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RES 2006-0833 - Grant for development of facilities at park at 192nd and W Dodge Rd t;.. of 0N►AHA,,y4,,_ Parks, Recreation & e.:� ,�'s0 F} E C E 16 D Public Property Department z w�t�r j��► k� N Omaha/Douglas Civic Center nobleriialf ca 06 JUL ' `� Pti 2: �J 1819 Farnam Street,Suite 701 s =' `` Omaha,Nebraska Suit 68183-0701 C OAF- Aop - �•�ry f '. .__:•, (402)444-5900 �TFD FEBRV� i'� �' ^'• FAX(402)444-4921 i. City of Omaha ` ' "�' "` Steven Scarpello Mike Fahey,Mayor •. July 25,„ 2006'' Acting Director Honorable President and Members of the City Council: The purpose of the attached Resolution is two fold. First, the Resolution authorizes the City of Omaha to submit an application to the Nebraska Game and Parks Commission for a federal grant, available through the Federal Aid in Sport Fishing Act. The second purpose of this Resolution is to authorize the Mayor to sign any required documents and accept the grant, should it eventually be awarded. The grant requests federal assistance for the costs associated with the initial development of public fishing and boating facilities for the currently un-named city park located at 192nd and West Dodge Road. Specifically, if granted, these funds would be utilized to construct water related recreational improvements for the Dam Site 13 Lake, located within this park. The specific improvements to be provided through this grant will include; deepening of selected portions of the lake bottom and placement of the soil spoils to develop deep water shoals, providing shoreline wind breakwaters, a concrete boat ramp to allow for vehicle launching of watercraft, a floating boat dock and walkway, an enclosure for a portable restroom and a vehicle parking area. These improvements can best be constructed before the lake fills with water, which may occur next year. The total project cost would be $270,000.00. The City's share would be $67,500.00 (25%) with the Federal contribution to be $202,500.00 (75%). Should this grant be approved, the City's share of this project would be paid from the 2000 Park Bond Fund No. 13352, Organization No. 131621, Park and Recreation Culture Bond and Project No. 0807, 192nd and West Dodge Road Lake Development. The Parks, Recreation and Public Property Department anticipates meeting a substantial percentage of its obligation with in-kind services. Respectfully submitted, 'ha ,0 Steven Sca lo, Acting Director Date Parks, Recreation and Public Property Department Approved: Re ►. -d to City Council for Consideration: Oa_ 3 -3-a(.. / 3-3.. 04. Carol A. Ebdon Date Mayor's Office Date Finance Director 3444 P:\PRPP1\6260sap.doc s that each 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 City and Donor shall each act in their individual capacities and not as agents, employees, partners, joint venturers 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. Neither Donor nor City nor any of its personnel, employees, agents, contractors, or servants shall be entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! • State of Nebraska Game and Parks Commission 0 TPi. cl>,\ e", • Federal Aid in Sport Fish Restoration Cooperative Project Agreement Political Subdivision: City of Omaha, Parks, Recreation and Public Property Department CFDA: 15.605 Project/Grant Number: F-170-B-1 Project/Grant Title: Papio Dam Site #13, Motorboat Access Development Project Construction: March 15, 2006 -November 30, 2008 Project Grant Period: March 15, 2006 -November 30,2026 Description of the Project: Develop a new motorboat access facility at the proposed Papio Dam Site #13 know as "West Dodge Park" near 192nd Street and West Dodge Road in Omaha. Project/Grant Cost: Motorboat Access Development Total $270,000.00 CITY $62,500.00 (25%) SFR$202,500.00 (75%) By virtue of authority contained in Sections 13-801 to 13-807 inclusive, Revised Statues of Nebraska, the State of Nebraska, represented by the Nebraska Game and Parks Commission, hereinafter referred to as the Commission,does on this day hereby enter into an agreement with the City of Omaha, Parks, Recreation and Public Property, Omaha Nebraska hereinafter referred to as the Political Subdivision,for the purpose of executing and administering the provisions of the Federal Aid in Sport Fish Restoration Act, hereinafter referred to as the SFR Act, as applicable to agreement of the nature. In Consideration of the covenants of the Political Subdivision as hereinafter set forth,including such project plans, specifications and estimates as may be attached hereto and made a part of this 1 C:\WPDOCS\New Reservoir Construction\Papio Site t3\Pepio 13 Coop Agree.wpd walkway, an enclosure for a portable restroom and a vehicle parking area. These improvements can best be constructed before the lake fills with water, which may occur next year. The total project cost would be $270,000.00. The City's share would be $67,500.00 (25%) with the Federal contribution to be $202,500.00 (75%). Should this grant be approved, the City's share of this project would be paid from the 2000 Park Bond Fund No. 13352, Organization No. 131621, Park and Recreation Culture Bond and Project No. 0807, 192nd and West Dodge Road Lake Development. The Parks, Recreation and Public Property Department anticipates meeting a substantial percentage of its obligation with in-kind services. Respectfully submitted, 'ha ,0 Steven Sca lo, Acting Director Date Parks, Recreation and Public Property Department Approved: Re ►. -d to City Council for Consideration: Oa_ 3 -3-a(.. / 3-3.. 04. Carol A. Ebdon Date Mayor's Office Date Finance Director 3444 P:\PRPP1\6260sap.doc s that each 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 City and Donor shall each act in their individual capacities and not as agents, employees, partners, joint venturers 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. Neither Donor nor City nor any of its personnel, employees, agents, contractors, or servants shall be entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! Federal Aid in Sport Fish Restoration Project Agreement General Provisions Part I-Definitions A. The term"project" means the conditions outlined in the Project Agreement. B. The term"Manual" as used herein means the Federal Aid Manual. C. The term"State" as used herein means the State of Nebraska. D. The term"Commission" as used herein means the Nebraska Game and Parks Commission. E. The term"FWS" as used herein means the U. S.Fish and Wildlife Service,Department of the Interior. F. The term"Fund Assistance"or"Fund"refers to the financial resource created and maintained through authority and operation of the Federal Aid in Sport Fish Restoration Act. Part II-General Conditions A. Duration. The term of this Agreement is for the period identified and date in the Project Period on page(one)of this agreement. B. Separate Entity. This agreement creates no separate legal or administrative entity since none is required to carry out the purposes of this agreement. C. Purpose. The purpose of this agreement shall be to provide for the establishment and administration of a program of assistance and cooperation in the development, management . and operation of the motorboat access facilities at West Dodge Park(Papio Dam Site#13) in Douglas County near Omaha ,Nebraska. D. Funding. This cooperative undertaking shall be funded as identified elsewhere in this agreement. 1. The State hereby agrees to obligate to the Political Subdivision the amount of money specified herein, contingent upon available federal funds, to reimburse the Political Subdivision all appropriate federal funds received for project expenditures. Furthermore, the State will reimburse available federal funds to the Political Subdivision upon receipt of validated requests for payment or project costs as they are incurred;provided that the request for reimbursement is equal to at least$ 20,000.00 total on interim billings. The Political Subdivision agrees to submit properly documented statements of costs for 3 C\WPDOCS\New Reservoir Constnsction\Papio Site I3\Popio 13 Coop Agree.wpd project would be paid from the 2000 Park Bond Fund No. 13352, Organization No. 131621, Park and Recreation Culture Bond and Project No. 0807, 192nd and West Dodge Road Lake Development. The Parks, Recreation and Public Property Department anticipates meeting a substantial percentage of its obligation with in-kind services. Respectfully submitted, 'ha ,0 Steven Sca lo, Acting Director Date Parks, Recreation and Public Property Department Approved: Re ►. -d to City Council for Consideration: Oa_ 3 -3-a(.. / 3-3.. 