RES 2019-0317 - Interlocal agmt - Papio-Missouri River Natural Resource District City Clerk Office Use Only:
z Publication Date (if applicable):
RESOLUTION NO.07D —J'7
Agenda 1412110 Date:
Department: P� // arks
CITY OF OMAHA /l
LEGISLATIVE CHAMBER
Omaha, Nebraska -
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha and the Papio-Missouri River Natural Resources District
(PMRNRD) desire to enter into an Interlocal Agreement for the Modifications to the Missouri River
Levee System R-613-616 and Relocation of Utilities Servicing the Papillion Creek Water
Resource Recovery Facility (WRRF) Project; and
WHEREAS, adjustments to the utility relocation plan for this project were requested by the
City, in order to better serve the Papillion Creek WRRF, which by this reference is made a part
hereof; and,
WHEREAS, the cost of this agreement in an amount not to exceed $100,000, will be paid
through the Sewer Revenue Fund, 21121, Papio Creek Plant Maintenance Organization, 116614,
year 2019 expenditure.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, as recommended by the Mayor, the Interlocal Agreement between the City of Omaha
and the Papio-Missouri River Natural Resource District for the Modifications to the Missouri River
Levee System R-613-616 and Relocation of Utilities Servicing the Papillion Creek Water
Resource Recovery Facility Project, to avoid the loss of Federal Emergency Management Agency
(FEMA) accreditation and better serve the Papillion Creek WRRF for an amount not to exceed
$100,000, is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to provide for the cost share of the actual
program costs through the Sewer Revenue Fund, 21121, Papio Creek Plant Maintenance
Organization, 116614, year 2019 expenditure.
2311grp APPROVED AS TO FORM
CITY ATTORNEY DATE
Adopted:
APR 022019
Attest:
City CI
- �L
Approved:
Mayor
INTERLOCAL COOPERATION ACT AGREEMENT
BETWEEN
PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT
AND
CITY OF OMAHA, NEBRASKA
FOR
MODIFICATIONS TO MISSOURI RIVER LEVEE SYSTEM R-613-616 AND
RELOCATION OF UTILITIES SERVICING THE PAPILLION CREEK
WASTEWATER TREATMENT PLANT
THIS INTERLOCAL COOPERATION ACT AGREEMENT ("THIS AGREEMENT")
is made pursuant to the Nebraska Interlocal Cooperation Act, Neb. Rev. Stat. §§ 13-801 to 13-
827, by and between the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT (the
"NRD") and the CITY OF OMAHA, NEBRASKA (the "CITY"; the NRD and the CITY are
hereinafter individually referred to as a"PARTY", and collectively as "PARTIES").
WHEREAS, the CITY owns and operates the Papillion Creek Wastewater Treatment
Plant located at 15705 Harlan Lewis Road, Bellevue, Nebraska, which services areas west of
42nd Street in Omaha("TREATMENT PLANT");
WHEREAS, the NRD, as local sponsor, operates and maintains the Missouri River Levee
System Units R-616 and R-613 (the "LEVEE" or "LEVEE SYSTEM", as applicable), a project
of the United States Army Corps of Engineers ("USACE");
WHEREAS, the LEVEE SYSTEM provides critical flood protection to portions of
property within the boundaries of the NRD,the CITY, and the surrounding metropolitan area;
WHEREAS, included in the area protected by the LEVEE SYSTEM is critical
infrastructure including, but not limited to, the TREATMENT PLANT;
WHEREAS, the LEVEE SYSTEM is at risk of losing its Federal Emergency
Management Agency ("FEMA") accreditation status, and the loss of FEMA accreditation of the
LEVEE SYSTEM would significantly impact the PARTIES;
WHEREAS, the PARTIES recognize that the LEVEE SYSTEM will require significant
construction and upgrading to satisfy FEMA certification requirements and retain its FEMA
accreditation;
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WHEREAS, the NRD has retained a professional engineering firm to design and develop
plans for the reconstruction and upgrading of the LEVEE SYSTEM in compliance with FEMA
and USACE requirements;
WHEREAS, such plans require, among other things, the relocation of certain public and
private utility lines and related easements that are currently located on land owned by the CITY
in an area to the south of the TREATMENT PLANT between the NRD's Pedestrian Trail and
the private driveway located on the TREATMENT PLANT property (the "SUBJECT
UTILITIES"); and
WHEREAS, subject to the terms of THIS AGREEMENT,the PARTIES agree to relocate
the SUBJECT UTILITIES and to allocate responsibility for the direct payment or reimbursement
of certain costs incurred as a result of relocation work.
