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RES 2016-1376 - Interlocal Missouri River Levee System Protection Project i OMAHA''�'A F 8 u��ci� 1 � '\; w I Public Works Department a�;��� �k Omaha/Douglas Civic Center TIP 1 �0 h October 4 2016 I� al a 1819 Famam Strut,Suite 601 1'� -'' � , �^"�` ? Omaha,Nebraska 68183-0601 oti . 7 ! t �.. � :" k ok'41, 0,1- (402)444-5220 PD FEBR Fax (402)444-5248 City of Omaha Robert G. Stubbe,P.E. Jean Stothert,Mayor . k _, r " Public Works Director Honorable President and Members of the City Council, Transmitted herewith is an Ordinance approving an Interlocal Cooperation Act Agreement with the City of Bellevue, Sarpy County, and Papio-Missouri River Natural Resource District for the maintenance of units of the Missouri River Levee System and avoid the loss of Federal Emergency Management Agency accreditation. The City of Omaha's participation in the Interlocal Agreement will be associated under a project known as OPW 53042, being the Missouri River Levee System Protection Project—Offutt AFB. This Agreement allows for the City of Bellevue, Sarpy County, Papio-Missouri River Natural Resource District, and the City of Omaha to contribute to the cost of this project. The Agreement defines the terms, conditions, and schedule for which these parties will share this cost. The City of Omaha will provide a cost share estimated to be $750,000.00 annually to be paid from the Sewer Revenue Improvements Fund 21124. The Public Works Department requests your consideration and approval of the attached Ordinance and Interlocal Cooperation Act Agreement. Respectfully submitted, Referred to City Council for Consideration: 9.-r 3--/, �.�A�.-=-.-S �� of/2:V1' Robert G. Stubbe, P.E. Date Mayor's Office Date Public Works Director Approved: 17:-;:i A ,67.4. S ephe . Curtiss ate Finance Director VD 1171hra ORDINANCE NO. aer AN ORDINANCE approving an Interlocal Cooperation Act Agreement between the City of Omaha, City of Bellevue, Sarpy County, and Papio-Missouri River Natural Resource District involving the disbursement 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 these parties to participate in the maintenance of units of the Missouri River Levee System and avoid the loss of Federal Emergency Management Agency accreditation in a project known as OPW 53042, being the Missouri River Levee System Protection Project — Offutt AFB; to authorize the Finance Department to disburse a cost share not to exceed $750,000.00 annually 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 approved a Memorandum of Understanding between the City of Omaha, City of Bellevue, Sarpy County, and the Papio- Missouri River Natural Resource District by Council Resolution 1522 on December 8, 2015 regarding the necessity of funding for the Missouri River Levee System Protection Project— Offutt AFB. Section 2. That the City Council of the City of Omaha hereby approves the Interlocal Cooperation Act Agreement between the City of Omaha, City of Bellevue, Sarpy County, and Papio-Missouri River Natural Resource District, which by this reference is made a part hereof, that outlines the terms and conditions under which Omaha will assist in the maintenance of the Missouri River Levee System Units R-616 and R-613. ORDINANCE NO. 4/09g/ PAGE 2 Section 3. The Finance Department is authorized to disburse funds 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 4. That the City of Omaha shall incur a cost share estimated to be $750,000.00 annually from December 2016 to December 2019 with costs to be paid from the Sewer Revenue Improvements Fund 21124. 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 APPROVED BY: PASSED OCT 2 5 2016 o_0 MAYOR OF THE CITY OF OMAHA D TE ATTEST: CIT CLERK OF H CITY OF OMAHA A APPROVED AS TO FORM: ITY ATTORNEY DATE 1170hra CITY OF OMAHA,NEBRASKA CITY OF BELLEVUE, NEBRASKA SARPY COUNTY,NEBRASKA PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT INTERLOCAL COOPERATION ACT AGREEMENT MISSOURI RIVER LEVEE SYSTEM UNITS R-616 AND R-613 OFFUTT AIRFORCE BASE FLOOD PROTECTION This Interlocal Cooperation Act Agreement ("AGREEMENT") is hereby entered into by the CITY OF OMAHA, NEBRASKA ("Omaha"), the CITY OF BELLEVUE, NEBRASKA ("Bellevue"), SARPY COUNTY, NEBRASKA ("the County") and the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT ("the NRD") (referred to collectively as "the PARTIES"). WHEREAS,the NRD, as local sponsor, operates and maintains the Missouri River Levee System Units R-616 and R-613 (the"Levee System"), 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 