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ORD 39711 - Agmt with Omaha Healthy Kids Alliance for construction specialist 0t CMPH A,NE�� �� U �. Planning Department � �/ ; Omaha/Douglas Civic Center pk 1819 Farnam Street,Suite 1100 ®o W � Omaha,Nebraska 68183 (402)444-5150 �'0 �� 1 elefax(402)444 6140 �4 i.ED FEBRtA4 R. E. Cunningham,RA,F.SAME City of Omaha Director Jim Sunk,Mayor June 11, 2013 Honorable President and Members of the City Council, The attached proposed Ordinance approves an Agreement between the City of Omaha and The Omaha Healthy Kids Alliance, a Nebraska non-profit corporation, 5006 Underwood Avenue, Omaha, Nebraska 68132, in the amount of$191,000.00 for the purpose of providing funding for a Healthy Homes Construction Specialist for a three-year period. As a result of this agreement, the City of Omaha will hire one Construction Specialist who will perform healthy homes assessments and help property owners create healthy living environments. Your favorable consideration of this Ordinance is requested. Respectfully submitted, Referre,c147 City Council for Consideration: j .� 12- licL-A-- / /l , 3 . E. Cunningham, RA, F. SAME.HL.. Date Mayor's 0 fice Date -Pelf Planning Director Approved: 0_52--0--4— 44-4-:---4-- ,i—r-3o -(i Al Herink 1 / Date Acting Finance Director 1859 dl}i ORDINANCE NO. d97// AN ORDNANCE to approve the attached Agreement between Omaha Healthy Kids Alliance, a Nebraska nonprofit corporation, 5006 Underwood Avenue, Omaha, Nebraska 68132, and the City of Omaha in the amount of$191,000.00 to support the cost of a Healthy Homes Construction Specialist for three years; to authorize payment from such grant funding involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That, as recommended by the Mayor, the acceptance of a grant, in the amount of $191,000.00, from Omaha Healthy Kids Alliance to support the cost of a Healthy Homes Construction Specialist for three years. A copy of the Agreement is attached and by this reference made a part hereof Section 2. That, the grant period is three years, commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule Charter, expenditures from such grant funds and involving appropriations of more than one year are hereby authorized and the Finance Director is authorized to make payment in accordance therewith. Section 3. That this Ordinance being administrative, and not legislative, in character shall be in full force and take effect immediately upon passage. ORDINANCE NO. (591// PAGE 2 INTRODUCED BY COUNCILMEMBER APPROVED BY: MAYOR OF THE CITY OF OMAHA A 0 PASSED JUN 2 5 2013 ATTEST: APPROVED AS TO FORM: City Clerk of the City of Omaha • City Attorney 1859 dlh AGREEMENT This Agreement is made as of the date of May 8, 2013, by and between Omaha Healthy Kids Alliance ("OHKA") and the City of Omaha ("City") (at times referred to collectively as "the Parties"). In consideration of the mutual undertakings contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, OHKA and City agree as follows. RECITALS WHEREAS, OHKA is the recipient of a grant (the "Grant") from the Kresge Foundation. WHEREAS, one of the conditions of the Grant is that OHKA collaborate with City in the hiring, appointment, and payment of one full-time Healthy Homes Code Specialist ("HHCS"). WHEREAS, OHKA and City have reached terms concomitant with the requirements of the Grant, as hereafter enumerated. ARTICLE 1. CITY RESPONSIBILITIES 1.1 The City Agrees As Follows: (a) To hire one full-time HHCS and include all benefits and insurance coverage normally included in the City's hiring guidelines. . (b) To pay for all training, background checks, licensing, and insurance used in, or in connection with, the performance of the employee hired. (c) To hire the HHCS and have the HHCS commence employment no later than July 1, 2013. (d) To comply with the performance objectives outlined in the Job Description for the HHCS as developed by OHKA per the guidelines of the Grant. The Job Description is attached hereto and incorporated as if fully set forth herein. (e) ' To provide quarterly reports to OHKA as designated in the Job Description. (f) Not to make any changes to the employee, the job description, or the duties of the HHCS without first obtaining the written consent of OHKA ADM IN01/9998700.043 0/1 3 14 897 1.2 (g) Not to employ any person whose employment on or in connection with this contract may be objectionable to OHKA. (h) To comply with all Federal and State laws, codes and regulations and all municipal ordinances and regulations effective where the work is to be (i) performed under this contract, and to pay all fees, taxes and expenses connected with such compliance and also pay all fees, taxes, and other expenses imposed by any State or Federal Law or any workers compensation insurance, pension, retirement fund, or any similar law, regulation, or program. ARTICLE 2. OHKA RESPONSIBILITIES 2.1 OHKA Agrees As Follows: (a) To pay the City for the full, faithful and prompt performance of this contract agreement, subject to all terms and conditions hereof, the sum of $191,000, payment to be made as follows: (i) The City will invoice OHKA within thirty days of the start date of the HHCS for $61,000 to cover his/her first year of salary and benefits. (ii) The City will invoice OHKA in December 2013 for $63,000 to cover the second year of salary and benefits (iii) The City will invoice OHKA in December of 2014 for $67,000 to cover the third year of salary and benefits. (b) OHKA reserves the right to cancel this Agreement at any time, but agrees to provide at least 30 days' notice in writing, prior to taking any such action. ARTICLE 3. INDEMNIFICATION 3.1 OHKA's Obligation. OHKA agrees to indemnify and hold City harmless from and against, and in respect of, any and all damages, claims, losses, demands, suits, fines, penalties and liabilities asserted against or incurred, and all expenses(including all reasonable fees and expenses of counsel, travel costs and other out-of-pocket costs) incurred in connection with pending or threatened litigation or other proceedings ("Expenses") which arise out of or relate to any claim, action or proceeding asserted by a third party to the extent exclusively and solely arising out of any matter or thing constituting a breach by OHKA hereunder or any gross negligence or willful misconduct by OHKA (or its 2 ADMIN0 1/999 8 7 00.0430/13148971.2 employees or agents) in its performance of this Agreement. OHKA shall not have an employer/ employee or principal / agent or any other kind of relationship with the HHCS. 3.2 City's Obligation. City agrees to indemnify and hold OHKA harmless from and against, and in respect of, any and all damages, claims, losses, demands, suits, fines, penalties and liabilities asserted against or incurred, and all expenses (including all reasonable fees and expenses of counsel, travel costs and other out- of-pocket costs) incurred in connection with pending or threatened litigation or other proceedings ("Expenses") which arise out of or relate to any claim, action or proceeding asserted by a third party to the extent exclusively and solely arising out of any matter or thing constituting a breach by City hereunder or any gross negligence or willful misconduct by City (or its employees or agents) in its performance of this Agreement. ARTICLE 4. MISCELLANEOUS 4.1 Notices. All notices, requests, claims, demands and other communications required or permitted hereunder shall be in writing and shall be deemed given or delivered (i) when delivered personally, (ii) if transmitted by facsimile when confirmation of transmission is received, (iii) if sent by registered or certified mail, postage prepaid, return receipt requested, on the third business day after mailing or (iv) if sent by private courier when received; and shall be addressed as follows: If to OHKA, to: Omaha Healthy Kids Alliance 5006 Underwood Ave. Omaha,NE 68132 If to City, to: City of Omaha Planning Department Attn: Edward Dantzler 1819 Farnam Street, Suite 1111 Omaha,NE 68138 or to such other address as such Party may indicate by a notice delivered to the other Party. 3 ADM IN 01/9998700.0430/1314 8971.2 4.2 Entire Agreement. This Agreement is the entire agreement between the Parties hereto with respect to the subject matter hereof, there being no prior written or oral promises or representations not incorporated herein. 