RES 2017-0891 - City designates USA Triathlon age group national championships August 12 and 13 �WOIA,NFL
.; ��,_� Public Works Department
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City of Omaha Robert G.Stubbe,P.E.
Jean Stothert,Mayor C i I)' CLERK Public Works Director
Honorable President
and Members of the City Council,
The Attached for your consideration is a Resolution to accept the terms and conditions set forth
in the Interlocal Agreement between Omaha, Douglas County and Washington County, as
authorized by NEB. REV. STAT. _ §13-801 through 827 (Reissue 2007 and Cum. Supp. 2011)
arising out of the temporary use of Carter Lake Drive, Abbott Drive, Storz Expressway, 16th
Street, and Pershing Drive in Omaha, N. River Drive in Douglas County, and County Road P51
in Washington County on.August 12-13 2017, between the hours of 6:00 a.m. and 3:00 p.m., for
a part of the bicycling portion of the USA Triathlon Age Group National Championships special
event.
The event sponsor is USA Triathlon working locally with Mimran Event Management. USA
Triathlon will provide insurance coverage naming the City as an additional insured to cover the
statutory liability which the City agrees to accept by passage of this Resolution.
Your favorable consideration is requested.
Respectfully submitted, Referred to City Council for Consideration
7-7-17 IAA r"
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o ert G. Stubbe, .E. Date `Mayor's Office/Title y
Date
2017-02mpg
Resolution No: 446
ADOPTED: June 20, 2017
BOARD OF COUNTY COMMISSIONERS
Douglas County Nebraska
Resolver
WHEREAS,the USA Triathlon Age Group National Championships is to be
held on August 12, 2017, and will cover a route traveling through the respective
jurisdictions of Douglas County, Washington County and the City of Omaha; and,
WHEREAS,the Nebraska Interlocal Cooperation Act, Neb.Rev.Stat §13-801 to
§13-827, and Neb.Rev.Stat. §29-215, authorize political subdivisions to enter into
agreements to provide law enforcement services beyond their respective jurisdictions;
and,
WHEREAS, Douglas County, Washington County and the City of Omaha wish
to enter into an Agreement to authorize and provide for the provision of traffic control
and other law enforcement services jointly, and beyond their respective jurisdictions,
during and for the USA Triathlon event.
NOW, THEREFORE,BE IT RESOLVED BY THIS BOARD OF
COMMISSIONERS, Douglas County, Nebraska, that the attached Interlocal Agreement
between Douglas County, Washington County and the City of Omaha is hereby
approved.
DATED this 20th day of June, 2017.
Motion by Rodgers, second by Duda to approve. I move the adoption of the resolution.
Adopted: June 20, 2017 >
Yeas: Boyle, Cavanaugh, Duda, Kraft, Morgan, Rodgers, Borgeson o m
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~Daniel A. Esch
Douglas County Clerk
INTERLO CAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made
and entered into on the last date below written, by and between the CITY OF OMAHA,
NEBRASKA, a municipal corporation and a city of the metropolitan class ("Omaha"),
COUNTY OF DOUGLAS, NEBRASKA, a political subdivision of the State
of Nebraska ("Douglas County") and COUNTY OF WASHINGTON, _
NEBRASKA, a political subdivision of the State of Nebraska
("Washington County").
WITNESSETH:
WHEREAS, an event known as the USA Triathlon Age Group National
Championships ("Event") is scheduled to be held and conducted on August 12, 2017,
portions of which will occur within the corporate limits and extraterritorial zoning
jurisdictions of Omaha, and the corporate limits of Douglas.County and Washington
County; and
WHEREAS, neither Omaha, Douglas County nor Washington County are
sponsors or co-sponsors of the Event; and
WHEREAS, the Event's organizers and operators, USA Triathlon Mimran
Event Management, Inc., desire and Omaha, Douglas County, and Washington County
have agreed to provide certain services for the Event, consisting of traffic control, both
within Omaha's corporate limits and extraterritorial zoning jurisdictions, and Douglas
County's, and Washington County's corporate limits; and
WHEREAS, Omaha,Douglas County, and Washington County are authorized by
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the Interlocal Cooperation Act, Neb. Rev. Stat. § § 13-801 through 827 (Reissue.2007
and Cum. Supp. 2011), to so cooperate and to enter into agreements for such
cooperative 'action and thereby provide services in a manner which accords best with
factors influencing the needs and development of local communities; and
WHEREAS, Omaha, Douglas County, and Washington County now desire.to
enter into this Agreement, the purposes of which are to authorize Omaha's provision_of
such services for the Event within Douglas County's and Washington County's corporate
limits and to set forth the agreed terms and conditions regarding such.
