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ORD 40853 - Interlocal Houshold Hazardous Waste Services ot4"" NFd 1 z u��+ 1 ue r k V L1 ,i ( Public Works Department �,�s► • Omaha/Douglas(nis Center n®' f Cl l► August 9 2016 1819 hamam Streit,Suite 601 tsv--1-_.1 :0"-i:1.7;\ 2016 .in 29 Al Omaha,Nebraska68183-0601 0 � (402)444-5220 �TPD FEND. Ibax (402)444-5248 City of Omaha ti.I `" Robert G. Stubbe,P.E. Jean Stothert,Mayor Public Works Director Honorable President and Members of the City Council, Transmitted herewith is a Ordinance approving an Interlocal Agreement with Douglas and Sarpy County for the continued cooperation to provide Household Hazardous Waste services to Douglas and Sarpy county residents. This Agreement will allow for the City, Douglas County, and Sarpy County to participate in administering and sharing the cost for these services. The Agreement defines the terms and conditions for which Douglas County, Sarpy County, and the City of Omaha will share the cost for this effort. The City of Omaha will provide a cost share in the estimated amount of$106,800.00 annually. Douglas and Sarpy County will also provide a reimbursement to the City of Omaha in the estimated amount of$106,800.00 annually per County. The cost share and reimbursements will include provision for a full time employee to be passed through the Sewer Revenue Fund 21121, Commercial Industrial and Residential Sewer Use Administrative Organization 116711 and disposal costs to be passed through the Chemical Disposal Fund 21129, Household Hazardous Waste Facility Organization 116925. The Public Works Department requests your consideration and approval of the attached Ordinance and Interlocal Agreement. Respectfully submitted, Referred to City Council for Consideration: (i • 7/Z40// Robert G. Stubbe, P.E. Date Mayor's Office Date Public Works Director Appro d: yzt, Stephe B. Curtiss ate Finance Director 1147hra ORDINANCE NO. 0IL5"3 AN ORDINANCE approving an Interlocal Agreement between the City of Omaha, Douglas County, and Sarpy County involving the disbursement and receipt of money involving appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for the terms and conditions under which Omaha is to cooperate with Douglas County and Sarpy County to provide Household Hazardous Waste services for the residents of Douglas and Sarpy County; to authorize the Finance Department to disburse and receive a cost share from Douglas County and Sarpy County not to exceed $106,800 annually per participant according to the schedule contained within the Agreement; 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 the Interlocal Agreement between the City of Omaha, Douglas County and Sarpy County, which by this reference is made a part hereof, that outlines the terms and conditions under which Omaha will cooperate to provide Household Hazardous Waste services for the residents of Douglas and Sarpy County. Section 2. The Finance Department is authorized to disburse and receive payments for this project involving appropriations of more than one year, which is authorized in accord with Section 5.17 of the Home Rule Charter of 1956, as amended. Section 3. That the City of Omaha shall incur a cost share estimated to be $106,800.00 annually for a period of five years with the option to extend an additional five years. This cost share include provisions for a full time employee to be paid from the Sewer Revenue ORDINANCE NO. 7©1'3 PAGE 2 Fund 21121, Commercial Industrial and Residential Sewer Use Administrative Organization 116711 and disposal costs to be paid from the Chemical Disposal Fund 21129, Household Hazardous Waste Facility Organization 116925. Section 4. That Douglas County and Sarpy County shall provide quarterly reimbursements in the estimated annual amount of $106,800.00 for each county. These reimbursements include provisions for a full time employee to be made to the Sewer Revenue Fund 21121, Commercial Industrial and Residential Sewer Use Administrative Organization 116711 and disposal costs to be made to the Chemical Disposal Fund 21129, Household Hazardous Waste Facility Organization 116925. Section 5. That this Ordinance, being administrative in character shall take effect and be in full force upon the date of its passage. INTRODUCED BY COUNCILMEMBER iPsIv I APPROVED BY: o /� PASSED AUG Z 3 20' 7 AYOR OF THE CITY OF OMAHA ATTEST: CI CLERK OF TH CITY OF OMAHA D 4 APPROVE AS TO FORM: 7 f-. 