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2013-29RESOLUTION NO. 2013- 29 COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair intends to hold a community event along Washington Street (Highway 30) on November 21, 2013 from 5:00 P.M. to 7:00 P.M., starting at 13 Street to 19 Street, and WHEREAS, closure of roadways between 13 to 19 Street is necessary to relieve the through traffic from the area in the City of Blair, Nebraska on or near this community event known as "Sugarplum Walk ", and provide a safe event for participants and spectators, and; WHEREAS, the US -30 roadway from 13 Street to 19 Street are part of the state highway system and are located within the official corporate limits or zoning jurisdiction of the City of Blair, and; WHEREAS, the City of Blair, while making use of the state highway system for a special event, shall have the legal duty to protect the highway property from any damage that may occur arising out of the special event and the state shall not have any such duty during the time the City of Blair is in control of the property as specified in the notice provided pursuant to LB 589/N.R.S §39 -1359, and; WHEREAS, any existing statutory or common law duty of the state to protect the public from damage, injury, or death shall become the duty of the City of Blair while making use of the state highway system for a special event and the state shall not have any such statutory or common law duty during the time the City of Blair is in control of the property as specified in the notice provided pursuant to LB 5 8 9/N.R. S §39-1359, and; WHEREAS, pursuant to LB 589/N.R.S §39 -1359, thirty (30) days advance written notice of the special event must be provided which specifies the date and time City of Blair will assume control of the identified state highway property, as well as the date and time the City of Blair will relinquish control of such state highway property to the State of Nebraska. In addition, the City of Blair shall to provide beginning and ending locations for the highway closure including sufficient area for the placement of advance warning and /or detour signing, and include sufficient time for the City of Blair to prepare and later clean the property prior to returning possession back to the State of Nebraska, and; WHEREAS, LB 589/N.R.S §39 -1359 dictates that if a special event includes any portion of the State of Nebraska Highway System, the City of Blair shall, if a claim is made against the State of Nebraska, indemnify, defend, and hold harmless the State of Nebraska from all claims, demands, actions, damages, and liability, including reasonable attorney's fees, that may arise as a result of the special event; and NOW, THEREFORE, BE IT RESOLVED that said Community Event known as the Sugarplum Walk and Road Closures referred to hereinabove is hereby adopted. That the governing body of the City of Blair acknowledges and accepts all duties set out in LB 589/N.R.S §39 -1359, subsection (2) and accepts that the City of Blair shall indemnify, defend, and hold harmless the State of Nebraska from all claims, demands, actions, damages, and liability including reasonable attorney's fees, that may arise as a result of the event and such Parade Routes and Road Closures is accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCIL MEMBER KEPHART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHEPARD. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, KEPHART, RYAN, CHRISTIANSEN, JENSEN, HALL AND ANDERSEN VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 27 DAY OF AUGUST, 2013. S REALPH, MA R ATTEST: BRENDA WHEELER, CITY CLERK (SEAL) STATE OF NEBRASKA ) ) ss COUNTY OF WASHINGTON ) 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 at a regular meeting of the Mayor and City Council of said City held on the 27th day of August, 2013. BRENDA WHEELER, CITY CLERK ® ACCORV CERTIFICATE OF L IABILITY INSURANCE DATE (MMIDDrYYYY) 8/28/2013 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(ies) 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 HOWARD D. THOMPSON AGENCY, INC 1712 WASHINGTON STREET BZiAIR, NE. 68008 NAME: P HONE 402- 426 -4107 ., FAX Na : 4 02- 426 -4729 A/C. No. Et E ADDRESS: . INSURER($) AFFORDING COVERAGE NAIC# • • . INSURER A: EMC Insurance Companies LIMITS INSURED Cit17 of Blair 218 S 16th Street Blair, NE 68008 INSURER B INSURER C: INSURER D: INSURER E S :..1 • 0 O O :O O 0 INSURER F : ....: . 0 Q 0 0 0 '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_ POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, .EX CLUSIONS AND CONDITIONS OF SUC POLICIES. LIMITS SHOWN MAY.HAVE.BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADoL INSR $uBR NN POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY.EXP (Mh11DD1YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE . . ' .. S :..1 • 0 O O :O O 0 UAMAU PREMISES . Ea occurrence 0 Q 0 0 0 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one . person) S . : 5 0 0 0 CLAIMS MADE OCCUR PERSONA L &ADVINJURY $ 1' 000 A OX71456 11 -1 °1211 - -13 GENERAL 'AGGREGATE s r:0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG, S. 2 , O O O , O O O Ea a IccideDt I L LIM $ $ 1 , 0 0 0 , 0 00 X POLICY PR O- LOC AUTOMOBILE LIABILITY BODILY INJURY (Per person) S ANYAUTO SCHEDULED 0X71 56. 11- 1 -1211'-1"13 'BODILYINJURy {Peraccident) $ A ALL OWNED AUTOS NO OWNED PROPERTY DAMAGE Per accident $ HIRED AUTOS AUTOS X UMBRELLA LIAB X OCCUR OX71456 11- 1- 1211 -1 -13 EACH. OCCURRENCE 5 4,00 AGGREGATE s 4,000400 A EXCESS LIAR CLAIMS -MADE DED I RETENTIONS $ WORKERS COMPENSATION X TORY T TU O ER A EMPLOYERS' LIABILITY YIN ^ O 11"`1211"1°'1`7 �j E.L.EACHACCIDENT. S 500, A ANY PROPRIETORiPARTNER/EXECUTIVE OFFICEMMEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYE JC S 0 o Q 0 0 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L DISEASE -POLICY LIMIT $ 50 0 0 0 . DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach. ACORD 101, Additional Remarks Schedule, if more space is required) State of Nebraska Department of Roads listed as additional insured on a primary and non- contributory basis. City of Blair agrees to waive its rights of recovery against the State. Waiver of Subrogation in favor of the State of Nebraska is included. CERTIFICATE HULUCK State Of Nebraska SHOULD ANY OF.THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Nebraska Department of Roads THE EXPIRATION DATE THEREOF,. NOTICE WILL BE DELIVERED IN 4435 South 1 08th St. ACCORDANCE WITH THE POLICY PROVISIONS. Omaha, NE 68145 AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD25(2010105) The ACORD name and logo are registered marks of ACORD