04. Carol A. Ebdon Date Mayor's Office Date Finance Director 3444 P:\PRPP1\6260sap.doc s that each 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 City and Donor shall each act in their individual capacities and not as agents, employees, partners, joint venturers 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. Neither Donor nor City nor any of its personnel, employees, agents, contractors, or servants shall be entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! (b) Evidence of ownership of the property in the form of a "Title Opinion" or some other evidence of adequate control for the normal life of the facilities. E. Project Termination. The essence of this agreement is a net gain in the quality of public outdoor recreation facilities and resources which shall become available to the citizens of the Political Subdivision and the State through the execution of this agreement. Failure of the Political Subdivision to comply with the terms of this agreement, except as provided herein, shall be cause for termination and suspension of all obligations of the State and Commission hereunder and of any future Federal assistance to the Political Subdivision under the SFR Act. (1) The Commission may temporarily suspend assistance under the project pending corrective action by the Political Subdivision or pending a decision to terminate the grant by the Commission. (2) The Political Subdivision may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified or amended by the Political Subdivision only by mutual agreement. (3) The Commission may terminate the project in whole, or in part, at any time before the date of completion,whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Commission will promptly notify the political Subdivision in writing of the determination and the reasons of the termination together with the effective date. Payments made to the Political Subdivisions under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. (4) The State may terminate grants in whole or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. The Political Subdivision shall not incur new obligation for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The State may allow full credit to the Political Subdivision for the share ofnoncancellable obligations,properly incurred by the grantee prior to termination. (5) Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the Political Subdivision and the Commission or that all funds provided under the SFR Act be returned to the Commission. F. Real Property. The State will not hold the title to the real property in the event of termination of the project or in the event that the project is completed in accord with this agreement. G. Breach of Contract. The Political Subdivision agrees that the benefit to be derived by the State from full compliance by the Political Subdivision with the terms of this agreement is the preservation,protection and a net increase in the quality of public outdoor recreation facilities 5 C:\WPDOCS\New Reservoir Constructioo\Popio Site 13\P pio 13 Coop Agree.xpd entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! Governments) as they relate to the application, acceptance and use of Federal Funds for this federally assisted project. J. Lobbying with Appropriated Funds. Federal Aid in Sport Fish Restoration moneys will be used in conformance with 18 U.S.C. 1913 which states that: "No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by congress, be used directly or indirectly to pay for any personal service, advertisement, telegram,telephone, letter,printed or written matter,or other device,intended or designed to influence in any manner a Member of Congress,whether before or after the instruction of any bill or resolution proposing such legislation or appropriations; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels,requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business." K. Conflict of Interest. 1. No official or employee of the Local,State or Federal Government who is authorized in an official capacity to negotiate, make, accept, approve or take part in any decision regarding a contract or subcontract in connection with this project, shall have any fmancial or other personal interest in any such contract or subcontract. 2. No person performing services for the Local,State or Federal Government in connection with this project shall have a financial or other personal interest other than employment or retention by the Local, State or Federal Government, in any contract or subcontract in connection with this project. No officer or employee of such person retained by the Local, State or Federal Government shall have any financial or other personal interest in any real property acquired for this project unless such interest is openly disclosed. upon the public records of the Political Subdivision, and such officer, employee or person has not participated in the acquisition for or on behalf of the Political Subdivision 3. No member or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit to arise hereupon,unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 4. The Political Subdivision, the State and the Fish and Wildlife Service shall be responsible for enforcing the above conflict of interest provisions. L. Hatch Act. The Political Subdivision will comply with the provisions of the Hatch Act which provides that no officer or employee of the Political Subdivision whose principal employment is in connection with any activity which is financed in whole, or in part pursuant to this agreement, shall take part in any of the political activity proscribed in the Hatch Political Activity Act, 5 U.S.C. Sec. 118K(1964), with the exceptions therein enumerated. 7 C:IWPDOCSWew Reservoir Consu ction'Pepio Site 13'Papio 13 Coop Agreo.wpd rms of this agreement is the preservation,protection and a net increase in the quality of public outdoor recreation facilities 5 C:\WPDOCS\New Reservoir Constructioo\Popio Site 13\P pio 13 Coop Agree.xpd entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! 6. The Political Subdivision will provide and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications;that it will furnish progress and final reports and other such information as the Commission may require. 7. The Political Subdivision will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(P.L. 91-646) 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act has been complied with for property to be developed with assistance under the project agreement. In addition, the Political Subdivision will comply with all State Statutes regarding acquisition of real property and relocation including, but not necessarily limited to, Neb. Rev. Stat. SS 25-2501 through 2506 (Reissue 1985) and Neb. Rev. Stat. SS 76-1201 though 76-1213 (Reissue 1981). 8. The Political Subdivision will comply with the provisions of Executive Order 11988, relating to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control and abatement of water pollution, and Executive Order 11990, relating to the protection of wetlands. 9. The Political Subdivision will comply with all applicable State Statutes regarding acquisition and/or development of flood plains including,but not necessarily limited to, Neb. Rev. Stat. SS 2-1506.01 through 1506.27 (Reissue 1983). 10. The Political Subdivision will comply with the flood insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of 1973, (P.L. 93-234) 87 Stat. 975, approved December 31, 1976. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency Management Agency. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty,`insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 11. The Political Subdivision will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities,pursuant to 40 CFR, Part 15.20 and that it will notify the Commission of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. The Political Subdivision agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970. The Political Subdivision further agrees to insert this clause into any contract or subcontract in excess$100,000.00. 9 C:\WPDOCS\New Reservoir Consttoction\Papio Site 13\Papio 13 Coop Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! • Requirement for Affirmative Action to Ensure Equal Employment Opportunity," including goals which are to be inserted by contracting officer or applicant. (2) "Standard Federal .Equal Employment Opportunity Construction Contract Specification." b. The Political Subdivision shall include the following in construction contracts over $10,000.00: a. Equal Opportunity Clause. b. "Standard Federal Equal Opportunity Construction Contract Specification." c. A Non-Segregated Facilities Certification signed by the prime contractor and subcontractor. c. The Political Subdivision shall provide notice of contract awards subject to these provisions to Director of(OFCCP)the Office of Federal Contract Compliance Program within 10 days after the award(Notice includes name,address and telephone number of contractor,employer identification number,dollar amount of contract,estimated starting and completion dates, contract number and geographic area in which the contract is to be performed). d. The Political Subdivision shall cooperate with the Director of FWS and Director of the OFCCP in the implementation of the program. e. The Political Subdivision shall ensure that EEO posters are displayed in Federally assisted construction sites. f. The Political Subdivision shall ensure that contractors engaged in Federally assisted construction contracts are providing data and reports to the appropriate OFCCP regional office as required or requested. g. The Political Subdivision shall ensure that the provisions of the Equal Opportunity Clause are followed for construction contracts involving force account labor. h. The Political Subdivision shall carry out sanctions and penalties imposed upon the federally assisted construction contractor or subcontractor by the Secretary of Labor pursuant to the Executive Order 11246, as amended, and refrain from entering into any contract subject to this Order,or extension or other modification of such a contract with • a contractor debarred from Government contracts under Executive Order 11246, as amended. i. The Political Subdivision shall incorporate, or cause to be incorporated, into all ' construction contracts exceeding $10,000.00 the following provisions: "During the performance of this contract, the contractor agrees as follows: 11 C:\WPDOCSWew Reservoir Conswction\Pepio Site 13\Papio 13 Coop Agree.wpd hip, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities,pursuant to 40 CFR, Part 15.20 and that it will notify the Commission of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. The Political Subdivision agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970. The Political Subdivision further agrees to insert this clause into any contract or subcontract in excess$100,000.00. 