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ORD 36769 - Interlocal Merge Parks and Rec Trail and Cemetary Duties to Parks Dept oAHA A'E t7, e.Q Parks, Recreation & Public Property Department Pieta - Omaha/Douglas Civic Center t®. ir,E 1819 Farnam Street,Suite 701 PA ro Omaha,Nebraska 68183-0701 oa�TEA rEaR`�ta� (402)444-5900 — FAX(402)444 4921 City of Omaha Larry N. Foster Mike Fahey,Mayor Acting Director Honorable President and Members of the City Council, The attached Ordinance authorizes the Mayor to sign and the City Clerk to attest the Interlocal Agreement for Merger of Parks Functions This is an agreement between the City of Omaha and Douglas County to merge the park and trail maintenance functions into one agency Per the terms of the Agreement, the City of Omaha will be responsible for the operation and maintenance of the two county parks, Hefflmger Park at 112th and West Maple Road, and Heartland of America Park at 8`11 and Douglas This agreement also covers the maintenance of the Keystone and Field Club trails, and the Potter's Field Cemetery Since both the City and County each provide maintenance of public parks and trails, the proposed merger will combine that function into one agency and provide the most efficient use of resources The County will loan five employees to the City for a five-year penod and also provide non-personal support over that same time period The specific terms and conditions of the merger are outlined in this Agreement The effective date of the transfer is January 1, 2005 The Parks, Recreation and Public Property Department requests your consideration and appio\al of the attached Ordinance Resp5plly submitted, Referred to City Council for Consideration ---- 7/.23AI V /A 3A,Ali r,t Lhrf N Foster, cting Director Date M or's'Office Date Parks, Recreation and Public Property Department P IPRPP 1111079pjm doc ORDINANCE NO Z? AN ORDNANCE to approve an Interlocal Agreement between the City of Omaha and the County of Douglas to merge the parks and recreational trail responsibilities and histoncal cemetery duties of County of Douglas into the City of Omaha, and to provide an effective date BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA Section 1 That the attached Interlocal Agreement between the City of Omaha and Douglas County to merge the parks and recreational trail responsibilities and historical cemetery duties of the County of Douglas into the City of Omaha is hereby approved Section 2 That this Ordinance, not being of legislative character, shall be in force and take effect immediately upon its date of passage INTRODUCED BY COUNCILMEMBER •�'� APPROVED BY MAYOR OF THE CITY F OMAHA AT PASSED SEP 1 4 2004 i p A"'TEST ITY CLERK OF THE CITY OF OMAHA A APPROVED AS TO FORM ;>c___,/ - _ 7 _ v 0 y /J„ yITY ATTORNEY DATE P 'L,a��I'11076pjmdoc i'` INTERLOCAL AGREEMENT FOR MERGER OF PARKS FUNCTIONS THIS INTERLOCAL AGREEMENT is hereby made and entered into this f- day of 2004, by and between the CITY OF OMAHA, a municipal corporation organized an existing under the laws of the State of Nebraska located in Douglas County, Nebraska, (hereinafter referred to as "City") and the COUNTY OF DOUGLAS, a political subdivision organized and existing under the laws of the State of Nebraska located in Douglas County, Nebraska (hereinafter referred to as " County") Y HEREAS, City and County are independent political subdivisions organized and existing under the laws of the State of Nebraska, and, WHEREAS, City and County each provide public parks and recreational trails for the use and enjoyment of the members of the general public and operate historical cemeteries, and, WHEREAS, in order to most efficiently use their respective resources City and County have proposed that County transfer title to its two public parks, Hefflinger Park and Heartland of America Park, and any right, title or interest County may have in the Keystone Trail and Field Club Trail, to City, that City assume the parks and recreational trail responsibilities for both entities, that County transfer title of its historic cemetery, Potter's Field, to City, and that City assume operational responsibilities for such cemetery, and, WHEREAS, it is necessary for the parties to enter into an agreement to set forth their respective rights, duties and obligations, and, WHEREAS, such an agreement falls within the intent and purposes of the Interlocal Cooperation Act, Sections 13-801 through 13-827 Neb Rev Stat NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, City and County do hereby