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RES 2011-0408 - Agmt with The Graffiti Consultants to overcome gang activity and eliminate graffiti F pviAHA,Nv'd �A�,�4's� ,, Law Department U�►��. v L44,��'lr�� ..al. n Omaha/Douglas las Civic Center g `z + _ '► 1819 Faznam Street,Suite 804 1 i' Ali ' o' l y • 1 1 tiAR 3 3 Omaha,Nebraska 68183-0804 �Aoq 4�ro (402)444-5115 �rFD FEBR�� _' CLERK Telefax(402)444-5125 City of Omaha • 4 � t Paul D.Kratz Jim Suttle,Mayor City Attorney Honorable President and Members of the City Council, The Resolution attached hereto is to approve the Agreement between The Graffiti Consultants, the Deer Park Neighborhood Association, the City of Omaha and Catholic Charities, to implement a comprehensive approach to overcome gang activity and graffiti in our community through a collaborative community-wide effort to enhance and expand the City's efforts with outside expertise and strategic consultation. The Graffiti Consultants will provide training specifically designed to help reach the goal of eliminating graffiti in Omaha and will also provide electronic forms and documents including, spreadsheets, letters, and agendas to assist with the process. The City of Omaha will provide project management and oversight for the proposed plans and recommendations provided by The Graffiti Consultants. Catholic Charities will,provide oversight of the Family Enrichment Gang Awareness Program to facilitate the group outreach and education efforts by meeting individually with parents that are experiencing difficulties with their children in the gang environment, making referrals to other community resources as appropriate, and developing a curriculum for an eight(8)hour gang awareness education program. The cost of services shall be paid out of the 2010-2011 Deer Park Neighborhood Historical.. Grant. The cost of services shall not exceed $44,400.00. Your favorable consideration of this Resolution is respectfully requested. Respectfully submitted, Referred to City Council for Consideration , , --;0`,\. / 3/l( /Zoe/ RoseMarie R. Horvath ' ba Mayor s 4."`"f4?: ,..e; e/T. le Date Assistant City Attorney Approved . 62*,(5,-‘e- -4e---- q.-0,2-9---,r/ Pam Spaccarotella Date Finance Director p:\LAW-COUNCIL DOCUMENTS\2.011\20020vIj executed by all Parties. 2 1756306v2 ITY COUNCIL DOCUMENTS\20I I\30038d1m UCTIBLE 3 RETENTION $ S WORKERS COMPENSATION INC SYATU- OTH- AND EMPLOYERS'LIABILITY N TORY LIMITS ER_, ANY PROPRIETOR/PARTNER/E:XPCUTIVE I I 39848180 02-21-11 02-21-12 E.L.EACH ACCIDENT 3 100,000 OFFICER/MGMBER EXCLUDED? II' A Gary Ie NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 ((yea,deecrlbe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 500 2,000 'OTHER • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OP The ABOVE DESCRIBED POUCIES BE CANCRU.ED BEFORE THE EXPIRATION City of Omaha DATE TNBBEOF,THE ISSUING INSURER WIL 10 1819 Farnam St Ste 2111 L ENDEAVOR TO MAXI DAYS ""u'TE" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO SO SHALL Omaha, NE 68183 IMPOSE NO OBLIGATION OR UA8ILITT OF ANY VINO UPON THE INBURBR,rTO AGENTS OR Fax: 444-6140 REPREMEN TIVES. AUTH REP ATIVE SCORD25(2009/01) 88-2009 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD t:40-'••.„. .' .•••,..,-. .., ...4 ..,, . •,.•r ,• qt. •,-,2--2. ,--". 1."-•''''''s t - ,--. '' -• ; ' . 1•," r:10-•/' 1. ' •• .... • ,•(' " •' •0.-V, ,...4-•.: . . c; -- - 1, ..•; .c.s.: :..,. , Pt —^ 1 ' ' . •,- ,;:i ,.,..e• 0, . „, ;,.• ., •ett, ••"*" , •' t ,• Tfio 4 4f..•=, . , --, ,,., , "Z• 4414 • , 1 3380 Grant Street Target Area Program N = 3380 Grant Street 300 0 50 1 00 200 streets 11111.1111CAMINMEMII Feet • ieldjirt ' 0 1 Douglas North NRS I,. I_AM _ 1---) Omaha 111114'r !II it South NRSA ,4 IS A ir' m2Aq,U1 WI z y1 , n m n F At+�. Ngz o��!g-V R A PPmi Ao tml mg z ybos_Sx_ 'r 7-. m m0 z 2 , ' cl No < o s x ,`f.=`m,,,m., ,'"rg,,3y�o � rim 41- a. _s S1A � a n 51 c - c \` v`; i <� '^c"mizo `� ogni Do' y^r d+ k i% x -yz c m n F = o m = ioN�R o %.oy ' 4 % o za..'z H- z >z i� 4 ,mii� m�mfz�Ao�t7 'r^i �PZ.y ��'.�i;�// �^ a6c� o� .o, ;\' 4 2 rWiPee.i;0129 �mcmtoa a �fR' .