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RES 2017-1329 - Interlocal Steambed Degradation Study • co `' "��'s� Public Works Department U -.~ � Omaha/Douglas Civic Center fir 1 12/5/2017 ° NOV® ��1 t�h � 201 i' NO 1{ 22 MI 11: V 3 1819 Farnam Street,Suite 601 0 "T =— "3 ^ Omaha,Nebraska 68183-0601 �'00� �-t� (402)444-5220 4).FD FE9R3� C 1; f C L E c v Fax(402)444-5248 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 20..19Cgrp 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. • • • Presented to City Council December 5, 2017 APPROVED 7-0 ?lIzabetli Sutler City Clerk