating permit #NE0210658, groundwater monitoring and
reporting must be performed on a semi-annual basis to ensure that landfill operations are
not impacting ground water quality.
Discussion
Six (6) proposals were received on March 20, 2012. The proposals were reviewed by
Solid Waste Superintendent, Jeff Wattier; Public Works Manager of Engineering
Services, Terry Brown, P.E.; and Public Works Storm Water Technician, Scott Sekutera.
G.N. Kuhn Engineering, LLC of Omaha, Nebraska submitted the proposal that was
chosen using evaluation criteria listed in the RFP.
G.N. Kuhn Engineering, LLC will provide engineering services to collect groundwater
samples, packing/shipping & handling water samples, laboratory analysis of water
Grand Island Council Session - 4/10/2012 Page 192 / 239
samples, statistical analysis of analytical results, documentation, and quality
control/quality assurance & reporting for the next five (5) years, for an amount not to
exceed $54,950.00.
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 proposal by G.N. Kuhn
Engineering, LLC of Omaha, Nebraska for an amount not to exceed $54,950.00.
Sample Motion
Move to approve the proposal by G.N. Kuhn Engineering of Omaha, Nebraska.
Grand Island Council Session - 4/10/2012 Page 193 / 239
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
ENVIRONMENTAL MONITORING SERVICES AT THE SOLID WASTE LANDFILL
RFP DUE DATE:March 20, 2012 at 2:30 p.m.
DEPARTMENT:Public Works
PUBLICATION DATE:February 29, 2012
NO. POTENTIAL BIDDERS:6
SUMMARY OF PROPOSALS RECEIVED
Aquaterra Env. Solutions, Inc.Midwest Laboratories, Inc.
Omaha, NE Omaha, NE
GSI SCS Engineers
Grand Island, NE Overland Park, KS
ATC Associates, Inc.G.N. Kuhn Engineering, LLC
Omaha, NE Omaha, NE
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Mary Lou Brown, City Administrator Jaye Monter, Finance Director
Jason Eley, Purchasing Agent Jeff Wattier, Solid Waste Supt.
P1541
Grand Island Council Session - 4/10/2012 Page 194 / 239
1
AGREEMENT
THIS AGREEMENT made and entered into this _10th___ day of __April________, 2012, by and between
_GNK Engineering, LLC_________ hereinafter called the Consultant, and the City of Grand Island, Nebraska,
hereinafter called the City.
WITNESSETH:
THAT, WHEREAS, in accordance with law, the City has caused agreement documents to be prepared and an
advertisement of a Request for Proposals for Professional Engineering Consulting Services for
Environmental Monitoring Services For The Solid Waste Landfill for the City of Grand Island, and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the
proposals submitted, and has determined that the aforesaid Consultant submitted the best proposal based on the
evaluation criteria listed in the Request For Proposals, a copy thereof being attached to and made a part of this
agreement, and has duly awarded to the said Consultant an agreement therefore, for the sum or sums named in the
Environmental Monitoring Services Proposal Form with terms & conditions submitted by the Consultant, a
copy thereof being attached to and made a part of this agreement;
NOW, THEREFORE, in consideration of the compensation to be paid to the Consultant and of the mutual
agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and
the Consultant for itself, himself, or themselves, and its, his (hers), or their successors, as follows:
ARTICLE I. That the Consultant shall (a) furnish all tools, equipment, superintendence, transportation, and other
construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and
equipment specified and required to be incorporated in and form a permanent part of the completed work; (c)
provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance
with the requirements, stipulations, provisions, and conditions of the agreement documents as listed in the attached
Request for Proposals for Environmental Monitoring Services For The Solid Waste Landfill for the City of
Grand Island and in the attached Environmental Monitoring Services Proposal Form as Submitted by the
Consultant; said documents forming the agreement and being as fully a part thereof as if repeated verbatim herein,
perform, execute, construct and complete all work included in and covered by the City's official award of this
agreement to the said Consultant, such award being based on the acceptance by the City of the Consultant's
proposal;
ARTICLE II. That the City shall pay to the Consultant for the performance of the work embraced in this
agreement and the Consultant will accept as full compensation therefore the sum (subject to adjustment as
provided by the agreement) of __Fifty-Four Thousand Nine Hundred Fifty 00/100_ Dollars ($54,950.00) for
all services, materials, and work covered by and included in the agreement award and designated in the
foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the
agreement.
ARTICLE III. The Consultant hereby agrees to act as agent for the City in purchasing materials and supplies for
the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase
price, but the consultant shall handle all payments hereunder on behalf of the City. The vendor shall make demand
or claim for payment of the purchase price from the City by submitting an invoice to the Consultant. Title to all
materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the
method of payment, title shall vest immediately in the City. The Consultant shall not acquire title to any materials
and supplies incorporated into the project. All invoices shall bear the consultant's name as agent for the City. This
paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the
Grand Island Council Session - 4/10/2012 Page 195 / 239
2
Consulting Services for Environmental Monitoring Services AGREEMENT
For The Solid Waste Landfill (Continued)
finished product of attached Request for Proposals for Environmental Monitoring Services For The Solid
Waste Landfill for the City of Grand Island.
ARTICLE IV. That the Consultant shall start work as soon as possible after the agreement is signed.
ARTICLE V. The Consultant agrees to comply with all applicable State fair labor standards in the execution of
this agreement as required by Section 73-102, R.R.S. 1943. The Consultant further agrees to comply with the
provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund
of the State of Nebraska. During the performance of this agreement, the Consultant and all Sub Consultants agree
not to discriminate in hiring or any other employment practice on the basis of race, color, religion, gender, national
origin, age or disability. The Consultant agrees to comply with all applicable Local, State and Federal rules and
regulations.
ARTICLE VI. 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.