mutually undertake, promise, agree and contract each for itself and its successors and assigns as follows I. PURPOSE The purpose of this Agreement is to specify the duties and responsibilities of the parties hereto in connection with (1) the transfer of title from the County to the City of the County's two public parks, Hefflinger Park, 112`h Street and West Maple Road, Omaha, Nebraska and Heartland of America Park, 8th and Douglas Streets, Omaha, Nebraska (hereinafter the "Park Properties"), (2) the transfer of any right, title, interest or obligation the County may have in the Keystone and Field Club Trails (hereinafter the "Trail Properties"), (3) the transfer of title from the County to the City of the Potter's Field Cemetery, Mormon Bndge Road and State Street, Omaha, Nebraska, (hereinafter the "Cemetery Property") and (4) the assumption by the City of the parks and recreational trail responsibilities and historical cemetery duties of the County IL TERM This Agreement shall be in full force and effect from and after January 1, 2005 and shall continue in effect until terminated by either of the parties hereto, effective at the start of the next succeeding County fiscal year, by providing written notice to the other at least ninety (90) days prior to the close of the fiscal year of the County III. RIGHTS, OBLIGATIONS AND DUTIES OF COUNTY County agrees to 1 Transfer, concurrently with execution of this Agreement, at no cost to City, all right, title and interest County holds, by quit claim deed, to City to the Park Properties, the Trail Properties and the Cemetery Property for the purpose of providing park and recreational trail opportunities for the general public and preserving the historical cemetery property, 2 Loan five (5) full-time employees of County's eight (8) Environmental Services Department, Parks Division employees (hereinafter the "Loaned Employees") to City upon the effective date of this Agreement until the earlier of the termination of this Agreement or until such Loaned Employees have resigned, retired, or been terminated, 3 Employ in the Douglas County civil service the Loaned Employees during the period they are loaned to the City, provided that the provisions of this subparagraph shall not restrict or limit the County from exercising any rights, authority or power it may hold under its labor agreements, policies, procedures, or pursuant to local, state or federal law, including, but not limited to, taking disciplinary action and reclassifications, except making reductions in force, layoffs or eliminations of the positions of the five (5) Loaned Employees, 4 Budget and appropriate funds for salary and benefits for the Loaned Employees at the County salary and benefit levels and classification they would receive and/or hold if they were not loaned to the City and compensate such Loaned Employees through the County's payroll system during the term of this Agreement, provided, that if, within five years of the effective date of this Agreement, any of the Loaned Employees resign, retire, are terminated or otherwise leave County service, County shall budget and appropriate funds in an amount sufficient to cover the City salary and benefits of the City employee who is hired to replace such Loaned Employee for the remainder of the five year period and further provided that after the first five years City will reimburse County for the salary and benefits of any remaining Loaned Employees County compensates, as more specifically provided hereinbelow at Article VII, 5 In cooperation with City supervisory recommendations, be solely responsible for, enforce and exercise, as it in its sole discretion, deems necessary, disciplinary action and other performance, personnel, salary and benefit determinations according to its labor agreements, policies, procedures, or pursuant to local, state or federal law against the Loaned Employees, 6 Transfer to the City, upon the effective date of this Agreement, the equipment detailed on Exhibit "A", which is attached hereto and incorporated by this reference as if fully set forth herein, (hereinafter the "Equipment") provided that such equipment transfer shall not include any information technology equipment controlled by DOT Comm pursuant to the County's agreement with DOT Comm for information technology services Such equipment, as agreed to by the parties on Exhibit "A", shall include all equipment utilized solely or in major part in providing the services being assumed by the City and includes, but is not limited