RES 2014-0364 - Agmt with Keep Omaha Beautiful to promote storm water pollution prevention r
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�' Public Works Department
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1819 Farnam Street,Suite 601
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�®r'r,_t�� i March 25, 2014
F � � "h" Omaha,Nebraska 68183-0601
o (402)444-5220
41ED FEr3lk Fax(402)444-5248
City of Omaha 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 Agreement with Keep Omaha Beautiful, Inc.
(KOB) to perform specific activities that promote storm water pollution prevention and public
education. The activities performed under this Agreement will allow the City to meet State
permit requirements for implementing a storm water management plan.
KOB has agreed to provide services listed in the Agreement for the sum of$40,000.00 to be paid
from the Storm Water Fee Revenue Fund 12128, Storm Water Management Organization
116312, year 2014 expenditure.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, Referred to City Council for Consideration:
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54/. /1 (--(
Robert G. Stubbe, P.E. Date Mayor's Office Date
Public Works Director
Appro ed as to Funding:
,w Steph B. Curtiss Date
Finance Director
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AGREEMENT'
THIS AGREEMENT made and entered into this o27 day of ,2014, between
the CITY OF OMAHA, 1819 Farnam Street, Omaha,Nebraska 68 83, a Municipal Corporation
of the State of Nebraska(hereinafter also referred to as the "CITY"),and KEEP OMAHA
BEAUTIFUL,INC.a Non-Profit Corporation of the State of Nebraska(hereinafter referred to
as "KOB").
WITNESSETH:
NOW, THEREFORE,the parties, in consideration of the undertakings and commitments of
each party to the other party set forth herein, hereby mutually agree as follows:
1) GENERAL This Agreement is for the implementation of and assistance with the
successful promotion of storm water pollution prevention and education.
2) TERM The term of this agreement shall be for one year beginning on January 1,2014.
3) DUTIES OF THE CITY To pay the total sum of$40,000 within ten days of the signing
of the agreement.
4) DUTIES OF KOB To perform activities (A)to promote successful completion of the
Cleanup Omaha Campaign 2014, and(B)to execute other programs as specified herein.
(A) KOB shall assist in the planning, promotion and organization of the Neighborhood
Spring Cleanup program during January and February and shall organize the workshop in
February 2014. Additional support in the form of organizing volunteers shall be provided
as requested by the CITY.
(B) The following are additional KOB programs that support the CITY:
1) KOB shall continue the Adopt-A-Block program designed to encourage business
owners to accept responsibility for the appearance of private and public ground
adjacent to their places of business and will be promoted through the Chamber of
Commerce.
2) KOB shall provide education and promote participation in the litter control and
recycling programs of the CITY, coordinating public service announcements and
preparing printed materials in English and Spanish.
3) KOB shall organize volunteers for the "Helping Hands" program during April
through October, to clean up of yards for elderly and disabled residents.
4) KOB shall assist in promoting and marketing OmaGro compost.
5) KOB shall organize cleanups of local parks via coordination of various volunteer
groups.
6) KOB shall provide a special "Thank You"breakfast for the CITY garbage and
recycling collection contractor's employees.
7) KOB shall organize groups of agencies serving area youth to clean up litter in
conjunction with special events.
8) KOB shall continue coordinate the 51 successful Adopt-A-Park locations and
work to expand this program.
9) KOB shall work to expand our trails program to include weekly cleanup of not
only the Keystone Trail and those along the Papio Trail System, but also Zorinsky
Standing Bear,Wehrspann/Chalco, Glen Cunningham,Field Club, West Papio,
Big Papio and the 144th Street Trail, plus any new trails that are added.
10)KOB shall work with the Sienna Francis House staff and clients in the litter
cleanup of Eugene Leahy Mall and the Qwest Center area.
Administering all these programs will require the efforts of all KOB staff, plus
recruiting, training and working with hundreds of volunteers. Many program supplies,
including hundreds of bags and gloves will be used. Printed materials will be
produced in both English and Spanish.
5) REPORTS AND ACCOUNTS KOB shall keep accounts and make all reports required
by Section 10-162 of the Omaha Municipal Code.
