RES 1997-2511 - Agmt with OPPD for updated land base maps /
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`,�'�� R E C 'E I V E Q Planning Department
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°4''r orgy CITY CLERK (402)444-5150
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City ofOmaha ������'° �����������
September 9, 1.997
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The attached Resolution approves an interlocal agreement between the City of
Omaha and Omaha Public Power District for the purpose of providing the City with
updated land base maps.
RECOMMENDATION: Approval.
Respectfully submitted: Referred to City Council for Consideration:
, 1,‘,. .%7 71V-1- i'•.76.17 . ,
007
Robert C. Peters 13 Date Mayor's Office/Titl
Acting Planning Director
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INTERLOCAL SERVICE AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal
Corporation, in Douglas County,Nebraska, and the Omaha Public Power District, a Political
Subdivision of the State of Nebraska.
WHEREAS,the Omaha Public Power District possesses a computer system and land based
information program that will provide the City of Omaha with updated land base maps; and,
WHEREAS, the transfer of land base information used by the City of Omaha is expressly
compatible with the Omaha Public Power District's computer system; and,
WHEREAS, it is the intent of the City of Omaha to share services with other public agencies
in an effort to control cost while providing the highest level of service.
IN CONSIDERATION OF THESE MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS:
SECTION 1. DEFINITIONS
The following terms shall be applicable for the purpose of this Agreement:
1.1 "City" shall mean the City of Omaha,Nebraska.
1.2 "Landbase" shall mean the automated mapping and information system containing the
records of the location, dimension and status of property identified as the city of Omaha's
jurisdiction.
1.3 "OPPD" shall mean the Omaha Public Power District.
1.4 "GEMMS" shall mean the Geo Electric Model Management System developed by OPPD
to control the features residing in the landbase.
1.5 "FRAMME" shall mean the software controlling GEMMS written by Intergraph Corp.
SECTION 2. CONDITIONS
2.1 OPPD is the sole owner of the landbase.
2.1.1 The City shall not provide the Landbase or access thereto to any other party without
prior written consent from OPPD.
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2.1.2 The City will not copy the Landbase programming or data as a permanent record.
2.2 The City will maintain the Landbase,to include State & County Roadways, within its
jurisdiction and for all of Douglas County to OPPD's present and future specifications
(as provided by OPPD in application training).
2.2.1 The ability to maintain data in the Landbase will be controlled by
GEMMS/FRAMME software. GEMMS/FRAMME software will be provided by
OPPD.
2.2.2 Charges for the purchase and maintenance of FRAMME software provided by
OPPD will be paid by OPPD.
2.3 All file transfers and updates will be made through a direct connection to OPPD's
Computer Aided Drafting (CAD) system at a minimum communication rate of 19.2
Kbps. All data must be directly compatible to OPPD's existing data,with no translation.
2.3.1 OPPD's CAD system will be available for use only during standard OPPD
operating hours. OPPD will contact the City in the event that it becomes necessary to
take the system off-line. In no event will OPPD be responsible to the City or any third-
party for any damages, or loss of information due to interruption of service.
2.3.2 Access to additional files, other than those identified in this Agreement,may be
allowed at the request of the City and the written approval of OPPD, subject to any
restrictions mutually agreed to at the time of request.
2.4 The City will be responsible for maintaining software upgrades on its system. In no
event will OPPD be required to maintain compatibility with the City on software
upgrades. OPPD will coordinate these upgrades,providing a minimum of one (1)week
notice for permanent fixes and as-available notice for uncertified temporary upgrades.
2.5 OPPD will provide to the City, at no cost,programming written for internal Landbase
maintenance. The City will provide to OPPD, at no cost, programming written for their
Landbase maintenance procedures. Neither party is responsible for ensuring that these
programs will function on the other parties computer system.
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SECTION 3. MISCELLANEOUS
3.1 Captions. Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
3.2 Merger. This Agreement shall not be merged into any other oral or written contract, lease
or deed of any type.
3.3 Modification. This Agreement contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are expressly
set forth herein. No agent, employee or other representative of either party is empowered
to alter any of the terms hereon unless done in writing and signed by an authorized officer
of the respective parties.
3.4 Liability. OPPD shall not be liable to the City or to any third-party, for any errors or
omissions of OPPD in the performance of OPPD's duties or responsibilities hereunder, and
City agrees to indemnify and hold harmless OPPD from any claims or actions by the City
or third-parties against OPPD as a result of the use by City of the Landbase program of
OPPD.
3.5 Authorized Representative. The following named individuals shall be the authorized
representatives of the parties:
3.5.1 City of Omaha
Steve Jensen
Assistant Director, Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,Nebraska 68183
3.5.2 Omaha Public Power District
William D. Dermyer
Vice President
444 So. 16 Street Mall
Omaha,Nebraska 68102-2247
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3.6 Reciprocal Non-discrimination. Neither the City nor OPPD shall, in the performance of
this Agreement, discriminate or permit discrimination against any person because of race,
sex, age, or political or religious opinions or affiliations in violation of Federal or State or
Local ordinance.
3.7 Conflict of Interest. 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 shall have a financial
interest, direct or indirect, in any City Agreement. A violation of that Section with the
knowledge of OPPD, in addition to constituting employee malfeasance, shall be cause for
the City to unilaterally terminate or void this Agreement.
3.8 New Entity Disclaimer. This agreement does not establish or create any separate
administrative entity.
3.9 Term. This Agreement shall remain in full force for one (1)year. After the initial year this
agreement can be terminated by the City upon thirty (30) days written notice to OPPD's
authorized representative. OPPD may cancel this agreement at anytime upon(30) days
written notice to the City's Authorized Representative.
4 43,
IN WITNESS WHEREOF,the parties have executed this Agreement on the "d y of
, 1997.
ATTEST: CITY OF OMAHA,A Municipal Corporatim
CITY C OF THE CITY OF OMAHA MA R
WITNESS: OMAHA PUBLIC POWER DISTRICT, A
political Subdivision of the State of
AO.P n,p'..i Nebraska
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ASS TANT S -. �;• 'VAC . Aff VICE PRESIDENT
6,7„,
ASSISTANT CITY ATTORNEY
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Date 7/1 v/y>Date 007 Date MI Ci'1Date Air'Date ate
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr September 9, 19 97
J "" T.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the Omaha Public Power District possesses a computer system and land
based information program that will provide the City of Omaha with updated land base,maps; and,
WHEREAS, the transfer of land base information used by the City of Omaha is
expressly compatible with the Omaha Public Power District's computer system;and,
WHEREAS,it is the intent of the City of Omaha to share services with other public
agencies in an effort to control cost while providing the highest level of services; and,
WHEREAS,this Agreement shall remain in full force for one(1)year. After the initial
year this agreement can be terminated by the City upon thirty (30) days written notice to OPPD's
authorized representative. OPPD may cancel this agreement at any time upon (30) days written
notice to the City's authorized representative.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT,this Agreement is entered into by and between the City of Omaha,a Municipal
Corporation,and the Omaha Public Power District,a Political Subdivision of the State of Nebraska,
to provide the City with updated land base maps.
APPROVED AS TO FORM:
747
A SISTANT CITY ATTORNEY DATE
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