`�'// oo -m m - N zA-31 m "p - zooi 44 FA Aao I Mil „ ,�o Mil (D I F3 n ! e8m'-.io ,,� p 3szs°o 2 e Z �c C��A I R i W. 1 D9, T�p'c�p, $ 4 Z ' THE COLONIES REPLAT 13 2 O ° s� ��HI _ LOTS 1 AND 2 1 D I - L v rnal document contaminant,toxic,or hazardous substance at the site. 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 uneamed and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc • PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this 5 day of ither/L, 2011, 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 the Deer Park Neighborhood Association, located at 1702 Ontario Street, Omaha,NE 68108, Catholic Charities located at 5211 S. 31st Street, Omaha, and The Graffiti Consultants located at 3606 Ethan Court, San Jose, California (hereinafter collectively referred to as the "Providers"), on the terms, conditions and provisions as set forth below. The City and Providers agree as set forth below: • I. A COMPREHENSIVE APPROACH TO OVERCOMING GANG ACTIVITY AND GRAFFITI IN OUR COMMUNITY: A COLLABORATIVE COMMUNITY-WIDE EFFORT TO BUILD UPON SUCCESS AND TO ENHANCE AND EXPAND OUR EFFORTS WITH OUTSIDE EXPERTISE AND STRATEGIC CONSULTATION II. TERM OF AGREEMENT This Agreement will expire twelve (12)months from the start date. The start date TBD. III. DUTIES OF PROVIDERS A. Providers agree 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 five years after the expiration of this Agreement. IV. DUTIES OF THE RESPECTIVE PROVIDERS A. The City of Omaha The City will provide project management and assume oversight and accountability to the elements of the Graffiti Consultant plans and recommendations that incorporate City Department jurisdictions, including but not limited to: Police, Parks and Recreations, Public Works, Law Department and City Planning. The City of Omaha project management will serve to help ensure department(s) implementation of the recommendations of The Graffiti Consultants, to the fullest extent possible. B. Catholic Charities Provide oversight, conduct and operate the Family Enrichment Gang Awareness Program, including oversight of day-to-day operations of the program, facilitate the group outreach and education efforts, meeting individually with parents that are experiencing ate Finance Director p:\LAW-COUNCIL DOCUMENTS\2.011\20020vIj executed by all Parties. 2 1756306v2 ITY COUNCIL DOCUMENTS\20I I\30038d1m UCTIBLE 3 RETENTION $ S WORKERS COMPENSATION INC SYATU- OTH- AND EMPLOYERS'LIABILITY N TORY LIMITS ER_, ANY PROPRIETOR/PARTNER/E:XPCUTIVE I I 39848180 02-21-11 02-21-12 E.L.EACH ACCIDENT 3 100,000 OFFICER/MGMBER EXCLUDED? II' A Gary Ie NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 ((yea,deecrlbe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 500 2,000 'OTHER • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OP The ABOVE DESCRIBED POUCIES BE CANCRU.ED BEFORE THE EXPIRATION City of Omaha DATE TNBBEOF,THE ISSUING INSURER WIL 10 1819 Farnam St Ste 2111 L ENDEAVOR TO MAXI DAYS ""u'TE" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO SO SHALL Omaha, NE 68183 IMPOSE NO OBLIGATION OR UA8ILITT OF ANY VINO UPON THE INBURBR,rTO AGENTS OR Fax: 444-6140 REPREMEN TIVES. AUTH REP ATIVE SCORD25(2009/01) 88-2009 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD t:40-'••.„. .' .•••,..,-. .., ...4 ..,, . •,.•r ,• qt. •,-,2--2. ,--". 1."-•''''''s t - ,--. '' -• ; ' . 1•," r:10-•/' 1. ' •• .... • ,•(' " •' •0.-V, ,...4-•.: . . c; -- - 1, ..•; .c.s.: :..,. , Pt —^ 1 ' ' . •,- ,;:i ,.,..e• 0, . „, ;,.• ., •ett, ••"*" , •' t ,• Tfio 4 4f..•=, . , --, ,,., , "Z• 4414 • , 1 3380 Grant Street Target Area Program N = 3380 Grant Street 300 0 50 1 00 200 streets 11111.1111CAMINMEMII Feet • ieldjirt ' 0 1 Douglas North NRS I,. I_AM _ 1---) Omaha 111114'r !II it South NRSA ,4 IS A ir' m2Aq,U1 WI z y1 , n m n F At+�. Ngz o��!g-V R A PPmi Ao tml mg z ybos_Sx_ 'r 7-. m m0 z 2 , ' cl No < o s x ,`f.=`m,,,m., ,'"rg,,3y�o � rim 41- a. _s S1A � a n 51 c - c \` v`; i <� '^c"mizo `� ogni Do' y^r d+ k i% x -yz c m n F = o m = ioN�R o %.oy ' 4 % o za..'z H- z >z i� 4 ,mii� m�mfz�Ao�t7 'r^i �PZ.y ��'.�i;�// �^ a6c� o� .o, ;\' 4 2 rWiPee.i;0129 �mcmtoa a �fR' .