ARTICLE VII. GRATUITIES AND KICKBACKS: City Code states that it is unethical for any person to offer,
give, or agree to give any City employee or former City employee, or for any City employee or former City
employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of
employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part
of a program requirement or a purchase request, influencing the content of any specification or procurement
standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or
application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any
program requirement or an agreement or sub agreement, or to any solicitation or proposal therefore. It shall be
unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a Sub Consultant
under an agreement to the prime Consultant or higher tier Sub Consultant or any person associated therewith, as
an inducement for the award of a Sub Consultant to order.
ARTICLE VIII. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate
against any employee or applicant for employment because of age, race, color, religious creed, ancestry,
handicap, sex or political affiliation.
ARTICLE IX. LB 403: Every public consultant and his, her or its subconsultants who are awarded an
agreement by the City for the physical performance of services within the State of Nebraska shall register with
and use a federal immigration verification system to determine the work eligibility status of new employees
physically performing services within the State of Nebraska.
Grand Island Council Session - 4/10/2012 Page 196 / 239
3
Consulting Services for Environmental Monitoring Services AGREEMENT
For The Solid Waste Landfill (Continued)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above
written.
GNK ENGINEERING, LLC.
By
Title
CITY OF GRAND ISLAND, NEBRASKA,
By
Jay Vavricek, Mayor
Attest:
RaNae Edwards, City Clerk
The agreement is in due form according to law and is hereby approved.
Jason Eley, Asst. City Attorney
Grand Island Council Session - 4/10/2012 Page 197 / 239
4
APPENDIX A – TITLE VI NON-DISCRIMINATION -
During the performance of this agreement, the consultant, for itself, its assignees and successors in interest
(hereinafter referred to as the "consultant") agrees as follows:
(1)Compliance with Regulations: The consultant shall comply with the Regulation relative to
nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT")
Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter
“FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of
this agreement.
(2)Nondiscrimination: The Consultant, with regard to the work performed by it during the agreement, shall
not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the
selection and retention of subconsultants, including procurements of materials and leases of equipment. The
consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR,
section 21.5 of the Regulations, including employment practices when the agreement covers a program set
forth in Appendix B of the Regulations.
(3)Solicitations for Subconsultants, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the consultant for work to be performed
under a subagreement, including procurements of materials or leases of equipment, each potential
subconsultant or supplier shall be notified by the consultant of the consultant's obligations under this
agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national
origin, sex, age, and disability/handicap.
(4)Information and Reports: The consultant shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the City of Grand Island or the
FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of a consultant is in the exclusive possession of another who fails or refuses to furnish
this information the consultant shall so certify to the City of Grand Island, or the FHWA as appropriate, and
shall set forth what efforts it has made to obtain the information.
(5)Sanctions for Noncompliance: In the event of the consultant's noncompliance with the nondiscrimination
provisions of this agreement, the City of Grand Island shall impose such agreement sanctions as it or the
FHWA may determine to be appropriate, including, but not limited to:
(a.)withholding of payments to the consultant under the agreement until the consultant complies, and/or
(b.)cancellation, termination or suspension of the agreement, in whole or in part.
(6)Incorporation of Provisions: The consultant shall include the provisions of paragraphs (1) through (6) in
every subagreement, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto.
The consultant shall take such action with respect to any subagreement or procurement as the City of Grand
Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non-
compliance: Provided, however, that, in the event a consultant becomes involved in, or is threatened with,
litigation with a subconsultant or supplier as a result of such direction, the consultant may request the City of
Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the
consultant may request the United States to enter into such litigation to protect the interests of the United States.
Grand Island Council Session - 4/10/2012 Page 198 / 239
5
G.N. KUHN ENGINEERING, LLC (GNK) ---
TERMS AND CONDITIONS FOR PROFESSIONAL CONSULTING SERVICES
1.SCOPE OF SERVICES: GNK will perform the services set forth in the proposal for this project, of which these
terms and conditions are a part. Initiation of services by GNK will automatically incorporate these terms and
conditions into this project.
2.PAYMENTS: GNK will submit invoices to client monthly and a final bill upon completion of services. Time is of
the essence in payment of invoices and timely payment is a material part of the consideration of this Agreement.
Payment is due upon presentation of invoice and is past due 30 days from the date of invoice. Client agrees to
pay a finance charge of one and one half percent per month on past due accounts. Client also agrees to pay all
costs and expenses, including reasonable attorney fees incurred by GNK relating to collection proceedings on
overdue accounts. Failure of client to abide by the provisions of this section will be considered grounds for
termination by GNK.
3.OWNERSHIP OF DOCUMENTS: All documents prepared by GNK are considered instruments of service, and
shall remain the property of GNK. Any reuse by client without written verification or adaptation by GNK for the
specific purpose intended will be at client’s sole risk and without legal liability or exposure to GNK.
4.INSURANCE: GNK will maintain appropriate workers compensation/employers liability; automobile; general
liability; and professional liability insurance coverages at all times. An insurance certificate will be provided upon
request.
5.INDEMNITY: GNK will indemnify client for a loss, damage or injury to the extent a loss, damage or injury is
caused by the negligent errors or omissions of GNK or any of its employees.
6.LIMITATION OF LIABILITY: GNK and client agree to allocate certain risks so that GNK’s total aggregate liability
to client is limited to $50,000 or the fee for services, whichever is greater, and client hereby releases GNK from
any liability above such amount. This applies to any loss and all injuries, damages, claims or expenses, including
attorneys’ fees and expert witness fees, arising out of this Agreement from any cause or causes. Such causes
include, but are not limited to, GNK’s negligence, errors, omissions, strict liability, statutory liability, breach of
contract, breach of warranty, negligent misrepresentation, or other acts giving rise to liability based upon contract,
tort or statute.
7.SAFETY: GNK is not responsible or liable for injuries or damages incurred by third parties who are not
employees of GNK. It is agreed that GNK is not responsible for job or site safety on this project. Job site safety
in, on or about the site is the sole and exclusive responsibility of the contractor.
8.THIRD PARTY RELIANCE: All documents produced by GNK are for client’s use only. At client’s request, GNK
may provide a letter authorizing limited reliance on certain documents by a third party, but only if the third party
agrees to be bound by the terms and conditions in this Agreement between GNK and client.
