2016-09RESOLUTION 2016- 9
COUNCIL -1 L MEMBER HALL INTRODUCED THE FOLLOWING RESOLUTION:
B� IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
BLAIR, (EBRASKA AS FOLLOWS:
Vr�`HEREAS the City of Blair, Nebraska, has been presented with an Indemnity
AgreemeYjt between the City of Blair, Nebraska and Omaha Public Power District for the
installatic of surveillance cameras and recording equipment on poles or other systems owned by
Omaha P -L. blic Power District; and
WHEREAS, the terms and conditions thereof are acceptable to the municipality.
B IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE
CITY Ol BLAIR, NEBRASKA, are hereby authorized to execute and deliver, on behalf of the
City of B. air, Nebraska, any documents that may be necessary for approval of said agreement.
COUNC (J MEMBER HALL MOVED THAT THE RESOLUTION BE ADOPTED AS READ,
WHICH )'AID MOTION WAS SECONDED BY COUNCIL MEMBER ANDERSEN. UPON
ROLL C_ ALL, COUNCIL MEMBERS SHEPARD, WILLIS, WOLFF, ANDERSEN, JENSEN,
AND HE LL VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE
MAYOF DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS
23RD Dl:, Y OF FEBRUARY, 2016.
CITY OF BLAIR, NEBRASKA
soALPH, MAYOR
ATTES 1'
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE (.F NEBRASKA )
ss
COUNT"" i'OF WASHING �'ON )
BREND.WHEELER R hereby certifies that she is the duly appointed, qualified and acting City
Clerk of ie City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a
regular n -.eting of the Mayor and City Council of said City held on the 23rd day of February,
2016.
r r
BRENDA WHEELER, CITY CLERK
INDEMNITY AGREEMENT
WHEREAS, the Omaha Public Power District ("OPPD") operates an
electrical distribution system (the "electric system") that includes poles and
wires located along public streets and right of way in Blair, Nebraska; and,
WIffiREAS, the Blair Police Department ("Police Department"), a
Department of the City of Blair, Nebraska (the "City") is authorized to
provide law enforcement services in the City; and,
VaffiREAS, as a part of its prevention of criminal activity within the
City the Police Department wishes to install and operate an internet protocol
video surveillance system (the "surveillance system") comprised of cameras
and recording equipment providing real time digital video surveillance of
public areas within the City; and,
WHEREAS, the City desires to install cameras for the surveillance
system utilizing City owned facilities as well as the poles, wires, and electric
service of the electric system; and,
WHEREAS, the location and installation of surveillance cameras and
use of the facilities and electric service of OPPD will be determined and
controlled by agreements- entered into and adopted by OPPD and the Police
Department separate from this Indemnity Agreement but operation,
monitoring, and other use of the surveillance system will be under the
exclusive control of the Police Department; and,
WHEREAS, OPPD desires to accommodate the Police Department's
needs in operating the surveillance system to monitor public areas within the
City, and the City and its Police Department desire to avoid exposing OPPD
to any liability or undue expense as a result of the operation or other use of
the surveillance system; and,
MTMREAS, the Police Department and the City represents that the
installation, operation, and use of the surveillance system will not be used in
any way that requires a court order or other legal process and will comply
with all pertinent laws, rules, and regulations and will not infringe upon the
rights of persons subject to the surveillance.
NOW, THEREFORE, in consideration of the foregoing recitals,
which are hereby incorporated into this Agreement, and of OPPD granting
permission to the City and the Police Department to install and operate the
surveillance system on the electric system, the City does hereby expressly
agree to defend, indemnify and hold OPPD and its officials, employees, and
agents forever harmless against any loss, claims, costs (including reasonable
legal fees and litigation expenses), demands, damages, and actions at law or
in equity that may hereafter be made, brought for, or arise from the City's or
Police Department's installation, location, operation, or other use of the
surveillance system.
This Indemnity Agreement shall remain in effect until terminated in
writing by both parties; provided, however, OPPD may require the City to
remove or relocate surveillance equipment from OPPD facilities for safety
or other reasons affecting the operation of the electrical system, as
determined by OPPD in its sole discretion.
DATED this ',?3 day of , 2016.
Blair Police Department, Omaha Public Power District
01- M�7!�Wry
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ff-Vt!1of Police
City of Blair, Nebraska
ifmkealph
Mayor, City of Blair, Nebraska