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2020-30RESOLUTION 2020-30 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Trails Have Our Respect (THOR) would like to create a mountain bike trail on city owned property in Black Elk Neihardt park, and WHEREAS, the trails will be open for public use with trail conditions permitting and BETA may establish and enforce reasonable operational rules and regulations for the trail as approved by the Park Board, and WHEREAS, a Memorandum of Understanding is attached marked `Exhibit A" to define and specify the cooperation and expectations between THOR and the City of Blair for the building and maintaining of mountain bike trails in Black Elk Neihardt Park, WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Memorandum of Understanding attached hereto, marked Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby approved by the City of Blair, Nebraska, and the Mayor and City Clerk are hereby authorized to execute and deliver, on behalf of the City of Blair, Nebraska, any documents that may be necessary for approval of said agreement. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ANDERSEN. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, RUMP, WILLIS, JENSEN, ANDERSEN, WOLFF AND HALLVOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 25TH DAY OF AUGUST 2020. ATTEST: CITY CLERK W CITY OF BLAIR, NEBRASKA BY RICHARD HANSSN, MAYOR STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 25th day of August 2020. &�'VA 11L� BRENDA WHEELER, CITY CLERK MEMORANDUM OF UNDERSTANDING between Trails Have Our Respect (THOR) and the City Of Blair (City) I. Purpose — The purpose of this MOU is to establish a mutually beneficial relationship between THOR, and the City for the purpose of providing volunteer assistance for trails in Black Elk Park. II. Agreement Term - This MOU shall commence on the date of execution and terminate on August 1, 2023- provided, that this MOU may be extended thereafter for additional three (3) year periods upon the mutual written agreement of the parties, unless either party notifies the other of its decision to terminate the MOU. Such notification must be furnished to the other party in writing at least 30 days before the MOU is terminated. III. Properly Control — Black Elk Park is owned by the City and operated through its Parks, Department, hereinafter referred to as Parks. The trails shall be for nonmotorized bikes and hikers. All rules and regulations governing park property shall remain in effect. IV. Trail Availability - These trails will be open for public use. The trail will be closed to the public when an approved trail event is scheduled. All events must first be approved by the Parks Department. The THOR Black Elk Park Trail Leader shall email the parks department for event approval for all events 30 days in advance. V. FEES - No fee shall be established or collected for the public use of the trails. Approved events promoters may charge for participation in the events. VI. Trail Construction - All volunteer trail stewardship activities must first be reviewed and approved by the Parks. All trail design and construction shall meet the guidelines of the International Mountain Bike Association. VII. Trail Maintenance - THOR will provide volunteer assistance to the Park for maintenance of the trails. Any expenses incurred that relate to volunteer activities shall be covered solely by THOR. Areas that require revegetation shall be seeded with seed mixture approved by Parks Department. VIII. Non -Funding Obligation - This MOU is neither a fiscal nor a funds obligation document. Any endeavor involving reimbursement or contribution of funds or transfer of anything of value, between Parties to this MOU will be handled in accordance with applicable laws, regulations, and procedures. Such endeavors will be outlined in separate agreements, such as work plans or statements of work, which shall be made in writing by representatives of the Parties and shall be independently authorized by appropriate statutory authority. This MOU does not provide such authority. IX. Reports - Prior to January 31st of each year, a report of the prior year's activities concerning the Park trails, including a list of THOR's Board of Directors, their addresses and phone numbers, and a general membership list, shall be submitted to the Director of parks and the park board. X. Insurance and Indemnification - Prior to participating in THOR activities associated with the volunteer stewardship activities, each volunteer must have signed an accident waiver and release from liability agreement that indemnifies and holds harmless the City and THOR. THOR and the City 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. THOR shall procure and