County, and Bellevue; WHEREAS, included in the area protected by the Levee System is critical infrastructure including, but not limited to, Offutt Air Force Base and Omaha's Papillion Creek Waste Water Treatment Plant; WHEREAS, the Levee System is at risk of losing its Federal Emergency Management Agency ("FEMA") accreditation status; WHEREAS, 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 reconstruction and upgrading to satisfy the FEMA certification requirements and retain its FEMA accreditation; WHEREAS, the NRD has retained a registered professional engineering firm (the "Engineer") to design and develop plans for the reconstruction and upgrading of the Levee System in compliance with FEMA and USACE requirements (the "Plans"); and, WHEREAS,this agreement("AGREEMENT") is made pursuant to authority provided in the Nebraska Interlocal Cooperation Act (§§ 13-801, R.R.S., 1943, et seq.), and without any separate legal entity being created, to conduct the joint and cooperative undertaking OMA-414402-5 1 contemplated herein, and whenever possible, this AGREEMENT shall be construed in conformity with such Act. NOW. THEREFORE. in consideration of their mutual covenant hereinafter expressed. the PARTIES agree as follows: Section 1. Offutt Levee Fund. The PARTIES agree to and do hereby create an Offutt Levee Fund ("OFFUTT LEVEE FUND") to receive funds from the PARTIES to provide funding for the reconstruction and upgrading of the Levee System to satisfy FEMA and USACE requirements and retain FEMA accreditation (the "PROJECT"). The NRD shall administer the OFFUTT LEVEE FUND, for the purposes of this Agreement and for the benefit of the PARTIES and the PROJECT. Section 2. Individual Contributions. The PARTIES agree to individually contribute the following maximum amounts to the OFFUTT LEVEE FUND for the PROJECT: a) NRD - $5,000,000 b) Omaha - $3.000,000 c) Bellevue - $3,000,000 d) County - $3,000,000 It is understood by the PARTIES that the individual contribution amounts detailed in this section for Omaha, Bellevue, and the County will not be exceeded without further agreement of the PARTIES. Additionally. it is understood by the PARTIES that the individual contribution amounts detailed in this section for Omaha, Bellevue, and the County will be paid, in proportional amounts. out of the OFFUTT LEVEE FUND in the form of reimbursements for costs incurred by the NRD for the PROJECT. The PARTIES will be permitted to spread said contributions over a four (4) year period of time as provided in Section 5, herein. Section 3. Project Management. The PARTIES agree that the NRD will manage the Project without obligation to seek approval from any individual party in regards to the PROJECT. The NRD shall supply the PARTIES with a copy of the Plans for the Project. Section 4. Cooperation. The PARTIES agree and understand that cooperation and approval of certain other governmental and other third parties will be required for the PROJECT and to otherwise carry out the intent of this AGREEMENT. The PARTIES agree to support one another and cooperate, in writing or as otherwise required and/or appropriate with respect to the foregoing, including with respect to any negotiations, discussions, meetings or hearings related to the foregoing and to otherwise carry out the intent of this AGREEMENT. Section 5. Cost Sharing: The PARTIES do hereby adopt the following plan for paying and reimbursing the costs of the PROJECT: OMA-4I4402 5 2 On or before the first day of December 2016, 2017, 2018 and 2019 the PARTIES shall make contributions to the OFFUTT LEVEE FUND in the following amounts, to-wit: NRD: $1,250,000 Omaha: $750,000 Bellevue: $750,000 County: $750,000 Invoices for PROJECT costs will be submitted to the OFFUTT LEVEE FUND on a monthly basis, or as necessary to facilitate timely payments as directed by the PROJECT Administrator. All invoices, payments, and other records of the OFFUTT LEVEE FUND shall be available for inspection by all PARTIES without cost. Section 6. Indemnifications. Each of the PARTIES agrees to indemnify and hold harmless the other PARTIES from and against any and all claims, demands and causes of action for damages to the person or property of third persons arising out of the comparative negligence of the indemnifying party in its performance of any of the covenants of this AGREEMENT. Section 7. Effective Date of Agreement: This AGREEMENT shall become effective upon execution by all PARTIES. Section 8. Duration of Agreement: This AGREEMENT shall