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2015-24RESOLUTION 2015 - 24 COUNCIL MEMBER HALL INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the City of Blair, Nebraska, has been presented with an Interlocal Agreement between the City of Blair, Nebraska, and Papio - Missouri River Natural Resources District for Flood Mitigation Assistance Program for Water Treatment Plant Flood Protection Program; and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Interlocal Agreement attached hereto, marked Exhibit "A" and by this reference made a part of hereof as though fully set forth herein is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver, on behalf of the City of Blair, Nebraska, any documents that may be necessary for approval of said agreement. COUNCIL MEMBER HALL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS SHEPARD, STEWART, WILLIS, WOLFF, HALL AND JENSEN VOTING "AYE ", AND COUNCIL MEMBERS NONE VOTING "NAY ", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AD ADOPTED THIS 11 DAY OF AUGUST, 2015. CITY OF BLAIR, NEBRASKA J S E. REALPH, MAYO ATTEST: BRENDA R. WHEELER, CITYICLERK (SEAL) STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 1 lth day of August, 2015. B NDA R. WHEELER, CITY CLERk- THE CITY OF And For FLOOD • PROGRAM for WATER TREATMENT THIS AGREEMENT (hereinafter "THIS AGREEMENT ") is made by and between the PAPIO - MISSOURI RIVER NATURAL RESOURCES DISTRICT (the "RD ") and the CITY OF BLAIR, NEB (the "CITY'), pursuant to the authority provided in the Nebraska Interlocal Cooperation Act 0§13 -801, R.R.S., 1 9979 et seq.). WHEREAS, the NRD administers its Flood Mitigation Assistance Program (the "PROGRAM "), which provides cost sharing with local governmental entities for technical and financial assistance to mitigate flood losses through structural flood control projects in developed, urban areas; MTHEREAS, the CITY desires to construct flood control berms to protect its water and wastewater treatment facilities; Vi7HEREAS, the CITY will complete its overall plan in three phases, with Phases I and II consisting of the flood control elements of the CITY'S overall plan (hereinafter the "PROJECT" shall refer to Phases I and II of the CITY'S overall plan); and, WHEREAS, the CITY estimates the project will cost $4.9 million, with 75% of those project costs to be paid through a Federal Emergency Management Agency ( "FEMA') / Nebraska Emergency Management Agency ( "NEMA ") Hazard Mitigation Grant Program, and the remaining balance of approximately $1,225,000 the responsibility of the CITY (the "LOCAL SHARE "); 1 383497 WHEREAS, the CITY desires to receive cost - sharing assistance from the NRD for the LOCAL SHARE portion the PROJECT through the PROGRAM; WHEREAS, the PROGRAM is limited to a maximum cost share of either $500,000 or one -half of the local cost share, whichever is less; and WHEREAS, the Board of Directors of the NRD has approved the PROJECT for participation in the PROGRAM. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants of parties hereinafter expressed, the parties hereby agree as follows: 1. PROJECT BENEFITS. The parties do hereby find and determine that the PROJECT will be of predominantly general benefit to the CITY and the NRD, with only an incidental special benefit. 2. PROJECT PARTICIPANTS. The PROJECT shall be undertaken without any separate entity being created, and the duties and responsibilities of the parties with respect to the PROJECT shall be as defined by THIS AGREEMENT. 3. PROGRAM RULES AND REGULATIONS. The CITY shall comply with the rules and regulations for the PROGRAM as promulgated by the NRD and set forth in the NRD'S Director's Policy Manual. THIS AGREEMENT and the PROGRAM'S rules and regulations shall be construed in a manner giving full effect to both. In the event there is an unavoidable conflict between a specific provision of THIS AGREEMENT and a specific provision of the PROGRAM'S rules and regulations, THIS AGREEMENT shall control. 