RES 2010-1455 - Technology use agmt with DOTComm for capital projects funding' 1
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,� OM� 4�,��� Finance Department
o ,, � Omaha/Douglas Civic Center
n 1819 Farnam Street,Suite 1004
t Omaha,Nebraska 68183-1004
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AoR ��ro Telefax(402)546-1150
4TFD FEBR�r
Pam Spaccarotella
City of Omaha Director
Jim Suttle,Mayor
Allen R.Herink
City Comptroller
Honorable President -
and Members of the City Council,
Attached is a Resolution authorizing the City of Omaha to enter into a Technology Use
Agreement with Douglas County and DOT.Comm to provide a method for funding seven
specific Capital Projects. DOT.Comm has approached both the City of Omaha and Douglas
County identifying seven Capital Projects which they believe need to be completed in order to
ensure continuing viability of the computer network.
The attached Technology Use Agreement provides that the City will request the issuance of lease
purchase bonds by the City of Omaha's Public Facility Corporation to allow for purchasing
equipment, hardware, professional services necessary to implement the seven Capital Projects. It
is anticipated that the lease purchase bonds shall be for a period of five (5) years. This
Agreement provides that Douglas County shall fund fifty percent (50%) of the lease purchase
bonds that are issued. It also details the responsibilities of DOT.Comm and provides that
contracts and purchase orders will be provided to the City for approval and County for review.
The Finance Department requests your consideration and recommends approval of this
Agreement.
Respectfully submitted and Referred to City Council for Consideration,
Approved as to Funding,
1..A.,01,)a 1_4 )16
Pam Spaccarotella Date Mayor's Office Date
Finance Director
p:\law-city council documents\2010\10251dae.doc
am Spaccarotella Date Human Rights and Relations Date
Finance Director Department
eferre ity Council for Consideration:
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26144/aVa
May is f ce Date
rning bodies.
3
ified Penetration(ASTM D243) $150.00 ea.
MAPA 5095(3)Exhibit C,page 1
re to be performed. He shall
be capable of planning and supervising inspections and tests, reviewing and approving
procedures, and evaluating the adequacy of activities to accomplish objectives. He
shall be capable of organizing and reporting results and of certifying the validity of
results.
MAPA 5095(3) Exhibit B-2,page 4
ionally,the undersigned/contractor will be subject to the terms of any future
contract awards.
Signature
Title Date of Signing
Firm or Corporate Name
Address Telephone Number
r becomes involved in or is threatened with litigation as a result of such
directions by the city, the city will enter into such litigation as is necessary to protect the
interests of the city and to effectuate these provisions(of this division); and in the case of
contracts receiving federal assistance, the contractor or the city may request the United
States to enter into such litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance
reports with the contractor in the dame form and to the same extent as required by the
federal government for federal contracts under federal rules and regulations. Such
compliance reports shall be filed with the contract compliance officer. Compliance
reports filed at such times as directed shall contain information as to the employment
practices,policies, programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section,
"Equal Employment Opportunity Clause," and section 10-193 in every subcontract of
purchase order so that such provisions will be binding upon each subcontractor or
vendor.
MAPA 5095(3)
he Trustee or the Corporation, disbursement of such
4810-5534-0293.3 8
l Statement to obtain information essential and material to the making of an informed investment decision.
yo The Bonds are being offered when,as and if issued by the Corporation and accepted by the Underwriters,subject to the approval
g Y of legality of the Bonds by Kutak Rock LLP,Bond Counsel,and to certain other conditions. Certain legal matters will be passed upon
E . for the City by the City Law Department. Certain matters will be passed upon for the Underwriters by their counsel,Kutak Rock LLP.
° It is expected that delivery of the Bonds will be made on or about May 2010 at DTC against payment therefor.
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TECHNOLOGY USE AGREEMENT
This Technology Use Agreement (hereinafter referred to as "Use Agreement") is hereby
made and entered into this // day of ,bet m4'r , 2010, by and between the City of
Omaha, a municipal corporation, organized and existing under the laws of the state of Nebraska,
located in Douglas County, Nebraska (hereinafter referred to as the "City"); and the County of
Douglas, a political subdivision, organized and existing under the laws of the state of Nebraska,
located in Douglas County,Nebraska (hereinafter referred to as "County"); and DOT.Comm, an
entity created as a result of an Interlocal Agreement dated December 11, 2001 between City and
County (hereinafter referred to as "DOT.Comm").
WHEREAS, the City and County created DOT.Comm for the purpose of providing
technological services; and,
WHEREAS, DOT.Comm has identified seven specific "Capital Projects" which it
believes need to be completed as soon as possible in order to ensure its continuing viability; and,
WHEREAS, the City has agreed to request the issuance by the City of Omaha Public
Facilities Corporation, a Nebraska nonprofit corporation, of Lease Purchase Bonds and to enter
into a lease purchase agreement with such corporation for purposes of purchasing equipment,
hardware and professional services necessary to implement the Capital Projects identified in the
attached Exhibit"A"in the amount up to $4,071,000.00 requested by DOT.Comm; and,
WHEREAS, City anticipates the term of the Lease Purchase Bonds to be for a period of
five(5) years; and,
WHEREAS, County will also benefit by the City's expenditure of funds and the Capital
Projects funded through Lease Purchase Bonds which are to be issued; and,
WHEREAS,DOT.Comm has agreed to be responsible for overseeing the development of
the Capital Projects identified in the attached Exhibit"A"; and,
WHEREAS, City and County have agreed that because County would benefit from the
Capital Projects being funded by the City, that County will contribute one-half of the cost
thereto.
• NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
AGREEMENTS HEREIN CONTAINS THE CITY, COUNTY, AND DOT.COMM DO
HEREBY MUTUALLY UNDERTAKE, PROMISE, AGREE AND CONTRACT EACH FOR
ITSELF AND ITS SUCCESSORS AND ASSIGNS AS FOLLOWS:
1. Purpose. The purpose of this Use Agreement is to specify the duties and
responsibilities of each party hereto in connection with the City's funding of various Capital
Projects as identified in Exhibit "A" for which the County will benefit and to provide for
payment by the County at the rate of their use benefits.
results.
MAPA 5095(3) Exhibit B-2,page 4
ionally,the undersigned/contractor will be subject to the terms of any future
contract awards.
Signature
Title Date of Signing
Firm or Corporate Name
Address Telephone Number
r becomes involved in or is threatened with litigation as a result of such
directions by the city, the city will enter into such litigation as is necessary to protect the
interests of the city and to effectuate these provisions(of this division); and in the case of
contracts receiving federal assistance, the contractor or the city may request the United
States to enter into such litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance
reports with the contractor in the dame form and to the same extent as required by the
federal government for federal contracts under federal rules and regulations. Such
compliance reports shall be filed with the contract compliance officer. Compliance
reports filed at such times as directed shall contain information as to the employment
practices,policies, programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section,
"Equal Employment Opportunity Clause," and section 10-193 in every subcontract of
purchase order so that such provisions will be binding upon each subcontractor or
vendor.
MAPA 5095(3)
he Trustee or the Corporation, disbursement of such
4810-5534-0293.3 8
l Statement to obtain information essential and material to the making of an informed investment decision.
yo The Bonds are being offered when,as and if issued by the Corporation and accepted by the Underwriters,subject to the approval
g Y of legality of the Bonds by Kutak Rock LLP,Bond Counsel,and to certain other conditions. Certain legal matters will be passed upon
E . for the City by the City Law Department. Certain matters will be passed upon for the Underwriters by their counsel,Kutak Rock LLP.
° It is expected that delivery of the Bonds will be made on or about May 2010 at DTC against payment therefor.
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2. Term. This Agreement shall be in full force from and take effect from the date
the City issues Lease Purchase Bonds to purchase equipment and other items comprising the
Capital Projects for a term of five (5) years unless earlier terminated by either of the parties
herein by providing written notice to the other at least sixty (60) days prior to the date of
termination with the understanding that upon termination any funds that are obligated to be paid
by the County will be paid on and, as of that date of,termination.
3. City Responsibilities. The City agrees to:
a. Request the City of Omaha Public Facilities Corporation to issue Lease
Purchase Bonds for those Capital Projects identified in Exhibit "A"which
is attached and enter into a Lease Purchase Agreement and any other
customary financing documents. City further agrees to otherwise
cooperate in furtherance of such issuance.
b. Use the proceeds of the Lease Purchase Bonds issue to buy capitalizable
equipment, installation services, necessary professional services, and
warranties comprising all or a portion of the capital projects.
c.. Meet its lease purchase obligations under such lease purchase agreement
including the payment to the City of Omaha Public Facilities Corporation
when due of lease rental payments in amounts sufficient for such
corporation to timely pay the debt service of the Lease Purchase Bonds.
4. County Responsibilities: In consideration for its use of the Capital Projects, the
County agrees to pay the City an amount equal to 50% of the total amount of the
principal and interest that the City is responsible to pay pursuant to the lease
rental schedule attached to the Lease Purchase Agreement between the City of
Omaha and the City of Omaha Public Facilities Corporation. The City will bill
the County on a semi-annual basis. Payment will be due to the City on April 1
and December 1 of each year. At the end of the five-year term of this Agreement,
the County will have made full payment. The total principal amount of the Lease
Purchase Bond issue will not exceed$4,100,000.00.
5. DOT.Comm Responsibilities: DOT.Comm shall have the responsibilities to:
a, Provide oversight for the purchase and installation of the services
necessary to complete the Capital Projects identified in Exhibit"A" which
will be owned by the City through the term of a lease purchase contract
and for a period of at least ninety(90) days thereafter. As is contemplated
by the Interlocal Agreement already in place,DOT.Comm will manage the
assets through the term of this Agreement and for a period of at least
ninety (90) days thereafter. Thereafter, DOT.Comm will manage the
assets pursuant to an arrangement between the City and County which will
not be effective until at least ninety(90) days after the final payment of the
Lease Purchase Bonds.
2
t of such
directions by the city, the city will enter into such litigation as is necessary to protect the
interests of the city and to effectuate these provisions(of this division); and in the case of
contracts receiving federal assistance, the contractor or the city may request the United
States to enter into such litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance
reports with the contractor in the dame form and to the same extent as required by the
federal government for federal contracts under federal rules and regulations. Such
compliance reports shall be filed with the contract compliance officer. Compliance
reports filed at such times as directed shall contain information as to the employment
practices,policies, programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section,
"Equal Employment Opportunity Clause," and section 10-193 in every subcontract of
purchase order so that such provisions will be binding upon each subcontractor or
vendor.
MAPA 5095(3)
he Trustee or the Corporation, disbursement of such
4810-5534-0293.3 8
l Statement to obtain information essential and material to the making of an informed investment decision.
yo The Bonds are being offered when,as and if issued by the Corporation and accepted by the Underwriters,subject to the approval
g Y of legality of the Bonds by Kutak Rock LLP,Bond Counsel,and to certain other conditions. Certain legal matters will be passed upon
E . for the City by the City Law Department. Certain matters will be passed upon for the Underwriters by their counsel,Kutak Rock LLP.
° It is expected that delivery of the Bonds will be made on or about May 2010 at DTC against payment therefor.
8
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COMPANIES DA.Davidson & Co.
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N
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member SIPC
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77, '° Dated: May 2010
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b. Provide to the City for approval and to the County for review, copies of
any and all contracts and purchase orders that it intends to execute in
furtherance of completion of the Capital Projects shown on the attached
Exhibit "A." That DOT.Comm will prepare benchmarks for each Capital
Project which it will provide to City and County prior to implementation
of each capital project. Payment by the City of the proceeds of the Lease
Purchase Bonds to Dot.Comm may be contingent upon DOT.Comm
reaching the benchmarks agreed to by City and County.
c. DOT.Comm will requisition the items needed for the Capital Projects
through the existing City process which shall include (a) for items that are
$20,000 and under, DOT.Comm will use City purchasing procedures; and
(b) for items over$20,000, City Council approval will be required.
6. Cooperation: That the parties shall cooperate and coordinate with each other to
enhance the City's ability to purchase the equipment and the County's ability to use the
equipment by the terms of this Agreement.