`�'// oo -m m - N zA-31 m "p - zooi 44 FA Aao I Mil „ ,�o Mil (D I F3 n ! e8m'-.io ,,� p 3szs°o 2 e Z �c C��A I R i W. 1 D9, T�p'c�p, $ 4 Z ' THE COLONIES REPLAT 13 2 O ° s� ��HI _ LOTS 1 AND 2 1 D I - L v rnal document contaminant,toxic,or hazardous substance at the site. 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 uneamed and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc difficulties with their children in the gang environment, make referrals to other community resources as appropriate, research, organize and develop curriculum with direct assistance from probation and other community resources for an eight (8) hour gang awareness education program that specifically targets parents that are experiencing language and cultural barriers, organize C. The Graffiti Consultants Provide and facilitate: background questionnaire covering all aspects related to graffiti in Omaha including information about the City's volunteer, abatement and enforcement efforts. Based on this information, The Graffiti Consultants will establish a schedule of training specifically designed to help the Providers reach the goal of eliminating graffiti in Omaha. The Graffiti Consultants will hold multiple days of intensive, specialized and targeted trainings which include hands-on training with The Graffiti Consultants' staff. Multiple days will be fifteen (15) to twenty (20) training sessions to specific and targeted City staff, service partners and community members. The Graffiti Consultants will prepare for Providers a final report that will include specific recommendations for the Providers to institute immediately (within one year) that will abate the graffiti nuisance. The final report will not have timelines for Providers to following as the timelines will be mutually established by City staff and The Graffiti Consultants at a later time (two months after the initial training). The responsible party for each recommendation made in the final report will be identified at that time. The Graffiti Consultants will provide electronic forms and documents including spreadsheets, letters, and agendas. The documents can be modified by Providers. The Graffiti Consultants will provide Providers with provide three (3) full-day return trips to review the Providers' progress and assist with any problematic areas. The trips will occur every other month after the initial multi-day training sessions and shall last for six months from the date of tine initial training. During the subsequent meetings, The Graffiti Consultants will meet with City presponsibleimplementing for im lementin the recommendations in the final report. The dates and specific agenda items will be determined by mutual agreement between Providers' and The Graffiti Consultants. The Graffiti Consultants will provide weekly one-half hour telephone conference calls for one year. These calls will begin the week after the initial series of trainings. The days, times and content of the weekly teleconferences will be determined by mutual agreement of the Providers and The Graffiti Consultants. V. COMPENSATION AND PAYMENT A. The cost of services shall be as specified in the 2010-2011 Deer Park Neighborhood Historical Grant Application, but in no event shall exceed $44,400.00. The express written consent of the City shall be required in order to exceed said amount. - 2 - SEASE-POLICY LIMIT $ 500 2,000 'OTHER • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OP The ABOVE DESCRIBED POUCIES BE CANCRU.ED BEFORE THE EXPIRATION City of Omaha DATE TNBBEOF,THE ISSUING INSURER WIL 10 1819 Farnam St Ste 2111 L ENDEAVOR TO MAXI DAYS ""u'TE" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO SO SHALL Omaha, NE 68183 IMPOSE NO OBLIGATION OR UA8ILITT OF ANY VINO UPON THE INBURBR,rTO AGENTS OR Fax: 444-6140 REPREMEN TIVES. AUTH REP ATIVE SCORD25(2009/01) 88-2009 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD t:40-'••.„. .' .•••,..,-. .., ...4 ..,, . •,.•r ,• qt. •,-,2--2. ,--". 1."-•''''''s t - ,--. '' -• ; ' . 1•," r:10-•/' 1. ' •• .... • ,•(' " •' •0.-V, ,...4-•.: . . c; -- - 1, ..•; .c.s.: :..,. , Pt —^ 1 ' ' . •,- ,;:i ,.,..e• 0, . „, ;,.• ., •ett, ••"*" , •' t ,• Tfio 4 4f..