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RES 2006-0262 - Agmt with Keep Omaha Beautiful Inc to promote stormwater pollution prevention ' a FOM,/NFd l f '°°sRECEIVED Public Works Department z �'��i•Vi Omaha/Douglas Civic Center ® �1!^ l�k ro March 14, 2006 06 MAR —3 PM 2 t 1819FaNeb Street,Suite601 p9r_ ' ry Omaha,Nebraska 68144-5220 i0o CITY```"' ^' "'' (402)444-5220 t4 CI ! ! v.. 7..tit', R4ren FEBRV ., Fax(402)444-5248 4 MA11M, t. �JE,E;Siil' City of Omaha Robert G.Stubbe,P.E. Mike Fahey,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 Management Organization 116312, Fund 12128, 2006 expenditure. KOB has filed the required Annual Contract Compliance Report Form in the Human Rights and Relations Department. The Director of Human Rights and Relations Department will review the firm to determine its compliance. The Public Works Department requests your consideration and approval of the attached Resolution and Agreement. Respectfully submitted, Referred to City Council for Consideration: drfreAf - .2 ).7-0 4 "ria• -' 0.104 Robert G. Stubbe, P.E. ,lr.Date Mayor's Office Date Public Works Director Approved as to Funding: Approved: Carol A. Ebdon 44 Date Gail Kinsey hom o a Date Finance Director'/ Human Rights and Relations Dire r P:\PW1\13752pjm.doc AGREEMENT 1 ,,� cdi/ THIS AGREEMENT made and entered into this 4 day of Ad ,2006, between the CITY OF OMAHA, 1819 Famam Street,Omaha,Nebraska 68183,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, 2006. 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 distribute brochures 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 2006. b) KOB shall organize,coordinate,and promote the World 0! Water Event. KOB will document the date and the location of the 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 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 2006. 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 2006. 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. 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: YOrt c3/6-pb By:)' 4 a/G o- i ,}:: . wily Clerk Date Mike Fahey, Mayor Date KEEP OMAHA BEAUTIFUL, INC., a Non-profit Corporation: By: An 1 /7 2toe :O' ' CHA ERSON Date APPROVED AS TO FORM: By: a 27e j %'F '�h ''' Y CITY ATTORNEY Date C-25A 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 an Agreement, which by reference becomes a part herein; and, WHEREAS, the City will pay KOB $40,000.00 from the Storm Water Management Organization 116312, Stormwater Fee Revenue Fund 12128, year 2006 expenditure for the 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 and public education for 2006 is hereby approved. BE IT FURTHER RESOLVED: THAT, the Finance Department is authorized to pay $40,000.00 from the Storm Water Management Organization 116312, Stormwater Fee Revenue Fund 12128, year 2006 expenditure. P:\PW1\13753pjm.doc APPROVED AS TO FORM: :4,01r c7? CITY ATTORNEY DATE By /04°01'913AM' - Councilmember Adopted - MAR 1 4 2006 - �o -D pC I,a‘ 14 .... ;1� o� City Clerk Approved / Mayor • 7 N (4q ® _ _ ` \ R \ \ O ƒ ? ' / HJ. H ! CD ° E U z ± _ 9 = § 2 g O 00 0 g c . --C_'_'''__ _\_., i,,a-,, 7 \ CD a \ . M 9 » o 2 0 R d' 0 P . o q 16 b 0 2 • S = • ° ° & 7 7` Cr § 5 2 0 7 c S _ w = .� % K g 5 7 / 0 0,00 w c q R \ ." § 2 0 • \ ':«y . .