9.UTILITIES AND SUBTERRANEAN STRUCTURES: GNK will take reasonable precautions to avoid causing
damage to utilities and subterranean structures. GNK is not responsible for any loss, damage or injury arising
from damage to, or contact with, any utilities or subterranean structures that were not properly called to GNK’s
attention, were not properly located on drawings, or was caused by the providing of inaccurate or incomplete
information regarding their location.
Grand Island Council Session - 4/10/2012 Page 199 / 239
6
10.CHANGED CONDITIONS: If, during the performance of this Agreement, unexpected conditions or circumstances
are discovered, GNK will notify client and the parties will renegotiate the scope and price. GNK and client will
promptly and in good faith enter into a renegotiation process. If renegotiated terms cannot be agreed to, GNK will
have the right to terminate this Agreement without penalty.
11.DISPUTES: If a dispute arises, GNK and client agree that they will make a reasonable, good faith effort to
resolve the dispute prior to either commencing legal action. The parties agree to meet, on multiple occasions if
necessary, with senior management who are authorized to act on their behalf participating.
12.TESTING AND OBSERVATION SERVICES: This section will apply if GNK is hired by client to provide a site
representative for the purpose of testing or observing specific portions of the work. This work will not include
supervision or direction of the actual work of any contractors, their employees or agents. We will observe the
portion of the work we have been hired for and perform tests, the results being delivered to client, or others if
directed by client. Even with very careful field testing and observation, client understands that field testing and
observation is conducted to reduce, not eliminate, the risk of problems arising and that providing these services
does not create a warranty or guarantee of any type.
13.SOIL BORING AND TEST LOCATIONS: The accuracy of test locations and elevations will be commensurate
only with pacing and approximate measurements or estimates. Client must hire a professional surveyor if greater
accuracy is required or desired. GNK reserves the right to deviate a reasonable distance from the boring and test
locations unless this right is specifically revoked in writing.
14.ON SITE SERVICES: Project site visits by GNK, or the furnishing of employees to work on the project, will not
make GNK responsible for construction means, methods, techniques or procedures; or for any construction
contractor’s failure to perform its work in accordance with the drawings and specifications.
15.TERMINATION: Services may be terminated by GNK or client by providing 7 days written notice in the event of
substantial failure to perform in accordance with the terms herein. Client shall pay GNK all amounts due for all
services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable
costs incurred by GNK in terminating the services.
16.SEVERABILITY: If any provision contained in this Agreement is held illegal, invalid or unenforceable, the
enforceability of the remaining provisions will not be impaired.
17.GENERAL RESPONSIBILITIES OF CLIENT: Client will, within a reasonable period of time, so as not to delay the
services of GNK: place at GNK’s disposal all available information pertinent to the project; GNK may rely on the
information provided as being accurate without independent verification; client will provide prompt written notice to
GNK whenever client observes or otherwise becomes aware of any defect in GNK’s services; and client will
arrange for access to public and private property as required for GNK to provide its services.
18.ENTIRE AGREEMENT—PRECEDENCE: These terms and conditions and GNK proposal/report contain the
entire agreement between GNK and client relative to the scope of services. All previous or contemporaneous
agreements, representations, promises and conditions relating to GNK services are superseded. Since terms
contained in purchase orders do not generally apply to professional services, in the event client issues to GNK a
purchase order, no preprinted terms thereon will become part of this Agreement. Said purchase order document,
whether or not signed by GNK, shall be considered a document for client’s internal management of its operations.
Grand Island Council Session - 4/10/2012 Page 200 / 239
7
Grand Island Council Session - 4/10/2012 Page 201 / 239
8
Grand Island Council Session - 4/10/2012 Page 202 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-96
WHEREAS, the City Of Grand Island invited proposals for engineering services
related to Environmental Monitoring Services at the Solid Waste Landfill, according to the
Request Proposals on file with the Solid Waste Division of the Public Works Department; and
WHEREAS, on March 20, 2012 proposals were received, reviewed, and
evaluated in accordance with established criteria; and
WHEREAS, G.N. Kuhn Engineering, LLC, of Omaha, Nebraska submitted a
proposal in accordance with the terms of the Request for Proposals and all statutory requirements
contained therein and the City Procurement Code with the work performed at actual costs with a
maximum of $54,950.00 over a five-year period.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of G.N. Kuhn
Engineering, LLC, of Omaha, Nebraska for engineering services for Environmental Monitoring
Services at the Solid Waste Landfill is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 203 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G16
#2012-97 - Accepting the Semi-Annual Report by the Citizens’
Review Committee on the Economic Development Program Plan
This item relates to the aforementioned Public Hearing item E-3.
Staff Contact: Lisa Willman, Chairman
Grand Island Council Session - 4/10/2012 Page 204 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-97
WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §2-110
require a report by the Citizens Advisory Review Committee to the City Council at least once
every six months on its findings and suggestions on the administration of the Economic
Development Plan; and
WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory
Review Committee was held at a regular session of the Grand Island City Council on April 10,
2012; and
WHEREAS, said report gave information about the activities of the past six
months that have taken place pursuant to the Economic Development Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the semi-annual report of the Citizens
Advisory Review Committee is hereby accepted and approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 205 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item G17
#2012-98 - Approving FEMA Hazard Mitigation Grant for Siren
Replacement
Staff Contact: Jon Rosenlund
Grand Island Council Session - 4/10/2012 Page 206 / 239
Council Agenda Memo
From:Jon Rosenlund, Emergency Management Director
Meeting:April 10, 2012
Subject:Hazard Mitigation Grant - Sirens
Item #’s:G-17
Presenter(s):Jon Rosenlund, Emergency Management Director
Background
The Emergency Management Department operates and maintains 39 outdoor warning
sirens to alert the public of dangerous weather and other hazards. Many of these devices
were installed between 1979 and 1981. These devices have an anticipated life span of 30
years, and existing sirens are already failing at a rate of almost 1-2 annually over the past
several years.
Unfortunately, many repair parts are no longer available for these older models. Sirens
which fail are replaced at significant cost on a case-by-case basis. In the past few years,
the Emergency Management Department had budgeted to replace one siren a year, as
necessary. However, the department is experiencing repeated siren failures as these
devices reach and exceed their 30-year life-span. Local funds are not likely to be
sufficient to keep up with the anticipated number of replacements needed. The
Department received a similar grant in 2010 to replace four sirens for the matching price
of one device. This is a second phase of that siren replacement project.
Discussion
The FEMA Hazard Mitigation Grant Program (HMGP) provides grants to States and
local governments to implement long-term hazard mitigation measures after a major
disaster declaration. The purpose of the HMGP is to reduce the loss of life and property
due to natural disasters and to enable mitigation measures to be implemented during the
immediate recovery from a disaster. The HMGP is authorized under Section 404 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act.
The HMGP Grant funds up to 75% of approved projects with a local match of 25%. The
Department intends to budget for the 25% match in Capital Outlay in the FY 2012-13.
Grand Island Council Session - 4/10/2012 Page 207 / 239
This match is the same $15,000 that the department regularly budgets for the replacement
of one siren.
The Emergency Management Department, working with NEMA, has completed a grant
application to install four (4) sirens to meet this looming problem. Three (3) of the new
sirens will replace older models while one will be installed as an expansion to the current
system (see table below). Siren replacement costs are typically $15,000 for each device.
In this second phase, sirens will be installed in the communities of Grand Island and
Doniphan.
Each of these new sirens has a considerably larger effective radius of 70dB estimated at
6200 feet in all directions. Sirens listed to be replaced have much smaller radii, such as
1600 feet. This will allow fewer sirens to serve the community and can lead to lower
utility costs over the long term.
Phase II Siren Installation List
Siren #Description
Installed
Year
Latitude /
Longitude
Current 70dB
Radius (ft)
New 70dB
Radius (ft)
4 Doniphan, Village of - Fire Station 1981
N40 46.406
W98 22.181 1600 6200
13
Anna & Broadwell - 1700 Block of
West Anna (Alley City Property)1981
N40 54.724
W98 21.189 3200 6200
18
4th Street & Congdon - 1500 E 4th
St.1981
N40 56.088
W98 19.603 3200 6200
New Veteran’s Ball Fields N/A TBD N/A 6200
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 FEMA hazard mitigation
grant for siren replacement.
Sample Motion
Move to approve.
Grand Island Council Session - 4/10/2012 Page 208 / 239
Grand Island Council Session - 4/10/2012 Page 209 / 239
Grand Island Council Session - 4/10/2012 Page 210 / 239
NEBRASKA HMPG ADMINISTRATIVE PLAN APPENDIX 1 Hall, County of, Siren Replacement Phase II 1924-0008 ATTACHMENT 2
63
GRANT AGREEMENT
between
Nebraska Emergency Management Agency (NEMA) And
Hall County PROJECT TITLE: Siren Replacement Phase II
GRANT AGREEMENT NO: DR-1924-NE
PROJECT NO: 0008 FEDERAL TAX ID#: 47-6006205 DUNS No: 04-091-9607
FIPS Code: 079-19595-00
SCOPE OF WORK
This Grant Assistance Agreement (AGREEMENT) is to provide Hall County
(SUBGRANTEE) with federal assistance from the Hazard Mitigation Grant Program funds for
the above-referenced mitigation grant. The federal share shall not exceed $45,000.00 or 75% of actual allowable project costs, whichever is less. The SUBGRANTEE shall provide at least $15,000.00 (25%) through local non-federal (cash and/or in-kind) sources for actual allowable
project costs. These funds are to assist the SUBGRANTEE with completing the approved scope
of work in accordance with the work schedule, milestones, and scope of work that was submitted
to and approved by the Nebraska Emergency Management Agency (NEMA) and the Federal Emergency Management Agency (FEMA). Any changes to the approved scope of work and/or amount budgeted must be submitted to and approved by NEMA prior to executing the changes.
The SUBGRANTEE is required to obtain all necessary permits before construction begins.
AGREEMENTS
NEMA will provide financial oversight and management in the role of GRANTEE based on the
grant guidance, the grant financial guide and all other applicable State and federal guidelines.
The GRANTEE will provide technical assistance and direction to the SUBGRANTEE on
programmatic and financial requirements. The GRANTEE will provide all appropriate documents and forms and make payments to the SUBGRANTEE to complete the approved
scope of work.
The GRANTEE is responsible for monitoring SUBGRANTEE activities to provide reasonable
assurance that the SUBGRANTEE administers federal awards in compliance with federal and State requirements. Responsibilities include the accounting of receipts and expenditures, cash
management and the maintaining of adequate financial records.
Grand Island Council Session - 4/10/2012 Page 211 / 239
NEBRASKA HMPG ADMINISTRATIVE PLAN APPENDIX 1 Hall, County of, Siren Replacement Phase II 1924-0008 ATTACHMENT 2
64
Additionally, the SUBGRANTEE will be monitored quarterly by the GRANTEE to ensure that the
program goals, objectives, timelines, budgets, and other related program criteria are being met.
Monitoring will be accomplished through a combination of quarterly reporting, reviewing of
expenditures for reimbursement, and when necessary; on-site monitoring. Monitoring will involve the review and analysis of the financial, programmatic, and administrative issues relative to the program, and will identify areas where technical assistance and other support may be needed.
The SUBGRANTEE will pass appropriate resolutions to assure NEMA that it is participating,
and will continue to participate, in the National Flood Insurance Program, if mapped. The SUBGRANTEE and the SUBGRANTEE’s AUTHORIZED REPRESENTATIVE agree to
provide all supervision, inspection, accounting, and other services necessary to complete the
scope of work from inception to closeout with the requirements set forth below.
I. ACTIVITY COMPLETION TIMEFRAME The approved activity completion timeframe for this grant is from March 23, 2012 through
March 23, 2014. All work must be completed prior to the activity completion timeframe ending.