NOW, THEREFORE, in consideration of the PARTIES' mutual covenants hereinafter
expressed, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged,the PARTIES agree as follows:
1. Authority. THIS AGREEMENT is an agreement for collective and cooperative
action made pursuant to authority provided in the Nebraska Interlocal Cooperation Act (Neb.
Rev. Stat. §13-801, et seq.), without a separate entity being created, and, whenever possible,
THIS AGREEMENT shall be construed in conformity therewith.
2. Purpose. The purposes of THIS AGREEMENT is to specify the terms and
conditions upon which the PARTIES will: (a) design, construct, develop and permit the
relocation of the SUBJECT UTILITIES (including the gas line and related easements described
relocation of the
(b) desi n construct, developand permit the e
in Sections 4(c) and 5(b) below); design,
existing fence located to the north of the Pedestrian Trail (2(a) and 2(b) collectively referred to as
the "RELOCATION WORK"); (c) pay for the RELOCATION WORK; and (d) grant certain
rights-of-way in order to allow the NRD to carry out its ongoing obligations to construct, repair
and maintain the LEVEE SYSTEM.
3. Term. THIS AGREEMENT shall continue in effect in perpetuity unless mutually
agreed to in writing by the PARTIES; provided, however, that such termination shall not affect
(a) any rights of reimbursement under THIS AGREEMENT, (b) the rights-of-way granted by the
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CITY to the NRD herein, nor (c) any actions taken or responsibilities assumed by either PARTY
prior to the effective date of such termination.
4. CITY'S Responsibilities. The CITY agrees to the following:
a) Promptly review any and all plans and specifications provided by the
NRD in connection with the NRD's obligations set forth in Section 5 below. The CITY's
approval of such plans and specifications shall not be unreasonably withheld, delayed or
conditioned. All requests by NRD under THIS AGREEMENT shall be deemed approved
in the event the CITY does not respond to such requests within 30 days after NRD's
written request.
b) Cooperate with the NRD on determining a reasonable relocation of the
SUBJECT UTILITIES and related easements before the RELOCATION WORK
commences.
c) Reimburse the NRD for the actual costs incurred by the NRD in relocating
the gas line and related easements located on the TREATMENT PLANT property, such
reimbursement not to exceed $100,000.
d) Effective as of the EFFECTIVE DATE, permit and grant to the NRD and to
the NRD's contractors and agents the perpetual, non-exclusive right, license, rights-of-way,
and permission to access and/or otherwise use the TREATMENT PLANT property for the
purposes of(i)the NRD's RELOCATION WORK pursuant to THIS AGREEMENT, and(ii)
the NRD's construction and ongoing operation, maintenance, and repair of the LEVEE
SYSTEM located on the TREATMENT PLANT property.
5. NRD'S Responsibilities. The NRD agrees to the following:
a) Coordinate directly with the utility companies and other third parties that
own or have rights to the SUBJECT UTILITIES and related easements with respect to
the relocation of the SUBJECT UTILITIES and related easements in accordance with
THIS AGREEMENT. The NRD acknowledges and agrees that it will obtain the prior
approval of the applicable utility companies and the CITY prior to relocating the
SUBJECT UTILITIES.
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b) Pay for the applicable utility companies and other third parties that own or
have rights to the SUBJECT UTILITIES to perform the RELOCATION WORK in
accordance with plans and specifications approved by the CITY. As part of the
RELOCATION WORK, the existing gas utility line and any related easements thereto
will be located to a new location approved by the CITY. Except for such items for which
the CITY is obligated to reimburse the NRD for certain costs and expenses, the NRD is
solely responsible for all costs and expenses for the RELOCATION WORK.
c) With respect to the relocation of the fence located to the north of the
Pedestrian Trail, the PARTIES acknowledge and agree that such fence shall be installed
along a line that is at least 15 feet from the toe of the upgraded LEVEE located on or
adjacent to the TREATMENT PLANT property.
6. Applicable Law. The PARTIES to THIS AGREEMENT shall conform to all
existing and applicable state laws, federal laws, and all existing and applicable rules and
regulations. Nebraska law will govern the terms and the performance under THIS
AGREEMENT.
7. Merger. THIS AGREEMENT shall not be merged into any other oral or
written agreement, license, lease or deed of any type.
8. Modification. THIS AGREEMENT contains the entire agreement of the
PARTIES. No representations were made or relied upon by either of the PARTIES other
than those that may be expressly set forth herein. No agent, employee or other representative
of any PARTY is empowered to alter any of the terms hereof unless done in writing and
signed by an authorized officer of such PARTY.
9. Nondiscrimination. The PARTIES shall not, in the performance of THIS
AGREEMENT, discriminate or permit discrimination in violation of federal or state laws
or local ordinances because of race, color, sex, age, disability under the Americans with
Disabilities Act, political or religious opinions, affiliations or national origin.
