RES 1999-2731 - Agmt with Greater Omaha Chamber of Commerce and Metropolitan Omaha Convention Sports and Entertainment Authority for public arena/convention center facility 1
AGREEMENT
THIS AGREEMENT 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," and the Metropolitan Omaha Convention
Sports and Entertainment Authority ("MOCSEA") a Nebraska non-profit corporation established
to study and implement a convention center/arena project in the Metropolitan Omaha area.
RECITALS
WHEREAS, the Chamber and MOCSEA wish to assist in facilitating private funding for
the effort to develop an arena facility as part of a public arena/convention center facility (the
"Project.")
WHEREAS,the Omaha City Council is considering an ordinance (the "Ordinance")to
create an interim authority (the "Interim Authority") to complete the initial development of this
Project.
WHEREAS, the Omaha City Council is concurrently considering an ordinance to place
on the public ballot in May 2000 (the "Election") the creation of a Permanent Authority to
operate the City's public events facilities.
IN CONSIDERATION OF THESE PREMISES, AND INTENDING TO BE LEGALLY
BOUND HEREBY, THE PARTIES AGREE AS FOLLOWS:
1. GENERAL
1.1 Terms defined in the Ordinance creating the Interim Authority and the Permanent
Authority shall have the same meanings when used in this Agreement.
2. OBLIGATIONS OF THE CITY
2.1 The City shall establish a separate account for the Interim Authority of One
Million Five Hundred Thousand dollars ($1,500,000), exclusive of City staff
costs, for the purpose of implementing and funding the Interim Authority and its
activities. Such funds shall match private sector funds provided pursuant to
Section 3 below.
2.2 The Interim Authority shall complete the development program of the Project in
accordance with the terms of the Ordinance, shall cooperate in the application to
the State of Nebraska for funding pursuant to the Convention Center Facility
Financing Assistance Act, and cooperate in placing on the May 9, 2000, City of
Omaha ballot the question of creating a Metropolitan Entertainment and
Convention Authority and the question of whether to issue city general obligation
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bonds to partially fund the Project.
2.3 It is contemplated by the parties that the additional private sector contribution in
support of and payment for the Project will include the sale, lease and license of
naming and signage rights for the Project and all of its components (including but
not limited to building, plazas, ballrooms and meeting rooms.)
3. OBLIGATIONS OF CHAMBER
3.1 The Chamber and/or MOCSEA shall be responsible for the securing of private
funding for the administration and implementation of the Project undertaken by
the Interim Authority. The Chamber's duties shall include, but not be limited to,
the following activities:
3.1.1 Establish accounts of not less than $1,500,000 concurrent with receipt of
matching funds from the City of Omaha pursuant to Section 2.
3.1.2 Funds in these accounts may be used solely for the operation of the Interim
Authority or direct promotion of the Project. Such funds shall match the city
expenditures on an equal basis.
3.2 The Chamber may elect to establish a separate fund which shall be designated as a
"Public Awareness Campaign" Fund, and whose funds shall be used primarily for
the purpose of fostering public awareness of the issues which will be voted upon
at the May 9, 2000, election. All money deposited into such Fund shall count
towards the Chamber's "matching fund" requirement, Section 3.1.2. Such money •
is deemed by the parties not to constitute consideration for this contract and that
damages for recision shall be limited to actual expenditures for Project
development.
4. MUTUAL OBLIGATIONS
4.1 Each party shall maintain such records and accounts, including property,
personnel, and financial records, as are deemed necessary to assure a proper
accounting for its contract expenditures. Any authorized representative of either
party shall have access upon reasonable request during normal business hours to
any books, documents, papers and records of the other party which directly relate
to this Agreement 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 Agreement.
5. TERM
5.1 This Agreement shall be in full force and effect from the effective date of the City
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Council resolution approving this Agreement 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.
6. GENERAL CONTRACT PROVISIONS
6.1 EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
Annexed hereto as Exhibit "B" and made a part hereof by reference are the
equal employment provisions of this Agreement. Refusal by the Chamber, or any
group or association receiving funds subject to this Agreement, to comply with
these provisions as therein stated and described will subject the offending party on
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.
6.2 NONDISCRIMINATION
The Chamber 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.
6.4 APPLICABLE LAW
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 Chamber or MOCSEA will render the contract voidable by the Mayor or the
Council.
6.6 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 Agreement 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 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.
6.7 ASSIGNMENT
The Chamber may assign all or portions of its rights and responsibilities
under this Agreement to such other private, not for profit organization as it may
reasonably determine is appropriate to facilitate the goals of this Agreement and
the completion of the Project. Such assignment shall be subject to approval by the
City Council, which approval shall not be unreasonably withheld.
6.8 CODE PROVISIONS
During the term of this Agreement, the Chamber and MOCSEA shall be
familiar with and expressly follow the provisions of section 10-162 of the Omaha
Municipal Code, which is incorporated herein by reference.
6.9 AUTHORIZED REPRESENTATIVE
For the purposes of notice, including legal service of process, during the
term of this Agreement and for the period of any applicable statute or limitations
thereafter, the following named individuals, or their successors in office, shall be
the authorized representative of the parties:
Louis A. D'Ercole, Finance Director City of Omaha
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,NE 68183
(402)444-5415 FAX (402)444-5423
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C.R. 'Bob" Bell, President
Greater Omaha Chamber of Commerce
1301 Harney Street
Omaha,NE 68102-1804
(402) 346-5000 FAX (402) 346-7050
Metropolitan Omaha Convention Sports and Entertainment Authority,
a Nebraska Nonprofit Corporation
do AON Insurance
ATTN: Jack Diesing, Jr.
11213 Davenport Street, Ste. 200
Omaha,NE 68154
(402) 697-1400
GREATER MA E OF COMMERCE
By
ATTEST:
METROPOLITAN OMAHA CONVENTION SPORTS AND ENTERTAINMENT
AUTHORITY, a Nebraska Nonprofit Corporation
By
AT'I EST:
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CITY OF Old AHA Municipal Corporation By , _ .WY/,
Mayor, City of Omaha
Y
ATTEST: , •
4. :2*,
y Clerk
APPROVED S TO RM:
Ass's City Atto ey
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CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr 19
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City Council has passed an ordinance to place on the public ballot-in May
2000 the creation of a permanent Metropolitan Entertainment and Convention Authority(`MECA");
and,
WHEREAS, the City Council has established, as a part of said ordinance, an Interim
Metropolitan Entertainment and Convention Authority("Interim Authority"); and,
WHEREAS, the City of Omaha, the Greater Omaha Chamber of Commerce and the
Metropolitan Omaha Convention, Sports and Entertainment Authority("MOCSEA")desire to enter
into an agreement to establish an account to partially fund the development of a public
arena/convention center facility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
THAT, the Mayor is authorized to execute, and the City Clerk to attest, the attached
Agreement among the City of Omaha, the Greater Omaha Chamber of Commerce and the
Metropolitan Omaha Convention Sports and Entertainment Authority to establish an account using
One Million Five Hundred Thousand Dollars ($1,500,000.00) of City funds and up to One Million
Five Hundred Thousand Dollars ($1,500,000.00) of private funds to partially fund the development
of a public arena/convention center facility. Funding shall be from the Arena/Convention Center
Account, Fund 331.
APPROVED AS TO FORM:
iC O E
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By 62tI4
Councilmember
Adopted
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