RES 2014-0051 - Interlocal Agmt with Douglas County - OCVB lT ,
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City of Omaha ! Paul D. Kratz
Jean Stothert,Mayor City Attorney
Honorable President
and Members of the City Council,
Attached at the request of the Mayor is a Resolution to approve an extension to the existing
Interlocal Agreement between the City and Douglas County regarding the Omaha Convention and
Visitors Bureau. The Interlocal Agreement expired on December 31,2013,and this extension would
be for two (2) months up to February 28, 2014, to allow the parties to explore all options for the
CVB. All other terms of the Interlocal Agreement will remain in full force and effect, including the
funding provisions.
Respectfully submitted,
Michelle Peters
Assistant City Attorney
P\LAW-CITY COUNCIL DOCUMENTS\2013\30154d1m
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the City of Omaha and Douglas County have previously entered into an
Interlocal Agreement regarding the Greater Omaha Convention and Visitors Bureau; and,
WHEREAS, that Interlocal Agreement expired on December 31, 2013; and,
WHEREAS, the City and County desire to enter into an extension of the Interlocal
Agreement for two (2) months through and including February 28, 2014; and,
WHEREAS,all the terms and conditions,including funding,shall remain in full force
and effect; and,
WHEREAS, it is in the best interests of the City to enter into this Agreement.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, an Agreement to extend the Interlocal
Agreement between the City of Omaha and Douglas County regarding the Omaha Convention and
Visitors Bureau for two (2) months, up to and including February 28, 2014, is hereby approved.
APPROVED AS TO FORM:
ASSIS ANT CITY ATTORNEY DATE
P\LAW-CITY COUNCIL DOCUMENTS\2013\30155dIm
By /141 '�""'�
Councilmember
Adopted BAN 7 2014 ' "L"'
/440
Ci Clrk //9//�
Approved
Mayor
AGREEMENT
This Agreement is made and entered into, as of the dates indicated below, by and
between the City of Omaha, Nebraska, a Municipal Corporation of the State of Nebraska,
hereinafter referred to as "City" and the County of Douglas, Nebraska, a body corporate and
politic, hereinafter referred to as "County."
WHEREAS, the City and County previously entered into an Interlocal Agreement for
the purpose of transferring the Greater Omaha Convention and Visitors Bureau (GOCVB) and
administration of the Visitors Promotion Fund to the control of the City, while the County
maintained responsibility for the administration of the County Visitors Improvement Fund; and,
WHEREAS, a copy of said Interlocal Agreement is attached hereto as Exhibit A and
incorporated herein by this reference; and
WHEREAS, the parties wish to continue the GOCVB arrangement as set forth in Exhibit
A, through February 28, 2014.
NOW, THEREFORE, BE IT RESOLVED THAT the County and City agree as follows:
1. The GOCVB arrangement that is set forth in Exhibit A shall be extended through and
including February 28, 2014. The Agreement will automatically terminate at the end of this
extended term.
2. All other terms of the Interlocal Agreement, not otherwise inconsistent herewith, shall
remain in full force and effect.
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EXECUTED by the City of Omaha this 9 day of January, 2014.
ATTEST: By:
City Clerk Jean Stothert, Mayor
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EXECUTED by Douglas County this i day of January, 2014.
By:
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County Clerk //' C air, B ard of CoUnty Co ssioners
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APPROVED AS TO FORM: APPROVED AS TO FORM:
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RATED raaaA5°4 Telefax(402)444-5125
City of Omaha CITY CLERK Paul D.Kratz
Jim Suttle,Mayor OH A H A. NE E R A.S,<:- City Attorney
Honorable President
and Members of the City Council,
Attached is a Resolution made at the request of the Mayor to approve an Addendum to the Interlocal
Agreement between the City and Douglas County regarding the Omaha Convention and Visitors
Bureau. The Addendum extends the Agreement,which is set to expire December 31,2012,for one
year to December 31,2013. All terms regarding funding remain in full force and effect.
Respectfully submitted,
Michelle Peters
Assistant City Attorney
P\LAW-CITY COUNCIL DOCUMENTS\2012\30190d1m
EXHIBIT
A
[xhibi-- A,
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INTERLOCAL AGREEMENT
THIS AGREEMENT made and entered into, as of the dates indicated below, by and -
between the City of Omaha, Nebraska, a Municipal Corporation of the State of Nebraska,
hereinafter referred to as"City" and County of Douglas, Nebraska, a body corporate and politic,
hereinafter referred to as "County?'