•=, . , --, ,,., , "Z• 4414 • , 1 3380 Grant Street Target Area Program N = 3380 Grant Street 300 0 50 1 00 200 streets 11111.1111CAMINMEMII Feet • ieldjirt ' 0 1 Douglas North NRS I,. I_AM _ 1---) Omaha 111114'r !II it South NRSA ,4 IS A ir' m2Aq,U1 WI z y1 , n m n F At+�. Ngz o��!g-V R A PPmi Ao tml mg z ybos_Sx_ 'r 7-. m m0 z 2 , ' cl No < o s x ,`f.=`m,,,m., ,'"rg,,3y�o � rim 41- a. _s S1A � a n 51 c - c \` v`; i <� '^c"mizo `� ogni Do' y^r d+ k i% x -yz c m n F = o m = ioN�R o %.oy ' 4 % o za..'z H- z >z i� 4 ,mii� m�mfz�Ao�t7 'r^i �PZ.y ��'.�i;�// �^ a6c� o� .o, ;\' 4 2 rWiPee.i;0129 �mcmtoa a �fR' .`�'// oo -m m - N zA-31 m "p - zooi 44 FA Aao I Mil „ ,�o Mil (D I F3 n ! e8m'-.io ,,� p 3szs°o 2 e Z �c C��A I R i W. 1 D9, T�p'c�p, $ 4 Z ' THE COLONIES REPLAT 13 2 O ° s� ��HI _ LOTS 1 AND 2 1 D I - L v rnal document contaminant,toxic,or hazardous substance at the site. 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 uneamed and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc • B. Invoices from The Graffiti Consultants and Catholic Charities shall be submitted directly for payment to the Deer Park Neighborhood Association, c/o Oscar Duran, 1702 Ontario Street, Omaha,NE 68108. VI. OWNERSHIP All electronic forms and documents provided pursuant to the terms of this Agreement shall be and become the property of the City. VII. ADDITIONAL SERVICES In the event additional services for the aforementioned project not covered under this Agreement are required, Providers agree to provide such services at a mutually agreed upon cost. VIII. INSURANCE REQUIREMENTS The Providers agree to maintain commercial general liability insurance in an amount of at least One Million Dollars ($1,000,000.00) per occurrence and shall have on file with the City a certificate of insurance which provides combined coverage for bodily injury and property damage in a minimum amount of $1,000,000.00 per occurrence. The insurance policy shall include the City of Omaha as an additional insured. Written evidence of such insurance shall be submitted to the City for approval. If applicable, Workers' compensation insurance shall be provided according to the statutes of the State of Nebraska. IX. INDEMNIFICATION A. To the fullest extent permitted by law, the Providers 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 Provider, 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. B. In claims against any person or entity indemnified under this paragraph by an employee of a Provider, 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 Provider under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. - 3 - al Grant Application, but in no event shall exceed $44,400.00. The express written consent of the City shall be required in order to exceed said amount. - 2 - SEASE-POLICY LIMIT $ 500 2,000 'OTHER • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OP The ABOVE DESCRIBED POUCIES BE CANCRU.ED BEFORE THE EXPIRATION City of Omaha DATE TNBBEOF,THE ISSUING INSURER WIL 10 1819 Farnam St Ste 2111 L ENDEAVOR TO MAXI DAYS ""u'TE" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO SO SHALL Omaha, NE 68183 IMPOSE NO OBLIGATION OR UA8ILITT OF ANY VINO UPON THE INBURBR,rTO AGENTS OR Fax: 444-6140 REPREMEN TIVES. AUTH REP ATIVE SCORD25(2009/01) 88-2009 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD t:40-'••.„. .' .•••,..,-. .., ...4 ..,, . •,.•r ,• qt. •,-,2--2. ,--". 1."-•''''''s t - ,--. '' -• ; ' . 1•," r:10-•/' 1. ' •• .... • ,•(' " •' •0.-V, ,...4-•.: . . c; -- - 1, ..•; .c.s.: :..,. , Pt —^ 1 ' ' . •,- ,;:i ,.,..e• 0, . „, ;,.• ., •ett, ••"*" , •' t ,• Tfio 4 4f..•=, . , --, ,,., , "Z• 4414 • , 1 3380 Grant Street Target Area Program N = 3380 Grant Street 300 0 50 1 00 200 streets 11111.1111CAMINMEMII Feet • ieldjirt ' 0 1 Douglas North NRS I,. I_AM _ 1---) Omaha 111114'r !II it South NRSA ,4 IS A ir' m2Aq,U1 WI z y1 , n m n F At+�. Ngz o��!g-V R A PPmi Ao tml mg z ybos_Sx_ 'r 7-. m m0 z 2 , ' cl No < o s x ,`f.=`m,,,m., ,'"rg,,3y�o � rim 41- a. _s S1A � a n 51 c - c \` v`; i <� '^c"mizo `� ogni Do' y^r d+ k i% x -yz c m n F = o m = ioN�R o %.oy ' 4 % o za..'z H- z >z i� 4 ,mii� m�mfz�Ao�t7 'r^i �PZ.y ��'.