4. PLCATIN AND SUBMISSION OF PLANS. The CITY'S application and documents accompanying that application to the PROGRAM are attached hereto as EXHIBIT A, and are incorporated into THIS AGREEMENT. As soon as feasible, the CITY shall submit to the NRD the PROJECT plans, bid documents, construction contract, and implementation schedules (collectively the "DOCUMENTS "). If during any phase of the PROJECT, there are material changes to the application or the DOCUMENTS, the CITY shall timely inform the NRD, in writing, of the material change and submit an updated version of the relevant document or 383497 2 documents that were impacted by the material change. The NRD reserves the right to approve or reject plans, specifications, and /or implementation schedules of the PROJECT, such approval not to unreasonably withheld. 5. NRD TECHNICAL ASSISTANCE. The NRD shall provide technical assistance to the CITY regarding the PROJECT within the limits of its expertise, as may be requested by the CITY. The NRYS technical assistance shall be provided NRD employees and shall not require the NRD to expend any resources beyond the customary salaries and benefits paid to its employees. 6. RIGHTS -OF -WAY ACQUISITION. Lands, easements and rights -of- way, which the CITY determines is necessary for construction of the PROJECT or for the permanent operation, maintenance, repair, replacement, management and regulation of the PROJECT (the "PROJECT RIGHTS-OF-WAY), shall be obtained by the CITY, which shall hold title thereto. The costs of the PROJECT RIGHTS -OF -WAY shall not be deemed an eligible cost of the PROJECT, and is not reimbursable by the NRD. 7. PERMITS. All necessary local, state and federal permits, which the CITY determines are necessary for construction of the PROJECT or for the permanent operation, maintenance, repair, replacement, management and regulation of the PROJECT, shall be obtained by the CITY, which shall hold the same. The cost of such permits shall be deemed an eligible cost of the PROJECT. S. UTILITY RELOCATIONS. The CITY shall be solely responsible for relocation of any utilities that are determined to interfere with construction of the PROJECT, or with the operation, maintenance, repair, replacement, management or regulation of the PROJECT. The cost of such utility relocations shall be deemed to be an eligible cost of the PROJECT. 9. CONSTRUCTION CONTRACT FOR PROJECT. The CITY shall solicit competitive sealed bids for construction of the PROJECT pursuant to contract documents. The provisions of the CONSTRUCTION CONTRACT shall include, but not be limited to, covenants and conditions providing that the NRD shall be named as an additional insured in all insurance provided to the CITY by the CONTRACTOR. The CITY shall administer all contracts for design, construction, and construction inspection. The NRD reserves the 3 383497 right to approve or reject plans, specifications, and /or implementation schedules of the PROJECT, such approval not to unreasonably withheld. 10. COMPETITIVE BIDS. The CITY shall select a qualified contractor (the "CONTRACTOR') for the construction of the PROJECT through the CITY'S regular bid procedure that it utilizes for identifying the lowest responsible bidder. The CITY shall inform the NRD of the selected CONTRACTOR. In the event that the CITY selects bidder(s) who did not submit the lowest bid, the CITY shall provide a written explanation of its decision to select a higher bid to the NRD. The CITY, through the CONTRACTOR, shall construct the PROJECT in accordance with the plans and specifications the CITY submitted to the NRD. 11. ELIGIBLE COSTS. Pursuant to the Flood Mitigation Assistance Program rules, in addition to those costs that are described as eligible costs elsewhere in THIS AGREEMENT, the following category of costs shall constitute eligible costs and shall be included in the computation of the LOCAL SHARE: a) all costs associated with design of the PROJECT; b) all costs associated with construction of the PROJECT; and, c) all costs associated with construction inspection. d) the CITY'S use of in -house design and construction inspection costs are eligible PROJECT costs provided such work is performed or supervised by a licensed professional engineer and all hours associated with such work is documented. Those costs that are ineligible costs shall not be included in the calculation of the LOCAL SHARE. Costs that are ineligible include: a) costs associated with the acquisition of land rights; b) the CITY'S use of in house labor and /or equipment for construction; and, c) those categories of costs not specified as an eligible cost. 12. NRD CONTRIBUTION. As its contribution(s) towards the aforesaid eligible costs of the PROJECT, the NRD shall