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HomeMy WebLinkAbout2052 Accepting Contributed Funds for a Section 408 Evaluation BILL NO. 2025-005 ORDINANCE NO. 2052 AN ORDINANCE APPROVING AN AGREEMENT FOR ACCEPTANCE OF CONTRIBUTED FUNDS FOR A SECTION 408 EVALUATION WHEREAS, the City of Riverside, Missouri ("City"), has determined it to be in the best interest of the City to enter into an agreement with the Department of the Army, represented by the U.S. Army Engineer, Kansas City District ("Government"), to contribute funds for a Section 408 evaluation related to the Riverway Boulevard Improvements Project; and WHEREAS, the agreement will enable the Government to evaluate engineering plans and other information related to the proposed alterations of the L-385 Levee Unit, ensuring compliance with applicable laws,regulations,and procedures under 33 U.S.C. Section 408. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1 — APPROVAL OF AGREEMENT. That the Riverside Board of Aldermen ("Board") hereby approves the Agreement for Acceptance of Contributed Funds for a Section 408 Evaluation, attached hereto as Exhibit A and incorporated herein by reference, The Mayor is authorized to execute the Agreement on the City's behalf. SECTION 2 — AUTHORITY GRANTED. The Mayor, the City Administrator, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this 21st day of January 2025. Mayor Kathleen L. Rose Robin Kincaid, City Clerk AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF RIVERSIDE MO THIS AGREEMENT is entered into this,,qi s—day of , 2025, by and between the Department of the Army (hereinafter the "Government"), epresented by the U.S. Army Engineer, Kansas City District (hereinafter "District Engineer" and The City of Riverside MO (hereinafter the "Contributor"), together ("the Parties"). WITNESSETH, THAT: WHEREAS, the Contributor considers it to be in its own interest to contribute funds voluntarily to be used by the Government to evaluate a request under 33 U.S.0 408 (hereinafter "Section 408") to alter the L-385 Levee Unit for the Riverway Boulevard improvements project ("hereinafter the "Project(s)"); WHEREAS, the Government is authorized pursuant to Section 408 to accept and expend funds to evaluate such requests; NOW, THEREFORE, the Government and Contributor agree as follows: 1. The Contributor plans to contribute funds to the Government to pay costs associated with evaluation of engineering plans and other information prepared by Contributor related to a request under Section 408. The Contributor shall provide funds in accordance with the provisions of this paragraph: a. The Government and Contributor shall develop a scope of work for activities that will be undertaken with funds provided by the Contributor. The scope of work shall provide a detailed description of activities to be undertaken, including a detailed estimate of cost for each activity and schedules, and identification of travel by Government personnel that may be necessary to the activities covered under this Agreement, with such travel to be undertaken in accordance with the Federal Travel Regulations and estimated separately. The Government and Contributor shall review and update, as necessary, the scope of work. b. Prior to the Government initiating any activities identified in the scope of work, the Contributor shall provide to the Government funds to cover the estimated cost of activities under the scope of work through the current and next fiscal year quarter of the Government. No later than fifteen calendar days before the beginning of each subsequent fiscal year quarter, the Contributor shall provide to the Government funds for all estimated costs of activities to be accomplished during that quarter. c. If at any time the Government determines that additional funds are needed, the Government shall notify the Contributor in writing and no later than fifteen calendar days 1 of 4 from receipt of such notice, the Contributor shall provide to the Government the full amount of such additional funds. d. The Contributor shall provide funds to the Government by delivering a check payable to "FAO, USAED Kansas City" to the District Commander or by providing an Electronic Funds Transfer of such funds in accordance with procedures established by the Government. 2. The Government shall provide the Contributor with quarterly reports of obligations for the activities under this Agreement. The Government shall provide the first report within thirty calendar days after the final day of the first full fiscal year quarter following initial receipt of funds pursuant to this Agreement. The Government shall provide subsequent reports within thirty calendar days after the final day of each succeeding quarter until the Government concludes work under this Agreement. 3. Upon conclusion of all work under this Agreement, the Government shall complete a final accounting and furnish the Contributor with written notice of the results of such final accounting. If the costs of the activities under this Agreement exceed the amount of funds provided by the Contributor, the Contributor shall provide the required additional funds within thirty calendar days of such written notice. If any funds provided by the Contributor were not obligated for activities under this Agreement, the Government shall refund those funds to the Contributor within thirty calendar days of completion of the final accounting. 