�i;�// �^ a6c� o� .o, ;\' 4 2 rWiPee.i;0129 �mcmtoa a �fR' .`�'// oo -m m - N zA-31 m "p - zooi 44 FA Aao I Mil „ ,�o Mil (D I F3 n ! e8m'-.io ,,� p 3szs°o 2 e Z �c C��A I R i W. 1 D9, T�p'c�p, $ 4 Z ' THE COLONIES REPLAT 13 2 O ° s� ��HI _ LOTS 1 AND 2 1 D I - L v rnal document contaminant,toxic,or hazardous substance at the site. 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 uneamed and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc • X. TERMINATION OF AGREEMENT This agreement may be terminated by the City upon written notice to the Providers 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 Providers shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents,maps, models, reports or photographs shall become, at the City's option, its property. XI. GENERAL CONDITIONS A. Nondiscrimination. Providers 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 Providers. The Providers covenant that they presently have 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; Providers further covenant 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 Providers may not assign their rights under this Agreement without the express prior written consent of the City. -4 - er under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. - 3 - al Grant Application, but in no event shall exceed $44,400.00. The express written consent of the City shall be required in order to exceed said amount. - 2 - SEASE-POLICY LIMIT $ 500 2,000 'OTHER • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OP The ABOVE DESCRIBED POUCIES BE CANCRU.ED BEFORE THE EXPIRATION City of Omaha DATE TNBBEOF,THE ISSUING INSURER WIL 10 1819 Farnam St Ste 2111 L ENDEAVOR TO MAXI DAYS ""u'TE" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO SO SHALL Omaha, NE 68183 IMPOSE NO OBLIGATION OR UA8ILITT OF ANY VINO UPON THE INBURBR,rTO AGENTS OR Fax: 444-6140 REPREMEN TIVES. AUTH REP ATIVE SCORD25(2009/01) 88-2009 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD t:40-'••.„. .' .•••,..,-. .., ...4 ..,, . •,.•r ,• qt. •,-,2--2. ,--". 1."-•''''''s t - ,--. '' -• ; ' . 1•," r:10-•/' 1. ' •• .... • ,•(' " •' •0.-V, ,...4-•.: . . c; -- - 1, ..•; .c.s.: :..,. , Pt —^ 1 ' ' . •,- ,;:i ,.,..e• 0, . „, ;,.• ., •ett, ••"*" , •' t ,• Tfio 4 4f..•=, . , --, ,,., , "Z• 4414 • , 1 3380 Grant Street Target Area Program N = 3380 Grant Street 300 0 50 1 00 200 streets 11111.1111CAMINMEMII Feet • ieldjirt ' 0 1 Douglas North NRS I,. I_AM _ 1---) Omaha 111114'r !II it South NRSA ,4 IS A ir' m2Aq,U1 WI z y1 , n m n F At+�. Ngz o��!g-V R A PPmi Ao tml mg z ybos_Sx_ 'r 7-. m m0 z 2 , ' cl No < o s x ,`f.=`m,,,m., ,'"rg,,3y�o � rim 41- a. _s S1A � a n 51 c - c \` v`; i <� '^c"mizo `� ogni Do' y^r d+ k i% x -yz c m n F = o m = ioN�R o %.oy ' 4 % o za..'z H- z >z i� 4 ,mii� m�mfz�Ao�t7 'r^i �PZ.y ��'.�i;�// �^ a6c� o� .o, ;\' 4 2 rWiPee.i;0129 �mcmtoa a �fR' .`�'// oo -m m - N zA-31 m "p - zooi 44 FA Aao I Mil „ ,�o Mil (D I F3 n ! e8m'-.io ,,� p 3szs°o 2 e Z �c C��A I R i W. 1 D9, T�p'c�p, $ 4 Z ' THE COLONIES REPLAT 13 2 O ° s� ��HI _ LOTS 1 AND 2 1 D I - L v rnal document contaminant,toxic,or hazardous substance at the site. 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 uneamed and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc • 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 "A" and made a part hereof by reference are the equal employment provisions of this contract. All reference in the said Exhibit to "Contractors" shall mean "Providers." Refusal by the Providers to comply with 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 Provider(s) in violation until it is determined that'the Provider(s) 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 Provider(s) demonstrates that it has established and shall carry out the policies of the program as herein outlined. K. Work eligibility. The Providers are required and 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 immigration 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. If any of the Providers are an individual or sole proprietorship,the following applies: (1) The Provider must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us. (2) If