RES 2018-1006 - Contract - Greater Omaha Chamber of Commerce - Economic Development Partnership 2019 olvtAHA,N.e•
p� . Finance Department
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Stephen Curtiss
City of Omaha , -f Finance Director
Jean Stothert,Mayor r ""�'
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26 City Comptroller
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Honorable President
and Members of the City Council,
The attached Resolution approves a Contract between the City of Omaha and the Greater •
Omaha Chamber of Commerce. The Contract provides that.the City will pay the Chamber Of
Commerce One Hundred and Seventy-Five Thousand Dollars ($175,000) during 2019 to fund a
portion of the Greater Omaha Economic Development Partnership, more specifically known as
"Prosper Omaha." 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 Keno/Lottery Proceeds 12118, Organization 126028.
The Mayor urges your approval 6f theproposed resolution and agreement.
Respectfully submitted, Referred to City Council of City of Omaha:
rel iti1414. it._______,N---
1 '=n Curtiss b Step" ate Mayor's Office Date
Finance Director
2018\20332se1
City Clerk Office Use Only:
AMP__. Publication Date(if appli bl :
RESOLUTION NO.
Agenda Date: I
Department: s
Submitter: IStierar / ` lagth
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 2019 and to provide payment of one hundred seventy-five
thousand dollars ($175,000) with funding from Keno/Lottery Proceeds 12118, Organization 126028.
ADO FORM:
41/3
DEPUTY CITY ATTORN D TE
2018\20332se1
Adopted: NOV 0 6 2018 Li--o
Attest:
City CI �� //
Approved: „ '�% C —
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 72"d
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 72' 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"
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," the funding mechanism
of the Greater Omaha Economic Development Partnership, as described on Exhibit "A" for the
period beginning 1 January 2019 and ending 31 December 2019.
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 72"d 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"
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(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 15th 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.
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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
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•
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:
A. Finance Director B. David G.Brown
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 O`% day of-r j�ar� ,2018.
ATTEST: GREATER OMAHA CHAMBER 0 COMMERCE
By
E CUTED thi day of I V CVO \f\be ✓ ,2018.
ATTEST: CITY OF OMAHA,a Municipal Corporation
By
Cl CLE Y OF OMAHA MAYOR,CITY OF OMAHA
APPROVED AS TO FORM:
D P CITY ATTORNEY
6-
0
OMAHA
CHAMBER
"EXHIBIT A"
October 15,2018
The Honorable Jean Stothert
Mayor,City of Omaha
Omaha/Douglas Civic Center
1819.Farnam Street
Omaha, NE 68183
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 relative to
the provision of City funds toward the Greater Omaha Economic Development
Partnership for 2019 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 for the future.
)1%2, 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). Since the
launch of the Partnership in 1995,the City's total investment over the past 24 years
(including full payment for 2018), is three million two hundred and eighty-five thousand
dollars($3,285,000).
Funds 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,village or county for certain purposes relating to"encouraging
immigration, new industries and investment"in a city,village or county.
Enclosed you will find a copy of the 2018 Prosper Omaha budget. Please note the
2018 Prosper Omaha budget will not be submitted or approved by the Chamber's
board of directors until December 2018.
808 Conagra Or.,Ste.400,Omaha,NE 68102 1402-346-5000 I OmahaChamber.org
The Honorable Jean Stothert
Mayor,City of Omaha
October 15,2018
Page-2-
Should you have any questions regarding this investment please do not hesitate 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.
. Resp ully sub e
•
avid . rown
President and CEO
Enclosures
cc: Stephen Curtiss, Director, Finance
Marty Bilk, Chief of Staff
Troy Anderson, Deputy Chief of Staff
Kevin Andersen, Deputy Chief of Staff
PROSPER OMAHA
2014-2018
2018 Prosper Omaha Budget
Income •
Contributions $3,805,227
Ticket Sales 12,350
Interest. ,........ ....... ................. ..... ..............................,.,,..,. ,..,........, ,,,,.720
Rental Income • 53,525
Other Sales 0
Sponsorships ... ... ...,......,_:...,.,...,:,.. 370,000
Grants..................... ........,.........:.. ...,.., 704,363
Miscellaneous • 0
Total Income... $4,946,185
Expenses
Salaries...... .:..... ........ .............. .$2,429,037
Fringe Benefits .500,629
OfficeSupplies........ ............................ .... .............................................. 16,728
Outside Printing...,_..,...,.,„........................... ..........................................10,300
.,
Repairs and Maintenance ,.......,, 69,771
Postage................................................ 2,100
Travel and Conferences 116,327
Tuition Expense,....................... . ,. .0
Promotion ............................... 508,997
Special Projects 50,000
Grants 205,000
Dues and Subscriptions.................. 73,923
Professional and Consulting.,,.. 451,951
Occupancy.... , „ .. ..: . ............. ........... 463,400
Telephone_... ...............................................................9,901
Miscellaneous,,........... ...................................................,...,., 23,122
Total Expenses. $4,931,185
Excess(Deficit)Revenue!Expenses.....................,................,...$ 1.5,000
QOMAI-IA
1301 Harney Street I Omaha,Nebraska 68102 I 402.346-5900 + 800-852-2622 1 SelectGreaterOmaha_com
EXHIBIT"B"
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this Agreement, "Chamber" agrees as follows:
(1) 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. 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. 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) Chamber shall, in all solicitations or advertisements for employees placed by or on behalf
of 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) Chamber shall send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding a notice advising the labor
union or worker's representative of 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) Chamber shall furnish to the City. 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
City Contract Compliance Officer shall be those which are related to Paragraphs (1) through (7)
of this Exhibit and only after reasonable advance written notice is given to Chamber. The
purpose for this provision is to provide for investigation to ascertain compliance with the
program provided for herein.
(5) Chamber shall take such actions as the City may reasonably direct as a means of
enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and sanctions
for noncompliance; however, in the event 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
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, Chamber or the City may request the United
States to enter into such litigation to protect the interests of the United States.
(6) Chamber shall file, if any, compliance reports with 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 City Contract Compliance Officer.
Compliance reports filed at such times as directed shall contain information as to the
employment practices, policies, programs and statistics of Chamber.
(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 sub-Chamber or vendor.
NO. Il.
Item Submitted By: Bernard in den Bosch/Sunny LaPuzza
Department: Law
Council Meeting Date: November 6, 2018
Res. that, the Mayor is authorized to sign, and the City Clerk to attest, the Contract between the
City of Omaha and the Greater Omaha Chamber of Commerce for the Greater Omaha
Economic Development Partnership for the year 2019 and to provide payment of $175,000.00
with funding from Keno/Lottery Proceeds 12118, Organization 126028.
45—
Presented to City Council
November 6, 2018
APPROVED 7-0
eltzabeth Nader
City Clerk