6) ENTIRE AGREEMENT This Agreement constitutes the entire agreement, and no
amendment, change of variance from this Agreement shall be binding on either party
unless mutually agreed to by the parties and executed by their authorized officers or
agents in writing.
7) NON-DISCRIMINATION Shall not in the performance of this agreement, discriminate
or permit discrimination in violation of federal or state laws or local ordinances because
of race, color, sex, age, disability, political or religious opinions, affiliations or national
origin.
8) LB 403 - WORK ELIGIBILITY KOB ("the Provider") 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 Provider is an individual or sole proprietorship,the following applies:
a) The Provider must complete the United States Citizenship Attestation Form,
available on the Department of Administrative Services website at
www.das.state.ne.us.
b) If the Provider indicates on such attestation form that he or she is a qualified alien,
the Provider agrees to provide the U.S. Citizenship and Immigration Services
documentation required to verify the Provider's lawful presence in the United
States using the Systematic Alien Verification for Entitlements (SAVE) Program.
c) The Provider understands and agrees that lawful presence in the United States is
required and the Provider may be disqualified or the contract terminated if such
lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108.
9) CAPTIONS Captions used in this agreement are for convenience and are not used in the
construction of this agreement.
10)APPLICABLE LAW Parties to this agreement shall conform to all existing and
applicable City Ordinances, Resolutions, State Laws, Federal Laws and all existing and
applicable rules and regulations. Nebraska law will govern the terms and the
performance under this agreement.
11)INTEREST OF THE CITY Pursuant to Section 8.05 of the Home Rule Charter, no
elected official or any officer of employee of the City of Omaha shall have 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.
12)MERGER The Agreement shall not be merged into any other oral or written agreement,
lease or deed of any type.
13)MODIFICATION This agreement contains the entire agreement of the parties. No
reimbursements 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 herein unless done in writing and signed by an
authorized officer of the respective parties.
IN WITNESS WHEREOF,the parties have affixed their signatures hereto the day and year
first written above.
Attest: The CITY OF OMAHA, a Municipal
Corporation:
By: ./. //evid 3-027-W. By:digi,t_ . -bryi_144
> City Clerk Date Mayor, City of Omaha Date
KEEP OMAHA BEAUTIFUL,INC., a
Non-profit Corporation:
By:
B RD CHAIRPERSON Date
- 25/ f51.
APPROVED AS TO FORM:
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By: f/2'� :�'l:.` "%r-/ •
DEPUTY CITY ATTORNEY Date
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
4,
WHEREAS, the City of Omaha has been issued a permit by the Nebraska
Department of Environmental Quality which requires promotion of storm water pollution
prevention and public education; and,
WHEREAS, Keep Omaha Beautiful, Inc., (hereinafter KOB), has agreed to
perform activities that promote storm water pollution prevention and to execute the programs as
specified in the attached Agreement, which by reference becomes a part herein; and,
WHEREAS, the City will pay KOB for services listed in the Agreement a fee of
$40,000.00 from the Storm Water Fee Revenue Fund 12128, Storm Water Management
Organization 116312, year 2014 expenditure.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the Agreement with Keep Omaha
Beautiful, Inc. to promote storm water pollution prevention and public education activities for
2014 is hereby approved.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay to KOB a total of $40,000
from the Storm Water Fee Revenue Fund 12128, Storm Water Management Organization
116312, year 2014 expenditure.
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APPROVED AS TO FORM:
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CITY ATTORNEY DATE
B
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Councilmember
Adopted MAR 2 5 2014 6i -
'ty CI rk
Approv 6"
Mayor
NO. %:"`�
Resolution by
Res. that, as recommended by the Mayor. the
Agreement with Keep Omaha Beautiful, Inc.
to promote storm water pollution prevention
and public education activities for 2014 is
hereby approved; further that the Finance
Department is authorized to pay to KOB a
total of $40,000 from the Storm Water Fee
Revenue Fund 12128, Storm Water
Management Organization 116312, year 2014
expenditure.
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Presented to City Council
MAR..2..5..2014
Adopted
gaiter grown
City Clerk