RES 2017-1329 - Interlocal Steambed Degradation Study •
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City of Omaha ii " a;i i : N:`r 1.. e t ' Robert G.Stubbe,P.E.
Jean Stothert,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving an Interlocal Cooperation Agreement with the
Papio-Missouri River Natural Resource District (PMRNRD) for participation to fund a Streambed
Degradation Study performed by the United States Army Corps of Engineers (USACE)as Section
22 Planning Assistance to States(PAS), with PMRNRD as the lead agency.
This Agreement will allow the City to participate with PMRNRD, in developing and setting forth
cost-shares for the study and define the terms and conditions.
The City of Omaha will provide a cost share not to exceed $25,000.00 for the study expenses, •
and the PMRNRD will be responsible for the remaining costs. The City's local share for this study
will be paid from the 2014 Environment Bond Fund 13124, Environmental Bonds Organization
117217.
The Public Works Department requests your consideration and approval of the attached
Resolution.
Respectfully submitted, Referred to City Council for Consideration:
. ataj—lj;t14-"L, //- iG-/7 1--AA,...--6. L�
Robert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Approved:
•
C/ C4—_-- /i 20 I7
Stephe . Curtiss ate
Finance Director p
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4
INTERLOCAL COOPERATION ACT AGREEMENT
USACE SECTION 22 STREAMBED DEGRADATION STUDY
BETWEEN
THE CITY OF OMAHA,
AND
THE PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT
This Interlocal Cooperation Agreement("Agreement") is hereby made by and between the
CITY OF OMAHA ("Omaha"), a municipal corporation organized and existing under the laws of
the State of Nebraska and the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT.
("District"), a natural resources district organized and existing under the laws of the State of
Nebraska, (collectively referred to as the"Parties").
WHEREAS, District and Omaha desire to seek funding from the United States Army Corps
of Engineers("USACE") Section 22, Planning Assistance to States program ("Section 22 Study");
and
WHEREAS, in order to serve their mutual interests and pursuant to the authority granted
to the Parties by the Nebraska Interlocal Cooperation Act(Neb. Rev. Stat. §§ 13-801, et seq.), the
Parties desire to enter into this Agreement to delineate and provide for their specific rights and
obligations, with respect to funding and completion of the USACE Section 22 Study.
WHEREAS, District and Omaha anticipate that the USACE Section 22 Study will consist
of two phases: Phase I and Phase II.
WHEREAS, the Papillion Creek Watershed Partnership will also make contributions to
pay for the USACE Section 22 Study.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the Parties do hereby mutually undertake, promise, agree, and contract each for
itself and its successors and assigns as follows:
Section 1. Purpose. The purpose of this Agreement is to specify the terms and
conditions upon which the Parties will apply for funding,and complete the work necessary for the
USACE Section 22 Study.
Section 2. Term. This Agreement shall commence on the date of its signing and will
terminate on September 30, 2022. This Agreement may be extended, on the same terms and
conditions, for an additional one(1)year term, upon mutual written agreement of the Parties. This
Agreement may be terminated prior to September 30,2022, upon mutual written agreement of the
Parties.
Section 3. Rights,Duties and Obligations of the District. The District agrees to:
A. Enter into a Planning Assistance to States Agreement with the USACE, act as the
lead administrator for the USACE Section 22 Study, and reimburse USACE for 50%of the study
OMA-455824-1
costs,through the in-kind hours expended and contributions of the Parties as outlined below, up to
a maximum of one hundred thousand dollars ($100,000);
B. Document in-kind hours expended toward the completion of the USACE Section
22 Study, and submit documentation according to USACE guidelines; and
C. Be responsible for twenty-five percent (25%) of the local costs, up to a maximum
of twenty-five thousand dollars ($25,000), contribution of District funds for costs associated with
the USACE Section 22 Study.
Section 4. Rights,Duties, and Obligations of Omaha. Omaha agrees to:
A. Document in-kind hours expended toward the completion of the USACE Section
22 Study, and submit documentation to the District; and
B. Be responsible for twenty-five percent (25%) of the local costs, up to a maximum
of twenty-five thousand dollars ($25,000), reimbursement to the District for costs associated with
the USACE Section 22 Study.
Section 5. Payment of Contributions. Contributions pursuant to this Agreement
from Omaha to the District towards the costs of the USACE Section 22 Study shall be due within
45 days after receipt by Omaha of a written invoice itemizing the respective costs of the Section
22 Study for which contributions from Omaha are sought under this Agreement.
Section 6. Cooperation. The Parties agree and understand that cooperation and
approval of certain other governmental and other third parties will be required for USACE Section
22 Streambed Degradation Study 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 7. Indemnification. 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 8. Additional Terms and Conditions.
A. Nondiscrimination. The Parties hereto shall not, in the performance of this
Agreement,discriminate or permit discrimination by any of their 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.
B. Separate Legal or Administrative Entity. This Agreement does not establish any
separate legal or administrative entity.
OMA-455824-1
C. Captions. Captions used in this Agreement are for convenience.
D. Applicable Law. Parties to this Agreement shall conform with all existing and
applicable city ordinances, resolutions, state and local laws, federal laws, and all existing and
applicable rules and regulations. Parties agree that any consultants or contractors retained for the
Giles Road to Millard Expansion shall comply with the Equal Opportunity Clause and LB 403 as
set forth in Exhibits A-1 and A-2. Nebraska law will govern the terms and the performance under
this Agreement.
E. Interest of the Parties. The Parties to this Agreement covenant that they presently
have no interest and shall not acquire any interest, direct or indirect, which would conflict with
their performance under this Agreement.
