ORD 42750 - Interlocal Agmt with Univ of Nebraska Omaha Board of Regents allowing sworn officers to enforce City ordinances in designated areas ORDINANCE NO. I4-2- 5V
AN ORDINANCE to provide for approving an Interlocal Agreement between the University of
Nebraska at Omaha Board of Regents, for more than one year, to allow University
Police officers to enforce Omaha City ordinances in certain designated areas; and to
provide for the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That in conformity with the Interlocal Agreements Act, approval is hereby
given to an Interlocal Agreement between the City of Omaha and the University of Nebraska of
Omaha Board of Regents, for University Police officers to enforce Omaha City ordinances in
certain designated areas, for a term of more than one year.
Section 2. That this Ordinance, not being of legislative character, shall be in full force
and effect upon its passage.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
11/0-7_67_,1
PASSED NOV 0 1/ MAYOR OF THE CITY OF OMAHA DATE
ATTEST:
i-10-2UZ
CITY CLERK OF THE Y OF OMAHA DATE
APPROVE TO FORM:
L-77gel,te
CITY ATTORNEY D E
INTERLOCAL AGREEMENT BETWEEN THE CITY OF
OMAHA,NEBRASKA AND THE UNIVERSITY
OF NEBRASKA
This Interlocal Agreement("Agreement")entered into between the City of Omaha,
a municipal corporation of the State of Nebraska, herein called "City", on behalf of the
City of Omaha Police Department,and the Board of Regents of the University of Nebraska,
a public body corporate, for and on behalf of the University of Nebraska at Omaha and the
University of Nebraska Medical Center Department of Public Safety,herein called"UNO".
RECITALS
WHEREAS, the Interlocal Cooperation Act of the State of Nebraska, being
specifically Neb. Rev. Stat. §§ 13-801 et seq. (Reissue 2012), enables separate political
subdivisions of the State to cooperate with one another or with state agencies on the basis
of mutual advantage to provide for joint undertakings, services and facilities, in a manner
and pursuant to forms of governmental organization that will accord with best geographic,
economic, population, and other factors influencing the needs and developments of local
communities; and
WHEREAS, the City of Omaha Police Department and UNO/UNMC Department
of Public Safety desire to use intergovernmental cooperation in the endeavor in the interest
of efficiency and cost containment; and
WHEREAS, it is necessary for the Parties to enter into an agreement to set forth
their respective rights, duties and obligations; and,
WHEREAS,such an agreement falls within the intent and purposes of the Interlocal
Cooperation Act,Neb. Rev. Stat. §§ 13-801 through 13-827.
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IN CONSIDERATION of the mutual covenants contained herein and for other
good and valuable consideration, the Parties agree as follows:
SECTION ONE
PURPOSE
The purpose of this Agreement is to list the specific services, duties and
responsibilities of the Parties hereto to effectuate intergovernmental cooperation with
regard to the City of Omaha granting UNO authority to issue citations or arrests based on
violations of the Omaha Municipal Code.
SECTION TWO
TERM, DURATION, TERMINATION and MODIFICATION
1. Duration - This Agreement shall commence as of the date such Agreement is duly
authorized and executed on behalf of the respective Parties and shall continue for a
term of five (5)years or until terminated by either Party in accordance with the second
part of Section Two of this Agreement.
2. Termination - UNO or City may terminate this Agreement at any time to be effective
ninety (90) days after written notice is sent to the other Party;provided, however, that
the indemnities provided under Section Four L. of this Agreement shall survive such
termination.
SECTION THREE
SPECIFIC SERVICES, DUTIES AND RESPONSIBILITIES OF THE PARTIES
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1. Pursuant to Neb.Rev. Stat. §29-215(2)(d),the City of Omaha has the ability to contract
with other state agencies under the provisions of the Interlocal Cooperation Act for
joint law enforcement services.
2. The law enforcement officers employed by UNO have been deputized by the Governor
of Nebraska, as "Special Deputy State Sheriffs," which grants them the authority to
"enforce the laws of the State on all properties under the jurisdiction, supervision, or
control of the Board of Regents of the University of Nebraska wherever such properties
may be and any city and county where such properties are located; and within the State
of Nebraska for offenses originating on said property."
3. It is in the best interest of the City,UNO,the student body and all the citizens of Omaha,
to allow the UNO sworn law enforcement officers to also enforce the laws of the City
of Omaha through issuance of citations or arrests based on violations of the Omaha
Municipal Code on all properties,as designated in Exhibit A,within the City of Omaha,
Nebraska.
4. Therefore, this Agreement shall grant all sworn Special Deputy State Sheriffs
employed by UNO the right and ability to enforce the laws of the City of Omaha,
through citation or arrest based on violations of the Omaha Municipal Code on all
properties as designated in Exhibit A, within the City of Omaha, Nebraska.