The SUBGRANTEE shall not incur costs or obligate funds for any purpose pertaining to the operation of the project, program, or activities beyond the expiration date of the activity completion timeframe.
If a time extension is needed it must be requested at least 75 days prior to the activity completion
timeframe end date. All requests must be supported by adequate justification submitted to NEMA in order to be processed. This justification is a written explanation of the reason or reasons for the delay; an outline of remaining funds available to support the extended activity
completion timeframe; and a description of performance measures necessary to complete the
project. Without the justification, extension requests will not be processed.
II. AUTHORITIES AND REFERENCES.
The SUBGRANTEE shall comply with all applicable laws, regulations and policies as defined in
the State of Nebraska Hazard Mitigation Administrative Plan. A non-exclusive list of laws and
regulations commonly applicable to FEMA grants follows hereto for reference only.
• OMB Circular A-102 – Uniform Administrative Requirements for Grants and
Cooperative Agreements with State and Local Governments as implemented in 44 CFR
Part 13
• Title 2 CFR Part 225 (OMB Circular A-87) – Cost Principles for State and Local
Governments
• OMB Circular A-133 – Audits of States, Local Governments, and Non-Profit
Organizations
• Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act), 42
U.S.C. 5133, as amended by Section 102 of the Disaster Mitigation Act of 2000 (DMA)
• Title 44 of the Code of Federal Regulations (CFR)
• SUBGRANTEE’s application that was received and approved by NEMA and FEMA
Grand Island Council Session - 4/10/2012 Page 212 / 239
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65
• State of Nebraska Administrative Plan for the Hazard Mitigation Grant Program
III. GRANT MANAGEMENT SYSTEM To ensure that federal funds are awarded and expended appropriately, the SUBGRANTEE will
establish and maintain a grant management system. The standards for SUBGRANTEE
organizations stem from the Office of Management and Budget’s (OMB) Uniform Administrative Requirements and Cost Principles. State, local and tribal organizations must follow the uniform administrative requirements standards in OMB Circular A-102, and cost
principle standards in OMB Circular A-87. These standards combined with the audit standards
provided within OMB Circular A-133, plus the requirements of the federal Cash Management
Improvement Act constitute the basis for all policies, processes and procedures set forth in this grant management system for the SUBGRANTEE.
The SUBGRANTEE’s grant management system must:
• Include internal controls based on the American Institute for Certified Public Accountant’s (AICPA) definitions and requirements in the government-wide administrative requirements and cost principles
• Include a chart of accounts that includes a separate cost center, fund, or accounting codes
for each federal grant or program
• Be in compliance with the Cash Management Improvement Act (CMIA), good business processes and Generally Accepted Accounting Principles (GAAP)
• Include procedures to minimize federal cash on hand
• Include the ability to track expenditures on a cash or accrual basis
• Include the ability to track expenditures in both financial and program budgets
• Include procedures to document all grant-related expenditures
• Include procedures to ensure expenditures are eligible and allowable
• Include the ability to fulfill government-required financial reporting forms
IV. PROCUREMENT
This agreement requires that all procurement is executed by the SUBGRANTEE. Procurement
standards must be in accordance with the written adopted procedures of the SUBGRANTEE,
provided that the local procurement standards conform to applicable State and Federal law and
the standards identified in the 44 CFR. The SUBGRANTEE will ensure that every purchase
order or other contract includes any clauses required by Federal statutes and executive orders and their implementing regulations.
Grand Island Council Session - 4/10/2012 Page 213 / 239
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66
V. AUDIT
SUBGRANTEE must comply with the requirements of the Single Audit Act Amendments of
1996 and the Office of Management and Budget (OMB) Circular A-133. Reference: Catalog of Federal Domestic Assistance (CFDA).
VI. PAYMENT REQUEST PROCESS
Payments to SUBGRANTEEs are based on eligible expenditures that are specifically related to
the approved grant budget and scope of work. SUBGRANTEEs can request Reimbursement
for allowable expenditures already paid at anytime during the activity completion timeframe.
Payments shall be limited to the documented cash requirements submitted by the SUBGRANTEE. The SUBGRANTEE must submit a completed Payment Request Form and
provide supporting documentation of eligible project costs to receive payment of funds.
Reimbursement requests must include payment verification (i.e. paid invoices, receipts, payroll
records with personnel activity reports, cancelled checks, general ledger print outs, etc.).
Payment of funds will not be made to a SUBGRANTEE until NEMA has this grant agreement
signed and on file.
VII. Match Verification
The maximum federal share to this mitigation grant cannot exceed 75% of eligible grant
expenditures. Therefore, the matching funds (cash and in-kind) must be at least 25% of eligible
grant expenditures. The subgrantee is responsible for submitting proof of the local non-federal
match that was used for their mitigation grant to NEMA. Expenditures must be in accordance with the approved scope of work and budget and in accordance with the 44 Code of Federal
Regulations (CFR), Section 13.24, “Matching or cost sharing”
Cash match can be money contributed to the subgrantee by the subgrantee, other public agencies
and institutions, private organizations and individuals as long as it comes from a non-federal source. Cash spent must be for allowable costs in accordance with the SUBGRANTEE’s
approved scope of work and budget and must be applicable to the period to which the cost
sharing or matching requirement applies.
In-kind match must comply with the requirements of the 44 CFR, Section 13.24 (matching or cost sharing). The value of in-kind contributions is also applicable to the period to which the
cost sharing or matching requirement applies. The in-kind match provided must be documented
by the third party contributing the in-kind services. The in-kind match must be specifically
stated in the SUBGRANTEE’s scope of work and budget before in-kind match will be allowed
to match any mitigation grant. Documentation can be a letter (on letterhead) from the third party stating the scope of their work, what is being contributed as it relates to the scope of work, the
value, a statement to the effect that the value is normally charged, and a statement that the value
is being waived on behalf of the subgrantee to meet the matching requirements to the
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67
subgrantee’s mitigation grant or a spreadsheet detailing in-kind contributions certified by the
Authorized Representative.
