ORD 43315 - Interlocal Agreement with Village of Boys Town for upgrades of the traffic signal system at 137th Street and West Dodge Road Eastbound Ramp ORDINANCE NO. 33l5
AN ORDINANCE to approve an Agreement between the City of Omaha and the Village of Boys Town for
the upgrades and maintenance of the traffic signal system located at 137th Street and West Dodge
Road Eastbound Ramp, involving the reimbursement of money involving appropriations of more
than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended;
and to provide an effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the City Council of the City of Omaha hereby approves an Agreement
between the City of Omaha and the Village of Boys Town, which by this reference is made a part hereof,
that outlines the terms and conditions under which the City of Omaha will provide for the upgrades of the
traffic signal system located at 137th Street and West Dodge Road Eastbound Ramp, as wells as
maintenance thereafter.
Section 2. That the reimbursements by the Village of Boys Town involve appropriations of
more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended.
Section 3. That the Finance Department is authorized to accept reimbursements by the
Village of Boys Town, not to exceed $50,000.00 for one-time signal system upgrades, and $700 annually
for signal system maintenance, which will be applied to the Street Allocation Fund 12131, Traffic Signals
& Computer System Organization 116187.
ORDINANCE NO.I-5 3I5-
PAGE TWO
Section 4. That this Ordinance, being administrative in nature, shall be in force and take effect
immediately upon passage.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
/ .-
<r; i MAYOR OF THE CITY OF OMAHA DATE
PASSED 6 �_
ATTEST:
70L�
CITY CLERK OF THE ITY OF OMAHA DATE
APPROVED AS TO FORM:
I�3
CITY ATTORNEY DATE
0030cvr
AGREEMENT
THIS AGREEMENT is made and entered into as of the dates indicated below by and
between the Village of Boys Town, a municipal corporation in the State of Nebraska (hereinafter
referred to as "Boys Town") and the City of Omaha, a municipal corporation in the State of
Nebraska, acting by and through its authorized City Council (hereinafter referred to as
"Omaha").
WITNESSETH:
WHEREAS, Boys Town has a traffic signal installation on its road system which requires
regular maintenance; and
WHEREAS, Omaha is willing to perform such traffic signal maintenance work in
accordance with the terms hereinafter provided.
NOW, THEREFORE, in consideration of these facts, the parties hereto agree as follows:
1. Description of Work
Omaha shall provide for the upgrades of the traffic signal located at 137th Street and West
Dodge Road Eastbound Ramps (hereinafter referred to as "137th & West Dodge
Upgrades"). The 137th & West Dodge Upgrades shall consist of the construction or
installation of all equipment, structural elements, sensors, wiring, and other
improvements required in order for the traffic signals to meet the current standards of the
City of Omaha. Upon completion of the 137th & West Dodge Upgrades by Omaha,
Omaha shall invoice Boys Town for the cost of the 137th & West Dodge Upgrades, not to
exceed $50,000.00. Boys Town agrees to pay all invoices tendered within forty-five
(45) days of their receipt.
Omaha shall, from the date of this Agreement until such time as this Agreement is
terminated, perform all necessary maintenance work on all traffic signals and pedestrian
signals locations listed in Section 4. Such maintenance work will include, but not be
limited to, changing bulbs, troubleshooting controllers, adjusting detection sensors,
establishing communication and inputting timing parameters.
Omaha agrees to perform such maintenance work as expeditiously as possible in order to
minimize the inconvenience to the public caused by malfunctioning traffic signals.
Omaha agrees to have personnel available for emergency repair work twenty-four (24)
hours a day, seven (7) days a week on the same basis that Omaha provides for its own
emergency repair work.
2. Exclusions
Construction of new signals at new or existing locations is not included in the scope of
work under this Agreement. The replacement of equipment due to age, damage, or Boys
Town-initiated signal phasing changes shall be the responsibility of Boys Town. The
replacement of traffic signal poles and appurtenances for any reason shall be the
responsibility of Boys Town.
In the event that both parties desire for Omaha to perform work identified in Section 2
herein, Omaha may perform the work and invoice Boys Town for the labor, equipment
and material costs.
3. Compensation
Beginning in 2023, Boys Town agrees to reimburse Omaha in the amount of $700
annually for each signalized intersection or pedestrian signal locations listed in Section 4.
The annual fee shall be adjusted every four(4) years to reflect changes in the Kansas City
—All Urban Consumers—Consumer Price Index.
Omaha shall invoice Boys Town on an annual basis at the beginning of each calendar
year for the maintenance work performed under the scope of this Agreement. The
invoice shall show the location of each signalized intersection and pedestrian signal. Any
additional work as agreed upon by both parties will be invoiced at the completion of such
work. Boys Town agrees to pay all invoices tendered within forty-five (45) days of their
receipt.
4. Locations
The following are the locations with Boys Town traffic signals as of the time of this
Agreement:
1. 137'1' Street and West Dodge Road Eastbound Ramps
The parties agree that this list may be amended administratively from time to time, when
both parties agree, either 1) to add new locations as new traffic signals are constructed by
Boys Town, or 2) to remove locations as traffic signals are removed by Boys Town.
5. Termination
Either Omaha or Boys Town shall have the absolute right to terminate this Agreement by
giving ninety (90) days advance written notice.
In the event of termination by either party during a calendar year, Omaha will refund to
Boys Town within forty-five (45) days of termination a prorated portion of the $700.00
annual payment based on a fifty-two (52) week calendar year and the number of weeks in
the year of termination that maintenance services are not provided.
2
6. Responsibility to the Public
Although Omaha agrees to undertake the maintenance work expeditiously and in a
workmanlike manner, Omaha shall not be responsible to any third parties for any
operational parameter decision making related to signalized traffic control, design errors
or malfunctions of any of the signals involved, whether before or after any maintenance
work by Omaha. Boys Town shall retain whatever liability exists under the law of this
State regarding injuries to the public for any malfunctions or design errors in the signals.
7. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no
elected official or any officer or employee of the City of Omaha shall have a financial
interest, direct or indirect, in any City of Omaha contract. A violation of that section with
the knowledge of Boys Town, in addition to constituting employee malfeasance, shall be
cause for Omaha to unilaterally terminate or void this Agreement.
8. Boys Town or Omaha shall not, in performance of this Agreement, discriminate
or permit discrimination against any person because of race, color, creed, religion, sex,
marital status, sexual orientation, gender identity, national origin, age, or disability, in
violation of federal or state laws.
9. This instrument contains the entire agreement of the parties and shall be binding
upon the successors and assigns of the respective parties. No amendments, deletions or
additions shall be made to this Agreement except in writing.
3
IN WITNESS WHEREOF, the parties have caused these presents to be executed by their
proper officials thereunto duly authorized as of the dates below indicated.
EXECUTED by the CITY OF OMAHA this Z"` day of /v l 20 Z__S
ATTEST:
2k> i&tzL
City Clerk Mayor, City of Omaha
APPROVED AS TO FORM:
•• 16121
Deputy City Attorney
EXECUTED by the VILLAGE OF BOYS TOWN this day of VMcGCsd
20�?.
ATTEST:
V' e Clerk airman o oar stees
APPROVED AS TO FORM:
LAA,
City Attorney
4