10. Captions. Captions used in THIS AGREEMENT are for convenience and are
not used in the construction of THIS AGREEMENT.
11. Effective Date. As used herein, "EFFECTIVE DATE" shall mean the date on
which THIS AGREEMENT is executed by the last PARTY to sign, as indicated by the dates
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beneath their signatures below.
12. Invalid Provisions. In the event that any covenant, condition, or
provision herein contained is held to be invalid by any court of competent jurisdiction, the
invalidity of any such covenant, condition, or provision herein contained shall not affect
the validity of the remainder of the covenants, conditions or provisions of THIS
AGREEMENT, which shall in all respects remain a legally binding agreement with the
invalid portion being deleted; provided, however, that the validity of any such covenant,
condition, or provision does not materially prejudice either of the PARTIES in its
respective rights and obligations contained in the valid covenants and conditions of THIS
AGREEMENT.
13. Non-Waiver. No delay or failure by either of the PARTIES to exercise any
right under THIS AGREEMENT, and no partial or single exercise of that right, shall
constitute a waiver of that or any other right unless otherwise expressly provided herein.
A valid waiver by either of the PARTIES shall not be deemed to extend the amount of time
available to perform any other act required under THIS AGREEMENT.
14. Notices. Any notice or written request required under the terms of
THIS AGREEMENT shall be deemed to have been given within 48 hours after written
notice has been deposited in the United States mail.
a) Notices to the CITY provided for in THIS AGREEMENT shall be
sufficient if sent by certified or registered mail, postage prepaid, addressed to:
Director of Public Works
City of Omaha,Nebraska
1819 Farnam Street, Suite 601
Omaha,Nebraska 68183
b) Notices to the NRD provided for in THIS AGREEMENT shall be
sufficient if sent by certified or registered mail, postage prepaid addressed to:
General Manager
Papio-Missouri River NRD
8901 South 150 Street
Omaha,Nebraska 68138-3621
or to such other respective address(s)as the PARTIES may designate to each
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other from time to time in writing.
15. Indemnification. The CITY shall defend, indemnify, and hold the NRD
harmless from and against all costs and expenses, including attorneys' fees and court
costs, resulting from claims, demands or causes of action to the extent the same is caused by
the CITY and/or the CITY's employees, contractors, representatives and/or agents in the
performance of THIS AGREEMENT. The NRD shall defend, indemnify, and hold the
CITY harmless from and against all costs and expenses, including attorneys' fees and
court costs, resulting from claims, demands or causes of action to the extent the same is
caused by the NRD and/or the NRD's employees, contractors, representatives and/or agents
in the performance of THIS AGREEMENT.
16. Counterparts. THIS AGREEMENT may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
17. Interlocal Cooperation Act Provisions. THIS AGREEMENT shall not create
any separate legal or administrative entity. It shall be administer jointly by the parties, through
one representative to be designated by and on behalf of each party. Each party shall separately
finance and budget its own duties and functions under TIIIS AGREEMENT. Upon termination,
each party shall retain ownership of the property it owns at the time of the termination. THIS
AGREEMENT does not authorize the levying, collecting or accounting of any tax.
18. Miscellaneous Provisions.
a) The Mayor of the City of Omaha shall have the authority to administer
THIS AGREEMENT on behalf of the CITY and to exercise discretion with respect to
those matters contained herein.
b) The NRD shall not, in the performance of this contract, discriminate or
permit discrimination in violation of federal or state laws or local ordinances because of
race,color, sex, age, political or religious opinions, affiliations, or national origin.
c) The PARTIES to this contract shall conform to all existing and
applicable CITY ordinances, resolutions, state and federal laws, and all existing and
applicable rules and regulations.
d) Pursuant to Sec. 8.05 of the Home Rule Charter, no elected official or
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any officer or employee of the City of Omaha shall have a financial interest, direct or
indirect, in any City of Omaha contract. Any violation of this section with the
knowledge of the person or corporation contracting with the City of Omaha shall render
the contract voidable by the Mayor or Council.
[Signature Page to Follow]
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IN WITNESS WHEREOF, the PARTIES have executed THIS AGREEMENT, on the
respective dates hereinafter indicated, pursuant to authorizing resolutions duly adopted at regularly-
called meetings of their governing bodies.
The CITY has executed THIS AGREEMENT on A-py t 1 ,2019..
THE CITY OF OMAHA
JEAN STOTHERT, Mayor
Attest:
City Clerk
APPRQVED AS TO FORM:
tr
DEPUTY CITY ATTORNEY
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The NRD has executed THIS AGI ENT on f 6-u(},l. /S , 2019.
PA I 0-MI OURI RIVER NATURAL RESOURCES
DIS RICT
By
WINKLER,General Manager
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