2)00,./ � -ITY ATTORNEY DATE 1148hra INTERLOCAL AGREEMENT THIS AGREEMENT Is made and entered into by and among the City of Omaha, hereinafter referred to as Omaha, and Douglas County, hereinafter referred to as Douglas, and Sarpy County, hereinafter referred to as Sarpy. The term Region shall refer to the combined area of Douglas,and Sarpy County. WHEREAS, Omaha, Douglas, and Sarpy entered into an agreement under the Interlocal Cooperation Act in August of 2001,which established terms under which Omaha would pursue grant funding and provide property and staffing; and WHEREAS,Omaha, Douglas, and Sarpy have all provided funding and/or resources for the construction of a Household Hazardous Waste (HHW)collection facility, and operation of an HHW facility for residents of Douglas and Sarpy,and WHEREAS,a state of the art HHW collection facility has been built on Omaha's property located at 4001 S. 120th Street and became fully operational in the spring of 2005 and WHEREAS,Omaha, Douglas, and Sarpy agree that the need for the services provided by such a facility,to help manage the HHW generated in the jurisdiction,will continue into the future, and WHEREAS,the parties to this agreement desire that Omaha continue to be the administrative agent for a HHW facility servicing the Region. NOW,THEREFORE, in consideration of the mutual covenants and promises contained herein, it is agreed as follows 1. AUTHORITY: This Agreement is made pursuant to authority provided in the Nebraska Interlocal Cooperation Act(Neb Rev Stat§13-801). This Agreement shall not create any separate legal or administrative entity. It shall be administered 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 this Agreement. There shall be no jointly held property as a result of this Agreement. The Agreement shall either be terminated or extended upon expiration of the term stated in this Agreement, unless the parties consent in writing to an earlier termination. Upon termination,each party shall retain ownership of the property it owns at the time of termination. This Agreement does not authorize the levying,collecting or accounting of any tax. 2. TERM OF AGREEMENT: This agreement shall become effective on the date the last signature is applied, and shall remain in effect for five (5) years with a five(5)year extension that is mutually agreeable to all parties involved as provided herein or until it is terminated as provided herein. 3. SCOPE OF PROGRAM: Omaha shall continue, on behalf of the Region,to operate the HHW facility. Omaha, Douglas and Sarpy shall contribute toward the funding of the HHW facility operations in accordance with the formula set out in this Agreement. Omaha shall submit applications to the Nebraska Department of Environmental Quality("NDEQ")or other grant agencies for grants or other moneys to supplement the funding of the operation of the HHW collection facility. The receipt of such grants or other moneys shall not reduce or otherwise change the contributions of the parties under Section 4 below, unless agreed upon in writing by all parties. 4. CONTRIBUTIONS: Omaha, Douglas and Sarpy shall all contribute funds toward the operation of the HHW facility. Omaha shall invoice the Counties for reimbursement under this Agreement. Payment shall be made within 30 days of invoice. Each party's Total Cost Share is based on the sum of the salary and benefits of one City of Omaha Environmental Inspector (El)starting at the 2016 C step and increasing annually by 4%, plus one third (1/3) of the actual disposal costs. The 2017 total annual contribution is expected to be around $106,800 by each party. Omaha will invoice Douglas and Sarpy Counties on a quarterly basis for the El contribution. Disposal costs will be paid in arrears, and will be invoiced in the first quarter of the following year, thus, starting in 2018.Omaha will make payments from the Household Hazardous Waste enterprise fund as they are incurred. 5. SITE LOCATION: Omaha shall operate the Omaha-owned "Under the Sink" facility located near 120th and I Streets, at 4001 S. 120th Street, consisting of approximately 5.3 acres for use as a HHW collection and processing facility. Ownership of the property and subsequent improvements shall remain Omaha's unless otherwise provided for in amendments to this agreement 6. STAFFING: Omaha shall provide staffing, utilities, repairs and maintenance for the operation of the facility. Omaha shall be reimbursed for such costs attributable to the operation of the facility from the funds described above. 7. TERMINATION: This Agreement may be terminated at any time by any two of the parties and for any reason on three hundred and sixty(360) days written notice to the other party. Any one of the parties may withdraw from the agreement for any reason on one hundred eighty(180) days written notice to the other parties. 