NOT PASSED Agmt with Johnson Equestrian Foundation for Flying Right program - `,/°1_ Greater Omaha
Workforce Development
ri_ 93 2421 N 24th St
��t1 • J Omaha,NE 68110 2282
°�rFo FEBAt"pry (402)444-4700
i T v Telefax(402)444-3755
City of Omaha 'A fi zi N r_1i Maria Vazquez
Mike Fahey,Mayor SP(A Director
Honorable President
and Members of the City Council,
The purpose of the attached Ordinance is to approve an agreement between the City of Omaha
and Johnson Equestrian Foundation for operation of the Flying Right program for a period of
approximately 18 months. The contract amount of $10,108 will be paid from the Enterprise
Zone Social Services Block Grant. This proposal was recommended for funding by the
Enterprise Zone Board of Directors.
Respectfully submitted,
Maria azquez, irector
Greater Omaha Workforce Development
Approved as to Funding: Referred to City Council for Consideration:
/123,3 de,f1,47 ,
Stanley P. T. m LEA Date lyor s •ffice/Title Date
Finance Director
P:\Law1\4351 sap.doc
ORDINANCE NO. ,
AN ORDINANCE to approve an Agreement between the City of Omaha and Johnson Equestrian
Foundation for a period of approximately 18 months in the amount of $10,108.00, to
provide funding from SSBG/Enterprise Zone funds for operation of the Flying Right
program; to authorize the Finance Director to make payments in accordance therewith;
and to provide an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the Agreement, attached hereto as Exhibit 1, between the City of Omaha
and Johnson Equestrian Foundation for a period of approximately 18 months in the amount of
$10,108.00, for operation of the Flying Right program is hereby approved.
Section 2. That the Finance Director of the City of Omaha is authorized to pay the cost
thereof in accordance with such Agreement from the Enterprise Zone Social Services Block
Grant.
Section 3. That this Ordinance, not being of legislative character, shall be in full force
and take effect immediately upon its date of passage.
R• ! . " tv, OUN II MEMBER
Iry` •rw APPROVED BY:
MAYOR OF THE CITY OF OMAHA DATE
JUL Ag- 2003 f‘,Zo,7 o` ��.
ATTEST: 1Ali
CITY CLERK OF THE CITY OF OMAHA DATE
APPROV P A 0 F •
Y ATTORNEY DATE
P:\Law1\4346sap.doc
AGREEMENT
This Agreement is hereby made and entered into this day of
2003, 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 "City") and JOHNSON EQUESTRIAN FOUNDATION
(hereinafter referred to as "Contractor").
WHEREAS, in 1994 the City of Omaha received Enterprise Zone designation
from the State of Nebraska and Enterprise Community designation from the United Sates
Department of Housing and Urban Development and qualified for approximately
$2,900,000.00 in Enterprise Zone funds; and,
WHEREAS, the City of Omaha has appointed an Enterprise Zone Board; and,
WHEREAS, such Enterprise Zone Board, with the approval of the Stakeholders,
has recommended that $600,000.00 of such funds be used to fund innovative programs
and projects meeting the goals and objectives of the Enterprise Zone/Community
legislation; and,
WHEREAS, such Enterprise Zone Board advertised for proposals for such
innovative programs and projects; reviewed the responses thereto; and recommended to
the City that the proposal of Contractor be funded; and,
WHEREAS, it is necessary for the City to enter into an Agreement with
Contractor to provide Enterprise Zone funding in the amount of $10,108 for such
program.
NOW, THEREFORE, for and in consideration of the mutual covenants and
agreements herein contained, the City and Contractor do hereby mutually undertake,
promise, agree and contract each for itself and its successors and assigns as follows:
SECTION 1. PURPOSE
The purpose of this Agreement is to specify the terms and conditions upon which
Contractor will receive $10,108 of Enterprise Zone funds from the City of Omaha for the
purpose of operation of the Flying Right program.
SECTION 2. DEFINITIONS—ABBREVIATIONS
2.1 "City" shall mean — the City of Omaha, a Nebraska Municipal
Corporation.
2.2 "Contractor" shall mean—Johnson Equestrian Foundation
2.3 "Director" shall mean—the Greater Omaha Workforce Development
(GOWD) Director.
2.4 "Enterprise Community" shall mean — the area of Omaha designated by
the U.S. Department of H.U.D. as an enterprise community, shown on the
map in Exhibit"A".
2.5 "Recipient" shall man—the City of Omaha.
2.6 "Subrecipient" shall mean — an organization receiving SSBG funds to
undertake eligible activities. In this Agreement, the Subrecipient is the
Johnson Equestrian Foundation.
