RES 2010-0206 - Agmt with Keep Omaha Beautiful Inc for storm water pollution prevention activities for 2010 oMAHA ,v fie
.`,' � Public Works Department
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c`�►i.!-4i�� RECEIVED
Omalta/Douglas Gvic Center
ti� r� 1819 Famam Street,Suite 601
�l Ij ' Omaha,Nebraska 68183 0601
®' �' � February 23, 2010 (J j IO (402)444-5220
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City of Omaha O M A H A, N E R A S K A, Robert G.Stubbe,P.E.
Jim Suttle,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 2010 expenditure.
KOB has filed the required Annual Contract Compliance Report Form in the Human Rights and
Relations Department:
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, Referred to City Council for Consideration:.,,
C.1
obert G. tubbe, P.E. Date Mayor's f e Date
ublic Works Director
Approved as to Funding: Approved:
b0
Cam' 2d
Pam Spaccarotella Date Human Rights and Relations Date
Finance Director 0‘-' Department
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Omaha,Nebraska 68138-3621
5
ment 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 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.
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IX. CAPTIONS
Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
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otice from the PMRNRD, Omaha shall take such action as
PMRNRD shall deem necessary and expedient to insure that the PMRNRD is held harmless
2
ww.:aasn b•n uaw3 oaoi.n�a a,....A•,•n a»wo\ao,,g2s .. a.,v\ .•pw\ro 3,ca
eparation improvements with neighborhood improvement projects. It is
anticipated separate meetings will be conducted with the following
stakeholders at the end of the preliminary design phase:
nce; however, in the event the
Contractor becomes involved in or is threatened with litigation as the 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
Page 7 of 8
• AGREEMENT
THIS AGREEMENT made and entered into this,23rday of , 2010,
between the CITY OF OMAHA, 1819 Farnam Street, Omaha,Nebrask 8183, 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,
2010.
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 that promote storm water pollution
prevention and to execute the programs as specified below in the City of Omaha
and adjacent developments. Administering all of these programs will take the
help of all KOB staff plus recruiting, training, and working with hundreds of
volunteers. Many program supplies including thousands of bags and hundreds of
gloves. Brochures will be printed in English and Spanish.
a) KOB shall print and distribute brochures provided to them by the City of
Omaha on the proper disposal of Household Hazardous Waste and promote
the use of the Household Hazardous Waste facility. KOB will document the
distribution outlets and provide an estimate of the number of brochures
distributed for the year 2010.
b) KOB shall assist in the planning, coordination, and promotion the World 0!
Water Event.
c) KOB shall organize the marking of storm inlets with discs warning that the
storm drains are connected to open bodies of water. Volunteers will perform
the actual marking, beginning in May and continuing through the fall. KOB
will document the number of storm inlets marked, area of town(name of
streets surrounding area or name of subdivision), and the month and year the
marking occurred.
d) KOB shall develop public service announcements that promote storm water
protection and educate the community as to the relationship between human
activities and their subsequent water quality impact. KOB will document the
number of announcements made, as well as the month and year the
announcements were made.
e) KOB, Inc shall implement a Stream Clean Up Day. KOB will identify stream.
segments in need of clean up, and organize volunteers. KOB will document
2
ww.:aasn b•n uaw3 oaoi.n�a a,....A•,•n a»wo\ao,,g2s .. a.,v\ .•pw\ro 3,ca
eparation improvements with neighborhood improvement projects. It is
anticipated separate meetings will be conducted with the following
stakeholders at the end of the preliminary design phase:
nce; however, in the event the
Contractor becomes involved in or is threatened with litigation as the 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
Page 7 of 8
areas cleaned up, and estimate the number of participating volunteers, as well
as the month and year the cleanup occurred.
f) KOB shall provide educational information to the community regarding
pollution prevention, pollution sources in and around the house, and the
importance of good housekeeping. Brochures will be distributed. KOB will
document the distribution outlets and provide an estimate of the number of
brochures distributed for the year 2010.
g) KOB shall distribute brochures for homeowners regarding ways to reduce
pesticide, herbicide and fertilizer use as well as their impact on water quality.
KOB will document the distribution outlets and provide an estimate of the
number of brochures distributed for the year 2010.
h) KOB shall promote the City of Omaha hotline to report storm water related
complaints.
i) KOB shall organize cleanups of local parks via coordination of various
volunteer groups. KOB will document the name of the park, and the month
and year of the clean up effort.
j) KOB shall organize cleanups at dam sites and along waterways.
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) CAPTIONS Captions used in this agreement are for convenience and are not
used in the construction of this agreement.
9) 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.
10)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.
11)MERGER The Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
12)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.
uch
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
Page 7 of 8
,
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: 4 /Ø BY:
Buster Brown, City Clerk Date ; im t` ,Mayor Date
Y Y
KEEP OMAHA BEAUTIFUL,
INC., a Non-profit Corporation:
By: Alta
BOARD CHAIRPERSON Da e
APPROVED AS TO FORM:
By: a.'' � � -(6)
DEPUT CITY ATTORNEY Date
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CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
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 $40,000.00 from the Storm Water Fee
Revenue Fund 12128, Storm Water Management Organization 116312, 2010 expenditure for
services listed in the Agreement.
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 activities for 2010 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, 2010 expenditure.
APPROVED AS TO FORM:
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"...42ITY ATTORNEY DATE
By IA4 9"f454.'
-Councilmember
Adopted B_--22 3 2010- ^ -6-D
City Clerkz /.�0e
Approved /
Mayor
ts 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) CAPTIONS Captions used in this agreement are for convenience and are not
used in the construction of this agreement.
9) 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.
10)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.
11)MERGER The Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
12)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.
uch
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
Page 7 of 8
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