9 C:\WPDOCS\New Reservoir Consttoction\Papio Site 13\Papio 13 Coop Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the United States to enter into such litigation to protect the interests of the United States." P. The Political Subdivision shall: (1) comply with the above provisions in construction work carried out by itself,(2)assist and cooperate actively with the Secretary of the Interior and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the above contract provisions and with the rules,regulations and relevant orders of the Secretary of Labor, (3) obtain and furnish to the Secretary of the Interior and to the Secretary of Labor such information as they may require for the supervision of such compliance, (4) enforce the obligations of contractors and subcontractors under such provisions, rules, regulations and orders, (5) carry out sanctions and penalties for violation or such obligations imposed upon contractors and subcontractors by the Secretary of Labor or the Secretary of the Interior pursuant to Part II,Subpart D,of Executive order No. 11246,as amended,and(6)refrain from entering into any contract with a contractors debarred from Government contracts under Part II, Subpart D, of Executive Order No. 11246, as amended. In addition, the Political Subdivision agrees that if it fails or refuses to comply with these requirements,the State may take any or all of the following actions: Cancel,terminate or suspend in whole or in part this grant; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Depailiiient of Justice for appropriate legal proceedings. Q. The Political Subdivision shall comply with Executive Order 12432, Minority Business Enterprise Development by: a. Placing minority business firms on bidder's mailing lists. b. Soliciting these firms whenever they are potential sources of supplies, equipment, construction or services. c. Where feasible, dividing total requirements into smaller needs, and setting delivery schedules that will encourage participation by these firms. d. Using the assistance of the Minority Business Development Agency of the Depat talent. of Commerce, the Small Business Administration, the Office of Small and Disadvantaged Business Utilization, Depat tiiient of the Interior (DOI), the Business Utilization and Development specialists who reside in each DOI bureau and office and 13 C:\WPDOCSWew Reservoir Construction\Popio Site 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! State of Nebraska Game and Parks Commission zdCal 411Yri ORN Federal Aid in Sport Fish Restoration Cooperative Project Agreement Political Subdivision: City of Omaha, Parks, Recreation and Public Property Department CFDA: 15.605 Project/Grant Number: F-170 B'-1 - --- i Project/Grant Title: Papio Dam Site#13, Motorboat Access Development p 1 N 1 Project Construction: March'15, 2006 -November 30,2008 ``! j�1 Project Grant Period: March 15,2006 -November30;2026 Description of the Project: Develop a new motorboat access facility at the proposed Papio Dam Site#13 near 192"d Street and West Dodge Road in Omaha. Project/Grant Cost: Motorboat Access Development Total $270,000.00 CITY$62,500.00 (25%) SFR$202,500.00 (75%) By virtue of authority contained in Sections 13-801 to 13-807 inclusive, Revised Statues of Nebraska, the State of Nebraska, represented by the Nebraska Game and Parks Commission, hereinafter referred to as the Commission,does on this day hereby enter into an agreement with the City of Omaha,Parks,Recreation and Public Property,Omaha Nebraska hereinafter referred to as the Political Subdivision, for the purpose of executing and administering the provisions of the Federal Aid in Sport Fish Restoration Act, hereinafter referred to as the SFR Act, as applicable to agreement of the nature. In Consideration of the covenants of the Political Subdivision as hereinafter set forth,including such project plans, specifications and estimates as may be attached hereto and made a part of this 1 C\Docummts and Settings1pkrInaocal Settings\Ternporary Internet Flcs\OLK2\Papio 13 Coop Agreewpd tractors debarred from Government contracts under Part II, Subpart D, of Executive Order No. 11246, as amended. In addition, the Political Subdivision agrees that if it fails or refuses to comply with these requirements,the State may take any or all of the following actions: Cancel,terminate or suspend in whole or in part this grant; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Depailiiient of Justice for appropriate legal proceedings. Q. The Political Subdivision shall comply with Executive Order 12432, Minority Business Enterprise Development by: a. Placing minority business firms on bidder's mailing lists. b. Soliciting these firms whenever they are potential sources of supplies, equipment, construction or services. c. Where feasible, dividing total requirements into smaller needs, and setting delivery schedules that will encourage participation by these firms. d. Using the assistance of the Minority Business Development Agency of the Depat talent. of Commerce, the Small Business Administration, the Office of Small and Disadvantaged Business Utilization, Depat tiiient of the Interior (DOI), the Business Utilization and Development specialists who reside in each DOI bureau and office and 13 C:\WPDOCSWew Reservoir Construction\Popio Site 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! agreement, the Commission hereby agrees to obligate to the Political Subdivision the amount of money specified herein, contingent upon federal funds available, to reimburse the Political Subdivision all appropriate federal funds received for project expenditures. The Political Subdivision agrees to execute the project stage as set forth herein in a timely and businesslike manner for the purposes intended and in accord with the following terms, conditions, and covenants: Special Project Terms and Provisions The City of Omaha,Parks Recreation and Public Property will operate the recreation facilities open to the general public for recreational fishing and boating. The City Of Omaha will allow the use of internal combustion engines on boats and shall restrict their usage only with boating speed. The City of Omaha shall control aquatic vegetation,when necessary,to ensure boat access and recreational fishing opportunities. Should for whatever reason,the City of Omaha transfer,sell,lease or sublease the recreation area and lake, the above terms and provisions shall apply. The Nebraska Game and Parks Commission shall not be held liable for default or breach of this agreement should the Political Subdivision sublease, contract or lease this recreation facility. In Witness whereof,the parties hereto have executed this agreement as of the date entered on thefirst page hereof and the covenants herein shall extend to and be binding upon the successors of the parties to this agreement. --__ — \ �_.. \`__ _State ofNebraska \ �_ J Game and Parks Commission By: Date: Nebraska Game and Parks Commission Political Subdivision (City of Omaha) Mike Fahey Date: ça4 By: ` Title: Mayor Si e APP; AS nQR V;44/ 2 C:\Docommts and Setings'plalnflLocal Settings\Tanporary interne Flies\Ol.K2\Papio 13 Coop��opd r ASSISTANT CITY ATTORNEY ls or refuses to comply with these requirements,the State may take any or all of the following actions: Cancel,terminate or suspend in whole or in part this grant; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Depailiiient of Justice for appropriate legal proceedings. Q. The Political Subdivision shall comply with Executive Order 12432, Minority Business Enterprise Development by: a. Placing minority business firms on bidder's mailing lists. b. Soliciting these firms whenever they are potential sources of supplies, equipment, construction or services. c. Where feasible, dividing total requirements into smaller needs, and setting delivery schedules that will encourage participation by these firms. d. Using the assistance of the Minority Business Development Agency of the Depat talent. of Commerce, the Small Business Administration, the Office of Small and Disadvantaged Business Utilization, Depat tiiient of the Interior (DOI), the Business Utilization and Development specialists who reside in each DOI bureau and office and 13 C:\WPDOCSWew Reservoir Construction\Popio Site 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! Federal Aid in Sport Fish Restoration Project Agreement General Provisions Part I-Definitions A. The term "project"means the conditions outlined in the Project Agreement. B. The term "Manual" as used herein means the Federal Aid Manual. C. The term "State" as used herein means the State of Nebraska. D. The term "Commission" as used herein means the Nebraska Game and Parks Commission. E. The term"FWS"as used herein means the U. S.Fish and Wildlife Service,Department of the Interior. - - -- ,. FL. The term"Fund Assistance"-or Fund1,refers to the financial resource created-and maintained , gauthority and operation of the Federal in Spor4 Fish Restoration Act. Ithrou h - -'-_-- I, '� ,, Part II - General Conditions '\ti I ? A. Duration. The term of thisAgreeme nt is for the per-J, iod identified and date in the Project Period on page(one) of this agreement l B. Separate Entity. This agreement creates no separate legal or administrative entity since none is required to carry out the purposes of this agreement. C. Purpose. The purpose of this agreement shall be to provide for the establishment and administration of a program of assistance and cooperation in the development, management and operation of the motorboat access facilities at Papio Dam Site#13(to be renamed later) in Douglas County near Omaha ,Nebraska. D. Funding. This cooperative undertaking shall be funded as identified elsewhere in this agreement. 1. The State hereby agrees to obligate to the Political Subdivision the amount of money specified herein, contingent upon available federal funds, to reimburse the Political Subdivision all appropriate federal funds received for project expenditures. Furthermore, the State will reimburse available federal funds to the Political Subdivision upon receipt of validated requests for payment or project costs as they are incurred;provided that the request for reimbursement is equal to at least$20,000.00 total on interim billings. 3 C:1Documa is and ScningslplalnflLocal Scttings\Tooporary Internet Filp10LK21Papio 13 Coop Agrcc.wpd ure or refusal occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Depailiiient of Justice for appropriate legal proceedings. Q. The Political Subdivision shall comply with Executive Order 12432, Minority Business Enterprise Development by: a. Placing minority business firms on bidder's mailing lists. b. Soliciting these firms whenever they are potential sources of supplies, equipment, construction or services. c. Where feasible, dividing total requirements into smaller needs, and setting delivery schedules that will encourage participation by these firms. d. Using the assistance of the Minority Business Development Agency of the Depat talent. of Commerce, the Small Business Administration, the Office of Small and Disadvantaged Business Utilization, Depat tiiient of the Interior (DOI), the Business Utilization and Development specialists who reside in each DOI bureau and office and 13 C:\WPDOCSWew Reservoir Construction\Popio Site 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! The Political Subdivision agrees to submit properly documented statements of costs for which grant funds are sought for approved grant activities on a form which will be supplied by the Commission. Proper documentation shall be considered to be original invoices containing the name, address and social security number or federal tax identification number of the vendor; and an itemized list of services or goods with costs and the date of service or delivery. These statements and reports shall be signed by the authorized representative of the Political Subdivision. 2. The Political subdivision shall budget for their share of the costs and provide a copy of a resolution,motion or similar action duly adopted by the governing body of the Political Subdivision which states the following in part: (a) that it has the intention and ability to finance its share of the cost of the project. (b) that designates a person as the official representative of the Political Subdivision to act in connection with the project proposed under this agreement. (c) that it agrees to operate and maintain, at its sole expense, or cause to be operated and maintained, the property or facilities acquired or developed pursuant to this agreement in the mannerand according to the standards set forth-in the Manual, including, but not necessarily limited to the following: (1) The.property' shall be maintained so as to appear attractive and inviting to the public. E \ / - (2) Sanitation\and sanitary,facilities\shall be maintained in accordance with lapplicable State_and_local public health,standards. (3) Reasonable precautions will be taken for public safety which are commensurate with the use and objectives of the property and facilities developed under this project agreement. (4) Buildings,roads,trails and other structures and improvements shall be kept in reasonable repair so as to prevent undue deterioration and to encourage public use. (5) The facility shall be kept open for public use at reasonable hours and times of the year, according to the type of area or facility. User fees will not be charged. (6) The project area will be posted with informational signs acknowledging the financial assistance received from the State and FWS as provided by the Commission. 3. The Political Subdivision further agrees to provide the State with: 4 C:\Documents and SeningslpkrInllLocal Settings\Temporary Interne Filcs`OLICi\Papio 13 Coop Agee.wpd a. Placing minority business firms on bidder's mailing lists. b. Soliciting these firms whenever they are potential sources of supplies, equipment, construction or services. c. Where feasible, dividing total requirements into smaller needs, and setting delivery schedules that will encourage participation by these firms. d. Using the assistance of the Minority Business Development Agency of the Depat talent. of Commerce, the Small Business Administration, the Office of Small and Disadvantaged Business Utilization, Depat tiiient of the Interior (DOI), the Business Utilization and Development specialists who reside in each DOI bureau and office and 13 C:\WPDOCSWew Reservoir Construction\Popio Site 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! (a) A project boundary map which includes the area to be developed under the project. (b) Evidence of ownership of the property in the form of a "Title Opinion" or some other evidence of adequate control for the normal life of the facilities. E. Project Termination. The essence of this agreement is a net gain in the quality of public outdoor recreation facilities and resources which shall become available to the citizens of the Political Subdivision and the State through the execution of this agreement. Failure of the Political Subdivision to comply with the terms of this agreement, except as provided herein, shall be cause for termination and suspension of all obligations of the State and Commission hereunder and of any future Federal assistance to the Political Subdivision under the SFR Act. (1) The Commission may temporarily suspend assistance under the project pending corrective action by the Political Subdivision or pending a decision to terminate the grant by the Commission. (2) The Political Subdivision may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified or amended by the Political Subdivision only by mutual agreement. (3) The Commission may terminate the project in whole; or in part, at any time before the date of completion,whenever it is determined that the:grantee has failed to comply with the conditions of the 'grant. The Commission will promptly notify the political Subdivision in writing of the determination and the reasons of the termination together with the effective date. Payments made to the Political Subdivisions under projects terminated for cause shall be inraccord with the legal rights and liabilities of the parties. (4) The State may terminate grants in whole or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. The Political Subdivision shall not incur new obligation for the terminated portion after the effective date,and shall cancel as many outstanding obligations as possible. The State may allow full credit to the Political Subdivision for the share of noncancellable obligations,properly incurred by the grantee prior to termination. (5) Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the Political Subdivision and the Commission or that all funds provided under the SFR Act be returned to the Commission. F. Real Property. The State will not hold the title to the real property in the event of termination of the project or in the event that the project is completed in accord with this agreement. 