2.7 "Social Service Block Grants (SSBG)" — shall mean the program
administered by the City of Omaha and funded under the Empowerment
Zones/Enterprise Communities program of the Omnibus Budget
Reconciliation Act of 1993. The program purpose is to empower
American communities to create jobs and opportunity, take effective
action to solve difficult and pressing economic, human, physical and
community development challenges of today, and to build for tomorrow as
part of a Federal-State-Local and private sector partnership in accordance
with Federal Regulations in 45 CFR Part 96 Subpart C (Exhibit B) and the
program objectives, priorities, and strategies as stated in the Omaha
Enterprise Community Application.
2.8 "SSBG Funds" shall mean—the portion of the Social Service Block Grant
program awarded to the City for the use specified herein, in an amount not
to exceed $10,108 subject to the terms, conditions, and requirements of
said Grant.
2.9 "Grant" shall mean — non-repayable SSBG funds made subject to terms,
conditions and provisions of the grant agreement under which said grant is
made.
2.10 "Facility" shall mean — Johnson Equestrian Foundation, located at P.O.
Box 34441, Omaha,Nebraska 68134.
2.11 "Program Income" shall mean—gross income received by the Recipient or
Subrecipient directly generated from the use of SSBG funds. When such
income is generated by an activity that is only partially assisted with
SSBG funds, the income shall be prorated to reflect the percentage of
SSBG funds used. (See Exhibit"C")
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SECTION 3. DUTIES AND CONDITIONS OF CITY
3.1 Subject to and conditioned upon actual receipt of same, the City agrees to
make available to the Contractor $10,108 in SSBG funds, Fund No. 188,
in the form of a grant for the purposes set forth in this Agreement, and as
detailed in Exhibit"E" incorporated herein by this reference.
3.1.1 City funding pursuant to this Section shall be contingent upon
receipt of and subject to the availability of SSBG funds in amounts
adequate to meet any contractual obligations in force upon the date
of execution of this Agreement, as well as, this proposed
obligation. Should adequate funding not be available, the City shall
notify the Contractor as soon as reasonably possible. At such time,
the responsibilities of the Contractor under Section 4 of this
Agreement shall be released, the provisions of Section 6,
Paragraph 6.10 will be exercised and the Agreement will be
terminated.
3.1.2 Reimbursement shall be on a monthly basis for the budget items.
Payments shall be made on the basis of monthly requests for
payment and shall be reimbursements for actual expenditures. The
budget is identified as Exhibit "D".
3.1.3. Monthly billing will be submitted to the Director by Contractor.
The monthly billing is due no later than fifteen (15) days following
each monthly reporting period.
3.2 The City shall review and monitor the required monthly progress reports
that identify the progress/accomplishment of Contractor on the activities
included in this Agreement and on contracts entered into with third parties
pursuant thereto. Monthly progress reports are due no later than fifteen
(15) days following each monthly reporting period.
3.3 The City shall prepare monthly payment vouchers for Contractor based
upon the Contractor's monthly progress report and monthly request for
payment.
SECTION 4. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR
4.1 The Contractor does hereby certify, contract and agree that any and all
funding obtained or made available hereunder shall be used solely and
exclusively for the express purposes set forth in this Agreement, and as
detailed in Exhibit"E", Scope of Work.
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4.2 The Contractor shall provide services for clients as required in the scope
of work as attached hereto. (See Exhibit "E''.) Clients shall be residents of
the Enterprise Community area. (See Exhibit "A")
4.3 The Contractor shall submit monthly progress reports to the Director
delineating the Contractor's accomplishments for the previous 30 day
period specified in the scope of work (See Exhibit "E".) This monthly
report shall be due no later than fifteen (15) days following each monthly
reporting period.
4.4 The Contractor shall submit monthly financial reports (income statements)
to the Director delineating the revenue and line item expenditures for
Contractor. In addition, a monthly check register is to be submitted listing
each expenditure by check number, payee, date, and amount for all
expenditures for which reimbursement is requested. These reports shall
include all program income.
4.5 The Contractor shall have an annual audit completed in compliance with
OMB Circular A-133. A copy of the audit shall be provided to the
Director. OMB Circular A-133 is attached as Exhibit "F".
4.6 The Contractor specifically hereby states, agrees and certifies that it is
familiar with the limited purpose set forth in the Federal Laws, Rules and
Regulations, and in the laws of the State of Nebraska, for which personal
information requested may be used and that the information received will
be used solely for those limited purposes and not to harass, degrade or
humiliate any person. The information released shall be used for the
limited purpose stated, and the Contractor further agrees to indemnify and
hold harmless the City of Omaha for any liability arising out of the
improper use by the Contractor of information provided.
4.7 The Contractor and any Subcontractors shall 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
expenses. The Comptroller General of the United States, or any of their
duly authorized representatives, or any duly authorized representatives of
the City of Omaha, as approved by the GOWD Director, shall have access
to any books, documents, papers, records and accounts of the Contractor
or Subcontractors which are directly pertinent to this project for the
purpose of making audit, examination, excerpts and transcriptions. Such
records and accounts shall be retained for five years from the contract
period completion. Any contract entered into by the Contractor with any
Subcontractors shall include this Section to ensure said access.
4.8 Any program income received will be applied to the support of the
operation of the Flying Right program.
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4.9 The Contractor shall comply with all requirements and acknowledges, by
execution of this Agreement, receipt of Department of Health and Human
Services Regulations 45 CFR Part 96 Subpart C.
4.10 The contractor shall acquire bonding in the amount of$5,000 for the board
of directors, officers, and employees entrusted with the handling of funds
pursuant to this Agreement.
SECTION 5. TERM
This Agreement will be in full force and effect and will continue for a period of
approximately eighteen (18) months commencing on the date of favorable consideration
by the City Council and execution by the Mayor and ending on December 31, 2004.
SECTION 6. PROVISIONS OF THE AGREEMENT
6.1 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
Annexed hereto as Exhibit "G" and made a part thereof by reference are the equal
employment provisions of this Agreement. Refusal by Contractor to comply with any
portion of this program as therein stated and described will subject the offending party to
any or all of the following penalties:
A. Withholding of all future payments under the involved contracts to the
contractor in violation until it is determined that Contractor is in
compliance with the provisions of the contract;
B. Refusal of all future bids for any contracts with the City or any of its
departments or divisions until such time as Contractor demonstrates that it
has established and shall carry out the policies of the program as herein
outlined.
6.2 NONDISCRIMINATION
Contractor 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, political or religious opinions, affiliations or national origin.
6.3 CAPTIONS
Captions used in this Agreement are for convenience and are not used in the
construction of this Agreement.
- 5 -
6.4 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.
6.5 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 person or
corporation contracting with the City shall render the contract voidable by the Mayor or
Council.
6.6 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.
6.7 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.
6.8 ASSIGNMENT
Neither Contractor nor City may assign its rights under this Agreement without
the express prior written consent of the other.
6.9 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.
6.10 TERMINATION
This Agreement may be terminated by either party upon thirty (30) days written
notice to the other party. Said notice shall be given when received by certified mail at the
other party's usual place of business. This Agreement may be suspended or terminated in
accordance with 24 CFR 85.43, Enforcement or 24 CFR 85.44. Termination for
Convenience (Exhibit "H"). Upon termination of this Agreement all funds and interest in
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any account hereunder shall become the property of the City and shall be returned to the
City.
6.11 INDEMNIFICATION
The Contractor shall indemnify and hold the City harmless from and against: (1)
any and all claims arising from contracts between the Contractor and third parties made
to effectuate the purposes of this Agreement; and (2) any and all claims, liabilities or
damages arising from the preparation or presentation of any of the work covered by this
Agreement.
6.12 DEFAULT
If, through any cause, the Contractor shall fail to fulfill in a timely and proper
manner any obligations under this Agreement, or violate any of the covenants,
representations or agreements hereof, the City may upon written notice terminate this
Agreement or such parts thereof as to this Agreement, and may hold the Contractor liable
for any damages caused to the City by reasons of such default and termination.
6.13 NEBRASKA LAW
This Agreement shall be a contract made under and governed by the laws of the
State of Nebraska.
6.14 UNENFORCEABLE PROVISIONS
Any provision of this Agreement which is prohibited or unenforceable in any
jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition
of enforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provision in any other jurisdiction.
6.15 DISCLOSURE OF LOBBYING
The Contractor shall certify and disclose, to the best of its knowledge and belief,
that:
(a) No Federal appropriated funds have been paid or will be paid, by or on
behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of Congress, or any employee of a
Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative agreement, and the extension
continuation, renewal, amendment or modification of any Federal
contract, grant, loan, or cooperative agreement.
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(b) If any funds other than Federal appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in
connection with this Federal contract, grant, loan, or cooperative
agreement, the Contractor shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying", in accordance with its
instructions.
(c) The language of this certification be included in the award documents for
all subawards at all tiers (including subcontractors, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
6.16 SUBRECIPIENTS
The Contractor shall comply with the requirements and the standards of OMB
Circular No. A-122, "Cost Principles for the Nonprofit Organizations" (Exhibit "I"), and
with the requirements of Attachments A, B, C, F, H. N and 0 to OMB Circular A-110
(Exhibit "J")
6.17 OTHER PROGRAM REQUIREMENTS
The Contractor shall be required to carry out each activity of this Agreement in
compliance with all Federal laws and regulations described in 45 CFR Part 96 Subpart C
(Exhibit B), and in Subpart K of the CDBG Program Entitlement Grant Regulations
Handbook 6500 (Exhibit"K").
6.18 TERMINATION OF ASSISTANCE
If an individual or family who receives assistance from a recipient or subrecipient
violates program requirements, the recipient or subrecipient may terminate assistance in
accordance with a formal process established by the recipient or subrecipient that
recognizes the rights of individuals affected, which may include a hearing.
6.19 INTEREST OF THE CONTRACTOR
Contractor covenants that it 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; it further covenants that, in the
performance of this Agreement, no person having any such interest shall be employed.
6.20 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
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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.
"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."
6.21 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.
6.22 INDEPENDENT CONTRACTOR
It is understood and agreed by and between Contractor and City that any and all
acts that Contractor or its personnel, employees, agents, contractors, or servants, perform
pursuant to the terms of this Agreement shall be undertaken as independent contractors
and not as employees of the City. The City and Contractor shall each act in their
individual capacities and not as agents, employees, partners,joint venturers or associates
of the other. An employee or agent of one shall not be deemed or construed to be the
employee or agent of the other for any purpose whatsoever. Neither Contractor nor its
personnel, employees, agents, contractors, or servants shall be entitled to any City
benefits. The City shall not provide any insurance coverage to Contractor or its
employees including, but not limited to, workers' compensation insurance. Contractor
shall pay all wages, salaries and other amounts due its employees and shall be responsible
for all reports, obligations, and payments pertaining to social security taxation, income
tax withholding, workers' compensation, unemployment compensation, group insurance
coverage, collective bargaining agreements or any other such similar matters. Contractor
shall have no authority to bind the City by or with any contract or agreement, nor to
impose any liability upon the City. All acts and contracts of Contractor shall be in its
own name and not in the name of the City, unless otherwise provided herein.
SECTION 7 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:
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A. City of Omaha
Director
Greater Omaha Workforce Development
2421 North 24th Street
Omaha,NE 68110
B. Johnson Equestrian Foundation
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dated
indicated below:
EXECUTED this / 5 day of PI.7/ , 2003.
ATTEST: JOHNSON EQUESTRIAN
it\:._DATION V-'' _ {),e .r..,,j1.,,k.
i; , 'u�i�.L (77 Vi4A-4"7.- By r
" It, i S1,„,rr,,k Title
L.
EXECUTED this day of , 2003.
CITY OF OMAHA, a Municipal
Corporation
ATTEST:
By
City Clerk, City of Omaha Mike Fahey
Mayor of the City of Omaha
APPROVED AS TO FORM:
....._ .. ,(,) rz,4, z_L____
Assisfa City Attorney
p:\Johnson Equestrian Ag for Flying Right
- 10 -
SCHEDULE OF EXHIBITS
Exhibit Description
A Enterprise Community Map
B 45 CFR Part 96 Subpart C
C Definition—Program Income
D Budget
E Scope of Work
F OMB Circular No. A-133
G Equal Employment Opportunity Clause
H Termination—CFR 85.43 and CFR 85.44
I OMB Circular No. A-122
J OMB Circular No. A-110, Attachments A, B, C, F,H,N,0
K Subpart K of the CDBG Program Entitlement Grant Regulations
Handbook 6500
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"NOTICE TO PUBLIC_ THE DAILY RECORD
The following Ordinance has been'set for
City Council hearing on June 10; 2003, at OF O1tt�f A I A
2:00 o'clock p.m., in the "Legislative 1�11�11�
Chambers, Omaha/Douglas ).6,-Legislative
Center,
1819 Farnam Street, at whichjiearing all RONALD A.HENNINGSEN, Publisher
pereo,..,ORDINANCE
E be h, approve„
PROOF OF PUBLICATION
ORDINANCE to� approve;,, an
Agreement,between the City of Omaha,and
Johnson Equestrian•.Fotndation fora period
of approximately;18Amonths;in the amount UNITED STATES OF AMERICA,
of $10,108.00, to provide funding from
SSBG/Enterprise Zone.funds for operation of The State of Nebraska, ss.
the Flying Right program;'to authorize the District of Nebraska,
Finance Director to make payments in
accordance therewith; and to provide an County of Douglas,
effective date. City of Omaha,
BUSTER BROWN,
City Clerk
6-6-03 LYNDA K.HENNINGSEN
being duly sworn,deposes and says that she is
ASSOCIATE PUBLISHER
of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
June 6, 2003
That said Newspaper during that time was regularly published and
in,gefie`ar'-., ation in the Co> of Douglas d tate of Nebraska.
H.N ER OSy Ftie
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