have permanent duration, unless or until terminated by any of the PARTIES as provided herein. Section 9. Termination. Upon accomplishment of the aforesaid purposes of the PROJECT, this AGREEMENT may be terminated by any of the PARTIES upon 90 days' notice to the other PARTIES. Such termination shall not affect any rights of reimbursement under this AGREEMENT for actions taken or responsibilities assumed by another of the PARTIES pursuant to this AGREEMENT. Section 10. Disposal of Property: Upon termination of this AGREEMENT, any marketable property remaining in the hands of any of the PARTIES, that was acquired by the application of shared funds contributed by the PARTIES, shall be sold at public sale and the proceeds thereof distributed to the PARTIES in the proportions provided by this AGREEMENT for their contributions towards the shared PROJECT costs. Section 11. Administrator: Except as may be otherwise provided herein, the General Manager of the NRD shall be the administrator of the PROJECT, on behalf and subject to the direction of the Board of Directors of the NRD. Section 12. Notices: Any notices or other communications to be given hereunder shall be in writing, and sent by U.S. postage or by hand delivery, by express courier service, by facsimile with proof of transmission or electronic mail to the PARTIES at the addresses stated OMA-414402-5 3 below or such other address as a PARTY may designate in writing to the other PARTY from time to time: NRD: John Winkler, General Manager Papio-Missouri River Natural Resources District 8901 S. 154th Street Omaha,NE 681 38-6222 With a copy to: Husch Blackwell LLP 13330 California Street Suite 200 Omaha,NE 68154 Attn: Steve Grasz Omaha: Robert Stubbe, Director City of Omaha Public Works Department 1819 Farnam St., Suite 600 Omaha.NE 68183 Bellevue: Dan Berlowitz, City Administrator City of Bellevue 210 West Mission Ave. Bellevue.NE 68005 Sarpy County: Mark Wayne, County Administrator Sarpy County Administration 1210 Golden Gate Drive, Suite 1 126 Papillion,NE 68046 Section 13. Additional Terms and Conditions. (a) This Memorandum is for the sole benefit of the PARTIES and will be governed and construed in accordance with the laws of the State of Nebraska. (b) This AGREEMENT may be executed simultaneously in several counterparts, each of which shall be deemed to be an original and all of which shall constitute but one and the same instrument. Email/scan copies or facsimile copies of this AGREEMENT will be deemed original copies. Section 14. Interlocal Cooperation Act Provisions: This AGREEMENT shall not create any separate legal or administrative entity. While the PROJECT and the OFFUTT LEVEE FUND shall be administered by the NRD, this AGREEMENT 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. Upon termination, each party shall retain ownership of the property it owns at the time of OMA-414402-5 4 termination. This AGREEMENT does not authorize the levying, collecting or accounting of any tax. IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT as of the Effective Date. PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT By: Name: Title: THE CITY OF OMAHA By: ` — /a D/G ATTESTS )q,'I (dZ1„t Name: ` Title: � q,, �;.�,� /4►�11, --t km -City Clerk ~�W THE CITY OF BELLEVUE By: Name: Title: APPR VED AS TO FORM: OMA-414402-5 5 &/(A' DEPUTY CITY ATTORNEY Al .5- ORDINANCE NO. 709, AN ORDINANCE approving an Interlocal Cooperation Act Agreement between the City of Omaha, City of Bellevue, Sarpy County, and Papio-Missouri River Natural Resource District involving the disbursement 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 these parties to participate in the maintenance of units of the Missouri River Levee System and avoid the loss of Federal Emergency Management Agency accreditation in a project known as OPW 53042, being the Missouri River Levee System Protection Project— Offutt AFB; to authorize the Finance Department to disburse a cost share not to exceed $750,000.00 annually according to the schedule contained within the Agreement; and to provide an effective date hereof. PRESENTED TO COUNCIL 11706hra 1s0i / ' . W/if/ � PUBLICATIONS Hearing OCT 1 8 2016 -d��, eio /©fry PUBLICATION OF HEARING Date 10—' 0_ 6 Final Reading OCT 2 5 2016 I PUBLICATION OF ORDINANCE Passed (; —O Date 1 — a \G BUSTER BROWN City Clerk "NOTICE TO PUBLIC" THE DAILY RECORD The following Ordinance has been set for ' OF OHA City Council Hearing on October 18,2016, at 2:00 p.m.: LYNDA K. HENNINGSEN, Publisher AN ORDINANCE approving an