NOW, THEREFORE, in of the foregoing and the mutual promises
and agreements hereinafter, it is agreed by and among the parties as follows:
I.
DURATION
This Agreement shall become effective and binding upon its execution by all
parties, and the duration of this Agreement shall be to the conclusion of the Event
within Douglas County's and Washington County's corporate limits.
H.
SEPARATE ENTITY AND ADMINISTRATION
This Agreement does not establish any separate legal or administrative entity.
The administration of this Agreement shall be by designated employees of each party.
In addition,this Agreement does not contemplate acquiring,holding or disposing of joint
property nor does it contemplate the levying or collecting of any tax.
III.
AUTHORITY
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Any duly licensed and appointed law enforcement personnel employed by
Omaha who is beyond the territorial limits of Omaha but who is within the corporate
limits of Douglas County or Washington County for and during the Event, shall have the
power and authority to enforce the laws of this State and any legal ordinance of Douglas
County and Washington County, and to otherwise perform the functions of his or her
office, including the authority to arrest and detain suspects as if enforcing the laws or. _
performing the functions within the territorial limits of Omaha.
The provisions of Neb. Rev. Stat § 29-215 (Reissue 2008) shall also apply to
all such law enforcement officers of Omaha, who are within the territorial limits of
Douglas County and Washington County for and during the Event.
iv.
PAYMENTS
Neither Douglas County nor Washington County shall be liable or responsible for
any payments or costs associated with Omaha's provision of the aforesaid services
within Douglas County's or Washington County's corporate Iimits, for and during the
Event, and Mimran Event Management, Inc. shall instead be solely liable and
responsible to Omaha therefor.
Neither Omaha nor Washington County shall be liable or responsible for any
payments or costs associated with Douglas County's provision of any services within
Douglas County's corporate limits, for and during the Event, and Mimran Event
Management, Inc. shall instead be solely liable and responsible to the Douglas
County Sheriff's Office and Douglas County therefor.
Neither Omaha nor Douglas County shall be liable or responsible for any
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payments or costs associated with Washington County's provision of any services within
Washington County's corporate limits, for and during the Event, and Mimran Event
Management, Inc. shall instead be solely liable and responsible to the Washington
County Sheriff's Office and Washington County therefor.
INSURANCE
Each party shall either be self-insured or have and maintain in effect general
liability insurance and workers' compensation insurance.
VI.
INDEMNITY
Each party (Indemnifying Party) gees to indemnify and defend the other from
any and all liability, expense, cost, attomey's fees, claim,judgnent, suit (whether or not
meritorious), settlement, or demand for personal injury, death or damage to tangible
property which may accrue against the other party, which loss or damage was
proximately caused by the negligent acts or omissions of the Indemnifying Party's
employee while said employee was serving or acting pursuant to the terms of this
Agreement. The other party shall cooperate in the defense or settlement negotiation of
such claim, suit or demand. The provisions of this section shall survive expiration or
termination of this Agreement. This Indemnification provision is 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 or other
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applicable provisions of law.
VII.
MISCELLANEOUS PROVISIONS
• Nondiscrimination.
The 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
age,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.
• Applicable Law and Venue.
Parties to this Agreement shall conform to 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 State of Nebraska,District Court of Douglas
County and for any federal legal proceeding in the United States District Court for the
State of Nebraska located in Omaha Nebraska.
C. 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.
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• 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.