the Provider indicates on such attestation form that he or she is a qualified alien, the Provider agrees to provide the U.S. Citizenship and Immigration Services documentation required to verify the Provider's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. (3) The Provider understands and agrees that lawful presence in the United States is required and the Provider may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. - 5 - or workmen's compensation acts, disability benefit acts or other employee benefit acts. - 3 - al Grant Application, but in no event shall exceed $44,400.00. The express written consent of the City shall be required in order to exceed said amount. - 2 - SEASE-POLICY LIMIT $ 500 2,000 'OTHER • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OP The ABOVE DESCRIBED POUCIES BE CANCRU.ED BEFORE THE EXPIRATION City of Omaha DATE TNBBEOF,THE ISSUING INSURER WIL 10 1819 Farnam St Ste 2111 L ENDEAVOR TO MAXI DAYS ""u'TE" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO SO SHALL Omaha, NE 68183 IMPOSE NO OBLIGATION OR UA8ILITT OF ANY VINO UPON THE INBURBR,rTO AGENTS OR Fax: 444-6140 REPREMEN TIVES. AUTH REP ATIVE SCORD25(2009/01) 88-2009 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD t:40-'••.„. .' .•••,..,-. .., ...4 ..,, . •,.•r ,• qt. •,-,2--2. ,--". 1."-•''''''s t - ,--. '' -• ; ' . 1•," r:10-•/' 1. ' •• .... • ,•(' " •' •0.-V, ,...4-•.: . . c; -- - 1, ..•; .c.s.: :..,. , Pt —^ 1 ' ' . •,- ,;:i ,.,..e• 0, . „, ;,.• ., •ett, ••"*" , •' t ,• Tfio 4 4f..•=, . , --, ,,., , "Z• 4414 • , 1 3380 Grant Street Target Area Program N = 3380 Grant Street 300 0 50 1 00 200 streets 11111.1111CAMINMEMII Feet • ieldjirt ' 0 1 Douglas North NRS I,. I_AM _ 1---) Omaha 111114'r !II it South NRSA ,4 IS A ir' m2Aq,U1 WI z y1 , n m n F At+�. Ngz o��!g-V R A PPmi Ao tml mg z ybos_Sx_ 'r 7-. m m0 z 2 , ' cl No < o s x ,`f.=`m,,,m., ,'"rg,,3y�o � rim 41- a. _s S1A � a n 51 c - c \` v`; i <� '^c"mizo `� ogni Do' y^r d+ k i% x -yz c m n F = o m = ioN�R o %.oy ' 4 % o za..'z H- z >z i� 4 ,mii� m�mfz�Ao�t7 'r^i �PZ.y ��'.�i;�// �^ a6c� o� .o, ;\' 4 2 rWiPee.i;0129 �mcmtoa a �fR' .`�'// oo -m m - N zA-31 m "p - zooi 44 FA Aao I Mil „ ,�o Mil (D I F3 n ! e8m'-.io ,,� p 3szs°o 2 e Z �c C��A I R i W. 1 D9, T�p'c�p, $ 4 Z ' THE COLONIES REPLAT 13 2 O ° s� ��HI _ LOTS 1 AND 2 1 D I - L v rnal document contaminant,toxic,or hazardous substance at the site. 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 uneamed and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc • , XII. APPLICABLE LAW Parties to this Agreement shall conform to all existing and applicable federal, state and local laws, and all existing and applicable rules and regulations. This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Nebraska. XIII. AUTHORIZED REPRESENTATIVE In further consideration of the mutual covenants herein contained, the Parties hereto expressly agree that for purposes of notice, including legal service of process, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following named individuals shall be the authorized representatives of the Parties: A. Jim Suttle,Mayor City of Omaha,Nebraska 1819 Farnam Street— Suite 300 Omaha,NE 68183 B. John Synowiecki Catholic Charities, Grants and Government Relations 5211 South 31S` Street Omaha,NE 68107 C. Rick Stanton The Graffiti Consultants 3606 Ethan Ct. • San Jose, CA 95136 D. Oscar Duran Deer Park Neighborhood Association 1702 Ontario Street Omaha,NE 68108 Any request, notice, consent or approval of any kind required by any provision of this Agreement shall be required to be in writing. Notice, consent or approval and service thereof shall be deemed sufficient only if, in the case of the City, it is delivered personally or sent by certified mail with postage prepaid to the City in care of the Authorized Representative and in the case of Metro, it is delivered personally or sent by certified mail with postage prepaid to Metro in care of the Executive Director.. - 6 - o verify the work eligibility status of a newly hired employee. If any of the Providers are an individual or sole proprietorship,the following applies: (1) The