5 C:\Doc mrnts and Settings\plaint\Local Saungs\Temporary Intana Files\OLK2\papio 13 Coop Aga.wpd advantaged Business Utilization, Depat tiiient of the Interior (DOI), the Business Utilization and Development specialists who reside in each DOI bureau and office and 13 C:\WPDOCSWew Reservoir Construction\Popio Site 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! G. Breach of Contract. The Political Subdivision agrees that the benefit to be derived by the State from full compliance by the Political Subdivision with the terms of this agreement is the preservation,protection and a net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the Political Subdivision and of the State. Such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Fund assistance under the terms of this agreement,therefore, the Political Subdivision agrees that payment by the political Subdivision to the State of an amount equal to the amount of assistance extended under this agreement by the State would be inadequate compensation to the State for any breach by the Political Subdivision of this agreement. The Political Subdivision further agrees,therefore,that the appropriate remedy in the event of a breach by the Political Subdivision of this agreement shall be the specific performance of this agreement. H. Nondiscrimination. 1. The Political Subdivision shall comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352)and all requirements imposed by or pursuant to the Department of Interior Regulation(43 CFR 17)issued pursuant to that title,to the end that,in accordance with Title VI of that act,no person in the United States shall,on the grounds of race,religion, color,national origin,age,sex or handicap be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination in the use of any property or facility acquired or developed pursuant to the project agreement. The political Subdivision shall immediately take any measures necessary to effectuate this provision. This assurance shall be binding on the Political Subdivision to which fund assistance or property acquired or,developed,with fund assistance has been transferred for public --- recreation purposes. `,. 11 2. The Political Subdivision shall comply with Title VI of the Civil Rights Act of 1964(42 U.S.C. 2000d)prohibiting employment discrimination where: (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefitting from the grant-aided activity. 3. The Political Subdivision shall comply with the regulations and guidelines promulgated pursuant to the Civil Rights Act of 1964 by the Secretary of the Interior and the Fish and Wildlife Service. 4. The provisions of the first three paragraphs apply to any part of the recreation system within which the assisted property or facilities exist. 5. The Political Subdivision shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fee may be maintained on the basis of residence as set forth in the Manual. I. Applicable Federal Circulars. The Political Subdivision shall comply with applicable 6 C:\Docamans and Settings\pkrInflLocal Settings\Temporary Internet Files\OLK2\Papio 13 Coop Agroexpd he Business Utilization and Development specialists who reside in each DOI bureau and office and 13 C:\WPDOCSWew Reservoir Construction\Popio Site 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! regulations,policies,guidelines and requirements including Office of Management and Budget Circulars A-102 (Uniform administrative requirements for grants-in-aid to State and local governments),A-133 (Audits of State and Local Governments,and Non Profit Organizations) and A-87 (Cost principles applicable to grants and contracts with State and Local Governments) as they relate to the application, acceptance and use of Federal Funds for this federally assisted project. J. Lobbying with Appropriated Funds. Federal Aid in Sport Fish Restoration moneys will be used in conformance with 18 U.S.C. 1913 which states that: "No part of the money appropriated by any enactment of Congress shall, in the absence of express authorization by congress, be used directly or indirectly to pay for any personal service, advertisement, telegram,telephone,letter,printed or written matter, or other device, intended or designed to influence in any manner a Member of Congress,whether before or after the instruction of any bill or resolution proposing such legislation or appropriations; but this shall not prevent officers or employees of the United States or of its departments or agencies from communicating to Members of Congress on the request of any Member or to Congress, through the proper official channels,requests for legislation or appropriations which they deem necessary for the efficient conduct of the public business." K. Conflict of Interest. 1. No official or employee of the Local,State or Federal Government who is authorized in an official capacity to 'negotiate, make, accept, approve or take part in any decision regarding a contract or subcontract in connection with this project, shall have any financial or other personal,interest in any such contract or subcontract. 2.. _ No person performing services for the Local,State or Federal Government in connection with this project shall have a financial or other personal interest other than employment or retention by the Local, State or Federal Government,in any contract or subcontract in connection with this project. No officer or employee of such person retained by the Local, State or Federal Government shall have any financial or other personal interest in any real property acquired for this project unless such interest is openly disclosed upon the public records of the Political Subdivision,and such officer,employee or person has not participated in the acquisition for or on behalf of the Political Subdivision 3. No member or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit to arise hereupon, unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 4. The Political Subdivision, the State and the Fish and Wildlife Service shall be responsible for enforcing the above conflict of interest provisions. L. Hatch Act. The Political Subdivision will comply with the provisions of the Hatch Act which provides that no officer or employee of the Political Subdivision whose principal employment is in connection with any activity which is financed in whole, or in part pursuant to this 7 CADocomrnts and Settings\pkrinALocal Senings\Temporary Internet FilcsOOLK2\Fapio 13 Coop Agree wpd Reservoir Construction\Popio Site 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! agreement, shall take part in any of the political activity proscribed in the Hatch Political Activity Act, 5 U.S.C. Sec. 118K(1964),with the exceptions therein enumerated. M. Retention and Custodial Requirements for Records. 1. Financial records, supporting documents, statistical records, and all other records pertinent to this agreement shall be retained for a period of three years;except the records shall be retained beyond the three-year period if audit findings have not been resolved. 2. The retention period starts from the date of the final financial status report for the project. 3. The Political Subdivision is authorized to substitute microfilm copies in lieu of original records. 4. The Commission,the Secretary of the Interior,and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, paper and records of the Political Subdivision which are pertinent to this project for the purpose of making audit, examination excerpts and transcripts. N. Project Execution. --—� 1. The development period shall begin with the date entered on page one(1)of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended_project_period unless the project is completed or terminated sooner, in which event the project period shall end on the date of completion or termination. 2. The Political Subdivision will cause work on the project to be commenced within a reasonable time after receipt of notification that funds have been approved and assure that the project will be completed with reasonable diligence. 3. The Political Subdivision will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (P.L. 90-480) and Section 504 of the Rehabilitation Act of 1973(43 CFR 17),and with all State Statutes regarding handicapped accessibility, including,but not limited to,Nebraska Revised Statutes 1943,Reissue of 1976,Sections 72-1101 through 72-1124. The Political Subdivision will be responsible for conducting • inspections to ensure compliance with these specifications by the contractor, or self compliance in the event of force account construction projects. 4. The Political Subdivision shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Federal, State and local laws and regulations. 8 CA3ocuma is and Scttingsipkrlafltocal Senings\romporary Infant Files\OLK2\Papio 13 Coop Agrce.wpd e hereupon, unless such benefit shall be in the form of an agreement made with a corporation for its general benefit. 4. The Political Subdivision, the State and the Fish and Wildlife Service shall be responsible for enforcing the above conflict of interest provisions. L. Hatch Act. The Political Subdivision will comply with the provisions of the Hatch Act which provides that no officer or employee of the Political Subdivision whose principal employment is in connection with any activity which is financed in whole, or in part pursuant to this 7 CADocomrnts and Settings\pkrinALocal Senings\Temporary Internet FilcsOOLK2\Fapio 13 Coop Agree wpd Reservoir Construction\Popio Site 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! 