RES 1999-0372 - Agmt with John B Ashford for lobbying efforts for public convention center and sports arena 4 ��`;1►����' Law Department
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TED FEBR�
City of Omaha Paul D.Kratz
Hal Daub,Mayor
City Attorney
Honorable President
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and Members of the City Council,
The purpose of the attached Resolution is to approve an agreement with John B. Ashford for
professional services in connection with coordinating the lobbying efforts for the creation,
development, construction and operation of a convention center and sports arena in the Omaha
metropolitan area.
Respectfully s bmitted,
,. .r: 7
Ro ert J. Hamer
Assistant City Attorney
Approved as to funding: Referred for Consideration
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OM* Ss 2. ate 7
Louis A. D'Ercole, Director 0 Date Mayor's Office/Title t
Finance Department
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this l/7f day of February, 1999,by and
between the City of Omaha, a municipal corporation located at 1819 Farnam Street, Omaha, in
Douglas County,Nebraska(hereinafter referred to as the"City"),and John B.Ashford, 1012 Howard
Street, Omaha, Nebraska, 68102 (hereinafter referred to as the "Consultant"), on the terms,
conditions and provisions as set forth hereinbelow.
The City and Consultant agree as set forth below:
I. PROJECT NAME AND DESCRIPTION
Legislative Coordinator for Convention Center and Sports Arena matters.
Consultant will provide coordination of legislative lobbying services in the Nebraska
Unicameral pertaining to the creation, development, construction and operation of a public
convention center and sports arena for the metropolitan Omaha area'(LB 382) and any related
legislative bills. Such services shall commence on February 10, 1999 and shall be completed on or
before the last day of such legislative session, ie., on or about May 31, 1999.
H. DUTIES OF CONSULTANT
A. Consultant will,during the remainder of the First Session of the 96th Legislature of
the State of Nebraska, as directed by the Mayor and Council and in a timely fashion, monitor
legislative committee hearings and legislative floor debate on any legislative bills pertaining to the
creation,development,construction and operation of a public convention center and sports arena for
the metropolitan Omaha area (LB 382) and any related legislative bills; meet with senators and
members of their staffs, City officials, its employees and agents, public officials and private
individuals supporting or opposing the development, construction and operation of a public
convention center and sports arena for the metropolitan Omaha area; assist as needed in developing
amendments to introduced legislative bills pertaining to the creation,development,construction and
operation of a public convention center and sports arena for the metropolitan Omaha area and any
related legislative bills; provide oral and/or written status/activity reports at least weekly to the
Mayor and City Council President; and, become familiar with and knowledgeable about statutes
pertaining to unlawful lobbying activities and to, in the performance of the services required
hereunder,conduct himself lawfully and in accordance with such statutes; and, become familiar and
knowledgeable regarding legislative bills, amendments, studies, and proposals concerning the
creation, development, construction and operation of public convention centers and sports arenas.
Consultant agrees to maintain records and accounts, including personnel, financial
and property records, sufficient to identify and account for all costs pertaining to the project and
certain other records as may be required by the City to assure a proper accounting for all project
funds. These records shall be made available to the City for audit purposes and shall be retained for
a period of two years after the expiration of this agreement.
Consultant acknowledges that the image and reputation of the City can be affected
negatively by his comments,behavior,manner, and conduct and agrees, in performing the services
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required hereunder,to conduct himself in a manner which is neither detrimental to the best interests
of the City nor offensive to the general public and will not bring ill will or disrepute upon the City.
III. DUTIES OF CITY
A. City designates the Mayor as its contact person for this project, who shall
provide such oral and written authorizations as are necessary to commence or proceed with
the project and various aspects of it.
City agrees to assist Consultant by providing office space,secretarial services
and postage for correspondence and mailings related to the project.
City agrees to require its employees to meet with Consultant to develop
strategies, discuss proposals and amendments.
IV. COMPENSATION AND PAYMENT
A. Consultant shall be paid$5,000.00 per month for the professional lobbying
services detailed hereinabove. Payment shall be made on the regular payday for City employees.
B. Reimbursable expenses,including,but not limited to,mileage shall be billed
to the City by the Consultant at actual cost. Detailed itemization of such expense shall be made
available to the City upon request. In no event shall such expenses exceed$500.00 without the prior
written approval of the City.
V. OWNERSHIP
All finished or unfinished bills,amendments,revisions,reports and other such work product
and documents, data surveys, studies, drawings, maps, models,reports or photographs drafted and
produced by Consultant in performing the services hereunder shall be and become the property of
the City.
No additional compensation shall be due the Consultant from the City for use of such
documents.
VI. PERSONAL SERVICES REQUIRED
City requires the personal services, skills, and expertise of Consultant and those of another
may not be substituted without the express prior written consent of the City. In addition, City shall
have prior written approval of any persons Consultant may engage to assist him in performing the
services required of Consultant hereunder. In no event shall City be responsible for compensation
or payment, if any,to such persons.
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VII. ADDITIONAL SERVICES
In the event additional services for the aforementioned project not covered under this
agreement are required,Consultant agrees to provide such services at a mutually agreed upon cost.
VIII. INDEMNIFICATION
(1) To the fullest extent.permitted by law, the Consultant shall indemnify and hold
harmless the City, its agents and employees, their successors and assigns, individually and
collectively, from and against all claims, suits, damages, fines, losses and expenses, including but
not limited to attorneys' fees, arising out of or resulting from the provision of services under this
agreement, provided that such claim, suit, damage, fine, loss or expense is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction of tangible property including loss
of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or
omissions of the Consultant,anyone directly or indirectly employed by it, or anyone for whose acts
it may be liable,regardless of whether or not such claim,suit,damage,fine,loss or expense is caused
in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge,
or reduce other rights or obligations of indemnity, which would otherwise exist as to a party or
person described in this paragraph.