7. Tax Rider Requirements: The City, the County and DOT.Comm covenant and
agree for the benefit of the City of Omaha Public Facilities Corporation and the bondholders of
the Lease Purchase Bonds that (i) the City, the County and DOT.Comm, individually and
collectively, shall comply with all federal income tax laws and regulations, and shall enter or
comply with all tax and arbitrage agreements and covenants, as shall be necessary and desirable
upon the advice of the City's bond counsel in order for the interest on the Lease Purchase Bonds
to be excludable from gross income for purposes of federal income taxation; and (ii) the City
shall undertake to provide continuing disclosure for the benefit of the bondholders of the Lease
Purchase Bonds pursuant to Section (b)(5)(i) of Securities and Exchange Commission Rule
15c2-12 under the Securities Exchange Act of 1934, as amended (17 C.F.R. § 240.15c2-12), and
that the County and DOT.Comm, individually and collectively, shall, at the reasonable request of
the City, cooperate with and assist the City to comply with such continuing disclosure
undertaking.
8. General Conditions.
(a) Nondiscrimination.
None of the parties shall, 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 pursuant to the Americans with
Disabilities Act,political or religious opinions, affiliations or national origin.
(b) Captions.
Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
3
anage the
assets pursuant to an arrangement between the City and County which will
not be effective until at least ninety(90) days after the final payment of the
Lease Purchase Bonds.
2
t of such
directions by the city, the city will enter into such litigation as is necessary to protect the
interests of the city and to effectuate these provisions(of this division); and in the case of
contracts receiving federal assistance, the contractor or the city may request the United
States to enter into such litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance
reports with the contractor in the dame form and to the same extent as required by the
federal government for federal contracts under federal rules and regulations. Such
compliance reports shall be filed with the contract compliance officer. Compliance
reports filed at such times as directed shall contain information as to the employment
practices,policies, programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section,
"Equal Employment Opportunity Clause," and section 10-193 in every subcontract of
purchase order so that such provisions will be binding upon each subcontractor or
vendor.
MAPA 5095(3)
he Trustee or the Corporation, disbursement of such
4810-5534-0293.3 8
l Statement to obtain information essential and material to the making of an informed investment decision.
yo The Bonds are being offered when,as and if issued by the Corporation and accepted by the Underwriters,subject to the approval
g Y of legality of the Bonds by Kutak Rock LLP,Bond Counsel,and to certain other conditions. Certain legal matters will be passed upon
E . for the City by the City Law Department. Certain matters will be passed upon for the Underwriters by their counsel,Kutak Rock LLP.
° It is expected that delivery of the Bonds will be made on or about May 2010 at DTC against payment therefor.
8
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0 3 DAVIDSON
COMPANIES DA.Davidson & Co.
y EdwardJones
N
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member SIPC
• o
77, '° Dated: May 2010
7.9
.
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sa preliminary;subject to change
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(c) Applicable Law.
Parties to this Agreement shall conform with all existing and applicable city
ordinances, resolutions, state and local laws, federal laws, and all existing and
applicable rules and regulations. Nebraska law will govern the terms and the
performance under this Agreement.
(d) Interest of City.
Pursuant to section 8.05 of the Omaha Home Rule Charter, no elected official or
any officer or 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 of the City of
Omaha.
(e) Interest of the Parties.
City and County covenant that each presently has no interest and shall not acquire
any interest, direct or indirect, which would conflict with the performance of
services required to be performed under this Agreement; each further covenants
that, in the performance of this Agreement, no person having any such interest
shall be employed.
(f) Merger.
This contract shall not be merged into any other oral or written contract, lease or
deed of any type. This is the complete and full agreement of the parties.
(g) Modification.
This Agreement contains the entire agreement of the parties. No representations
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 hereof unless done in writing and signed by
an authorized officer of the respective parties.
(h) Approval of Amendments.
The parties hereto acknowledge that, as of the date of the execution of this
Agreement, Section 10-142 of the Omaha Municipal Code provides as follows:
"Any amendment to contracts or purchases which taken alone increases the
original bid price as awarded (a) by ten percent, if the original bid price is one
hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-five
thousand dollars ($75,000) or more, shall be approved by the City Council in
4
8. General Conditions.
(a) Nondiscrimination.
None of the parties shall, 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 pursuant to the Americans with
Disabilities Act,political or religious opinions, affiliations or national origin.
(b) Captions.
Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
3
anage the
assets pursuant to an arrangement between the City and County which will
not be effective until at least ninety(90) days after the final payment of the
Lease Purchase Bonds.
2
t of such
directions by the city, the city will enter into such litigation as is necessary to protect the
interests of the city and to effectuate these provisions(of this division); and in the case of
contracts receiving federal assistance, the contractor or the city may request the United
States to enter into such litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance
reports with the contractor in the dame form and to the same extent as required by the
federal government for federal contracts under federal rules and regulations. Such
compliance reports shall be filed with the contract compliance officer. Compliance
reports filed at such times as directed shall contain information as to the employment
practices,policies, programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section,
"Equal Employment Opportunity Clause," and section 10-193 in every subcontract of
purchase order so that such provisions will be binding upon each subcontractor or
vendor.
MAPA 5095(3)
he Trustee or the Corporation, disbursement of such
4810-5534-0293.3 8
l Statement to obtain information essential and material to the making of an informed investment decision.
yo The Bonds are being offered when,as and if issued by the Corporation and accepted by the Underwriters,subject to the approval
g Y of legality of the Bonds by Kutak Rock LLP,Bond Counsel,and to certain other conditions. Certain legal matters will be passed upon
E . for the City by the City Law Department. Certain matters will be passed upon for the Underwriters by their counsel,Kutak Rock LLP.
° It is expected that delivery of the Bonds will be made on or about May 2010 at DTC against payment therefor.
8
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-.F. U"J'
0 3 DAVIDSON
COMPANIES DA.Davidson & Co.
y EdwardJones
N
� c o
member SIPC
• o
77, '° Dated: May 2010
7.9
.
E -
sa preliminary;subject to change
H,� 3 4810-5534-0293.3
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advance of the acceptance of any purchase in excess of such limits or the
authorization of any additional work in excess of such limits. However, neither
contract nor purchase amendments will be split to avoid advance approval of the
City Council.
The originally approved scope and primary features of a contract or purchase will
not be significantly revised as a result of amendments not approved in advance by
the City Council. The provisions of this Section will be quoted in all future City
contracts. Nothing in this Section is intended to alter the authority of the Mayor
under Section 5.16 of the City Charter to approve immediate purchases."
(i) Strict Compliance.
All provisions of this Agreement and each and every document that shall be
attached shall be strictly complied with as written, and no substitution or change
shall be made except upon written direction from an authorized representative.
(j) Assignment.
Neither of the parties may assign its rights under this Agreement without the
express prior written consent of the other.
(k) Successors and Assigns Bound by Covenants.
All covenants, stipulations and agreements in this Agreement shall inure to the
benefit of the parties hereto and extend to and bind the legal representatives,
successors, and assigns of the respective parties hereto.
(1) Authorized Representatives.
In further consideration of the mutual covenants herein contained, the parties
hereto expressly agree that for purposes of notice, including legal service of
process, during the term of this Agreement and for the period of any applicable
statute of limitations thereafter, the following named individuals shall be the
authorized representatives of the parties:
A. City of Omaha
Pam Spaccarotella, Finance Director
Finance Department
1819 Farnam Street
Omaha,NE 68183
5
dment to contracts or purchases which taken alone increases the
original bid price as awarded (a) by ten percent, if the original bid price is one
hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-five
thousand dollars ($75,000) or more, shall be approved by the City Council in
4
8. General Conditions.
(a) Nondiscrimination.
None of the parties shall, 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 pursuant to the Americans with
Disabilities Act,political or religious opinions, affiliations or national origin.
(b) Captions.
Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
3
anage the
assets pursuant to an arrangement between the City and County which will
not be effective until at least ninety(90) days after the final payment of the
Lease Purchase Bonds.
2
t of such
directions by the city, the city will enter into such litigation as is necessary to protect the
interests of the city and to effectuate these provisions(of this division); and in the case of
contracts receiving federal assistance, the contractor or the city may request the United
States to enter into such litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance
reports with the contractor in the dame form and to the same extent as required by the
federal government for federal contracts under federal rules and regulations. Such
compliance reports shall be filed with the contract compliance officer. Compliance
reports filed at such times as directed shall contain information as to the employment
practices,policies, programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section,
"Equal Employment Opportunity Clause," and section 10-193 in every subcontract of
purchase order so that such provisions will be binding upon each subcontractor or
vendor.
MAPA 5095(3)
he Trustee or the Corporation, disbursement of such
4810-5534-0293.3 8
l Statement to obtain information essential and material to the making of an informed investment decision.
yo The Bonds are being offered when,as and if issued by the Corporation and accepted by the Underwriters,subject to the approval
g Y of legality of the Bonds by Kutak Rock LLP,Bond Counsel,and to certain other conditions. Certain legal matters will be passed upon
E . for the City by the City Law Department. Certain matters will be passed upon for the Underwriters by their counsel,Kutak Rock LLP.
° It is expected that delivery of the Bonds will be made on or about May 2010 at DTC against payment therefor.
8
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COMPANIES DA.Davidson & Co.
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B. County of Douglas
Steve Walker,
Douglas County Administrator's Office
1819 Farnam Street
Omaha,NE 68183
C. DOT.Comm
Duffy Boyle, CIO
408 South 18th Street
Omaha,NE 68102
EXECUTED this 091 day of erieiyA4 , 2010.
CITY OF OMAHA, a Municipal Corporation
ATTEST,:;
City Clerk,City.of Omaha` - ACONG ayor
APPROVED AS TO FORM:
\2
Assistant City Attorney •
EXECUTED this day of ,2010.
COUNTY OF DOUGLAS, a political
subdivision
• 1,17
41111.611111.11.1111111111.Ams._
Cou IF Clerk, Dougla Counlik Mary Borgeson, 'rperson of the
Boar f County Commissioners
APPROVED AS TO FORM:
ard.A.A. a( •(la-N .
Deputy County Attorney
6
ayor
admin for project OPW 51950
EXECUTED this I day of 0 CC. ,2010.
DOT.Comm, a political subdivision
By
ri oung,
Cha erson of DO .Co
7
408 South 18th Street
Omaha,NE 68102
EXECUTED this 091 day of erieiyA4 , 2010.
CITY OF OMAHA, a Municipal Corporation
ATTEST,:;
City Clerk,City.of Omaha` - ACONG ayor
APPROVED AS TO FORM:
\2
Assistant City Attorney •
EXECUTED this day of ,2010.
COUNTY OF DOUGLAS, a political
subdivision
• 1,17
41111.611111.11.1111111111.Ams._
Cou IF Clerk, Dougla Counlik Mary Borgeson, 'rperson of the
Boar f County Commissioners
APPROVED AS TO FORM:
ard.A.A. a( •(la-N .
Deputy County Attorney
6
ayor
admin for project OPW 51950
EXHIBIT"A"ATTACHMENT TO TECHNOLOGY USE AGREEMENT
Project List with estimated cost by project
1. Network Upgrades 1,062,000
2. Virtual Server environment 558,000
3. Failover Site for Windows Servers 996,000
4. Mainframe Disaster Recovery 981,000
5. Voice Network Improvements 90,000
6. Data Center Relocation 216,000
7. Improved Data Security 168,000
4,071,000
EXECUTED this day of ,2010.
COUNTY OF DOUGLAS, a political
subdivision
• 1,17
41111.611111.11.1111111111.Ams._
Cou IF Clerk, Dougla Counlik Mary Borgeson, 'rperson of the
Boar f County Commissioners
APPROVED AS TO FORM:
ard.A.A. a( •(la-N .