Provider must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us. (2) If the Provider indicates on such attestation form that he or she is a qualified alien, the Provider agrees to provide the U.S. Citizenship and Immigration Services documentation required to verify the Provider's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. (3) The Provider understands and agrees that lawful presence in the United States is required and the Provider may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. - 5 - or workmen's compensation acts, disability benefit acts or other employee benefit acts. - 3 - al Grant Application, but in no event shall exceed $44,400.00. The express written consent of the City shall be required in order to exceed said amount. - 2 - SEASE-POLICY LIMIT $ 500 2,000 'OTHER • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OP The ABOVE DESCRIBED POUCIES BE CANCRU.ED BEFORE THE EXPIRATION City of Omaha DATE TNBBEOF,THE ISSUING INSURER WIL 10 1819 Farnam St Ste 2111 L ENDEAVOR TO MAXI DAYS ""u'TE" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO SO SHALL Omaha, NE 68183 IMPOSE NO OBLIGATION OR UA8ILITT OF ANY VINO UPON THE INBURBR,rTO AGENTS OR Fax: 444-6140 REPREMEN TIVES. AUTH REP ATIVE SCORD25(2009/01) 88-2009 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD t:40-'••.„. .' .•••,..,-. .., ...4 ..,, . •,.•r ,• qt. •,-,2--2. ,--". 1."-•''''''s t - ,--. '' -• ; ' . 1•," r:10-•/' 1. ' •• .... • ,•(' " •' •0.-V, ,...4-•.: . . c; -- - 1, ..•; .c.s.: :..,. , Pt —^ 1 ' ' . •,- ,;:i ,.,..e• 0, . „, ;,.• ., •ett, ••"*" , •' t ,• Tfio 4 4f..•=, . , --, ,,., , "Z• 4414 • , 1 3380 Grant Street Target Area Program N = 3380 Grant Street 300 0 50 1 00 200 streets 11111.1111CAMINMEMII Feet • ieldjirt ' 0 1 Douglas North NRS I,. I_AM _ 1---) Omaha 111114'r !II it South NRSA ,4 IS A ir' m2Aq,U1 WI z y1 , n m n F At+�. Ngz o��!g-V R A PPmi Ao tml mg z ybos_Sx_ 'r 7-. m m0 z 2 , ' cl No < o s x ,`f.=`m,,,m., ,'"rg,,3y�o � rim 41- a. _s S1A � a n 51 c - c \` v`; i <� '^c"mizo `� ogni Do' y^r d+ k i% x -yz c m n F = o m = ioN�R o %.oy ' 4 % o za..'z H- z >z i� 4 ,mii� m�mfz�Ao�t7 'r^i �PZ.y ��'.�i;�// �^ a6c� o� .o, ;\' 4 2 rWiPee.i;0129 �mcmtoa a �fR' .`�'// oo -m m - N zA-31 m "p - zooi 44 FA Aao I Mil „ ,�o Mil (D I F3 n ! e8m'-.io ,,� p 3szs°o 2 e Z �c C��A I R i W. 1 D9, T�p'c�p, $ 4 Z ' THE COLONIES REPLAT 13 2 O ° s� ��HI _ LOTS 1 AND 2 1 D I - L v rnal document contaminant,toxic,or hazardous substance at the site. 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 uneamed and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc Any of the parties, may by notice to the other parties, change the address at which it wishes to receive any notice given under this Agreement. EXECUTED this 31414 day of Larch , 2011. ATTEST: John Synowiec , atholic Charities 3.3•t1 By 3 ?/ // Date Date EXECUTED this c3i' day of 4,,x , 2011. ATTEST: Oscar Duran, Deer Park Neighborhood Association 44/014Yre) DAA,P1 ) By Date Date EXECUTED this day of , 2011. ATTEST: Rick Stanton,The Graffiti Consultants By • Date Date EXECUTED this X' ay of r/ , 201% ATTEST: CITY OF OMAHA, a Municipal Corporation By ` By City Clerk, City of Otnaha Date -or, City of Omaha ate APPROVED AS TO FORM: ; , City Attorney Date - 7 - 4 r project OPW 52124 • ti • EXHIBIT "A" EQUAL EMPLOYMENT OPPORTUNITY CLAUSE During the performance of this contract,the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or disability as defined by the Americans with Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, disability or national origin. The Contractor shall take all actions necessary to comply with the Americans with Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor 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) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (3) The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor'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) The Contractor shall furnish to the 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 Contract Compliance Officer shall be those which are related to Paragraphs (1) through (7) of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. (5) The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the Contractor 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 he ABOVE DESCRIBED POUCIES BE CANCRU.ED BEFORE THE EXPIRATION City of Omaha DATE TNBBEOF,THE ISSUING INSURER WIL 10 1819 Farnam St Ste 2111 L ENDEAVOR TO MAXI DAYS ""u'TE" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO SO SHALL Omaha, NE 68183 IMPOSE NO OBLIGATION OR UA8ILITT OF ANY VINO UPON THE INBURBR,rTO AGENTS OR Fax: 444-6140 REPREMEN TIVES. AUTH REP ATIVE SCORD25(2009/01) 88-2009 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD t:40-'••.