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RES 2009-0323 - Agmt with Dr. Costis Toregas to implement technology plan for city and Douglas County • • • OpIAHA'A•k F4AF � Finance Department RECEIVED Omaha/Douglas Civic Center ' t►« 1819 Farnam Street,Suite 1004 ® l�r�� 1e.1 Nqq hh�ry Omaha,Nebraska 68183-1004 o p rM, o g t t�4R 3 0 '1: 5 5 (402)444-5416 �io Telefax(402)546-1150 CITY Cityof Omaha HA, NEBRASj4A Carol A.Ebdon ��1�` Director Mike Fahey,Mayor Allen R.Herink City Comptroller Honorable President • and Members of the City Council, The attached Resolution approves 'an Agreement between the City of Omaha, Douglas County and Dr. Costis Toregas to implement the recommendations of the Technology Plan that was developed jointly for the City of Omaha and Douglas County. A more specific description of what work will be done is described in the attached Agreement. The amount of the contract is $39,000, plus travel and hotel expenses, which costs are to be divided equally between the City of Omaha and Douglas County. The Douglas County Board of Commissioners approved the Agreement with Dr. Toregas on March 17, 2009. The City's'portion of the costs will be paid from General Fund 11111 Organization 119019 Account 42239. Respectfully submitted, Referred to City Council for Consideration: • al% _ Carol A. Ebdon Date Ma is Offi Date ic Finance Director Approved: / 0� Gail Kinsey Tho pson, Director Date Human Rights and Relations Department pAlaw-city council documents\2009\10142dae.doc mount deposited in trust with the Escrow Agent for credit to the escrow fund established by the Escrow and Agency Agreement authorized by the Ordinance. Section 10. The City Council hereby reaffirms that the issuance of the Bonds is authorized for the purpose of providing funds, to accomplish a current refunding of a portion of the Outstanding Bonds and an advance refunding of the remaining portion of the Outstanding Bonds identified in Section 7 hereof. By Councilmember Adopted City Clerk Approved 11 Mayor to this Section. The execution and delivery of such Bond Purchase Agreement for and on behalf of the By Councilmember Adopted City Clerk Approved 2 Mayor 4.65 259287 3P3 2020 165,000 4.70 259287 3Q1 2021 175,000 4.80 259287 3R9 2022 180,000 4.90 259287 3S7 2023 190,000 5.00 259287 3T5 2024 200,000 5.10 259287 3U2 2025 400,000 5.20 259287 3V0 4839-4000-4867.6 E-4 s alternative minimum taxable income (determined without regard to this adjustment and prior to reduction for certain net operating losses). The accrual or receipt of interest on the Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient's particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. Purchasers of the Bonds, particularly purchasers that are corporations (including S corporations and foreign corporations operating branches in the United States), property or casualty insurance companies, banks, thrifts or other financial institutions, certain recipients of Social Security or Railroad Retirement benefits, taxpayers otherwise entitled to claim the earned income credit or taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations are advised to consult their tax advisors as to the tax consequences of purchasing or holding the Bonds. 4839-4000-4867.6 D-2 0 cu I•- O • w 0 U = 0, 0, 10 10 en 7 N� N 10 01 00 0 00 V1 O N 0 10 N 10 N N N '-' `g 7 01 10 7 O, 10 et -- O, N 10 7 00 01 N 0, V1 10 as b 0, 7 7 cc- el () L V1 Os 0 00 01 00. 00. O Cl, Cl, 00 N O 00 N O N M V1 V1 10 10 N i d'+d., .- .-- N 01 N� V1 00 01 N s 0s O, o 10 I� O oo o1 oo 10 00 n e O • CA u a N 00 V1 en N 0 00 N O, .-- M N N Cr O1 CO N O1 V1 -- .-- en 0 0 0 4.1 0 O 0 r- Vl N 10 s OO N N en M en 7 N -- en t` t o 00 en I. 00 CO CO N N Y i I-- -'C.p b M NI h 0 N 0 00 V1 M CA" I` V1 N O 00 7 t'1 --. N I a) p•1 a An 01 An An An An An 7 7 7 0 en en en en en N N N I.n V 0069 Y -.0 b c C .0 10 N .. iC N M n o. 10 H 4) a O O -- N en 7 Vl 10 N 00 0, N N N N N N N N N N M M M M QL Y . = :0 E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E. •i= 0 = L a y N N N N N N N N N N N N N N N N N N N N N N N N N Q (y 0 • 0 W A F 0 o, .7 oo City State Zip Email Address: BOARD OF COUNTY COMMISSIONERS DOUGLAS COUNTY, NEBRASKA WHEREAS, Douglas County and the City of Omaha previously entered into an agreement to hire consultant Dr. Costis Toregas to develop a Technology Plan for the City and County; and, WHEREAS, Douglas County and the City of Omaha desire to hire Dr. Toregas to assist in the implementation of that plan; and, WHEREAS, Douglas County and the City of Omaha shall share equally in the cost of providing said services, pursuant to the terms and conditions of the attached agreement. NOW, THEREFORE, BE IT RESOLVED BY THIS BOARD OF COUNTY COMMISSIONERS, DOUGLAS COUNTY, NEBRASKA,that the attached agreement between Douglas County,the City of Omaha and Dr. Costis Toregas is hereby approved and adopted, and the Chair of this Board is authorized and directed to execute said agreement on behalf of Douglas County. BE IT FURTHER RESOLVED that Douglas County is authorized and directed to compensate Dr. Costis Toregas in the amount and manner specified in the attached agreement. DATED this 17th day of March, 2009. D vm ow -oo rn Motion by Tusa, second by Borgeson to approve. I move the adoption of the resolution. v g Adopted: March 17, 2009 z so Yeas: Borgeson, Duda, Hutchings, Kraft, Tusa, Rodgers Absent: Boyle 3 co E Y) O CHIEF DEPUTY Douglas County Clerk Certified copies to: Commissioners, Mayor, City.Coupcil, DOT.Comm, Dr. Toregas, Purchasing, Clerk ns Department pAlaw-city council documents\2009\10142dae.doc mount deposited in trust with the Escrow Agent for credit to the escrow fund established by the Escrow and Agency Agreement authorized by the Ordinance. Section 10. The City Council hereby reaffirms that the issuance of the Bonds is authorized for the purpose of providing funds, to accomplish a current refunding of a portion of the Outstanding Bonds and an advance refunding of the remaining portion of the Outstanding Bonds identified in Section 7 hereof. By Councilmember Adopted City Clerk Approved 11 Mayor to this Section. The execution and delivery of such Bond Purchase Agreement for and on behalf of the By Councilmember Adopted City Clerk Approved 2 Mayor 4.65 259287 3P3 2020 165,000 4.70 259287 3Q1 2021 175,000 4.80 259287 3R9 2022 180,000 4.90 259287 3S7 2023 190,000 5.00 259287 3T5 2024 200,000 5.10 259287 3U2 2025 400,000 5.20 259287 3V0 4839-4000-4867.6 E-4 s alternative minimum taxable income (determined without regard to this adjustment and prior to reduction for certain net operating losses). The accrual or receipt of interest on the Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient's particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. Purchasers of the Bonds, particularly purchasers that are corporations (including S corporations and foreign corporations operating branches in the United States), property or casualty insurance companies, banks, thrifts or other financial institutions, certain recipients of Social Security or Railroad Retirement benefits, taxpayers otherwise entitled to claim the earned income credit or taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations are advised to consult their tax advisors as to the tax consequences of purchasing or holding the Bonds. 4839-4000-4867.6 D-2 0 cu I•- O • w 0 U = 0, 0, 10 10 en 7 N� N 10 01 00 0 00 V1 O N 0 10 N 10 N N N '-' `g 7 01 10 7 O, 10 et -- O, N 10 7 00 01 N 0, V1 10 as b 0, 7 7 cc- el () L V1 Os 0 00 01 00. 00. O Cl, Cl, 00 N O 00 N O N M V1 V1 10 10 N i d'+d., .- .-- N 01 N� V1 00 01 N s 0s O, o 10 I� O oo o1 oo 10 00 n e O • CA u a N 00 V1 en N 0 00 N O, .-- M N N Cr O1 CO N O1 V1 -- .-- en 0 0 0 4.1 0 O 0 r- Vl N 10 s OO N N en M en 7 N -- en t` t o 00 en I. 00 CO CO N N Y i I-- -'C.p b M NI h 0 N 0 00 V1 M CA" I` V1 N O 00 7 t'1 --. N I a) p•1 a An 01 An An An An An 7 7 7 0 en en en en en N N N I.n V 0069 Y -.0 b c C .0 10 N .. iC N M n o. 10 H 4) a O O -- N en 7 Vl 10 N 00 0, N N N N N N N N N N M M M M QL Y . = :0 E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E. •i= 0 = L a y N N N N N N N N N N N N N N N N N N N N N N N N N Q (y 0 • 0 W A F 0 o, .7 oo City State Zip Email Address: AGREEMENT This Agreement is entered into between the City of Omaha, a municipal corporation of the State of Nebraska, hereinafter'referred to as "City", the County of Douglas, a political subdivision of the State of Nebraska, hereinafter referred to as "County", and Dr. Costis Toregas, hereinafter referred to as "Consultant". WHEREAS, the City and County previously entered into an Agreement to hire the Consultant to develop a Technology Plan; and WHEREAS, the City and County desire to hire Consultant to assist in the implementation of said Plan; and WHEREAS, the Consultant has the background and expertise to provide such expert assistance. NOW, THEREFORE, the parties hereto mutually agree as follows. I. Objective. The general objective of this Agreement is to engage the Consultant in order to implement the recommendations of the Technology Plan developed jointly for Douglas County and the City of Omaha. II. Statement of Work. The work to be performed under this agreement includes the following tasks and deliverables: 1. Draft/develop a DOTComm Board of Directors protocols document which details each board member's duties and responsibilities, communication requirements for adequate representation of each board member's constituency, and a process that will provide accountability. 2. Draft language for the Inter-local Agreement between the City and the County that reflects the new Technology Plan and includes provisions on Governance, Funding and Service Level Agreements. 3. Draft/develop Service Level Agreements (SLAs) for the basic functions of DOTComm including name, description and measurable metric. 4. Assist DOTComm in transitioning from Base/Special Services notion to explicit linkage of costs to outcomes. III. On-site Meetings. The Consultant will make himself available to DOT.Comm by phone and e-mail, as well as by periodic on-site meetings (5 such on site meetings are foreseen under this agreement), and last 2-3 days each (including travel time). These meetings will, to the degree practical, coincide with the monthly meetings of the DOT.Comm Board of Directors . 1 portion of the Outstanding Bonds identified in Section 7 hereof. By Councilmember Adopted City Clerk Approved 11 Mayor to this Section. The execution and delivery of such Bond Purchase Agreement for and on behalf of the By Councilmember Adopted City Clerk Approved 2 Mayor 4.65 259287 3P3 2020 165,000 4.70 259287 3Q1 2021 175,000 4.80 259287 3R9 2022 180,000 4.90 259287 3S7 2023 190,000 5.00 259287 3T5 2024 200,000 5.10 259287 3U2 2025 400,000 5.20 259287 3V0 4839-4000-4867.6 E-4 s alternative minimum taxable income (determined without regard to this adjustment and prior to reduction for certain net operating losses). The accrual or receipt of interest on the Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient's particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. Purchasers of the Bonds, particularly purchasers that are corporations (including S corporations and foreign corporations operating branches in the United States), property or casualty insurance companies, banks, thrifts or other financial institutions, certain recipients of Social Security or Railroad Retirement benefits, taxpayers otherwise entitled to claim the earned income credit or taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations are advised to consult their tax advisors as to the tax consequences of purchasing or holding the Bonds. 4839-4000-4867.6 D-2 0 cu I•- O • w 0 U = 0, 0, 10 10 en 7 N� N 10 01 00 0 00 V1 O N 0 10 N 10 N N N '-' `g 7 01 10 7 O, 10 et -- O, N 10 7 00 01 N 0, V1 10 as b 0, 7 7 cc- el () L V1 Os 0 00 01 00. 00. O Cl, Cl, 00 N O 00 N O N M V1 V1 10 10 N i d'+d., .- .-- N 01 N� V1 00 01 N s 0s O, o 10 I� O oo o1 oo 10 00 n e O • CA u a N 00 V1 en N 0 00 N O, .-- M N N Cr O1 CO N O1 V1 -- .-- en 0 0 0 4.1 0 O 0 r- Vl N 10 s OO N N en M en 7 N -- en t` t o 00 en I. 00 CO CO N N Y i I-- -'C.p b M NI h 0 N 0 00 V1 M CA" I` V1 N O 00 7 t'1 --. N I a) p•1 a An 01 An An An An An 7 7 7 0 en en en en en N N N I.n V 0069 Y -.0 b c C .0 10 N .. iC N M n o. 10 H 4) a O O -- N en 7 Vl 10 N 00 0, N N N N N N N N N N M M M M QL Y . = :0 E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E. •i= 0 = L a y N N N N N N N N N N N N N N N N N N N N N N N N N Q (y 0 • 0 W A F 0 o, .7 oo City State Zip Email Address: IV. Compensation. Total compensation to the Consultant will not exceed Thirty Nine Thousand Dollars ($39,000.00),plus travel and hotel expenses, as approved. The compensation to Consultant will be equally divided between the City and the County. V. Payment Schedule. Consultant will be paid on a monthly basis in four equal installments of Eight Thousand Dollars ($8,000.00), and a final payment of Seven Thousand Dollars ($7,000). Payment will be made at the end of each month. In addition, the Consultant will be reimbursed for required travel and hotel expenses. The travel and hotel expenses must be approved and authorized in advance by the City and County. These expenses shall be separately billed by the Consultant. Said expenses will be paid (as approved by the client prior to the consultant incurring them) on a prompt basis. VI. Term. The period of performance of this Agreement shall commence on March 1, 2009, and end on July 31, 2009 (five months). This Agreement may be extended upon mutual Agreement of all parties. VII. Termination. This Agreement may be terminated in whole or in part by thirty (30) days prior written notice. In the event of termination, Consultant shall be entitled to compensation for services provided, and any unreimbursed costs incurred, in the performance of this Agreement up to the date of contract termination. VIII. Independent Contractor. The parties understand and agree that this Agreement does not create an employer/employee relationship between the Consultant and the City and/or the Consultant and the County. Contractor is responsible for acquiring and maintaining Workers' Compensation and Unemployment Insurance coverage for its employees, officers and agents, and for the payment of all federal, state, local and any other applicable payroll taxes with respect to said employees' compensation. IX. Captions. The captions used in this Agreement are for convenience and are not used in the construction of this Agreement. X. Applicable Law and Venue. The 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. Venue for any non-federal legal proceeding under this Agreement shall be in the State of Nebraska, District Court of Douglas County and for any federal legal proceeding in the United States District Court for the State of Nebraska located in Omaha Nebraska. XI. Entire Agreement. This Agreement contains the entire agreement of the parties. No representations were made or relied upon by the parties other than those that are expressly set forth herein. No agent, employee or other representative of the parties is empowered to alter any of the terms hereof except as provided herein. 2 ment and prior to reduction for certain net operating losses). The accrual or receipt of interest on the Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient's particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. Purchasers of the Bonds, particularly purchasers that are corporations (including S corporations and foreign corporations operating branches in the United States), property or casualty insurance companies, banks, thrifts or other financial institutions, certain recipients of Social Security or Railroad Retirement benefits, taxpayers otherwise entitled to claim the earned income credit or taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations are advised to consult their tax advisors as to the tax consequences of purchasing or holding the Bonds. 4839-4000-4867.6 D-2 0 cu I•- O • w 0 U = 0, 0, 10 10 en 7 N� N 10 01 00 0 00 V1 O N 0 10 N 10 N N N '-' `g 7 01 10 7 O, 10 et -- O, N 10 7 00 01 N 0, V1 10 as b 0, 7 7 cc- el () L V1 Os 0 00 01 00. 00. O Cl, Cl, 00 N O 00 N O N M V1 V1 10 10 N i d'+d., .- .-- N 01 N� V1 00 01 N s 0s O, o 10 I� O oo o1 oo 10 00 n e O • CA u a N 00 V1 en N 0 00 N O, .-- M N N Cr O1 CO N O1 V1 -- .-- en 0 0 0 4.1 0 O 0 r- Vl N 10 s OO N N en M en 7 N -- en t` t o 00 en I. 00 CO CO N N Y i I-- -'C.p b M NI h 0 N 0 00 V1 M CA" I` V1 N O 00 7 t'1 --. N I a) p•1 a An 01 An An An An An 7 7 7 0 en en en en en N N N I.n V 0069 Y -.0 b c C .0 10 N .. iC N M n o. 10 H 4) a O O -- N en 7 Vl 10 N 00 0, N N N N N N N N N N M M M M QL Y . = :0 E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E. •i= 0 = L a y N N N N N N N N N N N N N N N N N N N N N N N N N Q (y 0 • 0 W A F 0 o, .7 oo City State Zip Email Address: • X11. Amendment. This Agreement may be modified only by written amendment, duly executed by authorized officials of the parties. No alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Every amendment shall specify the date on which its provisions shall be effective. XIII. Assignment. None of the parties may assign its rights under this Agreement without the express prior written consent of the other parties. XIV. 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. XV. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, that provision will be severed and the remainder of this Agreement will remain in full force and effect. XVI. Indemnification. Each party will indemnify, defend and hold harmless the other party from any and all liability, expense, cost, attorney's fees, claim,judgment, suit and/or cause of action(whether or not meritorious), settlement, or demand for personal injury, death or damage to tangible property which may accrue against the other party to. the extent it is caused by the negligent acts or omissions of the Indemnifying Party, its officers, employees, agents, or subcontractors while performing their duties under this Agreement, provided that the other party gives the Indemnifying Party prompt, written notice of any such claim, suit, demand or cause of action. The other party shall cooperate in the defense or settlement negotiation of such claim, suit, demand or cause of action. The provisions of this section shall survive expiration or termination of this Agreement. XVII. No Third Party Rights. This Agreement is not intended to,nor shall it provide third parties, excluding any assignment as provided herein,with any remedy, claim, liability, reimbursement, cause of action or other right or privilege; except that this Agreement's indemnification provision shall also inure to the benefit of a party's employees, officers, agents and servants. XVIII.Authorized Representatives and Notice. The following named authorized representatives for the City and County are available to the Consultant as a point of contact for any inquiries the Consultant may have in the performance of this Agreement. Consultant may contact either representative in this regard. The parties hereto expressly agree that for purposes of notice, 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. For Douglas County: Kathleen Kelley 3 tain net operating losses). The accrual or receipt of interest on the Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient's particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. Purchasers of the Bonds, particularly purchasers that are corporations (including S corporations and foreign corporations operating branches in the United States), property or casualty insurance companies, banks, thrifts or other financial institutions, certain recipients of Social Security or Railroad Retirement benefits, taxpayers otherwise entitled to claim the earned income credit or taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations are advised to consult their tax advisors as to the tax consequences of purchasing or holding the Bonds. 4839-4000-4867.6 D-2 0 cu I•- O • w 0 U = 0, 0, 10 10 en 7 N� N 10 01 00 0 00 V1 O N 0 10 N 10 N N N '-' `g 7 01 10 7 O, 10 et -- O, N 10 7 00 01 N 0, V1 10 as b 0, 7 7 cc- el () L V1 Os 0 00 01 00. 00. O Cl, Cl, 00 N O 00 N O N M V1 V1 10 10 N i d'+d., .- .-- N 01 N� V1 00 01 N s 0s O, o 10 I� O oo o1 oo 10 00 n e O • CA u a N 00 V1 en N 0 00 N O, .-- M N N Cr O1 CO N O1 V1 -- .-- en 0 0 0 4.1 0 O 0 r- Vl N 10 s OO N N en M en 7 N -- en t` t o 00 en I. 00 CO CO N N Y i I-- -'C.p b M NI h 0 N 0 00 V1 M CA" I` V1 N O 00 7 t'1 --. N I a) p•1 a An 01 An An An An An 7 7 7 0 en en en en en N N N I.n V 0069 Y -.0 b c C .0 10 N .. iC N M n o. 10 H 4) a O O -- N en 7 Vl 10 N 00 0, N N N N N N N N N N M M M M QL Y . = :0 E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E. •i= 0 = L a y N N N N N N N N N N N N N N N N N N N N N N N N N Q (y 0 • 0 W A F 0 o, .7 oo City State Zip Email Address: Chief Administrative Officer 1819 Farnam LC2 Civic Center Omaha,NE 68183 • (402) 444-7025 (402) 444-6559 . B. For the City of Omaha: Carol Ebdon City of Omaha Finance Department 1819 Farnam Street Suite 1004 Omaha, NE 68183 (402) 444-5417 C, For the Consultant: Dr. Costis Toregas 4325 Leland Street Chevy Chase MD 20815 • (301) 814-5613 t Notice shall.be in writing and shall be effective upon receipt. Delivery may be by hand, in which case a signed receipt shall be obtained, or by United States mail, registered or certified, return receipt requested or by facsimile with a signed return facsimile acknowledging receipt. IN WITNESS WHEREOF, the parties hereunto set their hands to this Agreement upon the day and year hereinafter indicated. CONSULTANT it r. osti oregas ate DOUGLAS COUNTY, NEBRASKA Chairperson Date 4 effect. XVI. Indemnification. Each party will indemnify, defend and hold harmless the other party from any and all liability, expense, cost, attorney's fees, claim,judgment, suit and/or cause of action(whether or not meritorious), settlement, or demand for personal injury, death or damage to tangible property which may accrue against the other party to. the extent it is caused by the negligent acts or omissions of the Indemnifying Party, its officers, employees, agents, or subcontractors while performing their duties under this Agreement, provided that the other party gives the Indemnifying Party prompt, written notice of any such claim, suit, demand or cause of action. The other party shall cooperate in the defense or settlement negotiation of such claim, suit, demand or cause of action. The provisions of this section shall survive expiration or termination of this Agreement. XVII. No Third Party Rights. This Agreement is not intended to,nor shall it provide third parties, excluding any assignment as provided herein,with any remedy, claim, liability, reimbursement, cause of action or other right or privilege; except that this Agreement's indemnification provision shall also inure to the benefit of a party's employees, officers, agents and servants. XVIII.Authorized Representatives and Notice. The following named authorized representatives for the City and County are available to the Consultant as a point of contact for any inquiries the Consultant may have in the performance of this Agreement. Consultant may contact either representative in this regard. The parties hereto expressly agree that for purposes of notice, 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. For Douglas County: Kathleen Kelley 3 tain net operating losses). The accrual or receipt of interest on the Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient's particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. Purchasers of the Bonds, particularly purchasers that are corporations (including S corporations and foreign corporations operating branches in the United States), property or casualty insurance companies, banks, thrifts or other financial institutions, certain recipients of Social Security or Railroad Retirement benefits, taxpayers otherwise entitled to claim the earned income credit or taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations are advised to consult their tax advisors as to the tax consequences of purchasing or holding the Bonds. 4839-4000-4867.6 D-2 0 cu I•- O • w 0 U = 0, 0, 10 10 en 7 N� N 10 01 00 0 00 V1 O N 0 10 N 10 N N N '-' `g 7 01 10 7 O, 10 et -- O, N 10 7 00 01 N 0, V1 10 as b 0, 7 7 cc- el () L V1 Os 0 00 01 00. 00. O Cl, Cl, 00 N O 00 N O N M V1 V1 10 10 N i d'+d., .- .-- N 01 N� V1 00 01 N s 0s O, o 10 I� O oo o1 oo 10 00 n e O • CA u a N 00 V1 en N 0 00 N O, .-- M N N Cr O1 CO N O1 V1 -- .-- en 0 0 0 4.1 0 O 0 r- Vl N 10 s OO N N en M en 7 N -- en t` t o 00 en I. 00 CO CO N N Y i I-- -'C.p b M NI h 0 N 0 00 V1 M CA" I` V1 N O 00 7 t'1 --. N I a) p•1 a An 01 An An An An An 7 7 7 0 en en en en en N N N I.n V 0069 Y -.0 b c C .0 10 N .. iC N M n o. 10 H 4) a O O -- N en 7 Vl 10 N 00 0, N N N N N N N N N N M M M M QL Y . = :0 E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E. •i= 0 = L a y N N N N N N N N N N N N N N N N N N N N N N N N N Q (y 0 • 0 W A F 0 o, .7 oo City State Zip Email Address: CITY OF OMAHA, NEBRASKA e ilaloy Sur8 Mayor Date a rowa, City Clerk ethr-, APPROVED AS TO FORM APPROVED AS TO F9I,RM On this lb day of % On this 2 /Lday of 9 0,1Calk 61(. ` eta Lte, 20/7 Deputy County Attorney Assistant City Attorney • D,' g cNo 0 rA• O w bq • 2 cac \. ' gr. cA'i a A' CD w 1:0 CO Q � CD• � Aa ° a. a. °. o oro°Qa CD to o c cCD 0 . CT O. N M 0 CCD N °, CCDD tii N O N 0 • • • • • • _1 \ . .i..2009 '7J City ClerkWc2/09 Approved � ��ra 12 Mayor 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) commissioned Dr.Costis Toregas in October 2007,to perform a series of tasks to help DOT.Comm address governance and organizational issues within their organization; and, WHEREAS,one of the recommendations of the Toregas report was the necessity of City and County governments to articulate business requirements,service delivery requirements and IT expectations to DOT.Comm management; and, WHEREAS,that the City of Omaha contracted with Dr.Costis Toregas to prepare a Technology Plan that outlined its technology needs,provided methods to modernize its operations, prioritized activities, and provide a method to measure the result of technology expenditures; and, WHEREAS,Douglas County contracted with Dr.Costis Toregas to perform similar functions relative to a Technology Plan: and, WHEREAS,the City of Omaha and Douglas County have decided to retain Dr.Costis Toregas to implement the Technology Plan developed jointly for Douglas County and the City of Omaha; and, WHEREAS, the City of Omaha and Douglas County have negotiated the attached Agreement with Dr. Costis Toregas wherein he will provide the described professional services to them for the amount of thirty-nine thousand dollars ($39,000), plus approved travel and hotel expenses, with the cost to be equally divided between the City and County. By Councilmember Adopted City Clerk Approved Mayor ovided that the other party gives the Indemnifying Party prompt, written notice of any such claim, suit, demand or cause of action. The other party shall cooperate in the defense or settlement negotiation of such claim, suit, demand or cause of action. The provisions of this section shall survive expiration or termination of this Agreement. XVII. No Third Party Rights. This Agreement is not intended to,nor shall it provide third parties, excluding any assignment as provided herein,with any remedy, claim, liability, reimbursement, cause of action or other right or privilege; except that this Agreement's indemnification provision shall also inure to the benefit of a party's employees, officers, agents and servants. XVIII.Authorized Representatives and Notice. The following named authorized representatives for the City and County are available to the Consultant as a point of contact for any inquiries the Consultant may have in the performance of this Agreement. Consultant may contact either representative in this regard. The parties hereto expressly agree that for purposes of notice, 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. For Douglas County: Kathleen Kelley 3 tain net operating losses). The accrual or receipt of interest on the Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient's particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. Purchasers of the Bonds, particularly purchasers that are corporations (including S corporations and foreign corporations operating branches in the United States), property or casualty insurance companies, banks, thrifts or other financial institutions, certain recipients of Social Security or Railroad Retirement benefits, taxpayers otherwise entitled to claim the earned income credit or taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations are advised to consult their tax advisors as to the tax consequences of purchasing or holding the Bonds. 4839-4000-4867.6 D-2 0 cu I•- O • w 0 U = 0, 0, 10 10 en 7 N� N 10 01 00 0 00 V1 O N 0 10 N 10 N N N '-' `g 7 01 10 7 O, 10 et -- O, N 10 7 00 01 N 0, V1 10 as b 0, 7 7 cc- el () L V1 Os 0 00 01 00. 00. O Cl, Cl, 00 N O 00 N O N M V1 V1 10 10 N i d'+d., .- .-- N 01 N� V1 00 01 N s 0s O, o 10 I� O oo o1 oo 10 00 n e O • CA u a N 00 V1 en N 0 00 N O, .-- M N N Cr O1 CO N O1 V1 -- .-- en 0 0 0 4.1 0 O 0 r- Vl N 10 s OO N N en M en 7 N -- en t` t o 00 en I. 00 CO CO N N Y i I-- -'C.p b M NI h 0 N 0 00 V1 M CA" I` V1 N O 00 7 t'1 --. N I a) p•1 a An 01 An An An An An 7 7 7 0 en en en en en N N N I.n V 0069 Y -.0 b c C .0 10 N .. iC N M n o. 10 H 4) a O O -- N en 7 Vl 10 N 00 0, N N N N N N N N N N M M M M QL Y . = :0 E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E. •i= 0 = L a y N N N N N N N N N N N N N N N N N N N N N N N N N Q (y 0 • 0 W A F 0 o, .7 oo City State Zip Email Address: C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 2 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the Mayor is authorized to sign the attached Agreement between the City of Omaha, Douglas County and Dr.Costis Toregas to implement the Technology plan developed jointly for the City of Omaha and Douglas County for the contracted amount of thirty-nine thousand dollars ($39,000),plus approved travel and hotel expenses,with the cost to be equally divided between the City and County which City funds shall be from the General Fund 11111 Organization 119019 Account 42239. APPROVED AS TO FORM: 2Jz7o / ASSISTANT CITY ATTORNEY DA E p:Uaw-city council documents\2009\10143dae.doc By.... .. q--- /``r).44 ' 1 COuricilmember Adopted M R..3 1 2O l' , "Cl City Clerk4//2/09 . Approved / ..:.: 76 Mayor i s County have decided to retain Dr.Costis Toregas to implement the Technology Plan developed jointly for Douglas County and the City of Omaha; and, WHEREAS, the City of Omaha and Douglas County have negotiated the attached Agreement with Dr. Costis Toregas wherein he will provide the described professional services to them for the amount of thirty-nine thousand dollars ($39,000), plus approved travel and hotel expenses, with the cost to be equally divided between the City and County. By Councilmember Adopted City Clerk Approved Mayor ovided that the other party gives the Indemnifying Party prompt, written notice of any such claim, suit, demand or cause of action. The other party shall cooperate in the defense or settlement negotiation of such claim, suit, demand or cause of action. The provisions of this section shall survive expiration or termination of this Agreement. XVII. No Third Party Rights. This Agreement is not intended to,nor shall it provide third parties, excluding any assignment as provided herein,with any remedy, claim, liability, reimbursement, cause of action or other right or privilege; except that this Agreement's indemnification provision shall also inure to the benefit of a party's employees, officers, agents and servants. XVIII.Authorized Representatives and Notice. The following named authorized representatives for the City and County are available to the Consultant as a point of contact for any inquiries the Consultant may have in the performance of this Agreement. Consultant may contact either representative in this regard. The parties hereto expressly agree that for purposes of notice, 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. For Douglas County: Kathleen Kelley 3 tain net operating losses). The accrual or receipt of interest on the Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient's particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. Purchasers of the Bonds, particularly purchasers that are corporations (including S corporations and foreign corporations operating branches in the United States), property or casualty insurance companies, banks, thrifts or other financial institutions, certain recipients of Social Security or Railroad Retirement benefits, taxpayers otherwise entitled to claim the earned income credit or taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations are advised to consult their tax advisors as to the tax consequences of purchasing or holding the Bonds. 4839-4000-4867.6 D-2 0 cu I•- O • w 0 U = 0, 0, 10 10 en 7 N� N 10 01 00 0 00 V1 O N 0 10 N 10 N N N '-' `g 7 01 10 7 O, 10 et -- O, N 10 7 00 01 N 0, V1 10 as b 0, 7 7 cc- el () L V1 Os 0 00 01 00. 00. O Cl, Cl, 00 N O 00 N O N M V1 V1 10 10 N i d'+d., .- .-- N 01 N� V1 00 01 N s 0s O, o 10 I� O oo o1 oo 10 00 n e O • CA u a N 00 V1 en N 0 00 N O, .-- M N N Cr O1 CO N O1 V1 -- .-- en 0 0 0 4.1 0 O 0 r- Vl N 10 s OO N N en M en 7 N -- en t` t o 00 en I. 00 CO CO N N Y i I-- -'C.p b M NI h 0 N 0 00 V1 M CA" I` V1 N O 00 7 t'1 --. N I a) p•1 a An 01 An An An An An 7 7 7 0 en en en en en N N N I.n V 0069 Y -.0 b c C .0 10 N .. iC N M n o. 10 H 4) a O O -- N en 7 Vl 10 N 00 0, N N N N N N N N N N M M M M QL Y . = :0 E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E. •i= 0 = L a y N N N N N N N N N N N N N N N N N N N N N N N N N Q (y 0 • 0 W A F 0 o, .7 oo City State Zip Email Address: f = 0-J / 0 0• 3 O \ 0 pCD ' q ƒ = § § §• M- = 0 8 ,- ,• R k Cy 9 R ° ' \ _ § 7 ° ƒ g 7 / ( 9 a- 0 K ? ° g E § oo glri § © « CA ° _q ° n @ " W k §. g \ k 0 k �' % & § k• , § k \0 k / 7 \ X. n / § 7 g ® R O k § ° 015 �. S _ 7 ° ƒ 2 2 d \ / . 2 ] , \ 7 » = a o p n _ 2 / R 2 g § CD Cn ° 9 7 E CD n g a � � n \ � k9ko ?CA k. � k § \ § 2 2 R q' 7 § 9 a 9 � • / ��. . . . , R/a G3 * -x.• P /' . Approved / ..:.: 76 Mayor i s County have decided to retain Dr.Costis Toregas to implement the Technology Plan developed jointly for Douglas County and the City of Omaha; and, WHEREAS, the City of Omaha and Douglas County have negotiated the attached Agreement with Dr. Costis Toregas wherein he will provide the described professional services to them for the amount of thirty-nine thousand dollars ($39,000), plus approved travel and hotel expenses, with the cost to be equally divided between the City and County. By Councilmember Adopted City Clerk Approved Mayor ovided that the other party gives the Indemnifying Party prompt, written notice of any such claim, suit, demand or cause of action. The other party shall cooperate in the defense or settlement negotiation of such claim, suit, demand or cause of action. The provisions of this section shall survive expiration or termination of this Agreement. XVII. No Third Party Rights. This Agreement is not intended to,nor shall it provide third parties, excluding any assignment as provided herein,with any remedy, claim, liability, reimbursement, cause of action or other right or privilege; except that this Agreement's indemnification provision shall also inure to the benefit of a party's employees, officers, agents and servants. XVIII.Authorized Representatives and Notice. The following named authorized representatives for the City and County are available to the Consultant as a point of contact for any inquiries the Consultant may have in the performance of this Agreement. Consultant may contact either representative in this regard. The parties hereto expressly agree that for purposes of notice, 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. For Douglas County: Kathleen Kelley 3 tain net operating losses). The accrual or receipt of interest on the Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient's particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. Purchasers of the Bonds, particularly purchasers that are corporations (including S corporations and foreign corporations operating branches in the United States), property or casualty insurance companies, banks, thrifts or other financial institutions, certain recipients of Social Security or Railroad Retirement benefits, taxpayers otherwise entitled to claim the earned income credit or taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations are advised to consult their tax advisors as to the tax consequences of purchasing or holding the Bonds. 4839-4000-4867.6 D-2 0 cu I•- O • w 0 U = 0, 0, 10 10 en 7 N� N 10 01 00 0 00 V1 O N 0 10 N 10 N N N '-' `g 7 01 10 7 O, 10 et -- O, N 10 7 00 01 N 0, V1 10 as b 0, 7 7 cc- el () L V1 Os 0 00 01 00. 00. O Cl, Cl, 00 N O 00 N O N M V1 V1 10 10 N i d'+d., .- .-- N 01 N� V1 00 01 N s 0s O, o 10 I� O oo o1 oo 10 00 n e O • CA u a N 00 V1 en N 0 00 N O, .-- M N N Cr O1 CO N O1 V1 -- .-- en 0 0 0 4.1 0 O 0 r- Vl N 10 s OO N N en M en 7 N -- en t` t o 00 en I. 00 CO CO N N Y i I-- -'C.p b M NI h 0 N 0 00 V1 M CA" I` V1 N O 00 7 t'1 --. N I a) p•1 a An 01 An An An An An 7 7 7 0 en en en en en N N N I.n V 0069 Y -.0 b c C .0 10 N .. iC N M n o. 10 H 4) a O O -- N en 7 Vl 10 N 00 0, N N N N N N N N N N M M M M QL Y . = :0 E o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E. •i= 0 = L a y N N N N N N N N N N N N N N N N N N N N N N N N N Q (y 0 • 0 W A F 0 o, .7 oo City State Zip Email Address: