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ORD 40061 - Interlocal Hummel Park Radio Station Site MAHA,N 0 . Law Department i. Omaha/Douglas Civic Center «`��' �l!-A-1 �^, { ! 1819 Farnam Street,Suite 804 ocm _:" Omaha,Nebraska 68183-0804 lA 4y� (402)444-5115 0 �4rED FESR FAX:(402)444-5125 City of Omaha Paul D. Kratz Jean Stothert,Mayor City Attorney Honorable President and Members of the City Council, Transmitted herewith is an Ordinance approving an Interlocal Agreement between the City of Omaha and Douglas County,Nebraska,regarding the rights,duties,and obligations of each party to a piece of property known as the Hummel Park Radio Station Site. The City recently acquired this parcel of property which is located within Hummel Park from the National Park Service through the Federal Lands to Parks Program at no cost. Currently, Douglas County has a communications tower and support building for its 9-1-1 operation on this property. The purpose of the Agreement will establish the obligations of each party which may change if the City desires to develop this parcel. At present the Parks, Recreation and Public Property Department does not have a plan to develop this parcel. Your favorable consideration of this Ordinance is respectfully requested. Respectfully submitted, Michelle Peters Assistant City Attorney P\LAW-CITY Y COUNCIL DOCUMENTS\2014\30052d1m ORDINANCE NO. ICON AN ORDINANCE to approve an Interlocal Agreement between the City of Omaha and Douglas County, Nebraska, for more than one year to set forth the rights, duties, and obligations of each party with regard to a piece of property, known as the Hummel Park Radio Station Site, which the City recently acquired from the National Park Service through the Federal Lands to Parks Program and upon which Douglas County has a communications tower and support building for its 9-1-1 operation; and to provide 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 for a term of more than one year between the City of Omaha and Douglas County, Nebraska, to set forth the rights, duties, and obligations of each party with regard to a piece of property, known as the Hummel Park Radio Station Site, which the City recently acquired from the National Park Service through the Federal Lands to Parks Program and upon which Douglas County has a communications tower and support building for its 9-1-1 operation. Section 2. That this Ordinance, not being of legislative character, shall be in full force and effect upon its passage. INTRODUCED BY COUNCILMEMBER 14,6A1264- APPROVED BY: (Itt ,o MAYOR OF THE CITY OF OMAHA DA E' PASSED JUL 2 9 2014 6-0 ORDINANCE NO. 2/ i Page 2 ATTEST: 7/& C CLER OF THE CITY OF OMAHA D frY APPROVED AS TO FORM: ,c—L " G /2 7/ 4/ ASSIS ANT CITY ATTORNEY DATE P\LAW-CITY COUNCIL DOCUMENTS\2014\30053dIm Resolution No: 415 ADOPTED: June 24, 2014 DOUGLAS COUNTY COMMISSIONERS DOUGLAS COUNTY,NEBRASKA Whereas,pursuant to the Interlocal Cooperation Act set out in state statute, Douglas County, Nebraska, a political subdivision of the State of Nebraska and the City of Omaha, a municipal cooperation organized and existing under the laws of the State of Nebraska desire to enter into an Interlocal Agreement to specify their respective rights concerning the County's use of the Communication Tower and support building(Tower) at Hummel Park. Whereas,the Board recognizes that through the County's operation of the equipment on or at the Tower,the City has the radio coverage needed to support their public safety agency's operation. Whereas,the Board recognizes that utilization of the Tower enhances the level of multi- jurisdictional interoperability that can be maintained to serve the best interest of its citizens in the time of crisis or emergency. Whereas, NOW,THEREFORE,BE IT RESOLVED BY THIS BOARD OF COUNTY COMMISSIONERS,DOUGLAS COUNTY NEBRASKA,that the attached Interlocal Agreement between Douglas County, and City of Omaha relating to the use of the Tower at Hummel Park, is hereby approved and adopted and the Chair of this Board is authorized and directed to execute said Agreement. Motion by Tusa, second by Morgan to approve. I move the adoption of the resolution. Adopted: June 24, 2014 Yeas: Boyle, Duda, Kraft, Morgan, Rodgers, Tusa, Borgeson 8 o b = (CERTIFIED COPY) M g' } .1ti„ r( N c n O Thomas F.Cavanaugh Douglas County Clerk INTERLOCAL AGREEMENT HUMMEL PARK RADIO STATION SITE FUNCTIONS T IS INTERLOCAL AGREEMENT is hereby made and entered into this-< day of , 2014, by and between the CITY OF OMAHA, a municipal corporation or aniz an existing under the laws of the State of Nebraska located in Douglas County, Nebras a ("City"), and the COUNTY OF DOUGLAS, a political subdivision organized and existing under the laws of the State of Nebraska located in Douglas County, Nebraska ("County"). WHEREAS, City and County are independent political subdivisions organized and existing under the laws of the State of Nebraska; and, WHEREAS, City has acquired real property, known as the Hummel Park Radio Station Site ("Site"), from the National Park Service through the Federal Lands to Parks Program; and, WHEREAS, County has a communications tower and support building for its 911 operation located on the Hummel Park Radio Station Site through an expired license with the U.S. Army Corps of Engineers; 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, Sections 13-801 through 13-827 Neb. Rev. Stat. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, City and County do hereby mutually undertake, promise, agree and contract each for itself and its successors and assigns as follows: I. PURPOSE The purpose of this Agreement is to specify the duties and responsibilities of the parties hereto in connection with the continued operation of the Douglas County 911 Antenna Tower and Support Building (hereinafter "Tower") located on the Hummel Radio Station Site after the real property has been conveyed to the City by the National Parks Service in the Federal Lands to Parks Program. II. TERM This Agreement shall be in full force and effect from the date of the last signatory and shall continue in effect for ten (10) years ("Initial Term"). Upon expiration of the ten (10) year Initial Term, this Agreement shall automatically renew for one (1) additional five (5) year term - 1 - ("renewal Term"). Either party may terminate this Agreement by providing written notice to the other at least 270 days prior to the termination date. III. RIGHTS, OBLIGATIONS AND DUTIES OF COUNTY County agrees to: a) Manage the 911 Antenna Tower and Support Building for the needs of City and County Communications; and b) Provide for no addition or expansion including any use, operation, repair, maintenance of the existing Douglas County 911 system (tower, building and other appurtenance) that will expand the footprint, use, or impact of such system on the property without the prior written consent of the City, such consent will not be unreasonably withheld; and, c) Install a security fence around the perimeter of the 911 Antenna Tower and Support Building, not to exceed fifteen (15) feet from antenna tower and support building, within one hundred eighty (180) days of the commencement of this Agreement; and, d) Ensure that the 911 Antenna Tower complies with all applicable rules and regulations for the Federal Communications Commission (FCC), Federal Aviation Administration (FAA), American National Standard Institute (ANSI), and Telecommunications Industry Association (TIA) standard 22G; and, e) Notify City of any required repairs or maintenance on the 911 Antenna Tower and/or Support Building within 30 days after the repair or maintenance; and, f) Provide City with a status update on 911 Antenna Tower and Support Building biennially, beginning January of 2016, including any maintenance, safety or structural problems; and, g) Not to allow 911 Antenna Tower and Support Building to interfere with any park or recreation programs established and developed on the Site by City; and h) Each Party shall be responsible for any use, operation, repair, maintenance or replacement of 911 Antenna Tower and/or Support Building as provided in the 911 City County Interlocal Cooperation Agreement that provides for cost sharing between the City County for 911 or any other applicable agreement. IV. RIGHTS, OBLIGATIONS AND DUTIES OF CITY City agrees to: a) Allow County to maintain and operate existing 911 Antenna Tower and Support Building on Site with no expansion, except as provided herein. b) Provide County unrestricted access to the 911 Antenna Tower and Support Building. - 2 - c) Provide maintenance to the Site, including mowing and trimming based on a maintenance schedule determined by the Parks, Recreation and Public Property Department, subject to available funding. d) Notify County in writing at least ninety (90) days in advance of plans for park or recreation programs to be established or developed on the Site, outside the perimeter of the erected 911 fence. e) Notify County in writing at least one (1) year in advance, or as soon as practicable but under no circumstances within less than six (6) months, of plans for park or recreation programs to be established or developed on the Site that may infringe upon or into the perimeter of the erected 911 fence. f) Each Party shall be responsible for any use, operation. repair, maintenance or replacement of 911 Antenna Tower and/or Support Building as provided in the 911 City County Interlocal Cooperation