reimburse the CITY up to one -half of the 4 383497 LOCAL SHARE of the project in a total amount not to exceed $500,000 ( " the NRD CONTRIBUTION"). Such contribution(s) shall be paid in yearly installments each in an amount not to exceed $250,000. The first such installment shall be paid in the NRD'S 2016 fiscal year. The second installment shall be paid in the NRD'S 2017 fiscal year. Upon completion of each phase /component, the CITY may request reimbursement from the NRD as part of the NRD CONTRIBUTION. Such request for reimbursement shall include: a certificate of completion signed by a licensed, professional engineer; copies of final pay estimates which detail total units, unit costs, and total component /phase costs; and, costs for which CITY submitted or will submit to FEMA and /or NEMA for reimbursement. Progress payments on individual components /phases shall not be allowed. Under no circumstances shall the NRD CONTRIBUTION exceed the total sum of $500,000. In the event the LOCAL SHARE of the PROJECT does not equal or exceed $1,000,000, the NRD CONTRIBUTION and the related installment payments shall be reduced to equal one -half of the LOCAL SHARE. Any State, Federal, foundation or other grants, not including the FEMA /NEMA Hazard Mitigation Grant already contemplated in THIS AGREEMENT, received by either of the parties at any time for purposes of offsetting costs and expenses of the PROJECT shall be credited to both parties in equal shares against their respective obligations hereunder for costs and expenses of the PROJECT. The CITY shall publicly acknowledge the DISTRICT'S contribution to the PROJECT on a permanent sign, plaque, or other fixture (containing at a minimum the DISTRICT'S name and logo), to be maintained by the CITY for the life of the PROJECT. 13. ABANDONMENT OF THE PROJECT. In the event the CITY abandons the PROJECT prior to its completion, the NRD shall not be responsible for any costs, payments, or billings related to the PROJECT. If at the time of abandonment, the NRD has paid the CITY an installment of the NRD CONTRIBUTION or any other monies related to the PROJECT, the CITY shall return and refund any and all installment(s) or monies related to the PROJECT to the NRD. 383497 5 completion of PROJECT and CITY acceptance of the PROJECT from the CONTRACTOR, the CITY, at its own and sole cost and expense, shall permanently operate, maintain, repair, replace, manage and regulate the PROJECT during its useful life, as the CITY determines necessary, and in accordance with applicable and generally - accepted engineering practices, state and federal statutes and regulations. 15. RISK OF LOSS. The CITY shall have the insurable interest in, and shall bear the sole risk of loss of or damage to, the PROJECT and all PROJECT components, whether such loss or damage results from flood or other casualty whatsoever. 16. INDEMNIFICATION. The CITY shall indemnify and hold the NRD harmless from and against all liability and damages resulting from the PROJECT, including but not limited to the design, construction, operation, or maintenance of the PROJECT, and against all demands, causes of action, and claims, whatsoever, arising therefrom including court costs and attorney fees. 17. NON - DISCRIMINATION. The parties hereto shall not, in the performance of THIS AGREEMENT, discriminate or permit discrimination by any of its 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. 18. 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 PROJECT not expressly contained herein. 19. 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 either party may hereafter designate to the other party 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. 6 383497 20. 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. 21. APPLICABLE LAW. Each party to THIS AGREEMENT shall follow all applicable federal and state statutes and regulations in carrying out the faithful performance and terms of THIS AGREEMENT. 22. 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. 23. CAPTIONS. Captions used in THIS AGREEMENT are for convenience and not for use in the construction of THIS AGREEMENT. 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. The CITY has executed THIS AGREEMENT on Auiyj 2015. By .., Jim Re h, Mayor Attest: t ity Clerk 7 383497 The NRD has executed THIS AGREEMENT on ��S-{- `� , 2015. I•' mm O 0 LO 383497