to, mowers, tractors, trucks, trailers, sprayers, golf carts, utility vehicles, generators, chemical treatment equipment, boats and boat motors, landscaping equipment, hand tools and office equipment County shall have no obligation to maintain, repair or insure such Equipment nor to provide replacement equipment thereafter, except as provided in Article VII , 7 Cooperate and coordinate with City to enhance the City's ability to perform the duties required by the terms of this Agreement, 8 Maintain its self insured status with the Nebraska Workers' Compensation Court and retain any obligation under the Nebraska Workers' Compensation Act to the Loaned Employees, 9 Assign to City, at no cost to City, effective as of the effective date of this Agreement, all rights, interest, and obligations it may have in contracts with users, developers, vendors and service providers in connection with its park and trail properties including but not limited to, TRY Sports, Pacesetter, ENE Soccer Association, Combined Youth Soccer Association, Heartland Gondolas, Heartland Airborne Memorial Association, Industrial Electric Motor, Coca Cola, America Security, Inc and ConAgra, 10 Retain all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature asserted by anyone against County or City, for financial harm, business loss, personal injury or death, or property damage in any way arising out of or resulting from previous County landfill operations on the property presently known as Hefflinger Park, located at 112th Street and West Maple Road, Omaha, Nebraska, retain all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature asserted by anyone against County or City, for financial harm, business loss, personal injury or death, or property damage in any way arising out of or resulting from the environmental remediation undertaken by County on the property presently known as Heartland of America Park, located at 8th and Douglas Streets, Omaha, Nebraska, and, 11 Retain, at its cost, responsibility for monitoring of methane gas vents at Hefflinger Park, cooperate and coordinate with City to perform such monitoring responsibilities in a manner which will maintain such vents and their function, preserve the integrity of the methane gas release system, and create the least disruption of activities in Hefflinger Park, advise the City, where feasible, in advance of any monitoring activities County will undertake, and advise City of necessary maintenance, including but not limited to, the filling of sink holes, repair of fenced-in monitoring enclosures, painting of vents, etc j IV. RIGHTS, OBLIGATIONS AND DUTIES OF CITY City agrees to• 1 Accept from County all right, title and interest it possesses in the Park Properties, Trail Properties and Cemetery Property and dedicate such Park Properties for public park purposes and such Trail Properties for recreational linear trail corridor purposes and preserve the Cemetery Property, 2 Perform the cemetery duties and park and recreational trail functions of the County in connection with the Cemetery Property, the Park Properties and Trail Properties which are currently being performed by the Environmental Services Department, Parks Division of the County utilizing some, any or all of the Loaned Employees specified hereinabove and/or any other City employees it determines are necessary or with City employees hired to replace Loaned Employees who have retired, resigned, or been terminated by County City shall timely perform such services and functions during the term of the Agreement with diligence, prudence, thoroughness and in a manner which serves the best interests of City and County, 3 Provide the day to day supervision of the Loaned Employees and day to day operation of the County's cemetery, park and recreational trail responsibilities including but not limited to, hiring additional City employees, if deemed necessary by City, and at City's cost, hiring City employees to replace Loaned Employees who have retired, resigned, or been terminated by County, at County's cost during the initial five years of this Agreement, and at City's cost thereafter, provided that City will budget and appropriate for and reimburse County for the salary and benefits of any remaining Loaned Employees County compensates, as more specifically provided hereinbelow at Article VII, to provide the assumed historic cemetery and park and recreational trail duties, personnel and administrative matters such as time keeping, record keeping, documenting performance, etc , provided, that County shall