(2) In claims against any person or entity indemnified under this paragraph by an
employee of the Consultant,anyone directly or indirectly employed by it, or anyone for whose acts
it may be liable, the indemnification obligation under this paragraph shall not be limited by a
limitation on amount or type of damages, compensation or benefits payable by or for the Consultant
under workers' or workmen's compensation acts, disability benefit acts or other employee benefit
acts.
IX. INDEPENDENT CONTRACTOR
It is understood by and between the Consultant and the City that any and all acts in the
performance of the services required hereunder Consultant shall be undertaken as an independent
contractor and not as an employee of the City. Consultant shall not be entitled to any benefits
provided to officers or employees of the City and Consultant shall have no authority to bind the City
by or with any contract or agreement,nor to impose liability on the City. All acts and contracts of
the Consultant shall be in his own name and not in the name of the City.
Consultant shall be responsible for payment of any applicable federal, state or local taxes.
X. TERMINATION OF AGREEMENT
This agreement maybe terminated with the agreement of the Mayor and City Council upon
written notice to the Consultant of such termination and specifying the effective date at least seven
(7)days prior to the effective date of such termination. In the event of termination, the Consultant
shall be entitled to just and equitable payment for services rendered to the date of termination, and
all finished or unfinished bills, amendments, revisions, reports and other such work product and
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documents,data surveys, studies,drawings, maps, models, reports or photographs shall become, at
the City's option, its property.
XI. GENERAL CONDITIONS
A. Nondiscrimination. Consultant 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.
B. Captions. Captions used in this agreement are for convenience and are not
used in the construction of this agreement.
C. Applicable law. Parties to this agreement shall conform with 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.
D. 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 agreement. Any violation of this section with the knowledge of the person or
corporation contracting with the City shall render the agreement voidable by the Mayor or Council.
E. Interest of the Consultant. The Consultant covenants that he 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; he further covenants that
in the performance of this agreement, no person having any such interest shall be employed.
F. Merger. This agreement shall not be merged into any other oral or written.
agreement, lease or deed of any type. This is the complete and full agreement of the parties.
G. 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.
H. Assignment. The Consultant may not assign its rights under this agreement
without the express prior written consent of the City.
I. 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 authorized representative.
J. Equal employment opportunity clause. Annexed hereto as Exhibit "1" and
made a part hereof by reference are the equal employment provisions of this contract. All reference
in Exhibit "l"to "Contractor" shall mean "Consultant." Refusal by the Consultant to comply with.
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any portion of this program as therein stated and described will subject the offending party to any
or all of the following penalties:
(1) Withholding of all future payments under the involved contracts to the
Consultant in violation until it is determined that the Consultant is in compliance with the provisions
of the contract;
(2) Refusal of all future bids for any contracts with the City or any of its
departments or divisions until such time as the Consultant demonstrates that he has established and
shall carry out the policies of the program as herein outlined.
XII. INVALID PROVISION
In the event that any covenant, condition,or provision herein contained is held to be invalid
by any court of competent jurisdiction,the invalidity of any such covenant, condition, or provision
herein contained shall not affect the validity of the remainder of the covenants, conditions or
provisions of this agreement which shall in all respects remain a legally binding agreement with the
invalid portion being deleted;provided that the validity of any such covenant,condition,or provision
does not materially prejudice either the City or the Consultant in its respective rights and obligations
contained in the valid covenants, conditions, or provisions of this agreement.
EXECUTED this // y of February, 1999.
John B. Ashford, Consultant
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B
itnes (Title)l
EXECUTED this //day of February, 1999.
Attest: CITY OF O i • ' • , a M ipal
Corporatio
By
���' e4<_ Hal Daub,Mayor
APPROVED AS TO FORM:
A si t ity Attorney
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
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Omaha,Nebr 19
RESOLVED BY THE CITY COUNCIL OF THE:CITY OF OMAHA:
WHEREAS, the First Session of the 96th Legislature of the State of Nebraska
convened on January 6, 1999; and,
WHEREAS, LB 382 was introduced pertaining to the creation, development,
construction and operation of a public convention center and sports arena for the metropolitan
Omaha area; and,
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WHEREAS, the City supports such measure and desires to engage a consultant to
closely monitor its progress and coordinate lobbying efforts to enhance its opportunity for passage;
and,
WHEREAS,former Senator John B. Ashford has agreed to perform such consulting
services; and, .
. WHEREAS, attached hereto is an agreement for professional services between the
City of Omaha and John B.Ashford to provide such consulting services; and,
• WHEREAS,.it is in the best interests of the City of Omaha to approve such
agreement; and,
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA: . '
THAT,the attached agreement for professional services between the City of Omaha
and John B.Ashford for the coordination of lobbying efforts in support of the creation,development,
construction and operation of a public convention center and sports arena for the metropolitan
Omaha area is hereby approved.
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By
Councilmember
Adopted
City Clerk
Approved
Mayor
C-25A
CITY OF OMAHA . . •
LEGISLATIVE CHAMBER
• Omaha,Nebr 19
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FURTHER THAT , the Finance Director is authorized to provide the payments as
specified in the agreement in the approximate amount of$20,000 from the Convention Center and
Arena Fund 331.
APPROVED AS TO FORM:
• AITANT CITY ATTORNEY DATE
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By
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Adopted F.).-- 9 1999 • "e)
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