5. In the event the project covered by the project agreement cannot be competed in accordance with the plans and specifications for the project, the Political Subdivision shall bring the project to a point of recreational usefulness agreed upon by the Political Subdivision and the Commission. 6. The Political Subdivision will provide and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications; that it will furnish progress and final reports and other such information as the Commission may require. 7. The Political Subdivision will comply with the terms of Title II and Title III,the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970(P.L.91-646) 94 Stat. 1894(1970),and the applicable regulations and procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act has been complied with for property to be developed with assistance under the project agreement. In addition, the Political Subdivision will comply with all State Statutes regarding acquisition of real property and relocation including, but not necessarily limited to,Neb.Rev. Stat. SS 25-2501 through 2506(Reissue 1985)and Neb.Rev. Stat. SS 76-1201 though 76-1 1 (Reissue4981). • - 8. The Political Subdivision will comply with the provisions of Executive Order 11988, relating to evaluation'of,flood hazards; Executive Order 11288, relating to the prevention, control and abatement of water pollution, and Executive Order 11990, relating to the protection'of wetlands. �� 9. The Political Subdivision will comply with all applicable State Statutes regarding acquisition and/or development of flood plains including,but not necessarily limited to, Neb. Rev. Stat. SS 2-1506.01 through 1506.27 (Reissue 1983). 10. The Political Subdivision will comply with the flood insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of 1973, (P.L. 93-234) 87 Stat. 975, approved December 31, 1976. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt ofFederal financial assistance for construction or acquisitionpurposes for use in any any q area that has been identified as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency Management Agency. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment,rebate,subsidy,disaster assistance loan or grant,or any other form of direct or indirect Federal assistance. 11. The Political Subdivision will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities,pursuant to 40 CFR, Part 15.20 and that it will notify the Commission of the receipt of any 9 C:\Documents and SettingslptalntlLocal Soltings\Temporary Internet Files\OLK2\papio 13 Coop Agree wpd gs\Temporary Internet FilcsOOLK2\Fapio 13 Coop Agree wpd Reservoir Construction\Popio Site 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! communication from the Director of the EPA Office of Federal Activities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. The Political Subdivision agrees to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act of 1970. The Political Subdivision further agrees to insert this clause into any contract or subcontract in excess $100,000.00. 12. In accord with Section 106 or the National Historic Preservation Act and its implementing regulations 36 CFR 800,the Political Subdivision agrees to stop all work and to notify the Nebraska Game and Parks Commission and the State Historic Preservation Officer,Nebraska State Historical Society in the event that archeological remains are uncovered during the process of project construction. The Political Subdivision further agrees to defer all work until such time that the Nebraska State Historical Society has inspected the site and has authorized work activities to resume. O. Construction Contracts. 1. Contracts for construction in excess of$10,000.00 shall be awarded through a process of competitive bidding involving formal advertising,with adequate purchase description, sealed bids, and public openings. Copies of all advertisements, bids and a copy of the contract shall be retained for inspection by the Commission. In the event that State and local laws require competitive bidding on contracts in amounts of less than$10,000.00, the lower amount shallgovern. 2. The Political Subdivision shall inform all bidders on contracts for construction that - Federal and/or State funds are being used to assist in construction. 3. Written change orders shall be issued for all necessary changes in the facility being constructed under contract. Such change orders shall be submitted to the Commission for approval and shall be made a part of the project file and be kept available for audit. 4. Contracts for construction shall include a provision for compliance with the Copeland "Anti-kickback" Act (18 U.S.C. 874) as supplemented by Department of Labor regulations (29 CFR,Part 3). 5. The Political Subdivision will comply with other procurement standards of OMB Circular A-102 Attachment 0, except for provisions related to compliance with Davis-Bacon Act requirements (unless required by a program providing supplemental funding). Should supplemental funding be provided which requires compliance with Davis-Bacon Act requirements all construction contracts awarded by the Political Subdivision in excess of$2,000.00 shall include a provision for compliance with such Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR, Part 5). 6. The Political Subdivision shall comply with Executive Order 11246, as amended, 10 C:\Documans and Settings\plvinl\1 oca1 Setl ngs\Temporary Internet Files\OLK2\Papio 13 Coop Agree wad the Environmental Protection Agency's(EPA)list of Violating Facilities,pursuant to 40 CFR, Part 15.20 and that it will notify the Commission of the receipt of any 9 C:\Documents and SettingslptalntlLocal Soltings\Temporary Internet Files\OLK2\papio 13 Coop Agree wpd gs\Temporary Internet FilcsOOLK2\Fapio 13 Coop Agree wpd Reservoir Construction\Popio Site 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! regarding equal opportunity for all persons without regard to race,color,religion,sex or national origin, employed or seeking employment with contractors performing under federally assisted construction contracts. In addition to Executive Order 11246, the following specific requirements shall be carried out by the Political Subdivision: a. The Political Subdivision shall include the following in solicitation for offers and bids on federally assisted construction contracts over $10,000.00: (1) "Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity," including goals which are to be inserted by contracting officer or applicant. (2) "Standard Federal Equal Employment Opportunity Construction Contract Specification." b. The Political Subdivision shall include the following in construction contracts over $10,000.00: a. Equal Opportunity Clause. b. "Standard Federal Equal Opportunity Construction Contract Specification." c. Non-Segregated Facilities-Certification signed-by the prime contractor-and r 'subcontractor., c. The Political Subdivision,shall provide,\notice of contract-awards subject to these provisions to Director of(OFCCP)the Office of Federal Contract Compliance Program within 10 days after the award(Notice includes name,address and telephone number of contractor,;employer identification number,dollar amount of contract,estimated starting and completion dates, contraet number and geographc_area in which the contract is to be performed). d. The Political Subdivision shall cooperate with the Director of FWS and Director of the OFCCP in the implementation of the program. e. The Political Subdivision shall ensure that EEO posters are displayed in Federally assisted construction sites. f. The Political Subdivision shall ensure that contractors engaged in Federally assisted construction contracts are providing data and reports to the appropriate OFCCP regional office as required or requested. g. The Political Subdivision shall ensure that the provisions of the Equal Opportunity Clause are followed for construction contracts involving force account labor. h. The Political Subdivision shall carry out sanctions and penalties imposed upon the federally assisted construction contractor or subcontractor by the Secretary of Labor pursuant to the Executive Order 11246, as amended, and refrain from entering into any 11 CADocumrnts and Settings 1ptrini\Local Settings\Tetnporary Intanot Filcs\OLK2\Papio 13 Coop Agree.wpd cal Subdivision in excess of$2,000.00 shall include a provision for compliance with such Act (40 U.S.C. 276a to a-7) as supplemented by Department of Labor regulations (29 CFR, Part 5). 