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RES 2017-0891 - City designates USA Triathlon age group national championships August 12 and 13 �WOIA,NFL .; ��,_� Public Works Department iftrei n i'( t. I,r� E, i V i Omaha/Douglas Civic Center n®l«`ii J', 25, 2017 ! L. i rl (iM0 July 1819 Farnam Street,Suite 601 � ,3y ^t� 7 i p Omaha,Nebraska 68183-0601 AR4T UP��ro 2t 1 t .. .t . 1 14 t le 1: (402)444 5220 �D FEBR '— Fax(402)444-5248 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" LeA, •---C7.-- 15,11-4- 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 Oa, 0 c ms (CERTIFIED COPY) Q Z..• ;'� 0 'n 7}I'-1 ' t Vrti ~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 1 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 2 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 3 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 • 4 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. 5 • • 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 • 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. 6 CITY OF OMAHA,NEBRASKA DOUGLAS COUNTY, NEBRASKA a municipal corporation a m ' ' al corporat `� - - y / By: ,(_ - Title: Title: 4(U* kSD('Q Dated: � .; a 19' Dated: (0 aZ' pb 17 WASH NGTON COUNTY, NEBRASKA a music' 1 corporation ) • J By: 4J APPROVED AS TO FORM: Title: L (,`ibiYYl ,0- - h.-) ir) Dated: 6/y`d0 i7 ASS T CITY ATTORNEY , ATTEST: APPROVED AS TO FOflM: "ts% (J,� V Ci y erk p ty Cwuiltsr At verity 7 C-25A 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 -..--$3: ::' n City Clerk 1 Itilt-cs\--i Approved ,,�. _,S. ILL Mayor • `t �(q 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 • I 1; Presented to City Council ' JUL 2 5 2017 Adopted —I- 0 • Elizabeth H3utler City Clerk