Interlocal Cooperation t of evu between the County, PROOF OF PUBLICATION of Omaha, City of Bellevue,vr raPY and Papio-Missouri River Natural Resource District involving the disbursement of money involving appropriations of more than one UNITED STATES OF AMERICA, year in accordance with Section 5.me7 of the The State of Nebraska, Home Rule herter of and as amended;to ss, ice for the terms oop rte conditions utheerse District of Nebraska, which Omaha is to cooperate with these parties to participate in the maintenance of County of Douglas, unitsiof the loss River LeveeralEmergency and City of Omaha, avoid the loss of Federal Emergency Management Agency accreditation in a project known as OPW 53042, being the J.BOYD Missouri River Levee System Protection Project—Offutt AFB;to authorize the Finance being duly sworn,deposes and says that she is Department to disburse a cost share not to exceed $750,000.00 annually according to LEGAL EDITOR the schedule contained within the Agreement;and,to provide an effective date hereof. BUSTER BROWN, of THE DAILY RECORD, of Omaha, a legal newspaper, printed and City Clerk published daily in the English language, having a bona fide paid I0-I0-I6 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 noticehereto attached was published in THE DAILY RECORD,Vetom ber 10,2016 That said Newspaper during that time w l published and to of Nebraska• in general circulation in the County of Dou d GENERAL NOTARY-State r f f ebrrio! `" a' ELLEN FREEMAN I Subscribed in ence and sworn to before My Comm.Exp. t ®%A' _. Publisher's Fee $ meAthis day of tober 16 20 Additional Copies 24.50 Total $ No ry Public in and for Douglas County, State of Nebraska ORDNANCE NO.40904 THE DAILY RECORD AN ORDINANCE approving an Interlocal Cooperation Act Agreement between the City of Omaha, City of Bellevue, Sarpy County, OF OMAHA and Papio-Missouri River Natural Resource District involving the disbursement of money involving appropriations of more than one LYNDA K. HENNINGSEN, Publisher ear in leaccordance wof S6 as m5.17 of thet PROOF OF PUBLICATION Home Rule Charter of 1956,as amended; to provide for the terms and conditions under which Omaha is to cooperate with these parties to participate in the maintenance of UNITED STATES OF AMERICA, units of the Missouri River Levee System and The State of avoid the loss of Federal Emergency Nebraska, SS. Management Agency accreditation in a District of Nebraska, project known as OPW 53042, being the Missouri River Levee System Protection County of Douglas, Project—Offutt AFB;to authorize the Finance City of Omaha, Department to disburse a cost share not to exceed $750,000.00 annually according to the schedule contained within the J.BOYD Agreement;and,to provide an effective date hereof. being duly sworn,deposes and says that she is SUMMARY: AN ORDINANCE approving an Interbcal Cooperation Act Agreement between the city LEGAL EDITOR of Omaha, City of Bellevue, Sarpy County, and Paolo-Missouri River Natural Resource of THE DAILY RECORD, of Omaha, a legal newspaper, printed and District involving the disbursement of money published daily in the English language, having a bona fide paid involving appropriations of more than one year in accordance with Section 5.17 of the circulation in Douglas County in excess of 300 copies, printed in Home Rule Charter of 1956,as amended;to Omaha,in Countyas provide for the terms and conditions under said of Douglas, more than fifty-two weeks last which Omaha is to cooperate with these past; that the printed notice hereto attached was published in THE parties to participate in the maintenance of units of the Missouri River Levee System and DAILY RECORD,of Omaha,on avoid the loss of Federal Emergency November 2 2016 Management Agency accreditation in a project known as OPW 53042, being the Missouri River Levee System Protection Project—Offutt AFB;to authorize the Finance Department to disburse a cost share not to exceed $750,000.00 annually according to the schedule contained within the Agreement;and,to provide an effective date That said Newspaper during that time w: 1 published and hereof. PASSED:October 25,2016,6-0 in general circulation in the County of Doug 'A d ate of Nebraska. APPROVED BY:JEAN STOT-IERT 10/27/2016 j i r,L MAYOR OF THE EL,E`J r EL. .rfvi! CITY OF OMAHA - h r D„ 1 '2,17 Subscribed in •nee a . sworn to before BUSTER BROWN, �= City Clerk Publisher's Fee $ me thi F' day of 11 2 16 Additional Copies $ November 2016 Total $40.10 l No ry Public in and for Douglas County, State of Nebraska