WHEREAS, the City owns various convention and tourism sites and attractions
including; but not limited to the CenturyLink Convention Center Omaha..the Omaha Hilton
Hotel, the Lewis and Clark. Landing, the TD Ameritrade Stadium, the Orpheum Theatre, the
Holland Center; and in addition the City contributes tax dollars to support the Omaha Henry
Doorly Zoo and the Old Market,and
WHEREAS, the City issued approximately $500,000,000.00 in tax exempt bonds to
construct and/or renovate tourism facilities,including the following
• Convention center and arena--$198,000.400
• Omaha Hilton.Hotel -- $147,000,000
•
• TD Ameritrade Baseball Stadium-- $125,000,000; and
• WHEREAS, the County established a Greater Omaha Convention and Visitors Bureau.
(OOCVB)pursuant to the Nebraska Visitors Development Act and in 2002 transferred the duties
and functions of the GOCVB to the City; and,
WHEREAS,the City then established a Convention and Tourism Department to promote
the use of convention facilities of the City, attraction of visitors to the City,and marketing of the
resources and advantages of the City as well as those of all of Douglas County and its facilities
- and attractions pursuant to agreement with other governnmental entities;and,
WHEREAS, pursuant to the Nebraska Visitors Development Act, the County receives
hotel/motel tax, 2% of which is the Visitors Promotion Fund to be used generally to promote,
encourage, and attract visitors to come to the county and use the travel and tourism facilities
within the county, and 2% of which is the Visitors Improvement Fund to be used for grants for
expanding and improving facilities at any existing visitor attraction,all of which is administered
by the County Board of Commissioners with input from a visitors committee; and,
WHEREAS, the City collects an occupational tax from tourism related activities which
are allocated to the Convention and Tourism Department as determined by the Mayor and the
Omaha City Council;and.
WHEREAS, the City and County jointly have a vital interest in promoting conventions
and visitors to the city and surrounding areas and attractions within the county; and,
WHEREAS, pursuant to the extension of the Interlocal agreement which expires on
December 31, 2012, over the past.ten years, the City and County have cooperated to promote
such tourism and visitation and desire to continue to cooperate jointly for their mutual benefit.
•
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. PURPOSE
The purpose of this Interlocal Agreement is to continue the parties'joint cooperation in
creating new tourism.revenue through promotional sales and advertising in Omaha and in
Douglas County and any other nearby (or local) county or city that may chose to join this
interlocal effort, Further, 'this Agreement is to establish the framework for the funding and
staffing of this interlocal effort. Specifically, the intention of this Agreement is to continue.the
duties and functions of the Omaha Convention and Visitors Bureau (OCVB), along with.
continued funding outlined in the Nebraska Visitors Development Act, which is derived from
• State's hotel/motel tax.,for the next one(1)year..
• This agreement does not create a separate legal entity, but rather,provides for the City to
• exercise jointly•with the County the administration of the funds derived from the Nebraska
Visitors Development Act by transferring the.administration of the Visitors Promotion Fund to
the control of the City.
It is the City's desire to reformulate the Convention and Tourism Department into a
separate non-profit entity,preferably by or.before December 31, ,2013. The parties will continue
to jointly explore this option during the term of this Agreement.
I.I. TERM •
The duties and obligations hereunder shall commence on•the date last written below and
shall have a duration of one (1.) year. At the end of the term the parties shall reassess the
arrangement and may enter into another agreement. At the end of the term, either party may
• terminate this Agreement by giving the other party written notice at least six months prior to the
end of the term. It is the City's desire to reformulate the Convention and Tourism Department
into a separate non-profit entity,by or before December 31,2013.
•
• Eli. ORGANIZATION
A. The Omaha Convention and Visitors Bureau (OCVB) shall be operated as a
department of the City.of Omaha and as otherwise established and defined by the Omaha Home
Rule Charter.
•
13. The City has created a Visitors Advisory Board pursuant to section 4.10 of the Omaha
Home Rule. Charter and the Nebraska Visitors Development.Act to advise the Department. The
Board consists of seven (7) individual members. 'six of whom shell be appointed by the Mayor
and confirmed by the City Council and one member who shall be a Douglas County
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Commissioner appointed by the County.Board. The Advisory Board shall have representation of
a local attraction,
C. The duty of the OCVB will be to create new tourism revenue through promotional
sales and advertising in Omaha and Douglas County. It will have the same power and authority
as any other department of the City of Omaha and may assume other duties as appropriate from
time to time.
IV. DUTIES OF COUNTY
The County shall perform the following duties:
A, Support the Department and Board by appointing a County Commissioner to the
Board and by vesting the OCVB with authority to conduct day-to-day operations.
B. Transfer on a monthly basis, or other appropriate periodic basis not less
frequently than monthly, the entire proceeds received to the Douglas County Visitors Promotion•
Fund, as outlined in the Nebraska Visitors Development Act,to the City for funding of this joint
enterprise.
• - C. Lend to the City of the former employees of the GOCVB in the manner more
fully set forth below.
D. Assign to the. City all contracts and agreements, excluding labor agreements,
relating to the GOCVB in effect at the time of transfer of duties and functions in 2002,
V. DUTIES OF THE CITY
The City shall perform the following duties: •
A. Support the Department by vesting the Department with authority to conduct day-
to-day operations:
B. Receive and allocate the funds from the Visitors Promotion.Fund and use the
entire proceeds to fund the Department as a department of the City of Omaha. •
C. City will provide one-half percent (.5%) of the five and one-half percent (5.5%)
hotel/motel tax proceeds to fund the CVB (Estimated 2013 proceeds to CVB is$700,000).
D. City will provide an additional $500,000 annually to fund the operation of the
CVB.
E. Oversee and conduct the day-to-day o erations to achieve thejoint
y Y p purposes as set
forth herein.
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F. Submit to Douglas County and the Mayor of Omaha quarterly productivity
reports.
VI. EMPLOYEES
City shall, throughout the duration of this Agreement. engage a permanent Department
Director. The City shall have authority to hire such employees as it deems necessary in order to
operate the Department and provide the services required hereunder. In addition to employees
hired by the City, as of the effective date of the parties' prior agreement, all County employees
employed in the then existingOOCV.B-were assigned by the County to provide their services to
the City and its Department. These "loaned employees" shall continue to have the same rights
and benefits that they had before the transfer to the GOCVB and Department. By this, it is
meant that such employees will be paid at their GOCVB salary, shall be subject to the
disciplinary and grievance procedures of their County job, shall receive the same benefits and
co-pay for benefits existing in their County job, shall preserve and accrue seniority and in ail
respects shall remain employees of the County. The only change will be that as "loaned
employees,"their direct,daily supervision will be provided by the City, -
VI. FACILITIES AND,EQUIPMENT
As of the effective date of the parties' original Agreement, i.e., March 2$, 2002, the
County transferred, and City accepted, all equipment and facilities wherever located, then used
by the GOCVB for use by the Department for purposes of this Agreement. County desires to
continue such transfer of equipment to City throughout the duration of this Agreement,provided
. that in the event this Agreement is terminated prior to its expiration date such transfer shall
terminate. Maintenance and replacement of theequipment shall be the responsibility of the City
during the period of this Agreement. At the termination of the Agreement, all equipment and
facilities shall revert to the County except such equipment purchased by City with funds other
than from the Visitors Promotion Fund.
VII. APPLICABLE LAW
The parties to this Agreement shall conform to all existing and applicable ditty ordinances,
state statutes and federal laws and existing rules and regulations; Nebraska law will govern the
terms and performance under this Agreement.
VIII.. INTEREST OF CITY
Pursuant to the provisions of Section 8.05 of the Home Rule Charter,the City of Omaha,
1956, as amended, 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 that section shall
render the Agreement voidable by the Mayor or City Council.
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TX. MERGER OR MODIFICATION
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 and no representations
were made or relied upon by either party other than those that are expressly set forth herein. No
agent, employee or representative of either party is empowered to alter any of the terms hereof
unless done on writing,agreed to and signed by an authorized officer of the respective parties,
X. - ASSIGNMENT
This Agreement may tot be assigned without the express written prior consent of the
parties.
XL NON-DISCRIMINATION
Both Parties agree That in accordance with the Nebraska Fair Employment Practice Act,
Neb.Rev.Stat. §48-1122, they will not discriminate against any employee or applicant. for
employment,to be employed in the performance of this Agreement, with respect to hire, tenure,
• terms, conditions, or privileges of employment. because of the race, color, religions sea, • -
disability, political or religious opinions, affiliations or national origin of the employee or
• applicant. None of the Parties shall, in the performance of this Agreement, discriminate or
permit discrimination in violation of federal or state laws or local ordinances.
XII. PUBLIC EMPLOYER CONTRACT PROVISIONS
Pursuant to and in order to be in compliance with Neb.Rev.Stat; §4-114(2), both Parties
hereby agree to use a federal immigration verification system to determine the work eligibility
•
status of new employees physically performing services within the State of Nebraska. A federal •
itnnaigration verification system means the electronic verification of the work authorization
program authorized by the Illegal Immigration Reform and Immigrant. Responsibility Act of
1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program
designated by the United States Department of Homeland Security or other federal agency •
authorized to verify the work eligibility status of a newly hired employee.
•
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IN WITNESS HEREOF. THE PARTIES HAVE AGREED TO THE ABOVE AS OF
THE DATES INDICATED.
i'' 74T
EXECUTED by the City.of Omaha this Ly day of !Ater-0/14w-- ,2012.
ATTEST: By:
.-----itilaL-- ,-
,ty Clerk
ji/‘ e, •- or
1 i ,41
EXECUTED by Douglas County this /i --d.ay of. . Cann 441 ,2012.
T .SBy:
Count lerk Chan,Board of C lty C ntnissioners
APPROVED AS TO FORM- --) APPROVED AS TO FORM:
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ity A orney
II
County Attorney
I 2 tel2Interlocal.8
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=sA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the City of Omaha and Douglas County have previously entered into an
Interlocal Agreement regarding the Greater Omaha Convention and Visitors Bureau;and,
WHEREAS,that Interlocal Agreement is due to expire on December 31,2012;and,
WHEREAS,the City and County desire to extend that Interlocal Agreement for one
year through and including December 31,2013;and,
WHEREAS, all the terms and conditions, as amended, including funding, shall
remain in full force and effect during the extension period;and,
WHEREAS,it is in the best interests of the City to extend this Agreement.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,as recommended by the Mayor,the Addendum to the Interlocal Agreement
between the City of Omaha and Douglas County extending the Agreement regarding the Omaha
Convention and Visitors Bureau for one year,up to and including December 31,2013,is hereby
confirmed and approved.
APPROVED AS TO FORM:
/1
ASSISTANT CITY ATTORNEY DATE
P\LAW-CITY COUNCIL DOCUMENTS\2012\30191dim
By.. ul ilmember
Adopted DEC 1 1 2
y < sgeity Clerk 14 13I/2_—
Approved 01
Mayor
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Resolution No: 9
ADOPTED: January 7, 2014
BOARD OF COUNTY COMMISSIONERS
Douglas County Nebraska
Resolved
WHEREAS,the City of Omaha and Douglas County previously entered into an
Interlocal Agreement for the purpose of transferring the Greater Omaha Convention and
Visitors Bureau(GOCVB) and administration of the Visitors Promotion Fund to the
control of the City, while the County maintained responsibility for the administration of
the County Visitors Improvement Fund; and
WHEREAS,the Interlocal Agreement expired on December 31, 2013; and
WHEREAS,the City and County wish to continue the GOCVB arrangement
through and including February 28, 2014, as reflected in the attached Agreement,
incorporated herein by reference.
NOW,THEREFORE,BE IT RESOLVED BY THIS BOARD OF COUNTY
COMMISSIONERS,DOUGLAS COUNTY,NEBRASKA,that this Board hereby
adopts and approves the attached Agreement and hereby authorizes and directs its Chair
to execute the Agreement on behalf of Douglas County.
DATED this 7th day of January, 2014.
Motion by Tusa, second by Rodgers to approve. I move the adoption of the resolution.
Adopted: January 7, 2014 O
Yeas: Duda, Kraft, Morgan,Rodgers,Tusa, Borgeson ly
Absent: Boyle d
(CERTIFIED COPY) o
Aitij AA
}1 asl' .-. N N
Thomas F. Cavanaugh
Douglas County Clerk
LQui
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NO.
Resolution by
Res. that, as recommended by the Mayor, an
Agreement to extend the Interlocal Agreement
between the City of Omaha and Douglas
County regarding the Omaha Convention and
Visitors Bureau for two (2) months, up to and
including February 28, 2014 is hereby
approved.
P\LAW-CITY COUNCIL DOCUMENTS\2013\30155dIm
Presented to City Council
JAN 7 2014
Adopted o
&ter grown
City Clerk