INTERGOVERNMENTAL AGREEMENT

BETWEEN

THE LAKE BORGNE BASIN LEVEE DISTRICT

AND

THE ORLEANS LEVEE DISTRICT

This Agreement is entered into between the LAKE BORGNE BASIN LEVEE

DISTRICT (LBBLD) represented by its duly authorized Executive Director, Nicholas P. Cali, the ORLEANS LEVEE DISTRICT (OLD) represented by its duly authorized Executive Director, Gerard J. Gillen, III, and the COASTAL PROTECTION AND RESTORATION

AUTHORITY BOARD (CPRA) acting by and through the Chair of the CPRA, Jerome Zeringue, on this ____ day of ________________, 2014, to provide funding for the Federal

Emergency Management Agency (FEMA) required certification of the Forty-Arpent Levee in Orleans Parish and St. Bernard Parish (hereinafter referred to as the levee system).

WHEREAS, the Southeast Louisiana Flood Protection Authority-East (SLFPA-E) is

the governing authority of both the OLD and the LBBLD; and

WHERAS, this Agreement is authorized pursuant to the provisions of the SLFPA-E

Resolution No. 01-16-14-03, adopted on the 16th day of January, 2014; and

WHEREAS, Article VII, Section 14 of the Louisiana Constitution provides, in part, that

(f)or a public purpose, the state and its political subdivisions . . . may engage in cooperative

endeavors with each other; and,

WHEREAS, OLD and LBBLD are political subdivisions charged with the duty to

maintain the levee systems in St. Bernard Parish and Orleans Parish in accordance with La.

Const. Ar. VI, 38 and La. R.S. 38:281, et seq; and

WHEREAS, pursuant to La. R.S. 38:301.1, levee districts located wholly or partially in

the coastal area may expend funds for projects and programs outside of their normal

jurisdictional bounds on the condition that the funds are used consistent with the purposes and

intent expressed in R.S. 49:214.1 and will benefit the jurisdiction from which the funds are

derived; and

WHEREAS, pursuant to La. R.S. 49:214.5.2(A)(1), the CPRA represents the State of

Louisianas position relative to the protection, conservation, enhancement, and restoration of the coastal area of the state through oversight of integrated coastal protection projects and programs

and at La. R.S. 49:214.5.2(A)(7) the CPRA has the power and authority to enter into any contract

with any political subdivision of the state for the study, planning, engineering, design,

construction, operation, maintenance, repair, rehabilitation, or replacement of any integrated

coastal protection project, which may be necessary;

WHEREAS, pursuant to La. R.S. 38:301.1(D), the CPRA has the power and authority to

enter into a cooperative agreement to authorize coastal area levee districts to expend funds for

projects and programs outside of their normal jurisdictional bounds on the condition that the

funds will benefit the jurisdiction from which the funds are derived and has reviewed this

agreement and determined that it is consistent with the legislative purpose and intent expressed

in La. R.S. 49:214.1, reflected by the passage of Resolution No. 01-16-14-03 on the 16th day of

January, 2014; and

WHEREAS, it is the levee owner or the communitys responsibility to provide data and documentation to demonstrate that a levee system meets the National Flood Insurance Program

(NFIP) requirements as described in Title 44 Chapter 1, 65.10 of the Code of Federal Regulations (44 CFR 65.10); and

WHEREAS, to be recognized as providing a 1 percent-annual-chance level of flood

protection on the modernized NFIP maps, called Digital Flood Insurance Rate Maps

(DFIRMS), levee systems must meet and continue to meet the minimum design, operation and maintenance standards; and

WHEREAS, subsequent to a formal request by FEMA to present certification

documents, SLFPA-E entered into a Provisionally Accredited Levee (PAL) agreement, which allowed two years to complete the engineering work necessary to develop the certification

documents; and

WHEREAS, the certification work includes, but is not limited to, levee inspection, land

surveying, soil borings and other geotechnical engineering analysis, review and modification of

Operation, Maintenance and Emergency Plans; and

WHEREAS, in furtherance of its obligations incurred by the signing of the PAL

agreement and pursuant to Resolution No. 11-15-12-06 adopted on the 15th day of November,

2012, SLFPA-E has contracted with an engineering firm, TETRA TECH, INC to conduct the

work needed for certification; and

WHEREAS, the levee system covered by this agreement stretches across the OLD and

the LBBLD jurisdictions; and

WHEREAS, certification is only available for the entire levee system, not individual

segments of levees delineated only by political boundaries; and

WHEREAS, the failure to certify the levee system could have disastrous effects to the

protection and flood insurance of the land within both OLD and LBBLD jurisdiction; and

WHEREAS, OLD, LBBLD and CPRA acknowledge and agree that certification of the

levee system within the jurisdictional boundaries of OLD and LBBLD will provide a benefit to

the citizens within OLD and LBBLD; and

WHEREAS, this Agreement will be mutually beneficial to the parties in the furtherance

of their respective statutory purposes, duties, and authorities, and each party expects to receive a

public benefit at least equal to the costs of the responsibilities undertaken pursuant hereto;

NOW, THEREFORE, in consideration of the parties mutual undertakings herein and the purposes, duties, and authorities granted under La. R.S. 49:214.1 et seq and the constitution

and general laws of the State of Louisiana, the OLD and the LBBLD do hereby agree as follows:

1. The purpose of this Agreement is a public purpose; that is to ensure the certification for accreditation of the Forty-Arpent Levee to maintain flood protection for the public.

2. It is acknowledged by all parties that funds spent by OLD and LBBLD in accordance with this Agreement and in connection with the certification for accreditation of the

Forty-Arpent Levee will benefit the jurisdictions of OLD and LBBD by ensuring the

certification for accreditation of desperately needed flood protection to the citizens

located within the jurisdictions of the OLD and LBBLD and provide data and

documentation to demonstrate that the levee system meets the National Flood Insurance

Program (NFIP) requirements. Accordingly, CPRA hereby authorizes OLD and LBBLD to expend funds in connection with the certification for accreditation of the

Forty-Arpent Levee, and all matters incidental thereto.

3. The total cost of the certification effort is estimated to be approximately Four Million Five Hundred Thousand Dollars ($4,500,000.00) to be borne by both OLD and LBBLD.

4. The OLD hereby agrees to fund the balance of the certification work conducted by TETRA TECH, INC not accounted for by its pro-rata share (as determined by ownership

of the levee system) and that paid by LBBLD.

IN WITNESS WHEREOF, the parties hereto acknowledge their intentions to be bound

by this Agreement by their duly authorized representatives signatures affixed hereto on the dates

shown below.

ORLEANS LEVEE DISTRICT LAKE BORGNE BASIN LEVEE

DISTRICT

By:__________________________________ By:_________________________________

Gerard J. Gillen, III, Executive Director Nicholas P. Cali, Executive Director

Witnesses: Witnesses:

_____________________________________ ____________________________________

_____________________________________ ____________________________________

STATE OF LOUISIANA

COASTAL PROTECTION AND

RESTORATION AUTHORITY BOARD

BY:

Jerome Zeringue

Chair, Coastal Protection

and Restoration Authority Board

Witnesses:

_____________________________________

_____________________________________