If the local match is insufficient to satisfy the local match requirements for receiving all available federal funds, the awarded federal funds will be reduced accordingly so as not to exceed the maximum federal share allowed under this award.
VIII. REPORTING REQUIREMENTS
The mitigation grant requires quarterly programmatic and financial reporting and progress
relative to the approved scope of work. SUBGRANTEES are required to complete the quarterly
progress report forms that are provided by NEMA and submit them by the 15th day following
each federal fiscal quarter. (See administrative plan for specific date.)
WAIVERS
No conditions or provisions of this AGREEMENT can be waived unless approved by
NEMA and the SUBGRANTEE, in writing. Unless otherwise stated in writing, NEMA's failure
to insist upon strict performance of any provision of this AGREEMENT, or to exercise any right
based upon a breach, shall not constitute a waiver of any right or obligation specified under this
AGREEMENT. AMENDMENTS AND MODIFICATIONS
This AGREEMENT may be amended or modified in reference to the grant funds
provided, administrative procedures, or any other necessary matter, but not to take effect until approved, in writing, by NEMA and the SUBGRANTEE.
COMPLIANCE, TERMINATION AND OTHER REMEDIES
Unless otherwise stated in writing, NEMA requires strict compliance by the SUBGRANTEE and its authorized representative(s) with the terms of this AGREEMENT, and
the requirements of any applicable local, state and federal statute, rules, regulations; particularly
those included in the Assurances attached to this grant agreement.
NEMA may suspend or terminate any obligation to provide funding or demand return of grant funds, following notice from NEMA, if the SUBGRANTEE fails to meet any obligations
under this AGREEMENT or fails to make satisfactory progress toward administration or
completion of said project.
The SUBGRANTEE understands and agrees that NEMA may enforce the terms of this AGREEMENT by any combination, or all remedies available to NEMA under this
AGREEMENT, or under any other provision of law, common law, or equity.
Grand Island Council Session - 4/10/2012 Page 215 / 239
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68
INDEMNIFICATION
1. It is understood and agreed by NEMA and the SUBGRANTEE and its agents that this AGREEMENT is solely for the benefit of the parties to this grant and gives no right to any other party.
2. The SUBGRANTEE, on behalf of itself and its successors and assigns, agrees to
protect, save, and hold harmless NEMA and the State of Nebraska, and their authorized agents
and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the negligent acts, errors, or omissions of the SUBGRANTEE or its authorized representative, its contractors, subcontractors, assigns, agents, licensees, arising out of or in
connection with any acts or activities authorized by this AGREEMENT. The SUBGRANTEE’s
obligation to protect, save, and hold harmless as herein provided shall not extend to claims or
causes of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of NEMA, the State of Nebraska, or any of their authorized agents or employees.
3. The SUBGRANTEE further agrees to defend NEMA, the State of Nebraska, and their
authorized agents and employees against any claim or cause of action, or to pay reasonable attorney’s fees incurred in the defense of any such claim or cause of action, as to which the SUBGRANTEE is required to protect, save, or hold harmless said parties pursuant to paragraph
2 of this part. The SUBGRANTEE’s obligation to defend, or to pay attorney’s fees for the
defense of such claims or causes of action as herein provided, shall not extend to claims or
causes of action for costs, damages, or expenses caused by or resulting from the negligent acts, errors, or omissions of NEMA, the State of Nebraska, or any of their authorized agents or employees.
ACKNOWLEDGMENTS
The SUBGRANTEE shall include, in any public or private release of information regarding the project, language that acknowledges the funding contribution through NEMA by
FEMA.
INDEPENDENT CONTRACTOR STATUS OF APPLICANT The SUBGRANTEE, its officers, employees, agents and council members shall all
perform their obligations under this AGREEMENT as an independent contractor and not in any
manner as officers, employees or agents of NEMA or the State of Nebraska. All references
herein to the SUBGRANTEE shall include its officers, employees, city council/board members, and agents. RESPONSIBILITY FOR PROJECT
While NEMA undertakes to provide technical assistance to the SUBGRANTEE and its authorized representative in the administration of the project, said project remains the sole responsibility of the applicant in accomplishing grant objectives and goals. NEMA undertakes
Grand Island Council Session - 4/10/2012 Page 216 / 239
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69
no responsibility to the SUBGRANTEE, or any third party, other than what is expressly set out
in this AGREEMENT.