have sole authority and be responsible for any disciplinary action and performance, personnel, salary and benefit determinations concerning the Loaned Employees City shall cooperate with County, including, but not limited to, providing information and documentation and participate as deemed necessary by County in resolving any such matters to County's satisfaction and conducting annual Civil Service performance evaluations in cooperation with County, 4 Utilize, during the term of this Agreement, the Equipment for the performance of the parks, trail and cemetery responsibilities assumed pursuant to the terms of this Agreement City agrees to maintain such Equipment and to provide replacement equipment after the useful life of such Equipment has expired, if in City's sole discretion, such replacement is necessary for performance of the parks, trail and cemetery responsibilities assumed, and return any such usable Equipment to County, subject to County approval, upon the termination of this Agreement, provided that any replacement equipment shall be owned by City and shall not be required to be returned to County, 5 Accept the assignment from County of all nghts, interest, and obligations County may have in contracts with users, developers, vendors and service providers in connection with its park and trail properties as specified hereinabove at Article HI Paragraph 9 , provided that 4 City shall not be obligated to honor any provision of such contracts which conflicts with its Home Rule Charter, ordinances, labor agreements, policies, executive orders or is otherwise prohibited by law, 6 Cooperate and coordinate with County to enhance the City's ability to perform the duties and functions required of it by the terms of this Agreement This shall include, but not be limited to, cooperating with County departments, employees, contractors, officials, and advising the County of any litigation, claim, or threat of legal action pertaining to or arising out of any duty assumed by City hereunder, 7 Protect and maintain the confidentiality of any information obtained by City as a result of assuming the County's cemetery, parks and trails responsibilities Ciiy acknowledges that such information may include, but is not limited to, proprietary information, legal documents, personnel matters, employee health information, matters of attorney-client privilege, etc and shall not divulge, publicize, use or otherwise release such information without the express written consent of the County, 8 Treat cemetery visitors and park and trail users equally, irrespective of County or City residence, in matter pertaining to access, use, availability, or fees to use the improvements, fixtures, equipment, facilities of the Cemetery Property, Park Properties or Trail Properties, and, 9. Cooperate and coordinate with County regarding County's monitoring of methane gas vents at Hefflinger Park in order for County to maintain such equipment and its function and preserve the integrity of the methane gas release system, including, but not limited to, permitting access to such Park for such purposes, and complete maintenance, as requested by County, for necessary site maintenance, including but not limited to, the filling of sink holes, repair of fenced-in monitoring enclosures, painting of vents, etc V. PROJECT ADMINISTRATOR No separate legal or administrative entity is created by this Agreement City shall serve as the administrator of the cemetery, parks and trails merger project and shall be responsible for administering the cemetery, parks and trails operations as more fully set forth in this Agreement VI. OWNERSHIP OF REAL AND PERSONAL PROPERTY City will become the owner of the Cemetery Property, Park Properties and Trail Properties upon receipt of the deeds for same from County No other real property of the City or County shall be used by the other in the performance of this Agreement City is not authonzed by County to acquire any real property on County's behalf to perform the duties and functions it has assumed pursuant to the terms of this Agreement City shall acquire ownership of the Equipment transferred by County under the terms and conditions of this Agreement, provided, however, that City agrees to return any such Equipment which has not attained its useful life to County within fourteen (14) days of termination of this Agreement 5 City agrees not to change the names of the Cemetery, Park and Trail Properties it acquires from County VII. FINANCING OF THE PARKS AND TRAILS MERGER City and County