6. The Political Subdivision shall comply with Executive Order 11246, as amended, 10 C:\Documans and Settings\plvinl\1 oca1 Setl ngs\Temporary Internet Files\OLK2\Papio 13 Coop Agree wad the Environmental Protection Agency's(EPA)list of Violating Facilities,pursuant to 40 CFR, Part 15.20 and that it will notify the Commission of the receipt of any 9 C:\Documents and SettingslptalntlLocal Soltings\Temporary Internet Files\OLK2\papio 13 Coop Agree wpd gs\Temporary Internet FilcsOOLK2\Fapio 13 Coop Agree wpd Reservoir Construction\Popio Site 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! contract subject to this Order,or extension or other modification of such a contract with a contractor debarred from Government contracts under Executive Order 11246, as amended. i. The Political Subdivision shall incorporate, or cause to be incorporated, into all construction contracts exceeding$10,000.00 the following provisions: "During the performance of this contract,the contractor agrees as follows: (1) "The contractor will not discriminate against any employee or applicant for employment because of race,religion,color, sex or national origin The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race,creed,color, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation,and selection for training,including apprenticeship.The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause." (2) "The contractor will state, in,all solicitations or advertisements for employees placed by or on behalf or the contractor,that all qualified applications will receive consideration for employment without regard to race religion,color,sex or national origin." \ • (3) ""The contractor will send to each labor union or representative or workers with which he has a collective bargaining agreement or other contract of understanding, a notice,to be provided by the agency contracting officer advising the labor union or workers' representative of the contract's commitments under Section 202 of Executive Order No. 11246,as amended(3 CFR 169(1974)),and shall post copies of notices in conspicuous places available to employees and applicants for employment." (4) "The contractor will comply with all provisions of Executive Order No. 11246,as amended,and the rules,regulations and relevant orders of the Secretary of Labor." (5) "The contractor will furnish all information and reports required by Executive Order No. 11246, as amended, and by the rules, regulations and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books,records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulation and orders." (6) "In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules,regulations or orders,this contract 12 C:\Documads and sdtingApkrineI ocal Settings\Tcmporary Intand Files\OLK2\Papio 13 Coop Are.wpd net Files\OLK2\Papio 13 Coop Agree wad the Environmental Protection Agency's(EPA)list of Violating Facilities,pursuant to 40 CFR, Part 15.20 and that it will notify the Commission of the receipt of any 9 C:\Documents and SettingslptalntlLocal Soltings\Temporary Internet Files\OLK2\papio 13 Coop Agree wpd gs\Temporary Internet FilcsOOLK2\Fapio 13 Coop Agree wpd Reservoir Construction\Popio Site 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246, amended, and such other sanctions may be imposed and remedies invoked provided in Executive Order No. 11246, as amended, or by rules,regulations order of the Secretary of Labor, or as otherwise provided by law." (7) "The contractor will include the provisions of Paragraphs (1)through(7)in every subcontract or purchase order unless exempted by rules,regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions,including sanctions for non-compliance. Provided,however,that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency,the contractor may request the United States to enter into such litigation to protect the interests of the United States." P. The Political Subdivision shall: (1) comply with the above provisions in construction work carried out by itself,(2)assist and cooperate actively with the Secretary of the Interior and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the above contract provisions and with the rules,regulations and relevant orders of the Secretary of Labor, (3) obtain and furnish to the Secretary of the Interior and to the Secretary of Labor such information as they may require for the supervision of such compliance, (4) enforce the obligations of contractors and subcontractors under such provisions, rules, regulations and orders, (5) carry.out-sanctions.and-penalties for violation or such obligations imposed upon contractors and subcontractors by the Secretary of Labor or the Secretary of the Interior pursuant to Part II,Subpart D,of Executive order No. 11246,as amended,and(6)refrain from entering into any contract with a contractors debarred from Government contracts under Part II, Subpart D, of Executive Order No. 11246, as amended. In addition, the Political Subdivision agrees that if it fails or refuses to comply with these requirements,the State may take any or all of the following actions: Cancel, terminate or suspend in whole or in part this grant; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Depaitalent of Justice for appropriate legal proceedings. Q. The Political Subdivision shall comply with Executive Order 12432, Minority Business Enterprise Development by: a. Placing minority business firms on bidder's mailing lists. b. Soliciting these firms whenever they are potential sources of supplies, equipment, construction or services. 13 C:\Docanmts and Senings\pkrinfU.ocal Scnings\Tanporary Internet Files\OLK2\Papio 13 Coop Agree.wpd e 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! c. Where feasible, dividing total requirements into smaller needs, and setting delivery schedules that will encourage participation by these firms. d. Using the assistance of the Minority Business Development Agency of the Department of Commerce, the Small Business Administration, the Office of Small and Disadvantaged Business Utilization, Department of the Interior (DOI), the Business Utilization and Development specialists who reside in each DOI bureau and office and similar State and local offices where they exist. e. Reporting quarterly on all active projects approved after September 30, 1984 which involve$500,000.00 or more in Fund assistance(except for acquisition projects). Such reports will be submitted on a DI-1925 (Attachment A) to the FWS Office. The first report will be submitted prior to the commencement of any construction. R. Project Administration. 1. The Political Subdivision shall promptly submit such reports and documentation as the Commission may request. 2. Properties and facilities acquired or developed with Federal assistance shall be available - for inspection by the Commission and/or the FWS at zany time. 3. The Political Subdivision may use any generally accepted accounting system,provided such system meets the minimum requirements set forth in the Manual and supplemental instructions which maybe issued by the Commission. 4. Anydeviations, which result a change `of project scope or shall im g P objectives, be submitted for prior approval: 5. The acquisition cost of real property shall be based upon value determined by a licensed appraiser. The reports of such appraisers shall be submitted to the Commission for approval. 6. All development plans and specifications shall be submitted for approval by the Commission prior to commencement of any site preparation or construction and no such site preparation or construction may be undertaken until so approved. Such plans and specifications must be prepared by an architect or engineer that is registered in the State of Nebraska. When approved, development plans and specifications will become part of this project agreement and execution of the project must be in accord with the approved plans and specifications. S. A final inspection will be made and a final performance report prepared by the Commission prior to making final payment to the Political Subdivision. T. It is expressly agreed that upon the completion of this project,the Political Subdivision, City of Omaha will operate and maintain the completed facilities for a period of at least 20 years. A boat ramp user fee will not be charged. 14 C:IDocumems and Settings\pkrlaf\Local Satings\Tanporary Inland Files\OLK2\Papio 13 Coop Agree.wpd aitalent of Justice for appropriate legal proceedings. Q. The Political Subdivision shall comply with Executive Order 12432, Minority Business Enterprise Development by: a. Placing minority business firms on bidder's mailing lists. b. Soliciting these firms whenever they are potential sources of supplies, equipment, construction or services. 13 C:\Docanmts and Senings\pkrinfU.ocal Scnings\Tanporary Internet Files\OLK2\Papio 13 Coop Agree.wpd e 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! G25A. CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha is applying for federal assistance from the Nebraska Game and Parks Commission for a federal grant, available through the Federal Aid in Sport Fishing Act; and, WHEREAS, this grant being applied for requests federal assistance for the costs associated with the initial development of public fishing and boating facilities for the currently un-named city park located at 192nd and West Dodge Road; and, WHEREAS, this Resolution would authorized the.Mayor to sign the application for federal assistance and any other documents that are necessary to obtain such assistance; and, WHEREAS,the federal grant would be in the amount of$202,500.00; and, WHEREAS, the project cost would be $270,000.00 with the City's share being $67,500.00 from the 2000 Park Bond Fund; and, WHEREAS, the Parks, Recreation and Public Property Department anticipates that a substantial percentage of the City's obligation would be met with in-kind services; and, WHEREAS, the City will comply with all rules and regulations of the Nebraska Game and Parks Commission, applicable Executive Orders and all state laws that govern the grant application during the performance of the project; and, WHEREAS, approval of this grant application is in the best interest of the citizens of the City of Omaha. WHEREAS, the Mayor has recommended approval of this grant application. By Councilmember Adopted City Clerk Approved Mayor e submitted for prior approval: 5. The acquisition cost of real property shall be based upon value determined by a licensed appraiser. The reports of such appraisers shall be submitted to the Commission for approval. 