ENTIRE GRANT AGREEMENT
This AGREEMENT sets forth the entire AGREEMENT between NEMA and the SUBGRANTEE with respect to subject matter hereof. Commitments, warranties, representations and understandings or agreements not contained, or referred to, herein or
amended thereto shall not be binding on either NEMA or the SUBGRANTEE. Except as may be
expressly provided herein, no alteration of any of the terms or conditions of this AGREEMENT
will be effective without written consent of both parties. IN WITNESS WHEREOF, NEMA and the SUBGRANTEE have executed this
AGREEMENT by the signatures of authorized persons of both entities and on the dates indicated
below:
Nebraska Emergency Management Agency
_____________________________________ ___________________________________
Al Berndt, Governors Authorized Representative Authorized Representative ___________________________________ _______________________________________
Date Date
________________________________________ Signature of Alternate Authorized Representative (optional)
________________________________________
Date
Grand Island Council Session - 4/10/2012 Page 217 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-98
WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local
government authorized to file an application through the Federal Emergency Management Agency
and Nebraska Emergency Management Agency for a Hazard Mitigation Program Grant; and
WHEREAS, the Federal Emergency Management Agency and Nebraska Emergency
Management Agency are presently accepting grant applications for hazard mitigation; and
WHEREAS, a grant application has been prepared to request funding to conduct an
Outdoor Warning Siren Replacement and Installation Project for the City of Grand Island and other
Hall County Communities; and
WHEREAS, FEMA has approved a $60,000 siren replacement project, providing
$45,000 in Hazard Mitigation Grant Funds for the program, and
WHEREAS, the required 25% cash match of $15,000 will be provided by the City,
and
WHEREAS, the grant allows for two years (until March 2014) to complete this grant.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1.The City of Grand Island, Nebraska is hereby authorized to apply for financial
assistance from the Federal Emergency Management Agency and Nebraska
Emergency Management Agency for the purpose of conducting an Outdoor Warning
Siren Replacement and Installation Project for the City of Grand Island and other
Hall County Communities; and
2.The Mayor is hereby authorized and directed to execute such grant application and
other documentation on behalf of the City of Grand Island for such grant process.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 218 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item I1
#2012-99 – Consideration of Request from Chanh Bandasack dba
South Front Reception, 123 East South Front Street for a Class “I”
Liquor License
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/10/2012 Page 219 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-99
WHEREAS, an application was filed by Chanh Bandasack doing business as
South Front Reception, 123 East South Front Street for a Class "I" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on March 31, 2012; such publication cost being $16.27; and
WHEREAS, a public hearing was held on April 10, 2012 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:_________
__________________________________________________________
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 220 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item I2
#2012-100 - Consideration of Approving the Power Sales
Agreement for Broken Bow Wind Project
Staff Contact: Tim Luchsinger, Robert Sivick
Grand Island Council Session - 4/10/2012 Page 221 / 239
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Robert Sivick, City Attorney
Meeting:April 10, 2012
Subject:Power Sales Agreement for Broken Bow Wind Project
Item #’s:I-2
Presenter(s):Tim Luchsinger, Utilities Director
Background
The Utilities Department has made efforts to be involved in developing technologies
regarding renewable energy. Presently, the most cost effective form of renewable energy
in this area is wind energy. Since 1998, the City’s Utilities Department has participated
with other of the state’s utilities in Wind Turbine projects.
Springview Project:
Grand Island first became involved with wind energy in 1998 with the development of
the “Nebraska Distributed Wind Generation Project” or NDWG, often referred to as the
“Springview Project” because of its proximity to that community in north central
Nebraska. The project included two 750 kilowatt wind turbines installed near
Springview, Nebraska. Half of the cost of the project was funded by a grant from the
Electric Power Research Institute/Department of Energy-Turbine Verification Program.
NDWG was a joint project among Nebraska utilities that included Auburn Utilities,
Grand Island Utilities, KBR Power District, Lincoln Electric System, the Municipal
Energy Agency of Nebraska and Nebraska Public Power District (NPPD). Grand Island
received an average of six megawatt hours of energy per month from NDWG. This is
enough energy to supply approximately six houses for one month. Due to rising
maintenance costs, increasing equipment failures and unit downtime, this facility was
decommissioned in August, 2007. Including the salvage value of the turbines, the final
production cost was approximately $23/megawatt hour. Recently, two new wind turbines
were installed at the Springview site. More information regarding this installation is
given in the Discussion portion of this memo.
Ainsworth Project:
Grand Island is a participant in the Ainsworth Wind Energy Farm (AWEF) near
Ainsworth, NE. This facility was constructed in 2005 and consists of thirty-six 1.65
Grand Island Council Session - 4/10/2012 Page 222 / 239
megawatt turbines for a total project output of 59.4 megawatts. Grand Island has a one
megawatt participation level in AWEF. AWEF is another joint project that is operated by
Nebraska Public Power District, and includes participation by Omaha Public Power
District, the Municipal Energy Agency of Nebraska, Grand Island Utilities, and JEA of
Jacksonville, Florida. Since the start of AWEF, Grand Island has received an average of
274 megawatt hours of energy per month. This is enough energy to supply approximately
228 houses for one month. Currently, the total production cost of power received from
AWEF is approximately $47 per megawatt hour.
Elkhorn Ridge:
Elkhorn Ridge Wind, LLC (Elkhorn) is an 80 MW wind farm located near the town of
Bloomfield in northeast Nebraska. It consists of twenty-seven 3 megawatt turbines. It
began commercial operation January 1, 2009. Unlike AWEF, Elkhorn is a privately
owned facility. NPPD entered into a Power Purchase Agreement with Elkhorn to
purchase all power produced by the facility. Grand Island then signed a Power Sales
Agreement with NPPD to purchase a 1 MW share of the power produced at Elkhorn.
Including transmission, the total production cost of power received from Elkhorn is
approximately $60 per megawatt hour.
Laredo Ridge:
Laredo Ridge Wind, LLC (LRW) is an 80 MW wind farm located near the town of
Petersburg in northeast Nebraska. It consists of fifty-four 1.5 megawatt turbines. It began
commercial operation February 1, 2011. Similarly to Elkhorn, LRW is a privately owned
facility. NPPD entered into a Power Purchase Agreement with LRW to purchase all
power produced by the facility. Grand Island then signed a Power Sales Agreement with
NPPD to purchase a 1 MW share of the power produced at LRW. Including transmission,
the total production cost of power received from LRW is approximately $56 per
megawatt hour.
Discussion
The use of fossil fuels for electricity production is coming under increasing scrutiny at
the national level and more restrictions and regulations are likely to be placed upon fossil
fuels, particularly coal. With the City’s primary energy supply being produced from coal,
the overall rate impact from a carbon emission tax or other environmental regulations
could be significant.
It is the recommendation of City Administration that the Utilities Department stay
involved with the various renewable energy projects as they develop in the state. Broken
Bow Wind, LLC (BBW) is an 80 MW wind farm currently under construction near the
town of Broken Bow, Nebraska. It is anticipated to enter into commercial operation
toward the end of 2012. Grand Island staff has held discussions with NPPD and other
potential participants in the Broken Bow Wind Project at a 1 MW participation level.
Similar to LRW, BBW is a privately owned facility. NPPD has entered into a Power
Purchase Agreement with BBW to purchase all power produced by the facility. The
proposed Power Sales Agreement is with NPPD to purchase a 1 MW share of the power
Grand Island Council Session - 4/10/2012 Page 223 / 239
produced at BBW. Participants of the BBW facility automatically become participants of
the new Springview II facility. Springview II is a replacement installation to the original
Springview facility described above. It consists of two 1.5 MW V direct drive turbines.