SECTION FOUR
GENERAL PROVISIONS
A. Independent Contractors.
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It is agreed that nothing contained herein is intended to or should be construed in
any manner as creating or establishing a partnership or joint venture between the Parties.
Any and all acts that City or UNO or their respective personnel, employees, agents,
contractors, or servants, perform pursuant to the terms of this Agreement shall be
undertaken as independent contractors and not as employees of the other. The Parties shall,
except as provided herein, act in their individual capacities and not as agents, employees,
partners,joint ventures or associates of the other. An employee or agent of one shall not
be deemed or construed to be the employee or agent of the other for any purpose
whatsoever. None of the Parties nor their respective personnel, employees, agents,
contractors, or servants shall be entitled to any benefits of the other Party. A Party shall
not provide any insurance coverage to the other Party or its employees, including, but not
limited to, workers' compensation insurance. Each Party shall pay all wages, salaries and
other amounts due its employees and shall be responsible for all reports, obligations, and
payments pertaining to social security taxation, income tax withholding, workers'
compensation, unemployment compensation, group insurance coverage, collective
bargaining agreements or any other such similar matters. Any and all claims that may or
might arise under the Workers' Compensation Act of the State of Nebraska on behalf of
said personnel or other persons while so engaged, and any and all claims whatsoever on
behalf of any such person or personnel arising out of employment or alleged employment,
including, without limitation, claims of discrimination against a Party its officers,
employees,agents,contractors or servants shall in no way be the responsibility of the other
Party. Neither Party shall have any authority to bind the other by or with any contract or
{00036373.DOC; 2} 4
agreement, nor to impose any liability upon the other. All acts and contracts of each shall
be in its own name and not in the name of the other, unless otherwise provided herein.
B. Nondiscrimination.
Both Parties agree that in accordance with the Nebraska Fair Employment Practice
Act, Neb. Rev. Stat. § 48-1122, they will not discriminate against any employee or
applicant for employment, to be employed in the performance of this Agreement, with
respect to hire,tenure, terms, conditions, or privileges of employment because of the race,
color,religion, sex,disability, or national origin of the employee or applicant. None of the
Parties shall, in the performance of this Agreement, discriminate or permit discrimination
in violation of federal or state laws or local ordinances.
C. Captions.
Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
D. Applicable Law and Venue.
Parties to this Agreement shall conform with all existing and applicable city
ordinances, resolutions, state and local laws, federal laws, and all existing and applicable
rules and regulations. Nebraska law will govern the terms and the performance under this
Agreement. Venue for any non-federal legal proceeding under this Agreement shall be in
the courts of the State of Nebraska.
E. Entire Agreement
This Agreement contains the entire agreement of the Parties. No representations
were made or relied upon by either Party other than those that are expressly set forth herein.
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No agent,employee or other representative of either Party is empowered to alter any of the
terms hereof except as provided herein.
F. Amendments
This Agreement may be modified only by written amendment, duly executed by
authorized officials of the Parties. No alteration or variation of the terms and conditions
of this Agreement shall be valid unless made in writing and signed by the Parties hereto.
Every amendment shall specify the date on which its provisions shall be effective.
G. Assignment.
None of the Parties may assign its rights under this Agreement without the express
prior written consent of the other Party.
H. Successors and Assigns Bound by Covenants.
All covenants, stipulations and agreements in this Agreement shall inure to the
benefit of the Parties hereto and extend to and bind the legal representatives, successors,
and assigns of the respective Parties hereto.
I. Waiver.
Failure or delay by any Party to exercise any right or power under this Agreement
will not operate as a waiver of such right or power. For a waiver of a right or power to be
effective,it must be in writing signed by the waiving Party. An effective waiver of a right
or power shall not be construed as either a future or continuing waiver of that same right
or power, or the waiver of any other right or power. In addition, any act by either Party
which is it not obligated to do hereunder shall not be deemed to impose any obligation
upon that Party to do any similar act in the future or in any way change or alter any of the
provisions of this Agreement.
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J. Severability.
If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or otherwise unenforceable,that provision will be severed and the
remainder of this Agreement will remain in full force and effect.
K. Dispute Resolution.
Any dispute which, in the judgment of a Party to this Agreement, may affect the
performance of such Party, shall be reduced to writing and delivered to the other Party. As
soon as possible thereafter,the Parties' authorized representatives shall schedule a face to
face meeting to resolve the dispute in a mutually satisfactory manner. Prior to the
institution of any formal legal proceeding, the Parties must meet in this manner to resolve
the dispute. This meeting must take place within ten(10)business days after service of the
written statement of dispute. During the pendency of negotiations, the Parties shall act in
good faith to perform their respective duties described herein.
If the Parties are unable to resolve their dispute using the process described above,
the Parties agree to submit to nonbinding mediation with a mutually acceptable mediator
prior to commencement of a legal action by any Party. The costs of the mediator shall be
shared equally by the Parties.