Deputy County Attorney
6
ayor
admin for project OPW 51950
C-25A
CITY OF OMAHA
•
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Douglas/Omaha Technology Commission (DOT.Comm) was
established through an Interlocal Agreement between the City of Omaha and Douglas County for the
purposes of providing technology services; and,
WHEREAS, DOT.Comm has identified seven specific Capital Projects which it
believes need to be completed as soon as possible in order to ensure continuing viability of the
computer network; and,
WHEREAS, the parties have negotiated the attached Technology Use Agreement
detailing the obligations of the City,County and DOT.Comm relative to the anticipated issuance of
lease purchase bonds by the City of Omaha Public Facilities Corporation to fund the Capital
Projects; and,
WHEREAS, this Agreement goes into full force and effect at such time the lease
purchase bonds are issued which then allows for the Capital Projects which are contemplated;and,
WHEREAS,the Technology Use Agreement contemplates that the City and County
will benefit from Capital Projects and will each contribute one-half of the cost thereto.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
By
Councilmember
Adopted
City Clerk
Approved
Mayor
ies hereto.
(1) Authorized Representatives.
In further consideration of the mutual covenants herein contained, the parties
hereto expressly agree that for purposes of notice, including legal service of
process, during the term of this Agreement and for the period of any applicable
statute of limitations thereafter, the following named individuals shall be the
authorized representatives of the parties:
A. City of Omaha
Pam Spaccarotella, Finance Director
Finance Department
1819 Farnam Street
Omaha,NE 68183
5
dment to contracts or purchases which taken alone increases the
original bid price as awarded (a) by ten percent, if the original bid price is one
hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-five
thousand dollars ($75,000) or more, shall be approved by the City Council in
4
8. General Conditions.
(a) Nondiscrimination.
None of the parties shall, 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 pursuant to the Americans with
Disabilities Act,political or religious opinions, affiliations or national origin.
(b) Captions.
Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
3
anage the
assets pursuant to an arrangement between the City and County which will
not be effective until at least ninety(90) days after the final payment of the
Lease Purchase Bonds.
2
t of such
directions by the city, the city will enter into such litigation as is necessary to protect the
interests of the city and to effectuate these provisions(of this division); and in the case of
contracts receiving federal assistance, the contractor or the city may request the United
States to enter into such litigation to protect the interests of the United States.
6) The contractor shall file and shall cause his subcontractors, if any to file compliance
reports with the contractor in the dame form and to the same extent as required by the
federal government for federal contracts under federal rules and regulations. Such
compliance reports shall be filed with the contract compliance officer. Compliance
reports filed at such times as directed shall contain information as to the employment
practices,policies, programs and statistics of the contractor and his subcontractors.
7) The contractor shall include the provisions of paragraphs (1) through (7) of this section,
"Equal Employment Opportunity Clause," and section 10-193 in every subcontract of
purchase order so that such provisions will be binding upon each subcontractor or
vendor.
MAPA 5095(3)
he Trustee or the Corporation, disbursement of such
4810-5534-0293.3 8
l Statement to obtain information essential and material to the making of an informed investment decision.
yo The Bonds are being offered when,as and if issued by the Corporation and accepted by the Underwriters,subject to the approval
g Y of legality of the Bonds by Kutak Rock LLP,Bond Counsel,and to certain other conditions. Certain legal matters will be passed upon
E . for the City by the City Law Department. Certain matters will be passed upon for the Underwriters by their counsel,Kutak Rock LLP.
° It is expected that delivery of the Bonds will be made on or about May 2010 at DTC against payment therefor.
8
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-.F. U"J'
0 3 DAVIDSON
COMPANIES DA.Davidson & Co.
y EdwardJones
N
� c o
member SIPC
• o
77, '° Dated: May 2010
7.9
.
E -
sa preliminary;subject to change
H,� 3 4810-5534-0293.3
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c 2sA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
PAGE 2
THAT,the attached Technology Use Agreement between the City of Omaha,Douglas
County, Nebraska, and DOT.Comm which details the obligations of the parties concerning the
funding the Capital Projects that DOT.Comm has determined are needed to maintain a viable
computer network is hereby approved, and the Mayor is authorized to sign and the City Clerk to
attest such Agreement on behalf of the City of Omaha.
APPROVED AS TO FORM:
• 1SO /O
ASSISTANT CITY ATTORNEY DATE
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Deputy County Attorney
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admin for project OPW 51950