RES 2004-1576 - Contract with Greater Omaha chamber of commerce for economic development partnership of 00mA,N4,44 Finance Department
�� RECEIVED
G•`►y 7 Omaha/Douglas Civic Center
':`itiV 1819 Famam Street,Suite 1004
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; e.* _ . (402)444-5416
0 or; CITY CLERK Telefax(402)444-5423
4r,FEBRV. O M 85 H A, NEBRASKA R A S K a Carol A.Ebdon
City of Omaha f'1 l Director
Mike Fahey,Mayor
Allen R.Herink
City Comptroller
Honorable President
and Members of the City Council,
The attached proposed resolution approves the Contract with the Greater Omaha Chamber of
Commerce. The Contract provides that the City will pay the Chamber of Commerce One
Hundred and Twenty-five Thousand Dollars during 2005 to fund a portion of the Greater Omaha
Economic Development Partnership. These funds shall be used for the promotion, marketing
and advertising of the City of Omaha as a part of a community wide effort to expand economic
development.
Funding shall be from Other Budgetary Accounts — Community Service Programs, GO-Job
Creation, 126028, Keno Lottery Fund 12118.
The Mayor urges your approval of the proposed resolution and agreement.
Respectfully submitted, Referred to City Council of City of Omaha:
11 1„),310,k 11/0„1/01
Carol A. Ebdon Date ayor's ffice Date
Finance Director
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CONTRACT
THIS CONTRACT is entered into by and between the City of Omaha, a Municipal
Corporation in Douglas County, Nebraska, also referred to as "City" and the Greater Omaha
Chamber of Commerce, a Nebraska non-profit corporation doing business at 1301 Harney Street,
in Omaha,Nebraska, also referred to as the"Chamber."
RECITALS
Whereas, the City of Omaha wishes to assist in a program within the City by providing
funds for the promotion, marketing and advertising of the City as part of the expanded economic
development effort called"Greater Omaha Economic Development Partnership"; and,
Whereas, the City of Omaha wishes to retain the services of a non-profit organization to
partially administer the program; and,
Whereas, the Chamber has experience in administering such programs and wishes to
provide its professional services for the administration and assistance sought by the City.
IN CONSIDERATION OF THESE MUTUAL COVENANTS, THE CITY OF OMAHA
AND THE GREATER OMAHA CHAMBER OF COMMERCE AGREE AS FOLLOWS:
PROVISIONS OF THE CONTRACT
I. DUTIES OF THE CITY
1. The City shall provide up to one hundred twenty-five thousand dollars ($125,000)
annually to the Chamber for the purpose of implementing the Greater Omaha Economic
Development Partnership, as described on Exhibit"A" for the period beginning 1 January, 2005,
and ending 31 December, 2005.
2. The City shall make these funds available to the Chamber upon the City Council's
approval of this Contract and in accordance with the following procedures. A progress payment
shall be released after submission to and approval by the City Finance Director of project
progress reports that certify expenditures for approved activities set out in Exhibit "A". The
progress payment shall be released within two weeks after approval by the Finance Director.
II. DUTIES OF CHAMBER
1. The Chamber shall be responsible for the administration, implementation and promotion
of the Greater Omaha Economic Development Partnership. The Chamber's duties shall include
but not be limited to, the following activities:
(a) Provide sufficient personnel, supplies, and resources to properly administer,
operate, and promote the Greater Omaha Economic Development Partnership.
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(b) Comply with all federal, state, and local requirements for the use of public
moneys.
(c) Maintain such records and accounts, including property, personnel, and financial
records, as are deemed necessary by the City to assure a proper accounting for all
contract expenditures. Any authorized representative of the City designated by the
Finance Director shall have access to any books, documents, papers and records of the
Chamber which directly relate to this Contract or the Greater Omaha Economic
Development Partnership for the purposes of making audit, examination, excerpts, and
transcriptions. Such records and accounts shall be retained for five (5) years from the
completion of the tasks of this Contract.
(d) Provide the Finance Director with a detailed quarterly financial and performance
report of the activities which are related to the City funding of the Greater Omaha
Economic Development Partnership, which shall include information regarding
Enterprise Zone development. Such report shall include the information required by the
City Finance Director and shall include an accounting of all funds received and
disbursed. Such reports shall be submitted not later than the 15th day of the month
following completion of the calendar quarter(April, July, October, January).
(e) Provide the Finance Director with four copies of any material, including
promotional material, developed with City funds. The City Council shall also be
provided with two additional such copies. The City shall have full use and right to such
material including the right to copy and distribute it for economic development purposes.
(f) Shall fully indemnify and hold the City harmless for any act or omission by the
Chamber in the course of performing this Contract.
III. TERM
This Contract shall be in full force and effect from the effective date of the City Council
resolution approving this Contract through and including the completion of the duties of the
parties; provided that certain duties of the parties as specifically set out herein may have been
accomplished prior to the effective date or may be required subsequent to termination date. This
Contract may be terminated by either party upon thirty days notice.
IV. GENERAL CONTRACT PROVISIONS
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
Annexed hereto as Exhibit "B" and made a part hereof by reference are the equal
employment provisions of this Contract. Refusal by the Chamber, or any group or association
receiving funds subject to this Contract, to comply with these provisions as therein stated and
described will subject the offending party to any or all of the following penalties:
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(a) Withholding of all future payments to the offending party under the involved
contracts until it is determined that the offending party is in compliance with the provisions; or
(b) Refusal of all future bids for any contracts with the City or any of its departments
or divisions until such time as the violator demonstrates that it has established and shall carry out
the policies as therein outlined.
NONDISCRIMINATION
The Chamber shall not, in the performance of this Contract, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, sex,
age, political or religious opinions, affiliations or national origin.
CAPTIONS
Captions used in this Contract are for convenience and are not used in the construction of
this contract.
APPLICABLE LAW
Nebraska law will govern the terms and the performance under this Contract.
INTEREST OF THE CITY
Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or
employee of the City shall have a financial interest, direct or indirect, in any City contract. Any
violation of this section with the knowledge of the Chamber will render the contract voidable by
the Mayor or the Council.
MERGER&MODIFICATION
This is the entire, complete, and full agreement of the parties. No representations were
made or relied upon by either party other than those that are expressly set forth herein.
This Contract shall not be merged into any other oral or written contract, lease or deed of
any type. 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. All provisions of this Contract 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.
The parties hereto acknowledge that, as of the date of the execution of this Contract,
Section 10-142 of the Omaha Municipal Code provides as follows:
Any amendment to the contracts or purchases which taken alone increases
the original bid prices awarded (a) by ten percent, if the original bid price is one
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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.
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.
ASSIGNMENT
The Chamber may not assign its rights under this Contract without the express prior
written consent of the City Council.
CODE PROVISIONS
During the term of this Contract, the Chamber shall be familiar with and expressly follow
the previsions of Section 10-162 of the Omaha Municipal Code.
AUTHORIZED REPRESENTATIVE
For the purposes of notice, including legal service of process, during the term of this
Contract and for the period of any applicable statute of limitations thereafter, the following
named individuals, or their successors in office, shall be the authorized representative of the
parties:
A. Carol A. Ebdon
Finance Director
City of Omaha
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,Nebraska 68183
(402) 444-5417 FAX (402)444-5423
B. David G. Brown
President& CEO
Greater Omaha Chamber of Commerce
1301 Harney Street
Omaha,Nebraska 68102-1804
(402) 346-5000 FAX (402) 346-7050
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/14"EXECUTED this ($1 'day of 2004.
ATTEST: GREATER OMA HA R OF COMMERCE
yr By
EXECUTED this day of JeaeI•Oe,i-,2004.
ATTEST: = CITY OF OMAHA, a Municipal Corporation
By )10t.idia.4
ITY_ CLERK, CITY OF OMAHA MAYOR, CITY OF OMA
APPR' . ..D AS TO FORM:
A* c fog
ASSISTANT CITY ATTORNEY ,
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f
GREATER OMAHA
.. ; z L• ECONOMIC DEVELOPMENT
-F. T
August 10, 2004 ! P A R T N E R S H I P
Ms Carol Ebdon
Finance Director
City of Omaha Finance Department
Omaha/Douglas Civic Center
1819 Farnam Street, Suite 1004
Omaha, Nebraska 68183-1004
Dear Ms Ebdon.
This letter will serve as the request for City funding and an outline for an agreement
between the City of Omaha and the Greater Omaha Chamber of Commerce relative to
provision of City funds toward the Greater Omaha Economic Development Partnership
(GOi)
GOi is the funding program for economic development activities at the Greater Omaha
Chamber of Commerce These funds provide the resources and staff to attract new
businesses, retain and expand current businesses, create a better environment for
entrepreneurship and market Greater Omaha nationally and internationally in order to grow
the population through creation of quality employment opportunities_
Funds are requested during each of the calendar years 2004 through 2008 in the amount of
'• one hundred twenty-five thousand dollars ($125,000) annually for a total investment of six
s.:
hundred twenty-five thousand dollars ($625,000)
F unds will be dispersed in accordance with the provisions of the Municipal Publicity Act
The Act, (Section 13-315 of the Nebraska State Statues), gives cities, villages and counties
the power to appropriate annually from general funds or from revenues received from any
proprietary function up to four-tenths of one percent of the actual valuation of the city,
x' village or county for certain purposes relating to "encouraging immigration, new industries
and investment" in a city, village or county
_; The Chamber is very appreciative of the City's support of this program I have also
enclosed the Equal Employment Opportunity Clause "Exhibit B" per the City's agreement
Should any questions arise please do not hesitate to contact us
Sincerely, .
. -1-7 eid
',` Ja es Esch
Di or, Greater Omaha Economic Development Partnership
7 Greater Omaha Chamber of Commerce •
ri Enclosure 1301 Harney St
Y Omaha, NE 68102 EXHIBIT
1
402 346 5000
' fax 402 346 7050 8
y;o
Equal Employment Opportunity Clause
During the performance of this contract, the contractor agrees as follows
1. The contractor shall not discnminate against any employee applicant for
employment because of race, religion, color, sex or national origin The
contractor shall take affirmative action to ensure that applicants are employed
and that employees are treated during employment without regard to their race,
religion, color, sex or national origin As used herein, the word "treated" shall
mean and include, without limitation, the following Recruited, whether
advertising or by other means, compensate; selected for training, including
apprenticeship, promoted, upgraded, demoted, downgraded; transferred, laid off,
and terminated
The contractor agrees to and shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the
contracting officers setting forth the provisions of this nondiscrimination clause
2 The contractor shall, in all solicitations or advertisements for employees placed
by or on behalf or the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, religion, color, sex or
national origin
3 The contractor shall send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding a notice advising the labor union or worker's representative of the
contractor's commitments under the equal employment opportunity clause of the
city and shall post copies of the notice in conspicuous places available to
employees and applicants for employment
4 The contractor shall furnish to the contract compliance officer all federal forms
containing the information and reports required by the federal government for
federal contracts under federal rules and regulations, and including the
information required by Sections 10-192 to 10-194, inclusive, and shall permit
reasonable access to his records Records accessible to the contract
compliance officer shall be those which are related to Paragraphs (1) through (7)
of this subsection and only after reasonable notice is given the contractor The
purpose for this provision is to provide for investigation to ascertain compliance
with the program provided for herein
5 The contractor shall take such actions with respect to any subcontractor as the
city may direct as a means of enforcing the provisions of Paragraphs (1) through
(7) herein, including penalties and sanctions for noncompliance, 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
necessary to protect the interests of the city and to effectuate the provisions of
EXHIBIT
a
•
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 same 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 or purchase order so that such provisions will be binding upon each
subcontractor or vendor
,
C-254 CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha wishes to assist in a program within the City by
providing funds for the promotion, marketing and advertising of the City as part of the expanded
economic development effort called "Greater Omaha Economic Development Partnership"; and,
WHEREAS, the City of Omaha wishes to continue to retain the services of a non-
profit organization to partially administer the program; and,
WHEREAS, the Greater Omaha Chamber of Commerce has administered this
program and wishes to continue to provide its professional services for the administration and
assistance sought by the City; and,
WHEREAS, it is in the interests of the citizens of Omaha to enter into the contract
between the City of Omaha and the Greater Omaha Chamber of Commerce, a Nebraska non-
profit corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Mayor is authorized to sign, and the City Clerk to attest, the attached
contract between the City of Omaha and the Greater Omaha Chamber of Commerce for the
Greater Omaha Economic Development Partnership for the year 2005 and to provide payment of
one hundred twenty-five thousand dollars ($125,000). Funding shall be from Other Budgetary
Accounts—Community Service Programs, GO-Job Creation, 126028, Keno Lottery Fund 12118.
P:\LAW1\11502pjm.doc APPROVED AS TO FORM:
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AS c-T CITY ATTORNEY ATE
By Oil - 144 •
i-._ ouncilmember
Adopted,4fC.1...4..20 2_Q
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