contemplate that County's financial obligations to City for the assumption by the City of the cemetery, parks and trails responsibilities of the County shall include (1) Non-Personnel - Payments, according to the following schedule, based upon $324,760 00, which is an amount equivalent to the funds budgeted for the County fiscal year 2004-2005 for non-full-time personnel expenses by County for the cemetery, park and trail responsibilities City is assuming hereunder, and diminished annually thereafter by 20% of the 2004-2005 amount as follows 2005 100% of$324,760 00 April 1, 2005 $162, 380 00 (1/2 of$324,760 00) October 1, 2005 $162, 380 00 (1/2 of$324,760 00) 2006 80% of$324,760 00 April 1, 2006 $129,904 00 (1/2 of 80% of$324,760 00) October 1, 2006 $129,904 00 (1/2 of 80% of$324,760 00) 2007 60% of$324,760 00 April 1, 2007 $97,428 00 (1/2 of 60% of$324,760 00) October 1, 2007 $97,428 00 (1/2 of 60% of$324,760 00) 2008 40% of$324,760 00 April 1, 2008 $64,952 00 (1/2 of 40% of$324,760 00) October 1. 2008 $64,952 00 (1/2 of 40% of$324,760 00) 2009 20% of$324,760 00 April 1, 2009 $32,476 00 (1/2 of 20% of$324,760 00) October 1, 2009 $32,476 00 (1/2 of 20% of$324,760 00) These funds shall include all funds currently budgeted by the County to perform the responsibilities being assumed by the City and shall include, but not be limited to, utilities, part- time and seasonal employees, overtime, maintenance and/or repair of loaded equipment, contractual obligations for maintenance and repair functions, commodities, materials, chemicals, supplies, etc , and, (2) Personnel - During the calendar years beginning on January 1, 2005 and ending on December 31, 2009 the payment of the salaries and benefits of the Loaned Employees at County levels, 6 provided that such salary and benefits payments shall be at City levels if such Loaned Employees retire, resign or are terminated from County service during such five year period and City hires replacement employees for the Loaned Employees After such five (5) year period, County shall not be financially responsible for the salary and benefits cost of any Loaned Employee or any employee City hires to perform such services and City will reimburse the County for the salary and benefits of any Loaned Employee beginning January 1, 2010 and continuing until such Loaned Employee retires, resigns or is terminated from County service County shall not otherwise be required to provide any appropriation, make any budgetary contribution, share any expense, or make any payment to City, provided, that nothing in this Agreement shall preclude County from doing same VIII. INDEMNIFICATION A General County covenants and agrees to indemnify and hold harmless the City of Omaha, its officers, agents and employees, their successors and assigns, individually or collectively from and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature asserted by County or by anyone else, for financial harm, business loss, personal injury or death, or property damage in any way ansing out of or resulting from any act, omission, determination, decision, activity or operation of County in performing its duties and obligations pursuant to the terms of this agreement and County further agrees to pay all expenses in defending against any claims made against the City,provided,however, that County shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the City, its agents or employees City covenants and agrees to indemnify and hold harmless the County of Douglas, its officers, agents and employees, their successors and assigns, individually or collectively from and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature asserted by City or by anyone else, for financial harm, business foss, personal injury or death, or property damage in any way ansing out of or resulting from any act, omission, determination, decision, activity or operation of City in performing its duties and obligations pursuant to the terms of this agreement, except for any liability specifically retained by County as specified hereinabove at Article III Paragraph 10 , and City further agrees to pay all expenses in defending against any claims made against the County, provided, however, that City shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the County, its agents or employees, except Loaned Employees B Environmental County shall defend, indemnify and hold harmless the City and/or its successors, assigns, heirs and beneficiaries, and their respective employees and appointed and elected officials (hereinafter "Indemrutees") from and against any and all liability claims, allegations, demands, actions, causes of action , debts, controversies, losses, expenses or any other liability of any kind, including reasonable attorneys' fees and costs (collectively "Damages") caused by (a) County's ownership, use, or operation of the Park Properties prior to the effective date of this Agreement 7 (including but not limited to, Damages associated with environmental contamination) (b) County's performance of any remediation efforts on the Park Properties or Trail Properties, (c) County's failure to comply with any and all federal and/or state environmental standards, statutes and regulations that apply to the Park Properties, or (d) County's breach of the representations and warranties of this Agreement, provided however, that County shall have no obligation to indemnify Indemnitees for any Damages arising out of the negligent or intentional actions or omissions of the Indemmtees, its agents, subcontractors, invitees, licensees, successors, assigns, heirs, beneficiaries or trespassers County's duty to defend, indemnify and hold harmless includes, but, is not limited to, claims for property damages, natural resource damages, personal injuries (including toxic tort or medical momtonng), causes of action ansing under the Comprehensive Environmental Response, Compensation and Liability Act, as amended by the Superfund Amendments and Reauthonzation Act of 1986, 42 U S C § 9601 et seq , the Resource Conservation and Recovery Act, 42 U S C § 6901 et seq , The Federal water Pollution Control Act, 33 U S C §1251 et seq , the Clean Air Act, 42 U S C § 7491 et seq , the Nebraska Remedial Action Plan Monitoring Act, Neb Rev Stat § 81- 15,181 et seq , the Nebraska Environmental Hazard Act, Neb Rev Stat § 71-6301 et sec , the Nebraska Integrated Solid Waste Management Act,Neb Rev Stat § 13-2001 et sea , the Nebraska Safe Drinking Water Act, Neb Rev Stat § 7-503 et seq , the Nebraska Environmental Protections Act, Neb Rev Stat § 81-1501et seq , and any other federal and state environmental statutes (including any regulations promulgated thereunder) enacted prior to the effective date of this Agreement C Notice City and the County shall give prompt and timely notice of any claim made or suit instituted which, in any way, directly or indirectly, contingently or otherwise, affects or might affect either party IX. NO TRANSFER OF EMPLOYEES City and County agree that the loan of County employees to the City pursuant to the terms of this Agreement is not and shall not be construed to be a transfer of employees to which Neb Rev Stat. § 13-2401 shall apply X. RECORDS Each of the parties hereto agrees to prepare, keep and maintain records, in a method, location and for a time period satisfactory to the other, necessary to determine that each was in compliance with the terms of this Agreement Each party shall have the right to audit and examine such records during usual business hours upon reasonable advance notice to the other XL GENERAL CONDITIONS Nondiscrimination None of the parties shall, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state Iaws or local ordinances because of race, color, sex, 8 age, disability pursuant to the Americans with Disabilities Act, political or religious opinions, affiliations or national origin Captions Captions used in this Agreement are for convenience and are not used in the construction of this Agreement 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. Nebraska law will govern the terms and the performance under this Agreement Interest of City Pursuant to section 8 05 of the Omaha Home Rule Charter, no elected official or any officer or employee of the City of Omaha shall hate a financial interest, direct or indirect, in any City of Omaha contract Any violation of this section with the knowledge of the person or corporation contracting with the City of Omaha shall render the contract voidable by the Mayor or Council of the City of Omaha Interest of the Parties City and County covenant that each presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement, each further covenants that, in the performance of this Agreement, no person having any such interest shall be employed Merger This contract shall not be merged into any other oral or written contract, lease or deed of any type This is the complete and full agreement of the parties Modification This Agreement contains the entire agreement of the parties No representations were made or relied upon by either party other than those that are expressly set forth herein No agent, employee or other representative of either party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties Approval of Amendments The parties hereto acknowledge that, as of the date of the execution of this agreement, Section 10-142 of the Omaha Municipal Code provides as follows "Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a) by ten percent, if the 9 , original bid price is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work an excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council The provisions of this Section will be quoted in all future City contracts Nothing in this Section is intended to alter the authority of the Mayor under Section 5 16 of the City Charter to approve immediate purchases " Strict Compliance All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from an authorized representative Assignment Neither of the parties may assign its rights under this Agreement without the express prior written consent of the other Successors and Assigns Bound by Covenants All covenants, stipulations and agreements in this Agreement shall inure to the benefit of the parties hereto and extend to and bind the legal representatives, successors, and assigns of the respective parties hereto Authorized Representatives In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for purposes of notice, including legal service of process, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following named individuals shall be the authorized representatives of the parties A. City of Omaha Larry N Foster, Acting Director Parks, Recreation and Public Property Department Omaha/Douglas Civic Center 1819 Farnam Street, Suite 701 Omaha, NE 68183 10 B County of Douglas Kent Holm, Director Douglas County Environmental Services 3 015 Menke Circle Omaha, NE 68134 EXECUTED this 40 day of 44,4 , 2004 CITY OF OMAHA, a Municipal Corporation ATTEST By_ h•NA-444 ity Clerk, ity of Omaha Mike Fahey, Mayor APPROVED AS TO FORM • (4/714,6 Assist'irCrty Attorney EXECUTED this h day of 18C0505`t, 2004 —" COUNTY OF DOUGLAS, a political subdivision ATTES /' By r1L-.4 ?,,qa' _ C C my Clerk aro-r—MBnde Pirsch, Chairperson of the Board of County Commissioners APPROVED AS TO FO Deputy County Attorney p\mterlocal ag for parks merger 7-26-04 S0 00 am 11 _ i _ z 'v "7tn X -7CrJc1rn ` �- 0 .xYs � y (..)= `' tics0cn7w �.- —; m c`s w m ', ° a 5 O O w o 8 rs -, = o Q m ° -3 d v -d C7 ° k .'e in 7Ui p N ("] W W O Q. �• O� •j t0.D n A w W. v z 4 ov o , P. � � _ A . ,a ^-3 "OZ7 o � ._ X � ,l , 7 n a s -n = a oa ,, ,7 ca - o ° in n p, o o w f 4 e S y� Gn ra n d a `C = -i co v„i n rn 92 Q. d 1 O` „' n > • 3 oa o c�car F -1 ci + s �° - cn o c CD X -, < � a b I 1 --3 a< Cri N ci o O ~ 2 4X x 6, 0 � � .— xo R, n z ° ° 4 a y r. 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' 0 " k c §. cr p ' 5 2 $ = ƒ v \ § 7 S A � � � q \ � ƒ � 9 b - ƒ / \ - k 8 J / = 2 3 § �ƒ a (» PR&PP DIST 11� 04 AUG -3 i M F' 20 Diu#2- --~-- DiST#3 11110 Disra DiST#5 DIST#S DIST #7 CH OF 5171FF � STAFF CITY CLE9lt To: President Jim Vokal and Members of the City Council LOBBYIST�___�_ From:Larry Foster, Acting Director, PR&PPA2G-)--- AEG010 Dates POP.004 Re: Supplemental Information on City/County Merger TIME ? `tr;,r aty Recently, Council members were briefed regarding the proposed City/County Park merger issue The purpose of this communication is to provide the additional information requested by Council members during this brief session_ Heartland of America Fountain —The original cost to construct the fountain was approximately$2 million. Over the past two years, the County has updated many of the fountains critical elements This includes the three power transformer units, the computer software and the program logic unit Regular maintenance and repairs have been provided to the three motors and the pumps. The County has an agreement with a mechanical Company to regularly test the pumps to discover vibrations, which may lead to motor, motor shaft or pump problems Existing Agreements with Douglas County—Copies of the agreements held by Douglas County for the parks, which have been provided to the City and may be transferred to the City, have been filed with Council staff. Trails—Transfer of the County system to the City will add 8 7 trail miles to the City's existing 45 1 miles of trails The County will transfer one employee who is primarily responsible for their trail maintenance The City does not devote any specific staff to trail maintenance duties_ When necessary, mowing