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RES 2012-0072 - Library authorized to purchase materials from Baker and Taylor ell, 215 S.15th St. apa,•N 68102 I TEL 402.444.4800 I FAX 402.444.4504 I omahalibrary.org Omaha VA :;; Public 12 ,�At 12 AEi 8' 46 ij' Library {r� �r y,�'`,„.,,, Open Your World 1' CLEt �`� ` 1114ktiA, 1`l .Eft@,iIk' + GaryWasdin Executive Director Maggie Tarelli•Falcon Assistant Director Honorable President and Members of the City Council, Transmitted herewith is a Resolution authorizing payment to Baker and Taylor in an amount not to exceed $700,000 for library books, materials and publications. Baker and Taylor is a firm which provides unique and non-competitive articles, including library books, publications and materials. In accordance with the provisions of Section 5.16, Home Rule Charter, competitive bidding is not required in purchasing unique or non- competitive articles and the City Council may, by resolution, authorize the Purchasing Division to issue a purchase order for these purchases. The Library Department requests your consideration and approval of this Resolution. Funds in the amount not to exceed $700,000 have been appropriated in the Year 2012, Fund 11111, Organization 117016, Object Code 43416. The Finance Department is authorized to pay the cost from this account. Respectfully submitted, Referred to City Council for Consideration: (\14k___ 12(2�I11 /• �-Zo/ z Gary Wasdin Date Mayor's Office Date Library Director , it /7 (-2r- `' ...;--- /pi-go-1/ 04tria JeiLif fi_l 3 j/c ... Pam Spaccarotella Date Human Rights and Relations Date Finance Director ii Department 10031211w ,..,saes ei„� E&A CONSULTING GROUP,INC. R1 u+* mk I e..xm OAKMONT ENGINEERING•PLANNING•FIELD SERVICES COVER SHEET 2011 PARK IMPROVEMENT PLANS cr•..se. oowuscaxm.,<ews«A NaM,402,. ..,. • ,000.00 and extending the period to September 30, 2012; and, By Councilmember Adopted City Clerk Approved Mayor The recipient shall periodically 'review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item.5(b)and (c) above. (e) Recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at httri://www.dol.cioviesa/contacts/whd/america2.htm e clause set forth in paragraph (b)(2)of this section. (4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(b)(1) through (4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(b)(1)through (4)of this section. (c) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Recipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen,working on the contract. Such records shall contain the name and address of each such employee, social security • number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit, such representatives to interview employees during working hours on the job. 5. Compliance Verification (a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing a)(1). rentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed ontractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Recipient for transmission to • the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska q RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: - WHEREAS, Section 5.16 of the Omaha Home Rule Charter provides that competitive bidding shall not be required in purchasing unique or non-competitive articles, • including library books and publications; and, WHEREAS, the Omaha Public Library frequently orders library books, materials and publications which are unique and non-competitive articles; and, WHEREAS, the Omaha Public Library desires to purchase such products from Baker and Taylor, in an amount not to exceed $700,000 during the period of January 1, 2012 through December 31, 2012; and, WHEREAS,the Mayor has recommended the authorization of this payment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT as recommended by the Mayor, in accordance with Section 5.16 of the Omaha Home Rule Charter, the Omaha Public Library is hereby authorized to purchase unique and non-competitive library books, publications, and materials from Baker and Taylor in an amount not to exceed $700,000 during the period of January 1, 2012 through December 31, 2012 BE IT FURTHER RESOLVED: THAT the Finance Department of the City of Omaha is authorized to pay $700,000 for the cost of the purchases from Year 2012, Fund 11111, Organization 117016, Object Code 43411. APPROVED AS TO FORM: C i 1 F L 10041211w AS ISTAN CITY A ORNEY D T LI)71:6 o ilmem er Adopted J;N..2.:4..20a2.... .... . r. .., ,A? City Clerk//�/'G��/ Approved .....,010,7410-6m Finance Director ii Department 10031211w ,..,saes ei„� E&A CONSULTING GROUP,INC. R1 u+* mk I e..xm OAKMONT ENGINEERING•PLANNING•FIELD SERVICES COVER SHEET 2011 PARK IMPROVEMENT PLANS cr•..se. oowuscaxm.,<ews«A NaM,402,. ..,. • ,000.00 and extending the period to September 30, 2012; and, By Councilmember Adopted City Clerk Approved Mayor The recipient shall periodically 'review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item.5(b)and (c) above. (e) Recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at httri://www.dol.cioviesa/contacts/whd/america2.htm e clause set forth in paragraph (b)(2)of this section. (4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(b)(1) through (4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(b)(1)through (4)of this section. (c) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Recipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen,working on the contract. Such records shall contain the name and address of each such employee, social security • number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Recipient shall insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency)and the Department of Labor, and the contractor or subcontractor will permit, such representatives to interview employees during working hours on the job. 5. Compliance Verification (a)The Recipient shall periodically interview a sufficient number of employees entitled to DB prevailing a)(1). rentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed ontractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the Recipient for transmission to • the EPA, if requested by EPA, the contractor, or the Wage and Hour.Division of the Department of Labor the event Client issues to compensation may be adjusted accordingly. Client agrees to release BMCD a purchase order, no preprinted terms thereon shall become BMCD from all damages related to any pre-existing pollutant, part of this Agreement. Said purchase order documents, whether or contaminant,toxic,or hazardous substance at the site. not signed by BMCD,shall be considered only as an internal document of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses incurred to the date of receipt of notice of termination, plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet unearned and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMCD Consulting T&C KC Rev 0 051104.doc � CD as O 1 3 n •`C O" O n to F N• CAD N• c`r O�• CD CD 0 o• m G. p CD•t CD o cn o coD p p' O 0 '* w`C v' A v' = b ° P O) O• O ,O„a • n • Z L J `C N p. p 0. N n `.Yp I <t •N I. N � N 1N Q1_ 0 - w a 0 O 5N p CD x CD Cn CD o Q.Y' CD n o 0 \f o ° + g & o �T.0 - c • - o .— § pa w e o o § \ § kk .(1.. ( R \ * & & I CD _ . ; CI \ 15.Total EPA Amount Awarded To Date $4,999,056 � ITY COUNCIL DOCUMENTS\2011\30142dIm