The vast majority of wind turbines in use in the United States today utilize a gearbox.
The gearbox requires a significant amount of maintenance and can be costly to replace
and direct drive turbines eliminate this component. Further testing and development is
required before the technology is accepted on a large scale in the United States.
Upfront participation costs to Grand Island are approximately $191,000. This cost
includes Substation and Transmission expansion and project development. Since this is a
privately owned facility, O&M costs are not applicable. The cost of power to Grand
Island will be approximately $40 per megawatt hour increasing 2.5% per year. This
equates to an approximate cost of $170,000 for the first year, increasing 2.5% per year
thereafter. The agreement is for twenty years. These costs are reasonable and competitive
with current power market prices.
In order to maintain confidentiality, the contracts are provide to the Mayor and Council
under separate cover.
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 a future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the 1 MW level of
participation in Broken Bow Wind facility and authorize execution of the Power Sales
Agreement with Nebraska Public Power District.
Sample Motion
Move to approve the 1 MW level of participation in the Broken Bow Wind Facility and
authorize execution of the Power Sales Agreement with Nebraska Public Power District.
Grand Island Council Session - 4/10/2012 Page 224 / 239
Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-100
WHEREAS, the City of Grand Island, and the Nebraska Public Power District
have participated in the development of a wind energy project by Broken Bow Wind, LLC,
Plant; and
WHEREAS, Nebraska Public Power District has entered into a Power Purchase
Agreement with Broken Bow Wind, LLC, for the output of the project, and is re-marketing
portions of that power to other electric utilities; and
WHEREAS, the parties desire to enter into a Power Sales Agreement to receive
electric energy produced by Broken Bow Wind, LLC, according to the terms and conditions
outlined in the Power Sales Agreement; and
WHEAREAS, the City Attorney’s office has reviewed and approved the
agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Power Sales Agreement for
Broken Bow Wind, LLC, by and between the City of Grand Island and Nebraska Public Power
District be, and hereby is, approved in accordance with the terms of the agreement.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 225 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item I3
#2012-101 - Consideration of Economic Development Incentive
Agreement with Medbery Fabrication LLC.
Staff Contact: Mary Lou Brown, City Administrator
Grand Island Council Session - 4/10/2012 Page 226 / 239
Council Agenda Memo
From:Mary Lou Brown, City Administrator
Meeting:April 10, 2012
Subject:Approving Economic Development Incentive Agreement
with Medbery Fabrication LLC
Item #’s:I-3
Presenter(s):Mary Lou Brown, City Administrator
Background
At the May 2003 special election, the voters of the City of Grand Island approved LB840
funding to enable the City to extend economic development incentives through the Grand
Island Economic Development Corporation (GIEDC). The Economic Development
Corporation has received an application from Medbery Fabrication LLC for fourteen
additional employees. On March 22, 2012, the Executive Board of the GIEDC approved
submission of the attached Economic Development Agreement to the Citizens Review
Committee for consideration and recommendation. The CRC met on April 3, 2012 and
approved the request and Agreement for recommendation to the City Council for final
action and approval.
Discussion
Medbery Fabrication LLC repairs and maintains returnable containers which Case IH
vendors use for shipping parts and materials to the plant and has submitted the required
application (see attached) for a total amount of $76,000.00. Proposed is the creation of 14
new jobs over the next three years with an average hourly wage of $13.50. Requested is a
forgivable loan of $3,000 per employee or $42,000 and $34,000.00 for new equipment.
Medbery Fabrication LLC currently has four employees and due to increased orders,
employees and projects, expansion of its facilities are necessary. A total of $76,000.00 of
LB840 funds for an additional 14 new employees and equipment is requested.
Grand Island Council Session - 4/10/2012 Page 227 / 239
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve the Economic Development Agreement with Medbery
Fabrication LLC.
2.Do not approve the Economic Development Agreement with Medbery
Fabrication LLC.
3.Postpone the issue to future date.
4.Take no action on the issue.
Recommendation
City Administration recommends that the Council consider the resolution authorizing the
City to enter into the Economic Development Agreement with Medbery Fabrication LLC.
Sample Motion
Move to approve the resolution authorizing the City to enter into the Economic
Development Agreement with Medbery Fabrication LLC.
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Approved as to Form ¤ ___________
April 10, 2012 ¤ City Attorney
R E S O L U T I O N 2012-101
WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic
Development Program and a Citizens Advisory Review Committee to oversee the process of
approving applications for economic development incentives; and
WHEREAS, Medbery Fabrication LLC has applied for a forgivable loan for job
incentive and equipment in the amount of $76,000.00 from the Grand Island Area Economic
Development Corporation in accordance with the Economic Development Program; and
WHEREAS, such application has been approved by the executive committee of
the Economic Development Corporation and was approved on April 3, 2012 by the Citizens
Advisory Review Committee; and
WHEREAS, Medbery Fabrication LLC will be required to meet or exceed
employment numbers and employee salary levels as outlined in the Economic Development
Agreement to retain all of the economic incentives granted under the agreement; and
WHEREAS, it is in the best interests of the City to provide economic
development funding to Medbery Fabrication LLC as provided by the Grand Island Economic
Development Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development
Agreement by and between the City, the Grand Island Area Economic Development Corporation
and Medbery Fabrication LLC, to provide $76,000.00 in economic assistance to Medbery
Fabrication LLC, to be used for expanding its business in Grand Island is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 10, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/10/2012 Page 238 / 239
City of Grand Island
Tuesday, April 10, 2012
Council Session
Item J1
Approving Payment of Claims for the Period of March 27, 2012
through April 10, 2012
The Claims for the period of March 27, 2012 through April 10, 2012 for a total amount of
$2,698,996.64. A MOTION is in order.
Staff Contact: Jaye Monter
Grand Island Council Session - 4/10/2012 Page 239 / 239