F. 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 Giles Road to Millard Expansion not expressly contained herein.
G. Amendments. This Agreement may be amended upon the actions of the Parties if
done so in writing.
H. Effective Date. This Agreement shall become effective upon execution by all
Parties.
1. 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.
J. 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 a Party may hereafter designate to the
other Parties 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.
K. 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.
L. 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.
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.
OMA-455824-I
t
PAPIO-v ISSO RI RIVER NATURAL
RESOU'CES n ISTRICT
By:
Name: J A.-
Title: 6- ,...e1 /hero -
Date:
THE CITY OF OMAHA
BY: 1 --- V ÷Q- 1
Name: 3e:t,rn Se/r
Title: \\AC0
Date: 1
OMA-455824-1
Exhibit A-1
EQUAL OPPORTUNITY CLAUSE
During the performance of this contract,the contractor agrees as follows:
1. The contractor shall not discriminate against any employee applicant for employment because of race,religion,
color, sex, age,sexual orientation,gender identity,disability or national origin. The contractor shall ensure that
applicants are employed and that employees are treated during employment without regard to their race,religion,
color,sex,age,sexual orientation,gender identity,disability or national origin.As used herein,the word"treated"
shall mean and include,without limitation,the following: recruited,whether by advertising or by other means;
compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded;
transferred; laid off; and terminated. The contractor agrees to and shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officers setting forth the
provisions of this nondiscrimination clause.
2. The contractor shall,in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race,religion,color,
sex,sexual orientation,gender identity or national origin,age,disability.
3. The contractor shall send to each representative of workers with which he has a collective bargaining agreement
or other contract or understanding a notice advising the labor union or worker's representative of the contractor's
commitments under the equal employment opportunity clause of the city and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
4. The contractor shall furnish to the human rights and relations director all federal forms containing the information
and reports required by the federal government for federal contracts under federal rules and regulations,including
the information required by section 10-192 to 10-194,inclusive,and shall permit reasonable access to his records.
Records accessible to the human rights and relations director shall be those which are related to paragraphs(1)
through (7) of this subsection and only after reasonable notice is given the contractor. The purpose of this
provision is to provide for investigation to ascertain compliance with the program provided for herein.
5. The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of
enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for
noncompliance;however, in the event the contractor becomes involved in or is threatened with litigation as the
result of such directions by the city,the city will enter into such litigation as is necessary to protect the interests
of the city and to effectuate these provisions of this division; and in the case of contracts receiving federal
assistance, the contractor or the city may request the United States to enter into such litigation to protect the
interests of the United States.
6. The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the contractor
in the same form and to the same extent as required by the federal government for federal contracts under federal
rules and regulations. Such compliance reports shall be filed with the human rights and relations director.
Compliance reports filed at such times as directed shall contain information as to the employment practices,
policies,programs and statistics of the contractor and his subcontractors.
7. The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal employment
opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be
binding upon each subcontractor or vendor.
OMA-455824-I
Exhibit A-2
E-VERIFY
LB 403 Contract Provisions -
NEW EMPLOYEE WORK ELIGIBILITY STATUS
The Contractor is required and hereby agrees to use a federal immigration verification system to
determine the work eligibility status of new employees physically performing services within the
State of Nebraska. A federal immigration verification system means the electronic verification of
the work authorization program authorized by the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent
federal program designated by the United States Department of Homeland Security or other federal
agency authorized to verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship, the following applies:
The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne.us.
If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify
the Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements (SAVE) Program.
The Contractor understands and agrees that lawful presence in the United States is required and
the Contractor may be disqualified or the contract terminated if such lawful presence cannot be
verified as required by Neb. Rev. Stat. §4-108.
OMA-455824-1
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 fund a Streambed Degradation Study performed by the United States Army
Corps of Engineers (USACE) as Section 22 Planning Assistance to States (PAS), with P-MRNRD
as the lead agency; and,
WHEREAS, the parties desire to enter into the attached Interlocal Cooperation Agreement -
for this project, which by this reference is made part hereof, which delineates the roles and
responsibilities of the City of Omaha and the PMRNRD regarding the implementation of this
Study; and,
WHEREAS, this Agreement provides for a local cost share not to exceed $25,000.00, to
be paid from the 2014 Environment Bond Fund 13124, Environmental Bonds Organization
117217.
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 to fund a Streambed Degradation
Study to be performed by the United States Army Corps of Engineers (USACE) as Section 22
Planning Assistance to States (PAS), with PMRNRD as the lead agency, including provision for
a cost share not to exceed $25,000.00 to be paid from the 2014 Environment Bond Fund 13124,
Environmental Bonds Organization 117217, is hereby approved.
2019grp APPROVED AS TO FORM:
7-/7-1
ITY ATTORNEY DATE
11.41°-
By
Councilmember
DEC 0 5 2017 -1 --C)
Adopted
City Cler 111
Approved.J.. _ ........... ..
Mayor
NO. I34
Item Submitted By: Gary Pech
Department: Public Works
Council Meeting Date: December 5, 2017
Res. that, as recommended by the mayor, the Interlocal Agreement between the City of Omaha
and the Papio-Missouri River Natural Resource District to fund a Streambed Degradation Study
to be performed by the United States Army Corps of Engineers (USACE) as Section 22
Planning Assistance to States (PAS), with PMRNRD as the lead agency, including provision for
a cost share not to exceed $25,000.00 to be paid from the 2014 Environment Bond Fund 13124,
Environmental Bonds Organization 117217, is hereby approved.
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•
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Presented to City Council
December 5, 2017
APPROVED 7-0
?lIzabetli Sutler
City Clerk