Agreement that provides for cost sharing between the City County for 911 or any other applicable agreement. V. OWNERSHIP OF REAL AND PERSONAL PROPERTY City is the owner of the Hummel Radio Station Site based upon conveyance of Quitclaim Deed from U.S. National Parks Service under their Federal Lands to Parks Program. County is owner of 911 Antenna Tower and Support Building. VI. INDEMNIFICATION County covenants and agrees to indemnify and hold harmless the City of Omaha, its officers, agents and employees, their successors and assigns, individually or collectively from and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature asserted by County or by anyone else, for financial harm, business loss, personal injury or death, or property damage in any way arising out of or resulting from any act, omission, determination, decision, activity or operation of County in performing its duties and obligations pursuant to the terms of this Agreement and County further agrees to pay all expenses in defending against any claims made against the City. City covenants and agrees to indemnify and hold harmless the County of Douglas, its officers, agents and employees, their successors and assigns, individually or collectively from and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature asserted by City or by anyone else, for financial harm, business loss, personal injury or death, or property damage in any way arising out of or resulting from any act, omission, determination, decision, activity or operation of City in performing its duties and obligations pursuant to the terms of this agreement and City further agrees to pay all expenses in defending against any claims made against the County. The provisions of this section shall survive expiration or termination of this Agreement. - 3 - 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 or other applicable provisions of law. VII. NOTICE City and the County shall give prompt and timely notice of any claim made or suit instituted which, in any way, directly or indirectly, contingently or otherwise, affects or might affect either party. VIII. RECORDS Each of the parties hereto agrees to prepare, keep and maintain records, in a method, location and for a time period satisfactory to the other, necessary to determine that each was in compliance with the terms of this Agreement. Each party shall have the right to audit and examine such records during usual business hours upon reasonable advance notice to the other. IX. GENERAL CONDITIONS Nondiscrimination - 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 because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. Captions - Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. Applicable Law - 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 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. Interest of City - Pursuant to section 8.05 of the Omaha Home Rule Charter, no elected official or any officer or employee of the City of Omaha shall have a financial interest, direct or indirect, in any City of Omaha contract. Any violation of this section with the knowledge of the person or corporation contracting with the City of Omaha shall render the contract voidable by the Mayor or Council of the City of Omaha. Merger - This contract shall not be merged into any other oral or written contract, lease or deed of any type. This is the complete and full agreement of the parties. Modification - 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. No - 4 - agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. Strict Compliance - All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from an authorized representative. Assignment - Neither of the parties may assign its rights under this Agreement without the express prior written consent of the other. 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. 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 City or County or their 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. Neither 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 the other, unless otherwise provided herein. 