4. No credit or repayment is authorized, nor shall be provided, for any funds provided by the Contributor and obligated by the Government for activities under this Agreement. 5. Nothing herein shall constitute, represent, or imply any commitment regarding the Government's consideration of the Section 408 request. The acceptance and expenditure of funds will not impact impartial decision making at any level of the Government with respect to the review and any final decision, either substantively or procedurally. The review must comply with all applicable laws, regulations and procedures. None of the funds provided under this Agreement will be used by the decision maker in his or her review, recommendations, or decision concerning a Section 408 request. 6. The Parties agree to use their best efforts to resolve any dispute in an informal fashion through consultation and communication. If the Parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non- binding alternative dispute resolution with a qualified third party acceptable to the Parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. 7. This Agreement may be modified only by a written amendment to this Agreement signed by both Parties. Either party may terminate further performance under this 2 of 4 Agreement by providing 60 calendar days advance written notice to the other party. In the event of termination, the Contributor remains responsible for all costs incurred by the Government pursuant to this Agreement. 8. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed by registered or certified mail, with return receipt, as follows: If to the Contributor: Noel C. Bennion Capital Projects and Parks Manager City of Riverside 2950 NW Vivion Rd. Riverside, MO 64150 If to the Government: Andrew T. Niewohner Colonel, Corps of Engineers District Commander 601 E 12th Street Kansas City, MO 64106-2824 A party may change the recipient or address to which such communications are to be directed by giving written notice to the other party in the manner provided in this paragraph. 9. In the exercise of their respective rights and obligations under this Agreement, the Government and the Contributor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. 10. To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Commander. DEPARTMENT OF THE ARMY CONTRIBUTOR Digitally signed by NIEWOHNERANREW THO MASi 747506496D Date:2025.03.10 19:14:09 BY: 0500 BY: �"[11 Andrew T. Niewohner ath Ros Colonel, Corps of Engineers Mayor District Commander I � DATE: (446I I z, Z 0� 5� DATE: , 4 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Commander. DEPARTMENT OF THE ARMY CONTRIBUTOR BY: BY: 1d7. Andrew T. Niewohner ath Rose Colonel, Corps of Engineers Mayor District Commander DATE: DATE: 02 QCSJ 4 of 4 Riverway Blvd Section 408 Scope of Work Background - Section 408: US Army Corps of Engineers' approval is required for requests by private, public, tribal, or other federal entities to make alterations to, or temporarily or permanently occupy or use, any federally authorized Civil Works project under 33 USC 408 (Section 408). Proposed alterations must not be injurious to the public interest or impair the usefulness of the USACE project. Assumptions: This Section 408 scope of work and estimated hours assumes the below timeline. • 408 Pre-Application Meeting • 408 90% Submittal Review • 408 Final Submittal Review • Design team response/USAGE Backcheck Requirements for data, analyses, and documentation may be subject to change as additional information about the Section 408 proposal is developed and reviewed. It is also assumed that there are no federally owned lands in the project area. USAGE will use an overarching Section 408 program review plan or Procedural Review Plan. USACE does not plan to develop an alteration-specific review plan or an Agency Technical Review for the Riverway Blvd. application. (Typically, alteration-specific review plans are used for dam or levee alternations that may have life-safety considerations and require additional levels of reviews.) If at the time of submission of excavation plans it is determined an Agency Technical Review is required, The City of Riverside will be notified and provided with a new scope of work and review estimate. Scooe of Work Activities - Section 408 Permissions Review: USACE's Engineering, Real Estate, and Planning (Environmental) sections will review the re-submitted application in accordance with the Kansas City District procedural review plan and Engineer Circular 1165-2-220. Each Section will document their findings in accordance with the review plan. A summary of findings and draft decision letter with terms and conditions will be completed and routed for final approval. Schedule: Within 75 days or less of final resubmission of revised 408 application or additional information. Cost: $3,500. Legal Review: USAGE will review for legal sufficiency. Schedule: Within 5 business days or less of finalizing Summary of Findings. Cost: no cost. Final Decision and Notification: USACE's District Commander will decide whether to authorize the proposed project. USACE will provide a decision letter to The City of Riverside. Schedule: Within 10 business days or less of finalizing the legal review. Cost: 1 of 2 no cost. Summary of Cost and Schedule: Total estimated cost is $3,500 and the decision letter is expected within 90 days or less of the 408 application, approved funding agreement and funds receipt. 2 of 2