L. Indemnification.
Each Party (the "Indemnifying Party") will indemnify, defend and hold harmless
the other Party from any and all liability,expense,cost,claim,judgment,suit and/or cause
of action(whether or not meritorious), settlement, or demand for personal injury, death or
damage to tangible property which may accrue against the other Party to the extent it is
caused by the negligent acts or omissions of the Indemnifying Party, its officers,
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employees, agents, or subcontractors while performing their duties under this Agreement,
provided that the other Party gives the Indemnifying Party prompt, written notice of any
such claim, suit,demand or cause of action. The other Party shall cooperate in the defense
or settlement negotiation of such claim, suit,demand or cause of action.
These Indemnification provisions are not intended to waive a Party's sovereign
immunity. A Party's liability is governed by and limited to the extent provided by the
Nebraska Political Subdivision Tort Claims Act,Neb. Rev. Stat. §§ 81-8, 209 through 81-
8, 235 or other applicable provisions of law.
The provisions of this section shall survive expiration or termination of this
Agreement.
M. No Third Party Rights.
This Agreement is not intended to, nor shall it provide third parties, excluding any
assignment as provided herein,with any remedy, claim, liability, reimbursement, cause of
action or other right or privilege; except that this Agreement's indemnification provision
shall also inure to the benefit of a Party's employees, officers, agents and servants.
N. Authorized Representatives and Notice.
In further consideration of the mutual covenants herein contained,the Parties hereto
expressly agree that for purposes of notice, during the term of this Agreement and for the
period of any applicable statute of limitations thereafter, the following named individuals
shall be the authorized representatives of notice for the Parties:
1. City of Omaha
Chief of Police
505 S. 15th Street
Omaha,NE 68102
(402)444-5600
(402) 444-4225 fax
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2. University of Nebraska-Omaha and
University of Nebraska Medical Center
Chief of Police
6001 Dodge Street
EAB100
Omaha,NE 68182
(402) 554-2772
(402) 554-3675 fax
With a copy to:
Vice President for Business& Finance/CFO
University of Nebraska
216 Varner Hall
Lincoln,NE 68583-0742
Notice shall be in writing and shall be effective upon receipt. Delivery may be by hand, in
which case a signed receipt shall be obtained, overnight courier or by United States mail,
registered or certified, return receipt requested or by facsimile with a signed return
facsimile acknowledging receipt.
O. Force Majeure.
Except as may be otherwise specifically provided in this Agreement, neither Party
shall be in default under this Agreement if and to the extent that any failure or delay in such
Party's performance of one or more of its obligations hereunder is caused by any of the
following conditions, and such Party's performance of such obligation or obligations shall
be excused and extended for and during the period of any such delay: act of God; fire;
flood; changes to any of the following: government codes, ordinances, laws, rules,
regulations or restrictions, as to which either Party's compliance is necessary to carry out
the terms and conditions of this Agreement; war or civil disorder; or any other cause
beyond the reasonable control of such Party. The Party claiming relief under this section
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shall promptly notify the other in writing of the existence of the event relied on and the
cessation or termination of said event.
P. Joint Work Product.
This Agreement is the joint work product of the Parties; accordingly, in the event
of any ambiguity, no presumption shall be imposed against or in favor of either Party by
reason of document preparation.
Q. Public Employer Contract Provision—Neb.Rev.Stat. § 4-114(2)
Pursuant to and in order to be in compliance with Neb.Rev.Stat. § 4-114(2), both
Parties hereby agree to use a federal immigration verification system to determine the work
eligibility status of new employees physically performing services within the State of
Nebraska. A federal immigration verification system means the electronic verification of
the work authorization program authorized by the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program,
or an equivalent federal program designated by the United States Department of Homeland
Security or other federal agency authorized to verify the work eligibility status of a newly
hired employee.
R. Public Benefits -Neb.Rev. Stat. §§ 4-108 - 113
Neither Party is an individual or sole proprietorship. Therefore, neither Party is
subject to the public benefits attestation requirements of Neb. Rev. Stat. §§ 4-108 - 113.
S. Drug-Free Workplace
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Both Parties certify that each maintains a drug-free workplace environment to
ensure worker safety and workplace integrity.
EXECUTION
Approval of the City Council being necessary under Section 5.17 of the Home Rule
Charter; the City Council and Board of Regents of the University of Nebraska have
approved this Agreement.
IN WITNESS WHEREOF, the Parties hereunto set their hands to this Agreement
upon the day and year hereinafter indicated.
BOARD OF REGENTS
OF THE UNIVERSITY OF
NEBRASKA CITY OF OMAHA,NEBRASKA
LU t°/l/zi -11/k i 1-1d-767-4
President Date Mayor Date
ATTEST: ATTEST:
P% /' ::
E dG '7,'
I I-I D-70-Z 1
Corporation Secretary Date City Clerk Date
APPROVED AS TO FO .
/609 /
eput City Attorney Date
{00036373.DOC; 2} 11
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