• Independent Contractors
It is agreed that nothing contained herein is intended or should be construed in any
manner as creating or establishing a partnership or joint venture between the Parties. Any
and all acts that any Party or its 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 its personnel, employees,agents, contractors, or servants shall be entitled
to any benefits of the other. The Parties shall not provide any insurance coverage to the
other or their 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
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in no way be the responsibility of the other Party. No Party shall have any authority to
bind the other by or with any contract or 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 any
other,unless otherwise provided herein.
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CITY OF OMAHA,NEBRASKA DOUGLAS COUNTY,
NEBRASKA
a municipal corporation a m ' ' al corporat
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Dated: � .; a 19' Dated: (0 aZ' pb 17
WASH NGTON COUNTY,
NEBRASKA
a music' 1 corporation )
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By: 4J
APPROVED AS TO FORM: Title: L (,`ibiYYl ,0-
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ASS T CITY ATTORNEY ,
ATTEST: APPROVED AS TO FOflM:
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CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, USA Triathlon, working with Mimran Event Management, desires to hold a triathlon
event called the USA Triathlon Age Group National Championships on August 12-13,2017 using Carter Lake Drive,
Abbott Drive, Storz Expressway, 16th Street, and Pershing Drive in Omaha City Limits, as well as N. River Drive in
Douglas County and County Road P51 in Washington County for the bicycling portion of the event; and
WHEREAS, neither Omaha, Douglas County or Washington County are sponsors or co-sponsors of
the event; and
WHEREAS,the Event's organizers and operators, USA Triathlon and Mimran Event Management,
Inc., desire and Omaha, Douglas County and Washington County have agreed to provide certain services for the
event, consisting of traffic control, both within Omaha's corporate limits and extraterritorial zoning jurisdictions,and
Douglas County's, and Washington County's corporate limits; and
WHEREAS, Omaha, Douglas County and Washington County are authorized by the Interlocal
Cooperation Act, NEB. REV.STAT. § 13-801 through 827(Reissue 2007 and Cum.Supp.2011),to so cooperate and
to enter into agreements for such cooperative action and thereby provide services in a manner which accords best
with factors influencing the needs and development of local communities; and
WHEREAS, Omaha, Douglas County and Washington County have prepared such Agreement,the
purposes of which are to authorize Omaha's provision of such services for the Event within Douglas County's and
Washington County's corporate limits and to set forth the agreed terms and conditions regarding such, including
duration, authority, payments, insurance and indemnity.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT,the City of Omaha officially designates the USA Triathlon Age Group National Championships
as a special event, and under NEB. REV.STAT. §13-801 through 827(Reissue 2007 and Cum. Supp. 2011)agrees
to terms and conditions of Interlocal Agreement between Omaha, Douglas County and Washington County for USA
Triathlon and Mimran Event Management's special event,the USA Triathlon Age Group National Championships,
August 12& 13, 2017 using Carter Lake Drive,Abbott Drive, Storz Expressway, 16th Street, and Pershing Drive in
Omaha City Limits, as well as N. River Drive in Douglas County and County Road P51 in Washington County for
the bicycling portion of the event.
2017-01mpg APPROVED AS TO FORM:
1 ill 111
TY ATT EY DATE
4.1,,ti i 00ZA?--
By
Councilmember .
Adopted JUL 2 5 2017. -1T 0
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Approved ,,�. _,S. ILL
Mayor
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NO. U 11
Resolution.by
Res. that in accordance with NEB. REV.
STAT. § 13-801 through 827 (Reissue 2007
and Cum. Supp. 2011) the City of Omaha . ; a
officially designates the USA Triathlon Age -�
Group National Championships as a special A�"
event, and agrees to terms and conditions of
Interlocal Agreement between Omaha,
`Douglas County and Washington County for
USA Triathlon and • Mimran Event
Management's special event, . the USA S
Triathlon Age Group National
Championships, August 12 & 13, 2017 using
Carter . Lake Drive, Abbott Drive, Storz S
Expressway, 16th Street, and Pershing Drive S
in Omaha City Limits, as well as N. River
Drive. in Douglas County and County Road
P51 in Washington County for the bicycling
portion of the event.
2017-01Ampg
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1;
Presented to City Council '
JUL 2 5 2017
Adopted —I- 0 •
Elizabeth H3utler
City Clerk