maintain in effect during the term of this MOU, with companies licensed to do business in the State of Nebraska, public liability insurance with minimum policy limits of $1,000,000 per occurrence, $2,000,000 aggregate for bodily Injury and property damage. Said policy shall expressly include the City as an additional insured. A certified copy of the policy or certificate shall be delivered to the Director of Parks. XI. Principle Contacts Stephen Brent Fullmer Park Trail Leader stephenfullmer@yahoo.com 402-237-1362 Pat Long Parks Superintendent patl@blairnebraska.org 402-533-8589 XII. Authorized Representative This Memorandum of Understanding between TRAILS HAVE OUR RESPECT and the CITY OF BLAIR NEBRASKA is hereby made and entered into on 08 / 01 / 2020. Chris Spargen, THOR President 402-679-1330 cspargen.linoma@gmail.com Signature: Date: 07 /24 /2020 Richard Hansen, Mayor City of Blair Date: Signature: Le Accessibility Mode Participant Name: ED Show email 101 X ` Open inDeuNnpApp 6W Print {D Find inconsideration for the participant, named above, being allowed to participate in anywayinthe —activities conducted st ("Activity"), which may present an open and apparent risk of harm to persons or property, 1, the undersigned, hereby acknowledge the existence of and assume full responsibility for, all the risks associated with the Activity, both, known and unknown, which may cause damage to property or personal bodily injury ordeath tothe participant. Furthermore, (herewithagreetoindemnify, release, and hold forever harmless the City of Blair ("The City')andTr ilsHaeeUmrRespaz(°TH[>W'),d/elraQen{s,mndemp|oyees("0eemadPart)esle0aha loss from any claims, demands mractions that may hereafter, ormtany time, bemade orbrought against the Released Parties on account of damages or bodily injury or death to the participant sustained inconsequence ofthe aforementioned activity. | HAVE READ THIS RELEASE oFUABunYAND ASSUMPTIONS OF RISK AGREEMENT, AND FULLY COPY UNDERSTAND ITS TERMS. /UNDERSTANDTHAJ|HAVEGmENWPSUBSTANTIAL RIGHTS 8YSUGm|NG IT, 4ND8/GN[TFREELY AND VOLUNTARILY WITHOUT INDUCEMENT. Participant's Signature Age Date FOR OF PARTIOPANTSOF MINOR AGE (under age 18 at the time of registration) This isthe oertifythat|asparent/guardian with legal responsibility for (Participant), do consent and agree to the release of the City of Blair ("The City") and Traits Have Our Respect ("THOR"), there agents, and employees ("Released Parties"), as provided above, and, for myseff, rny heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Released Parties f rom any and all liability incidents to my minor child's involvement or participation in the Activities as explained, even if arising f rom the negligence of the Released Parties, tothe f ullest extent permitted hylaw. Parent/ Guardian Signature Date Emergency Phone Page of 87% Give Feedback to Microsoft / ACC�/2 T IIA F LIABILITY INSURANCE DATE(MM/DDIYYYY) 7/22/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER FL DEAN TOM WOJCIECHOWSKI 12800 UNIVERSITY DR STE 125 CONTACT NAME: (AHico No Ext): 8007452409 ac No E-MAIL ADDRESS: FORT MYERS, FL 33907-5335 INSURER(S) AFFORDING COVERAGE NAIC # 8007452409 INSURERA: United States Fire Insurance 21113 INSURED SPORTS AND RECREATION PROVIDERS ASSOCIATION (PURCHASING GROUP) AND INSURER B : ITS PARTICIPATING MEMBERS: X COMMERCIAL GENERAL LIABILITY INSURER C : T.H.O.R. INSURERD: 10013 Brentwood Dr. La Vista, NE 68128 INSURERE: PERSONAL &ADV INJURY $1,000,000.00 A INSURER F : nA\iC�A/�GC BCDTICIf`ATE NUMBER• U-SP307368 REVISION NUMBER: V V Y LI\/1V LV THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY GENERAL AGGREGATE $2,000,000.00 PRODUCTS - COMP/OP AGG $2,000,000.00 X COMMERCIAL GENERAL LIABILITY PERSONAL &ADV INJURY $1,000,000.00 A CLAIMS -MADE FxI OCCUR X SRPGAPML-101-0719 5/2019 102 01 AM 10/05/2020 12:01 AM EACH OCCURRENCE $1,000,000.00 FIRE DAMAGE (Any one fire) $300,000.00 GEN'L AGGREGATE LIMIT APPLIES PER: MED EXP (Any One person) $55,000.00 X POLICY JEC LOC AUTOMOBILE LIABILITY COEa aaidentMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALLOWNEDscHEDULED AUTOS AUTOS HIREDAUTO NON -OWNED AUTOS PRPERTY PeOr ace dentDAMAGE $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ EACH OCCURRENCE $0.00 GENERAL AGGREGATE $0.00 EACH OCCURENCE $ GENERAL AGGREGATE $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Mountain Biking The Certificate Holder is added as an additional insured but only with respect to liability arising out of the named insured during the policy period. rcorIrtrATc uni nER CANCELLATION City of Blair 218 South 16th Street Blair, NE 68008 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Francis L. Dean ACORD 25 (2010/05) x141120.001 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD