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RES 2022-1010 - Contract with Omaha Chamber of Commerce for Prosper Omaha 2.0 - 2023 City Clerk Office Use Only: RESOLUTION NO. �)22'I Publication Date(if pli ble): v v ) �F122 Agenda Date: V �n,v Department: Submitter: N,Y )/i`0iJ' M fah 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 2023 and to provide payment of one hundred seventy-five thousand dollars ($175,000) with funding from Keno/Lottery Proceeds 12118, Organization 126028. APPROVED AS TO FORM: r79: • DEPUTY CITY ATTORNEY DA E 2022\20615se1 Adopted: OCT 18 210 Attest: City CI Approved: . Mayor 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 808 Conagra Dr., Ste. 400,in Omaha,Nebraska, also referred to as the "Chamber." RECITALS WHEREAS, the City of Omaha wishes to assist in a program providing funds for the promotion, marketing and advertising of the City as part of the expanded economic development effort called the "Greater Omaha Economic Development Partnership," more specifically "Prosper Omaha"; 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; and, WHEREAS, the City of Omaha is interested in the creation of jobs and the expansion of the tax base across the City; and, WHEREAS, the City of Omaha is concerned about a declining tax base and loss of jobs in parts of the City of Omaha; and, WHEREAS, the City of Omaha is particularly interested in attracting manufacturing jobs to Omaha, with a desire to see increased industrial development on properties located east of 72nd Street from Harrison Street to Mormon Bridge Road; and, WHEREAS, the Chamber is committed to create jobs and increase the tax base within the City including areas east of 72nd Street as evidenced by the creation of several programs specifically aimed at the development of those areas; and, WHEREAS, the Chamber and the City of Omaha have come to this agreement for administering funds for"Prosper Omaha 2.0" 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 one hundred seventy-five thousand dollars ($175,000) annually to the Chamber for the purpose of a program. known as "Prosper Omaha 2.0," the funding mechanism of the Greater Omaha Economic Development Partnership, as described on Exhibit "A" for the period beginning 1 January 2023 and ending 31 December 2023. 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. Each quarter, the Chamber shall meet with representatives of the Mayor and then shall meet with the Mayor and the City Council, if the City Council so desires, to present a project progress report that details that progress which has been made across the City with specific information relating to projects occurring east of 72nd Street and answer any questions they may have. b. Then after the progress report detailed in Section 2.a., the Chamber shall provide a certification of expenditures for approved activities to the City Finance Director and such quarterly progress payment shall be released within two weeks after approval by the Finance Director. 3. The City agrees to meet and make itself available for the Chamber and new businesses, current businesses, entrepreneurs or others to discuss the potential economic development tools available to the City, which may include, but are not limited to: a. Tax Increment Financing; b. Community Development Block Grant Funding; c. Staff assistance from the Mayor's Office, Planning Department, Public Works Department, etc.; d. Brownfield funds available through the EPA or funds available through the NDEQ; e. Other Federal programs; f. Other tools existing under Nebraska Law; and, g. To support legislation, if introduced, to give cities of the metropolitan class more tools for economic development, h. To incorporate shovel-ready industrial site development, when feasible, into the City's planning and budgeting process for sites located in the city limits. II. DUTIES OF THE 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 that is funded by"Prosper Omaha 2.0" -2 - (b) Comply with all federal, state, and local requirements for the use of public moneys. (c) Recruit businesses, work with existing businesses and facilitate start-up entrepreneurs to locate within the City of Omaha. As part of that effort, the Chamber will include as part of its program of work, specific initiatives to work on bringing development to industrial properties from Harrison Street to Mormon Bridge Road east of 72nd Street to address declining tax bases and jobs in that critical geography of the City. (d) 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. This excludes confidential client files, personnel records and other Chamber information not related to this contract. Such records and accounts shall be retained for five (5) years from the completion of the tasks of this Contract. (e) 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 and Prosper Omaha. 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 15t1i day of the month following completion of the calendar quarter (April, July, October, January). Representatives of the Chamber shall meet with the Mayor and the City Council, if desired, to discuss this report as detailed above. (f) 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. (g) 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. - 3 - 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: (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 - 4 - 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 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. NEW EMPLOYEE STATUS VERIFICATION The Chamber agrees to utilize a system approved by the U.S. Department of Homeland Security or other federal agency for use by private employers to verify that employees who are newly hired by the Chamber during the term of this agreement are lawfully present in the United States. 