8. EXTENSION:This agreement may be extended for five (5)years beyond the expiration date. All of the parties must mutually agree to extend the agreement by written notice to the other parties and must do so one hundred eighty (180) days prior to expiration of the agreement. 9. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed original, but all of which together shall constitute one and the same instrument. Counterpart copies of this Agreement, as executed, shall be maintained by Omaha. 10. NONDISCRIMINATION: In accordance with the Nebraska Fair Employment Practice Act, Neb Rev Stat §48-1122, the Parties hereto agree that neither they nor any of their contractors or agents shall discriminate against any employee, or applicant for employment to be employed or others in the performance of this agreement, with respect to hire,tenure, terms, conditions, or privileges of employment or use and enjoyment of the facilities because of the race, color, religion, sex, disability, political affiliation or national origin of the employee or applicant or user. Drug Free Policy: All parties agree that all Contractors will establish and maintain a drug free workplace policy. 11. MISCELLANEOUS: The parties to this agreement shall meet at least annually to discuss program matters of concern. The meetings shall be upon mutual agreement of the parties. The individuals listed below shall be named as representatives of their respective organizations and authorized to make administrative decisions consistent with the plans, recommendations and mission statement in the HHW studies already performed. Administrative Agents are hereby appointed For Omaha Nina Cudahy, Environmental Quality Control Manager City of Omaha Public Works 5600 S 10th Street Omaha, NE 68107 nina.cudahy@cityofomaha.org For Douglas County Kent Holm, Director, Douglas County Environmental Services 3015 Menke Circle Omaha, NE 68134 kent.holm@douglascounty-ne.gov For Sarpy County Mark Wayne, Sarpy County Administrator 1210 Golden Gate Drive Papillion, NE 68046 markw@sarpy.com 9dayEXECUTED BY DOUGLAS this oC of , 2016. ATTEST: DOUGLAS COUNTY, NEBRASKA: awe✓ � �� Douglas County Clerk Chair an of the Douglas County Board APPROVED AS TO FORM: Deputy County Attorney 0 cc c.7 0 2016-254 BOARD OF COUNTY COMMISSIONERS SARPY COUNTY,NEBRASKA WHEREAS,the State of Nebraska has enacted the Environmental Protection Act and the Integrated Solid Waste Management Act, which, in Neb. Rev. Stat. §13-2023, et seq., which grants Sarpy County the authority to enact reasonable rules and regulations regarding waste management; and, WHEREAS,pursuant to Neb. Rev. Stat. §23-103,the powers of the County as a body are exercised by the County Board; and, WHEREAS,an agreement has been proposed pursuant to the Interlocal Cooperation Act, Neb. Rev. Stat. §13-801,et seq.,for the operation and funding of the Household Hazardous Waste Facility,also known as "Under the Sink"for Douglas and Sarpy Counties and the City of Omaha. NOW, THEREFORE, BE IT RESOLVED by the Sarpy County Board of Commissioners that the Interlocal•Agreement for the operation and funding of the Household Hazardous Waste Facility,a copy of which is attached hereto, is hereby approved,and the Chairman and the Clerk are hereby authorized to sign the same The above and foregoing Resolution was duly approved by a vote of the Sarpy County Board of Commissioners at a public meeting duly held in accor'.nce 'th applicable law on this iqihda of July,2016. v . G�G�11PUtiG,Cpy0� • S i 4 Chairman, Sarpy County Bo Sa ,1froll1" 'K: ? 1 4,• UWTY. , IN WITNESS WHEREOF,this Agreement is entered into by the parties pursuant to resolutions duly adopted by their respective governing boards. EXECUTED BY SARPY this I Cday of -St' , 2016. ATTEST: ;--vOC32HT474,',,- SARPY UNTY, NEBRASKA: Lit ` t_. ii�; �L i .��_ ik. .. o,., ., Sa t y INF %% Y,NEBRA Chairman of the Sarpy Count oard /27,2--,--- County Attorney EXECUTED BY OMAHA this __ t ofael.efIdft74 2016. ATTEST: CITY OF OMAHA: 411) -01° City Clerk Mayor APPROVED AS TO FORM: Deputy City Attorney ORDINANCE NO. rags-3 ' AN ORDINANCE approving an Interlocal Agreement between the City of Omaha, Douglas County, and Sarpy County involving the disbursement and receipt of money involving appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for the terms and conditions under which Omaha is to cooperate with Douglas County and Sarpy County to provide Household Hazardous Waste services for the residents of Douglas and Sarpy County; to authorize the Finance Department to disburse and receive a cost share from Douglas County and Sarpy County not to exceed $106,800 annually per participant according to the schedule contained within the Agreement; and to provide an effective date hereof. 