and other trail maintenance duties are provided through the Park District shop serving the trail Salary Difference between City and County Employees—Generally, the job classifications of the County employees, being transferred to the City, receive a pay scale that begins at about the same pay rate as similar City positions The County pay scale, for these employees however, does exceed the City's at the upper end of the pay range A chart illustrating this is attached Condition of County maintenance equipment—The County equipment that has been inspected appears to be in a good state of repair and similar in condition and quality as City park equipment The most current list of county equipment to be transferred is attached 1 Budget Adjustments—The total cost for the non-personal operation of the County's functions to be transferred to the City is $324,760 00 The estimated cost of County employees to be loaned to the City is approximately $232,336 00 Together, at the end of five years, the City would be responsible to assume the total of these two numbers, which equals $557,096 00 This number would, of course, be decreased by cost savings and increased by inflation dkj • Page 2 r I 1--3 177 .-- '-t "'d C/] 't C/] O\ c1) c-' t"' C) 'rn'' > n x ` H C/] � VD '�` W `_" +-ri h -1 - 0 to �„rn o -• o 0 d d rz o = 0 t7 p a a = b d o r' o t]- p Q " b" Ca. 00 CP ' 1 ' 1 p p.. c. ~ n W Sri. 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I I 69 (/) I 1 + (f) W ' I ; W ' Ii 2 O i i I I I Z ' O ! I OI O L j IOI I N ` 1 I N i © rn in I N I co CD C) COCT) rn ,N CV C) ' C6' N I— Ef} 69 64 °bF? H 64 W W O , I o o , O O 1 ` O1 N ` N I v! Z ' Z 'I-- a , � 0 '2 ""' I Cl —0 , N : CV N CV 1 I 1 r ! + I W ' I l I ._I I U jI I w I _ 1 I r- W a) � ' I II - I J , a) I C) ! ! w 0 m I I co U �- I` - 0 - Q I r- H CO -CD 1 Q W 1 1 i Q ¢ -"? II_ co , U I ? i { Z ' I� '_' I 0 -- a 10 g -a I ; ' Q fY w ' 0- U ''can' I ¢' I� ' � �, ' U 1 'NOTICE TO PUBLIC' The following Ordinance has been set for THE DAILY RECORD City Council hearing on August 3,2004, at p in the Legislative Chambers Omaha/Douglas Civic Canter, 7819 Farnam OF O1YLfIa1 Street, at which hearing all persons inter- ested, may be heard RONALD A. HENNINGSEN, Publisher ANe ORDINANCE tot approve arland PROOF OF PUBLICATION Agreement between the Cityof Omaha end the County of Douglas to merge the parks and recreational trail responsibilities and historical cemetery duties of County of UNITED STATES OF AMERICA, Douglas into the City of Omaha, and to provide an effective date The State of Nebraska, BUSTER BROWN, SS. City Clerk District of Nebraska, 7-30-04 County of Douglas, City of Omaha, LYNDA K.HENNINGSEN being duly sworn,deposes and says that she is ASSOCIATE PUBLISHER 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 July 30, 2004 That 5akiNe spaper during that time was regularly published and in I;ii tl!p{�in the County of Douglas,and State of Nebraska. Subscrib d in my presence and savor to before I Y r i hsh� 's k C�' :;$ l';�i, 0 me this 30 th day of r t_ ^ r' July 04 ddataonal Copies $� // 20_ \ ' otaf'�e.�y,+ ,1 0 °.. ,a 0 r" ",'`21' c3� Notary Pubb r I nty, i , t e Nebraska 5_. � "NOTICE TO PUBLIC" ORDINANCE NO 36769 THE DAILY RECORD AN ORDINANCE to approve an Interlocal Agreement between the City of Omaha and OMAHA the County of Douglas to merge the parks OF O1 and recreational trail responsibilities and' historical cemetery duties of County of RONALD A. HENNINGSEN, Publisher Douglas into the City of Omaha, and to PROOF OF PUBLICATION provide an effective date SUMMARY AN ORDINANCE to approve an Interlace! Agreement between the City of Omaha and UNITED STATES OF AMERICA, the County of Douglas to merge the parks and recreational trail responsibilities and The State of Nebraska, SS. historical cemetery duties of County of District of Nebraska, Douglas into the City of Omaha, and to provide en effective date County of Douglas, PASSED September 14,2004 7-0 APPROVED BY City of Omaha, MIKE FAI-IEY 9/16/D4 MAYOR OF THE LYNDA K HENNINGSEN an,OF OMAHA BUSTER BROWN being duly sworn,deposes and says that she is City Clerk 9 22-04 ASSOCIATE PUBLISHER 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 September 22 , 2004 That said Newspaper during that tune was regularly published and in general circulation in the County of Douglas,4tnd State of Nebraska t* Subscrz ed in my pretence and orn before Publzshe 's Fee, si 7 • 90 Irte tars 2 2t1C1 ;- day of - " Additional Copies $ 24 0 4 i Total' $1 7 _ 9 0 Notary Public for gas County, f Nebraska