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 provisions 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: - 5 - A. Finance Director B. Veta Jeffery City of Omaha President& CEO Omaha/Douglas Civic Center Greater Omaha Chamber of Commerce 1819 Farnam Street 808 Conagra Dr., Ste. 400 Omaha,Nebraska 68183 Omaha,Nebraska 68102 (402) 444-5417 FAX (402) 546-1150 (402) 346-5000 FAX (402) 346-7050 EXECUTED this t ,`A. day of ,e:7 t" , 2022. ATTEST: GREATER OMAHA MBER OF COMMERCE EXECUTED this J I day of C , 2022. ATTEST: CITY OF OMAHA, a Municipal Corporation B CITY CLERK, CIT,. • ' OMAHA MAYOR, CITY OF OMAHA APPROVED AS TO FORM: /0 6 2Z DEPUTY CITY ATTO - 6 - GREATER OA. October 3, 2022 CHAMBER The Honorable Jean Stothert Mayor City of Omaha 1819 Farnam Street Omaha, Nebraska 68183 Dear Mayor Stothert: This letter serves as the official request for City funding and an outline for an agreement between the City of Omaha and the Greater Omaha Chamber of Commerce relative to the provision of City funds toward the Greater Omaha Economic Development Partnership for 2023 through Prosper Omaha. Prosper Omaha 2.0 is the funding program for economic development activities at the Greater Omaha Chamber. Through Prosper Omaha 2.0, the Greater Omaha Economic Development Partnership is implementing an intensive, expanded regional economic development program that includes: creating, growing, and recruiting businesses and jobs, establishing a well- recognized brand and image, creating a business climate that is conducive to growth, and retaining and recruiting the workforce of the future. Funds have been requested through the City of Omaha in the amount of forty-three thousand seven hundred and fifty dollars ($43,750) per quarter for an annual investment of one-hundred seventy-five thousand dollars ($175,000). Funds will be dispersed in accordance with the provisions of Section 13-315 of the Nebraska State Statutes, which 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, village, or county for certain purposes relating to "encouraging migration, new industries and investment." Enclosed you will find a copy of the 2023 Prosper Omaha Budget and the Equal Opportunity Clause "Exhibit B" per the City's agreement. Please note the 2023 Prosper 2.0 budget will not be submitted or approved by the Chamber's board of directors until December 2022. Should you have any questions regarding this investment, please do not have any hesitation to contact me directly at 402-346-5297. Again, many thanks for your leadership and financial commitment toward Prosper Omaha. The Chamber is very appreciative of the City's support of this program. r Respectfully su mitted, `. Ue1 as Jeffry ,Preside and C 0 cc: Stepp it' urtiss, Finance Director Thomas Warren, Chief of Staff Jacquelyn Morrison, Deputy Chief of Staff for Economic Development Marco Floreani, Deputy Chief of Staff for Economic Development 808 C;onagra Dr.,Ste_400,Omaha, NE 68102 1 d02 346 5000 1 Orvta C3 ambg r e COMAHA CHAMBER ECONOMIC DEVELOPMENT PARTNERSHIP 2023 Prosper Omaha Budget Draft* Revenue Contributions 3,648,658 Ticket Sales 36,000 Interest 1,380 Rental Income 26,400 Sponsorships 22,030 Grants 947,500 Service Contracts 752,500 Total Revenue $ 5,434,468 Expenses Salaries 2,669,187 Fringe Benefits 580,450 Office Supplies 8,480 Outside Printing 9,300 Repairs & Maintenance 71,497 Postage 1,612 Travel/Conferences 43,445 Promotion 479,327 Special Projects 100,000 Grants 40,000 Dues & Subscriptions 109,196 Professional & Consulting 408,740 Rent 257,655 Occupancy 612,000 " Telephone 25,328 Miscellaneous 3,250 J ' Total Expenses $ 5,419,468 Excess (Deficit) Revenue/Expenses $ 15,000 *The 2023 Prosper Omaha program budget will not be approved by the board of directors until December 2022. This is a preliminary version. Rf1R rir ctF+ Ann r m.ha NNF f:R1l7 I An?.iAl,-cnnft I esm.i arharnh.r.,n EXHIBIT "B" EQUAL EMPLOYMENT OPPORTUNITY CLAUSE During the performance of this Agreement, "Chamber" agrees as follows: (1) The Chamber shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The Chamber shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, sexual orientation, gender identity, or national origin. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited, whether by advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Chamber 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 Chamber shall, in all solicitations or advertisements for employees placed by or on behalf of the Chamber, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, sexual orientation, gender identity, or national origin, age, disability. (3) The Chamber shall send to each representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or workers' representative of the Chamber'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 Chamber shall furnish to the human rights and relations director all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, including the information required by sections 10-192 to 10- 194, inclusive, and shall permit reasonable access to his records. Records accessible to the human rights and relations director shall be those which are related to paragraphs (1)through (7) of this subsection and only after reasonable notice is given the Chamber. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. (5) The Chamber 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 Chamber becomes involved in or is threatened with litigation as the result of such directions by the city, the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate the provisions of this division; and, in the case of contracts receiving federal assistance, the Chamber or the city may request the United States to enter into such litigation to protect the interests of the United States. (6) The Chamber shall file and shall cause his subcontractors, if any, to file compliance reports with the Chamber 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 human rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Chamber and his subcontractors. (7) The Chamber 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.