RES 2015-1258 - Interlocal Papio-Missouri River Basin Water Quality Management Plan MAHA.N
. - Public Works Department
Cr ED
Omaha/Douglas Civic Center
� � September 29 2015 . �2:
i 1819 harnam Street,Suite 601
� 2 � $ �
ram, ro� Omaha,Nebraska 68183-0601
(402)444-5220
pF�FESR' ^^ ( Fax (402)444-5248
CITY
City of Omaha Robert G. Stubbe,P.E.
t" 4 , V E tl", S lei
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving an Interlocal Agreement with the Papio-Missouri
River Natural Resource District (PMRNRD) for participation in the Papio-Missouri River Basin
Water Quality Management Plan.
This Agreement will allow for the City to participate, along with the PMRNRD and the Papio
Creek Watershed Partnership, in developing and setting forth cost-shares for the implementation
of a Project Implementation Plan (PIP) and participating in a grant through the Nebraska
Department of Environmental Quality for the funding of this PIP. The Agreement defines the
terms and conditions for which the PMRNRD and the City will secure technical assistance for
the development of the PIP and split the local match portion required according to the grant.
The City will provide a cost share in the amount of 42% of the local match requirements and the
PMRNRD will provide the remaining 58%. The cost share for the City will include a
reimbursement from the PMRNRD of 58% of the preparation of the PIP cost, in the amount of
$9,050.00, and a disbursement in the amount of approximately $53,200.00 for the consulting
contract and local match requirements, which will be transmitted through the Stormwater
Management Plan Program Fund 12143, Stormwater Management Plan Program Organization
128026.
The Public Works Department requests your consideration and approval of the attached
Resolution.
Respectfully submitted, Referred to City Council for Consideration:
v-t 61 . 9 /S 2 Gl l i r
kob rt G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approv d:
st-
S ephe B. Curtiss ate
-0 Finance Director
1988htp
INTERLOCAL COOPERATION AGREEMENT
Between
THE CITY OF OMAHA, NEBRASKA,
and
THE PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT
For
PAPIO-MISSOURI RIVER BASIN
WATER QUALITY MANAGEMENT PLAN
THIS AGREEMENT (hereinafter "THIS AGREEMENT") is made by and between
the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT (the
"DISTRICT"), and the CITY OF OMAHA, NEBRASKA (the "CITY")(collectively the
DISTRICT and the CITY are referred to as the "PARTIES"), pursuant to the authority
provided in the Nebraska Interlocal Cooperation Act (§§13-8o1, R.R.S., 1997, et seq.).
WHEREAS, the PARTIES desire to develop and share in the costs of a Papio-
Missouri River Basin Water Quality Management Plan for the Omaha metropolitan area
(including the Papio watershed within Douglas and Sarpy Counties and the Missouri
River tributary drainage areas within Omaha and the City of Bellevue, Nebraska) and a
portion of the area under the DISTRICT'S jurisdiction (the "PROJECT");
WHEREAS, the CITY and DISTRICT submitted an application which was
accepted by the Nebraska Department of Environmental Quality ("NDEQ") for a grant
under the Environmental Protection Agency's ("EPA") § 319 of the Clean Water Act grant
program (the "GRANT");
WHEREAS, the PARTIES' GRANT application is subject to approval by the U.S.
EPA prior to the PARTIES participation in the GRANT;
WHEREAS, the CITY contracted with FRYA Engineering, LLC
("CONSULTANT")for the preparation of the Project Implementation Plan("PIP"),which
was completed and submitted as part of the GRANT application process;
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OMA-382441-1
WHEREAS, if the PROJECT is approved by the EPA, the GRANT will require a
forty percent (40%) local contribution for the costs of the PROJECT; and,
WHEREAS, the Papio Creek Watershed Partnership ("PCWP") has agreed to
contribute funds as part of the local contribution for the GRANT.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants of PARTIES hereinafter expressed, the PARTIES hereby agree as follows:
1. PROJECT BENEFITS. The PARTIES do hereby find and determine that
the PROJECT will be of predominantly general benefit to the CITY and the DISTRICT,with
only an incidental special benefit.
2. PROJECT PARTICIPANTS. The PROJECT shall be undertaken
without any separate entity being created, and the duties and responsibilities of the
PARTIES with respect to the PROJECT shall be as defined by THIS AGREEMENT.
3. THE PROJECT IMPLEMENTATION PLAN. The costs associated with
the preparation of the PIP are not reimbursable under the GRANT. Within forty five (45)
days of receipt of an invoice from the CITY reflecting its costs associated with its contract
with CONSULTANT for the preparation of the PIP,the DISTRICT shall reimburse the CITY
fifty-eight percent(58%) of those costs. The DISTRICT'S reimbursement obligation for the
PIP shall not exceed nine thousand fifty dollars ($9,050).
4. THE BASIN PLAN. The DISTRICT shall enter into an agreement with
CONSULTANT(the"CONSULTING CONTRACT")for preparation of the Papio-Missouri
River Basin Water Quality Management Plan (the "BASIN PLAN") as detailed in the PIP.
The CITY shall review and approve the CONSULTING CONTRACT prior to the
DISTRICT'S execution of the CONSULTING CONTRACT, such review and approval not
to be unreasonably delayed or withheld. The DISTRICT shall be responsible for payment
of the costs and fees associated with the CONSULTING CONTRACT. The
CONSULTANT'S fees and costs under the CONSULTING CONTRACT shall not exceed
three hundred sixteen thousand seven hundred dollars ($316,700). The CONSULTING
CONTRACT shall incorporate the BASIN MAP, attached hereto as Exhibit A and referred
to as the BASIN MAP. The BASIN MAP divides the program area into two areas,
PLANNING AREA A and PLANNING AREA B. The CONSULTING CONTRACT shall
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OMA-382 4 I-I
divide the CONSULTANT'S tasks between PLANNING AREA A and PLANNING AREA
B.
a) PLANNING AREA A. The DISTRICT shall be responsible for and
direct the CONSULTANT'S work in PLANNING AREA A.
b) PLANNING AREA B. The CITY shall be designated as the
DISTRICT'S authorized representative for the CONSULTANT'S work in
PLANNING AREA B, and shall oversee, manage, and direct the
CONSULTANT'S work in PLANNING AREA B. Without the DISTRICT'S
prior written approval, the CITY shall not change the CONSULTANT'S
scope of work or direct the CONSULTANT to undertake any tasks that will
result in increased costs under the CONSULTANT CONTRACT.
5. CITY CONTRIBUTION. The CITY shall be responsible for forty two
(42%) of the local share portion of the GRANT. To satisfy the CITY'S local share
contribution, within forty five (45) days of receipt of an invoice from the DISTRICT, the
CITY shall reimburse the DISTRICT eighteen thousand two hundred dollars ($18,200)
for the costs associated with the CONSULTING CONTRACT. Additionally, the Papio
Creek Watershed Partnership ("PCWP") shall transfer thirty five thousand dollars
($35,000)to the DISTRICT as part of the CITY'S local share contribution. The CITY shall
provide its assistance and expertise as requested by the DISTRICT.
6. DISTRICT'S CONTRIBUTION. The DISTRICT shall be responsible for
fifty eight (58%) of the GRANT'S local share requirement.
7. NDEQ and EPA COMMUNICATIONS. The DISTRICT shall be the
managing agency for the GRANT, and shall be responsible for submission of the GRANT
requirements to the NDEQ and the EPA.
8. EPA and NDEQ APPROVAL. The EPA'S approval of the PARTIES'
GRANT application and acceptance of the PROJECT is a condition precedent to any of
the duties and obligations for either of the PARTIES under this AGREEMENT.
Additionally, it is understood by the PARTIES that the GRANT shall be for no less than
one hundred ninety thousand dollars ($190,000), and the award of the GRANT for no
less than this amount shall also be a condition precedent to THIS AGREEMENT. In the
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OMA-38244 I-1
event either of the condition precedents stated in this paragraph do not occur, this
AGREEMENT shall be void.
9. EFFECTIVE DATE AND TERM. THIS AGREEMENT shall be in
force and effect upon and after its execution by the PARTIES hereto, and shall terminate
upon the earlier of either the termination of the GRANT or the PARTIES' acceptance of
the BASIN PLAN.
10. NON-DISCRIMINATION. The PARTIES hereto shall not, in the
performance of THIS AGREEMENT, discriminate or permit discrimination by any of its
contractors in violation of federal or state laws or local ordinances because of race,disability,
color, sex, age, political or religious opinions, affiliations or national origin.
11. DRUG FREE POLICY. Each PARTY provides assurance that it has
established and maintains a drug free workplace policy.
12. ENTIRE AGREEMENT. THIS AGREEMENT contains the entire
agreement between the PARTIES, and each PARTY hereto agrees that neither the other
PARTY,nor any of the officers,agents,employees or contractors of the other PARTY,have
made any representations or promises with respect to the PROJECT not expressly
contained herein.
13. TIME. Time is of the essence of THIS AGREEMENT.
14. DEFAULT. If either PARTY shall default hereunder, the other PARTY
shall be entitled to enforce specific performance of THIS AGREEMENT or may have any
other remedy allowed by law or equity.
15. NOTICES. All notices herein required shall be in writing and shall be
served on the PARTIES at their principal offices,or at such other address as either PARTY
may hereafter designate to the other PARTY in writing for service of notice to itself. The
mailing of a notice by certified or registered mail, return receipt requested, or delivery
thereof by messenger, shall be sufficient service hereunder.
16. BINDING EFFECT. The provisions of THIS AGREEMENT shall inure to
the benefit of, and shall be binding upon, the successors in interest and assigns of the
respective PARTIES hereto.
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OMA-38244 I-I
17. APPLICABLE LAW. Each PARTY to THIS AGREEMENT shall follow
all applicable federal and state statutes and regulations in carrying out the faithful
performance and terms of THIS AGREEMENT.
18. SEVERABILITY. In the event any portion of THIS AGREEMENT is held
invalid or unenforceable for any reason, it is agreed that any such invalidity or
unenforceability shall not affect the remainder of THIS AGREEMENT, the remaining
provisions shall remain in full force and effect,and any court of competent jurisdiction may
so modify any objectionable provision of THIS AGREEMENT so as to render it valid,
reasonable and enforceable.
19. CAPTIONS. Captions used in THIS AGREEMENT are for convenience and
not for use in the construction of THIS AGREEMENT.
20. INTERLOCAL COOPERATION ACT PROVISIONS. THIS
AGREEMENT shall not create any separate legal or administrative entities. THIS
AGREEMENT shall be administered jointly by the PARTIES, though 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 THIS AGREEMENT. THIS AGREEMENT does
not authorize the levying, collecting or accounting of any tax.
[SIGNATURES ON FOLLOWING PAGE]
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OMA-382441-1
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 % J 4'r- , , 2015.
THE CITY OF OMAHA
JEAN STOTHERT, Mayor
Attest:
City Clerk
The DISTRICT has executed THIS AGREEMENT on WI I , 2015.
P ' : ISSOURI RIVER NATURAL
' ' OU CES DISTRICT
J WINKLER, General Manager
APB O FORM:
9 / .
SSISTANT CITY ATTORN'Y
Figure I-Basin Map
Legend
- __ 20<4 3e31,#.LK1 o£:rnpa.red Lakes and Sttearre
..P-MRNRt)Boundary
* ...-... Natv Mr e erscan Lands
Huai ., • 13U ( I Basal Botardar},
2. 10170101
Ptann ng Area A
Ptannmg Area B
HUGS Bounder
HUGS
i02$0001
Ll Offutt Lake HUGS
L2 Halleck Park 1013o001
L3 Walnut Creek Lake
L4 Wehrspann Lake
L5 Hitchcock Park Lake
HUG
L6 Ed Zorinsky Lake 10210006
L7 Carter Lake
L8 Standing Bear Lake t \,
L9 Miller Park Lake
L10 Summit Lake
L11 Crystal Cove Lake
L12 Bennington Lake(Private)
L13 Candlewood Lake(Private)
Si Bell Creek a
S2 Papillion Creek '
S3 Cole Creek LW
S4 Thomas Creek 1.3
11
S5 Walnut Creek
S6 South Papillion Creek
S7 West Papillion Creek
S8 North Branch West Papillion Creek ..
S9 Silver Creek
S10 Omaha Creek
Sil North Omaha Creek
512 Elk Creek
S13 Elk Creek
3
EXHIBIT A
C-25A
CITY OF OMAHA
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 participate in the development of and cost-share for a.Papio-Missouri
River Basin Water Quality Management Plan which would cover the Omaha metropolitan area;
and,
WHEREAS, the parties desire to enter into the attached Interlocal Agreement for this
project, which by this reference is made part hereof, which delineates the roles and
responsibilities of the City and the PMRNRD regarding the participation in a grant through the
Nebraska Department of Environmental Quality to fund the implementation of this Plan, which
requires a local match of 40% of the cost of the project plus the cost of non-reimbursable items;
and,
WHEREAS, this Agreement calls for cost share of 58% to be covered by the PMRNRD
and 42% of the cost share will be paid for by the City, with the City's cost share to include a
reimbursement from the PMRNRD in the amount of$9,050.00, and a disbursement in an amount
of approximately $53,200.00 to be transmitted through the Stormwater Management Plan
Program Fund 12143, Stormwater Management Plan Program Organization 128026.
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 Papio-Missouri River
Basin Water Quality Management Plan for the Omaha metropolitan area, including provision for
a cost share of 42% with a reimbursement from the PMRNRD in the amount of$9,050.00, and a
disbursement in an amount of approximately $53,200.00 for a grant from the Nebraska
Department of Environmental Quality, which reimbursements and costs will be transmitted
through the Stormwater Management Plan Program Fund 12143, Stormwater Management Plan
Program Organization 128026, is hereby approved.
1987htp
APPROVED AS TO FORM:
Wed
CITY ATTORNEY DATE
LI" j. 04•71`
By
Councilmember
Adopted 2 9 2015 7-0
Q
Cit Clerk /0� �3
Approved_ J
Mayor
NO. /21511
Resolution by
Res. that, as recommended by the Mayor, the
Interlocal Agreement between the City of
Omaha and the Papio-Missouri River Natural
Resource District for the Papio-Missouri
River Basin Water Quality Management Plan
for the Omaha metropolitan area, including
provision for a cost share of 42% with a
reimbursement from the PMRNRD in the
amount of $9,050.00, and a disbursement in
an amount of approximately $53,200.00 for a
grant from the Nebraska Department of
Environmental Quality, which
reimbursements and costs will be transmitted
through the Stormwater Management Plan
Program Fund 12143, Stormwater
Management Plan Program Organization
128026, is hereby approved.
1987Ahtp
Presented to City Council
SEP 2 9 2015
Adopted
eu3ter grown
City Clerk