6. All development plans and specifications shall be submitted for approval by the Commission prior to commencement of any site preparation or construction and no such site preparation or construction may be undertaken until so approved. Such plans and specifications must be prepared by an architect or engineer that is registered in the State of Nebraska. When approved, development plans and specifications will become part of this project agreement and execution of the project must be in accord with the approved plans and specifications. S. A final inspection will be made and a final performance report prepared by the Commission prior to making final payment to the Political Subdivision. T. It is expressly agreed that upon the completion of this project,the Political Subdivision, City of Omaha will operate and maintain the completed facilities for a period of at least 20 years. A boat ramp user fee will not be charged. 14 C:IDocumems and Settings\pkrlaf\Local Satings\Tanporary Inland Files\OLK2\Papio 13 Coop Agree.wpd aitalent of Justice for appropriate legal proceedings. Q. The Political Subdivision shall comply with Executive Order 12432, Minority Business Enterprise Development by: a. Placing minority business firms on bidder's mailing lists. b. Soliciting these firms whenever they are potential sources of supplies, equipment, construction or services. 13 C:\Docanmts and Senings\pkrinfU.ocal Scnings\Tanporary Internet Files\OLK2\Papio 13 Coop Agree.wpd e 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! C-25A. CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE-2- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Mayor is authorized to sign and the City Clerk to attest, an application from the City of Omaha to the Nebraska Game and Parks Commission for a $202,500.00 grant. This grant being applied for requests federal assistance for the costs associated with the initial development of public fishing and boating facilities for the currently un-named city park located at 192nd and West Dodge Road. The required local grant share is estimated at $67,500.00, which will be the City's share. Should this grant be approved, the Finance Department is authorized to pay the City's share from the 2000 Park Bond Fund No. 13352, Organization No. 131621, Park and Recreation Culture Bond and Project No. 0807, 192nd and West Dodge Road Lake Development. BE IT FURTHER RESOLVED: THAT, the Parks, Recreation and Public Property Department anticipates meeting a substantial percentage of the City's obligation with in-kind services. APPROVED AS TO FORM: ASSI T T CITY ATTORNEY DATE P:\PRPP1\6261sap doc • By da_ _ Councilmember Adopted JUL 2 5 2006 7 - 0 City Clerk Approved, g... Mayor on is in the best interest of the citizens of the City of Omaha. WHEREAS, the Mayor has recommended approval of this grant application. By Councilmember Adopted City Clerk Approved Mayor e submitted for prior approval: 5. The acquisition cost of real property shall be based upon value determined by a licensed appraiser. The reports of such appraisers shall be submitted to the Commission for approval. 6. All development plans and specifications shall be submitted for approval by the Commission prior to commencement of any site preparation or construction and no such site preparation or construction may be undertaken until so approved. Such plans and specifications must be prepared by an architect or engineer that is registered in the State of Nebraska. When approved, development plans and specifications will become part of this project agreement and execution of the project must be in accord with the approved plans and specifications. S. A final inspection will be made and a final performance report prepared by the Commission prior to making final payment to the Political Subdivision. T. It is expressly agreed that upon the completion of this project,the Political Subdivision, City of Omaha will operate and maintain the completed facilities for a period of at least 20 years. A boat ramp user fee will not be charged. 14 C:IDocumems and Settings\pkrlaf\Local Satings\Tanporary Inland Files\OLK2\Papio 13 Coop Agree.wpd aitalent of Justice for appropriate legal proceedings. Q. The Political Subdivision shall comply with Executive Order 12432, Minority Business Enterprise Development by: a. Placing minority business firms on bidder's mailing lists. b. Soliciting these firms whenever they are potential sources of supplies, equipment, construction or services. 13 C:\Docanmts and Senings\pkrinfU.ocal Scnings\Tanporary Internet Files\OLK2\Papio 13 Coop Agree.wpd e 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil! , Q 15-'. SFr._ryr • 'a- ./-8 'n V 5' � n �l ro N . �"d - C O PO UQ D , A1-Q CAr* (D ,-, — O crQ c'`C . e-. N O O ( A, O 7 AD p. r sti t I IUI ; H NCO C Q. = .-t r,. -s ,-h .-= pp O co Q 0 1Z N.) O �' g N — - crQ o ,•,• O R f� x 'tic:, CrJ C7J C4 ` 5 �.. v, O , Qv' ` 0Q nP O OQ Q (D p�J O ' Pb O N CD _ AD AD 0 = (D r-,. V C ' �v • C 6' vim, at .-t C) =•• Ic •CD O ° CD C O o �D i r' z Q M- ( O. OZ N o . O cD A' ' O O CD O.CfQ . J : THAT, the Parks, Recreation and Public Property Department anticipates meeting a substantial percentage of the City's obligation with in-kind services. APPROVED AS TO FORM: ASSI T T CITY ATTORNEY DATE P:\PRPP1\6261sap doc • By da_ _ Councilmember Adopted JUL 2 5 2006 7 - 0 City Clerk Approved, g... Mayor on is in the best interest of the citizens of the City of Omaha. WHEREAS, the Mayor has recommended approval of this grant application. By Councilmember Adopted City Clerk Approved Mayor e submitted for prior approval: 5. The acquisition cost of real property shall be based upon value determined by a licensed appraiser. The reports of such appraisers shall be submitted to the Commission for approval. 6. All development plans and specifications shall be submitted for approval by the Commission prior to commencement of any site preparation or construction and no such site preparation or construction may be undertaken until so approved. Such plans and specifications must be prepared by an architect or engineer that is registered in the State of Nebraska. When approved, development plans and specifications will become part of this project agreement and execution of the project must be in accord with the approved plans and specifications. S. A final inspection will be made and a final performance report prepared by the Commission prior to making final payment to the Political Subdivision. T. It is expressly agreed that upon the completion of this project,the Political Subdivision, City of Omaha will operate and maintain the completed facilities for a period of at least 20 years. A boat ramp user fee will not be charged. 14 C:IDocumems and Settings\pkrlaf\Local Satings\Tanporary Inland Files\OLK2\Papio 13 Coop Agree.wpd aitalent of Justice for appropriate legal proceedings. Q. The Political Subdivision shall comply with Executive Order 12432, Minority Business Enterprise Development by: a. Placing minority business firms on bidder's mailing lists. b. Soliciting these firms whenever they are potential sources of supplies, equipment, construction or services. 13 C:\Docanmts and Senings\pkrinfU.ocal Scnings\Tanporary Internet Files\OLK2\Papio 13 Coop Agree.wpd e 13\Papio 13 Coop Agree.wpd Agree.wpd d entitled to any benefits of the other. Neither shall provide any insurance coverage to the other - 3 - 1819 FARNAM ST STE 1100 IMPOSE NO OSUGATION OR LLASILrrY OF ANY KIND UPON THE INSURER,ITS AGENTS OR OMAHA, NE 68183 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ica ACORD 25(2001/08) 1 of 2 #M8998 CHRIM 0 ACORO CORPORATION 12611 , +{` +7'rt•- j` 'i'9' 0tr `fi >A. x s • '� is O.xu+r,+rAr _ _ cx 'Je{ ?w°" .s4'� �° • ,,,. {r� r'f}(�. . ' r ( ��T fitly a ¢ +., �s. - /'.- ,- f ..• 5{,Etis, £, fir+ iH S- tit '#gy,�t, }b v 4 ' �1 '3.l l `'. l 'sit,,�lr`�Y` ••.,bi�.,i�'r%f,Yfwu. 1 ' ' • .hx+',,,,:iriiizta, .t," k r..,b,„.,...... h.1>? .."�r > z.�meSTla e.,r u cea d,: n.a... ....x..r,,,.a_ .}��,(ji��'4,d j A• .Z , �y,wP4 ., n- 't f vEf-Cr•Yu � ^, j J ' " c::i ,.A•,� a t rl YV'JIT`f'a er! rt,> y-!•R" i;,y''i. f e t,t '�i Fy�y' r�, 7 }' s I5 � ,Etil i '�'� � �'�. ? �.Hv < 'f.,�yi,,'\. � .t t-� �'i I�•r. � 'L'r .f!'b�.^;' S*"� 7,::: 7:: <. sY 5 `y r ' , `'e>t �y;,Y', t�. ; ,71 � �' l �^X; �%i'�•':.;I'* ',•,4`h4: "Y� :'f ,.aR;t,.• <t'a• .rtayfa k.:4,, '" r .• rl I A _,r N.•0..•.,- , it; ✓! '.• r :- t•1. ' ,yi.`r`r.,,• • S :5 �'}�.r'i ..1'{r ,'�• ..bik ' s "J`"`.., t'.� .. .S�;y!j. kl��0°'.-• :mil!