RES 2022-0880 - Cost Participation Agmt with Canopy South for OPW 54294 - South 30th Street and U Street Streetscape City Clerk Office Use Only:
RESOLUTION NO.
L/��'L%ldJ��� Publication Date(if ppli able):
Agenda Date: q J3 L02-2-
Department: Pub)1 C_f Oo kS
Submitter: (. a . Peek)
fj
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha and Southside Redevelopment Corporation, DBA Canopy
South have entered into a Cost Participation Agreement for improvements to South 30th Street &
U Street Streetscape, known as OPW 54294; and
WHEREAS, the responsibilities of both parties are delineated in the attached Cost
Participation Agreement, which by this reference is made part hereof; and,
WHEREAS, Canopy South will reimburse the City for design costs estimated to be
$22,062.00, to the 2018 Transportation Bond Fund 13185, Transportation Bonds Organization
117117.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, as recommended by the Mayor, the Cost Participation Agreement between the City of
Omaha and Southside Redevelopment Corporation, DBA Canopy South for design costs for
improvements to South 30th Street & U Street Streetscape, known as OPW 54294, is hereby
approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to receive reimbursement from Southside
Redevelopment Corporation, DBA Canopy South estimated to be $22,062.00, to the 2018
Transportation Bond Fund 13185, Transportation Bonds Organization 117117.
3227grp APPROVED AS TO •
iez/2-
)\--2 CITY ATTORNEY DATE
Adopted: S E P 13 2022 l-0
Attest:
City Clerk
Approved: �jLOL_
Mayor
COST PARTICIPATION AGREEMENT
This Cost Participatio Agreement (hereinafter referred to as "Agreement") is made and
entered into this 1,4glay of ,3
1,41.Y , 2022 by and between Southside Redevelopment .
Corporation, DBA as Canopy South, a Nebraska non-profit Corporation and 501(c)(3) non-profit
entity (hereinafter referred to as "Canopy South") and the City of Omaha, Nebraska, a Nebraska
Municipal Corporation (hereinafter referred to as the "City") (each a "Party" and collectively the
"Parties").
PRELIMINARY STATEMENTS
WHEREAS, the City owns and maintains a public roadway, 30th Street, that is adjacent to
property owned by Canopy South at 30th and U Streets in Omaha, Nebraska; and,
WHERAS, Canopy South is in the process of improving the property located at 30th and U
Streets and has requested that the City make various improvements at that location; and,
WHEREAS, the City is willing to make paving, sewer infrastructure, street beautification,
and pedestrian modal improvements within right-of-way (known as "Improvement") subject to
being reimbursed the design costs of the Project as detailed in this Agreement; and,
WHEREAS, the parties acknowledge and agree that it is in the best interest and would be
mutually advantageous to both Canopy South and the City for the City to complete the
Improvement which involves what is detailed on Exhibit "A" attached hereto.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET
FORTH HEREIN, CANOPY SOUTH AND THE CITY, DO HEREBY AGREE AND
CONTRACT WITH EACH OTHER AS FOLLOWS:
1. No administrative entity. There will be no separate, legal or administrative entity
created to administer this Agreement. Accordingly, no separate budget needs to be
established.
2. Public improvements/plans and designs. The City will contract with Ehrhart Griffin
&Associates, registered engineers in the State of Nebraska, for the preparation of plans
and specifications for the construction of improvements on South 30th Street, which
plans and specifications will be provided to the City for review, and will be approved
by the City.
3. Construction of improvements.
a.) The City hereby agrees to cause the Improvement to be constructed in accordance
with the final plans and specifications approved by the parties hereto in accordance
with Section 2 above and to provide construction administration and construction
management related to the Improvements. During the course of construction of the
or privileges of employment because of the race, color, religion, sex, disability or national origin
of the employee or applicant, except as may otherwise be permitted by law.
11. Drug Free Policy. All parties to this Agreement assure the State that they have
established and maintain a drug free workplace policy.
12. Entire Agreement; Counterparts. This instrument contains the entire agreement
of the parties and shall be binding upon the successors and assign of the respective parties. No
amendments, deletions, or additions shall be made to the Agreement except in writing signed by
all parties. Nebraska law shall govern the terms and performances under this Agreement. This
Agreement may be executed in any number of counterparts, each of which shall be an original, but
all of which together shall constitute one instrument.
13. City Charter. Pursuant to Section 8.05 of the Home Rule Charter, no elected
official or any officer or employee of the City shall have a financial interest, direct or indirect, in
any City contract. Any violation of this section with the knowledge of the person or corporation
contracting with the City shall render the Amendment voidable by the Mayor or Council.
14. Notice. In further consideration of the mutual covenants herein contained, the
parties hereto expressly agree that for purposes of notice, including legal service of process, during
the term of this Agreement and for the period of any applicable statute of limitations thereafter,
the following named individuals shall be authorized representatives of the parties:
3
Executed by CANOPY SOUTH, a Nebraska non-profit organization this 2 day of
June , 2022.
CANOPY SO .•
•6/c/Zoz Z
Cesar Garcia, xecutive Director Date
5
EXECUTED this ) S' day of ‘ZZ
ATTEST CITY OF OMAHA,A Municipal Corporation
City ClerkC.7 Mayor
APPROVED AS TO FORM:
4 .... ,k,s/-2-7--
Deputy City Attorney
Revised: 03/08/2021
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