1148Bhra PRESENTED TO COUNCIL 1st R9�adiw PUBLICATIONS Hea ing AUG 1 G 2016 _ ,�� PUBLICATION�j OF HEARING Date '+.J ^ 1 -D\— 16 Final Reading AUG 2 a 2016 PUBLICATION OF ORDINANCE Passed Date _ 3\ BUSTER BROWN City Clerk "NOTICE TO PUBLIC" THE DAILY RECORD The following Ordinance has been set for OF OMA.HA City Council Hearing on August 16, 2016, at 2:00 p.m.: AN ORDINANCE approving an Interlocdl LYNDA K. HENNINGSEN, Publisher Agreement between the City of Omaha, Douglas County,and Sarpy County involving PROOF OF PUBLICATION the disbursement and receipt of money involving appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956,as amended;to ' UNITED STATES OF AMERICA, provide for the terms and conditions under The State of Nebraska, which Omaha is to cooperate with Douglas SS. County and Sarpy County to provide District of Nebraska, Household Hazardous Waste services for the Countyof Douglas, residents of Douglas and Sarpy County; to g authorize the Finance Department to disburse City of Omaha, and receive a cost share from Douglas County and Sarpy County not to exceed $106,800.00 annually per participant J.BOYD according to the schedule contained within the Agreement; and to provide an effective being duly sworn,deposes and says that she is date hereof. BUSTER BROWN,City Clerk LEGAL EDITOR 8-12-16 of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on August 12, 2016 That said Newspaper during that time w:: published and in general circulation in the County of Dou: d to of Nebraska. I 4 GENERAL NOTARY-State of Nebraska c�- ��fli NOELLE E HOEFT Subscribed' my .resence and sworn to before My Comm.Exp. ally®,2020 12th PixTilisneF me this day of Additional Copies $ AU_USt 246 Total ,22.10 f„�0/ l i �: . . Idp Notary Public n a for Douglas County, State of Nebraska ORDINANCE NO. g40853THE DAILY RECORD AN ORDINANCE approving annInterlocal Agreementouglas between the City Coo n f involving OF OMAHA Douglas County, and Sarpy County 9 the disbursement and receipt of money " involving appropriations of more than one LYNDA K. HENNINGSEN, Publisher year in accordance with Section 5.17 of the Home Rule Charter of 1956,as amended;to PROOF OF PUBLICATION provide for the terms and conditions under which Omaha is to cooperate with Douglas County and Sarpy County to provide Household Hazardous Waste services for the UNITED STATES OF AMERICA, residents of Douglas and Sarpy County; to The State of Nebraska, SS. and ree thive a cosce Department fro to disburDouglas District of Nebraska, and receive a cost share from Douglas County and Sarpy County not to exceed County of Douglas, $106,800.00ccordingannuallye per participant hin City of Omaha, according to the schedule contained within the Agreement; and, to provide an effective date hereof. J.BOYD SUMMARY: AN ORDINANCE approving an Interlocal Agreement between the City of Omaha, being duly sworn,deposes and says that she is Douglas County, and Sarpy County involving the disbursement and receipt of money LEGAL EDITOR involving appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956,as amended; to of THE DAILY RECORD, of Omaha, a legal newspaper, printed and provide for the terms and conditions under published daily in the English language, having a bona fide paid which Omaha is to cooperate with Douglas County and Sarpy County to provide circulation in Douglas County in excess of 300 copies, printed in Household Hazardous Waste services for the Omaha,in said County of Douglas,for more than fifty-two weeks last residents of Douglas and Sarpy County; to authorize the Finance Department to disburse past; that the printed notice hereto attached was published in THE and receive a cost share from Douglas County and Sarpy County not to exceed DAILY RECORD,of Omaha,on $106,800.00 annually per participant August 31, 2016 according to the schedule contained within the Agreement; and, to provide an effective date hereof. PASSED:August 23,2016,7-0 APPROVED BY: JEAN STOTHERT 08/25/2016 MAYOR OF THE CITY OF OMAHA That said Newspaper during that time was y p •fished and BUSTER BROWN, e of Nebraska. City Clerk in feneral circulation in the County of Douglas t GENERAL NOTARY-State of Nebraska 8-31-16 �fl ELLEN FREEMAN Subscribed in m resence and sworn to before f My Comm.Exp.Dgc511,V)17 31 st Publisher's Fee $ y met day of Additional Copies $ ,, August 2d 6 Total $35.90 No ry blic in and for Douglas County, State of Nebraska