4.3 Choice of Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Nebraska and the federal laws of the United States of America applicable therein, as though all acts and omissions related hereto occurred in Nebraska. Any lawsuit arising from or related to this Agreement shall only be brought in the United States District Court for the District of Nebraska or the District Court of Douglas County, Nebraska. To the extent permissible by law, the Parties hereby consent to the jurisdiction and venue of such courts. Each Party hereby waives, releases and agrees not to assert, and agrees to cause its Affiliates to waive, release and not assert, any rights such Party or its Affiliates may have under any foreign law or regulation that would be inconsistent with the terms of this Agreement as governed by Nebraska law. 4.4 Amendment; Waiver. No amendment or modification of the terms of this Agreement shall be binding on either Party unless reduced to writing and signed by an authorized representative of the Party to be bound. The waiver by either Party of any particular default by the other Party shall not affect or impair the rights of the Party so waiving with respect to any subsequent default of the same or a different kind; nor shall any delay or omission by either Party to exercise any right arising from any default by the other affect or impair any rights which the nondefaulting Party may have with respect to the same or any future default. 4.5 Severability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall be ineffective in such jurisdiction to the extent of such prohibition or unenforceability without affecting, impairing or invalidating the remaining provisions or the enforceability of this Agreement. 4.6 Relationship of the Parties. By virtue of this Agreement, neither Party constitutes the other as its agent, partner,joint venturer, or legal representative nor does either Party have express or implied authority to bind the other in any manner whatsoever. 4.7 Counterparts. For convenience of the Parties hereto, this Agreement may be executed in one or more counterparts, each of which shall be deemed an original for all purposes. 4.8 Records Retention. Each Party will retain all information obtained or created in the course of performance hereunder in accordance with the records retention guidelines of the other Party existing from time to time. Each Party has advised the other of its respective guidelines as in effect on the Effective Date and will advise the other Party of any subsequent changes therein. 4 ADMIN01/9998700.0430/13148971.2 IN WITNESS WHEREOF, OHKA and the City have executed this Agreement as of the date indicated below: WITNESS: Oma a He lthyJ Kids Alliance: / J By: Ai` r7,,,, , By: (.-� / L' S(g(r 3 Date ara Henner Eastman, MSW Date . President and CEO STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) On this 8th day of May, 2013 A.D., before me, Ai, Fu , a Notary Public in and for said County, personally came Kara Henner Eastman, MSW President and CEO, personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and she acknowledged the said instrument and the execution thereof to be her voluntary act and deed, for the purposes therein expressed. In testimony whereof, I have hereunto set my hand and affixed by my Notary Seal at Omaha, Nebraska on the day and date last above written. GENERAL NOTARY••State of Nebraska Ill RIKKI M.FLATT �4/*/ ` My Comm.Exp.July 2,2014 Notary Public My Commission expires 7/a- , 20 l y. ATTEST CITY OF OMAHA, A Municipal Corporation C ty Clerk of the City of Omaha Date Mayor of the City of Omaha Date APPROVED AS TO FORM: Assistant City Attorney Date 5 AD M IN 01/9998700.0430/13148971.2 i r �yZ 1 ORDINANCE NO. c 97// AN ORDINANCE to approve the attached Agreement between Omaha Healthy Kids Alliance, a Nebraska nonprofit corporation, 5006 Underwood Avenue, Omaha, Nebraska 68132, and the City of Omaha in the amount of $191,000.00 to support the cost of a Healthy Homes Construction Specialist for three years; to authorize payment from such grant funding involving appropriations of more than one year in conformity with Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof. 1859 dlh PRESENTED TO COUNCIL 1st ea ing JUN 1 1 2013 —__ • Hearn JUN 1 8 2013 PUBLICATIONS Final Reaeing__ ti gII13 PUBLICATION OF HEARING P(7,SSPd - O Date � ' i I — 13 BUSTER BROWN PUBLICATION OF ORDINANCE City Clerk Date � ii5) 1Ll.2)