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. New Employee Work Eligibility Status (Neb. Rev. Stat. § 4-114) - Both Parties are required and hereby agree to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within 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 - 5 - 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. Authorized Representatives - 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 the parties: City of Omaha County of Douglas Brook Bench, Director Director Douglas County Parks, Recreation and Public Property Department Communications Omaha/Douglas Civic Center Douglas County 1819 Farnam Street, Suite 701 Omaha/Douglas Civic Center Omaha,NE 68183 1819 Farnam Street, Suite Omaha,NE 68183. COUNTY OF DOUGLAS CITY OF OMAHA Gf Executed this qaof t-1'GI' 2014 Executed this3/ day of399:44 , 2014 1ik —e:LL (Authorized Sig ) JearStothert,Mayor ATTEST: dr - APPROVED AS TO FORM: : er t rown,City lerk 4e•a/41)•-•:**U`t ULU:* Deputy County Attorney SLAL € ( '1 HL CI Y APPROVED AS TO FORM. sistant C' Attorney - 6 - 204) ORDINANCE NO. *pH AN ORDINANCE to approve an Interlocal Agreement between the City of Omaha and Douglas County, Nebraska, for more than one year to set forth the rights, duties, and obligations of each party with regard to a piece of property, known as the Hummel Park Radio Station Site, which the City recently acquired from the National Park Service through the Federal Lands to Parks Program and upon which Douglas County has a communications tower and support building for its 9-1-1 operation; and to provide the effective date hereof. P\LAW - CITY COUNCIL DOCUMENTS\2014\30054d I m PRESENTED TO COUNCIL 1st R adi g JUL 1 5 2014 PUBLICATIONS He rin PUBLICATION OF HEARING Date 7 /g'_ l Final Reading JUL 2 9 2014 Passed . 6-0 PUBLICATION OF ORDINANCE "t Date g— ' IF" BUSTER BROWN City Clerk "NOTICETO PUBLIC" THE DAILY RECORD The following Ordinance has as been set for City Council Hearing on July 22, 2014, at 2:00 p.m.: OF OMAHA AN ORDINANCE to approve an Interlocal Douglas t between the ,City Omaha and LYNDA K. HENNINGSEN, Publisher Douglas County,Nebraska,for more than one yearblito set forth the rights, d, anda PROOF OF PUBLICATION obligations of each party with regard to a piece of property,known as the Hummel Park Radio Station Site, which the City recently acquired from the National Park Service UNITED STATES OF AMERICA, through the Federal Lands to Parks Program The State of Nebraska, and upon which Douglas County has a SS. communications tower and support building District of Nebraska, for its 9-1-1 operation; and to provide the effective date hereof. County of Douglas, BUSTER BROWN, City of Omaha, City Clerk 7-18-14 J.BOYD being duly sworn,deposes and says that she is LEGAL EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on July 18, 2014 That said Newspaper during that time was re: ,1 ly I lished and in general circulation in the County of Douglas, : i s • of Nebraska. GEciERAL NO :AP/ A ELLEN Subscribed in my p •��a and sworn to before it‘- -Cam.—.'� My CUf-,- " Publisher's Fee $ t • 18t day of Additional Copies $ 1y 2014 Total $17.90 tary Public in and for Douglas County, State of Nebraska "NOTICE TO PUBLIC" THE DAILY RECORD AN ORDINANCE to approve anlInterlocal OF OMAHA „yreement between the City of Omaha and Douglas County,Nebraska,for more than one LYNDA K. HENN1NGSEN, Publisher yearblito set fortha the rights, dutd, and PROOF OF PUBLICATION obligations of each party with regard to a piece of property,known as the Hummel Park Radio Station Site, which the City recently acquired from the National Park Service UNITED STATES OF AMEI�IGA, through the Federal Lands to Parks Program and upon which Douglas County has a The State of Nebraska, SS. communications tower and support building District of Nebraska, for its 9-1-1 operation; and to provide the effective date hereof. County of Douglas, SUMMARY: Cityof Omaha, AN ORDINANCE to approve an Interlocal Agreement between the City of Omaha.and Douglas County,Nebraska,for more etthan andone J.BOYD year to set forth the. rights, obligations of each party with regard to a duly beingsworn,deposes and says that she is piece of property,known as the Hummel Park Radio Station Site, which the City recently LEGAL EDITOR acquired from the National Park Service through the Federal Lands to Parks Program and upon which Douglas County has a of THE DAILY RECORD, of Omaha, a legal newspaper, printed and communications tower and support building for its 9-1-1 operation; and to provide the published daily in the English language, haying a bona fide paid effective date hereof. circulation in Douglas County in excess of 300 copies, printed in PASSED:R July 29,2014,6 0 APPROVED BY: Omaha,in said County of Douglas,for more than fifty-two weeks last JEAN STOTHERT 07/31/2014 MAYOR OF THE past; that the printed notice hereto attached was published in THE CITY OF OMAHA DAILY RECORD,of Omz a,2�4 BUSTER BROWN, ALIguS , City Clerk B-6-14 That said Newspaper during that time was re ly hed and in general circulation in the County of Douglas, d Sta Nebraska. GENERAL NOTARY-State of Nebraska ',I CONNIE L.NOVACEK Su myRresen rn to before -.-i a'' Subscribed in . My Comm.Exp.N 16,2015 "Friesen Publisher's Fee $ me this Ji§y of August 14 Additional Copies $ �20 28.10 4,144(....„:„"or, Total $ Notary Public in an for Douglas County, State of Nebraska