„. .' .•••,..,-. .., ...4 ..,, . •,.•r ,• qt. •,-,2--2. ,--". 1."-•''''''s t - ,--. '' -• ; ' . 1•," r:10-•/' 1. ' •• .... • ,•(' " •' •0.-V, ,...4-•.: . . c; -- - 1, ..•; .c.s.: :..,. , Pt —^ 1 ' ' . •,- ,;:i ,.,..e• 0, . „, ;,.• ., •ett, ••"*" , •' t ,• Tfio 4 4f..•=, . , --, ,,., , "Z• 4414 • , 1 3380 Grant Street Target Area Program N = 3380 Grant Street 300 0 50 1 00 200 streets 11111.1111CAMINMEMII Feet • ieldjirt ' 0 1 Douglas North NRS I,. I_AM _ 1---) Omaha 111114'r !II it South NRSA ,4 IS A ir' m2Aq,U1 WI z y1 , n m n F At+�. Ngz o��!g-V R A PPmi Ao tml mg z ybos_Sx_ 'r 7-. m m0 z 2 , ' cl No < o s x ,`f.=`m,,,m., ,'"rg,,3y�o � rim 41- a. _s S1A � a n 51 c - c \` v`; i <� '^c"mizo `� ogni Do' y^r d+ k i% x -yz c m n F = o m = ioN�R o %.oy ' 4 % o za..'z H- z >z i� 4 ,mii� m�mfz�Ao�t7 'r^i �PZ.y ��'.�i;�// �^ a6c� o� .o, ;\' 4 2 rWiPee.i;0129 �mcmtoa a �fR' .`�'// oo -m m - N zA-31 m "p - zooi 44 FA Aao I Mil „ ,�o Mil (D I F3 n ! e8m'-.io ,,� p 3szs°o 2 e Z �c C��A I R i W. 1 D9, T�p'c�p, $ 4 Z ' THE COLONIES REPLAT 13 2 O ° s� ��HI _ LOTS 1 AND 2 1 D I - L v rnal document contaminant,toxic,or hazardous substance at the site. 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 uneamed and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc • provisions of this division; and in the case of contracts receiving Federal assistance, the Contractor or the City may request the United States to enter into such litigation to protect the interests of the United States. (6) The Contractor shall file and shall cause his subcontractors, if any, to file compliance reports with the Contractor 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 Contract Compliance Officer. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and his subcontractors. (7) The Contractor 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 subcontractor or vendor. • • - 2 - ed; transferred; laid off; and terminated. The Contractor 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) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, national origin, or disability as recognized under 42 USCS 12101 et seq. (3) The Contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor'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) The Contractor shall furnish to the 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 Contract Compliance Officer shall be those which are related to Paragraphs (1) through (7) of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. (5) The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the Contractor 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 he ABOVE DESCRIBED POUCIES BE CANCRU.ED BEFORE THE EXPIRATION City of Omaha DATE TNBBEOF,THE ISSUING INSURER WIL 10 1819 Farnam St Ste 2111 L ENDEAVOR TO MAXI DAYS ""u'TE" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO SO SHALL Omaha, NE 68183 IMPOSE NO OBLIGATION OR UA8ILITT OF ANY VINO UPON THE INBURBR,rTO AGENTS OR Fax: 444-6140 REPREMEN TIVES. AUTH REP ATIVE SCORD25(2009/01) 88-2009 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD t:40-'••.„. .' .•••,..,-. .., ...4 ..,, . •,.•r ,• qt. •,-,2--2. ,--". 1."-•''''''s t - ,--. '' -• ; ' . 1•," r:10-•/' 1. ' •• .... • ,•(' " •' •0.-V, ,...4-•.: . . c; -- - 1, ..•; .c.s.: :..,. , Pt —^ 1 ' ' . •,- ,;:i ,.,..e• 0, . „, ;,.• ., •ett, ••"*" , •' t ,• Tfio 4 4f..•=, . , --, ,,., , "Z• 4414 • , 1 3380 Grant Street Target Area Program N = 3380 Grant Street 300 0 50 1 00 200 streets 11111.1111CAMINMEMII Feet • ieldjirt ' 0 1 Douglas North NRS I,. I_AM _ 1---) Omaha 111114'r !II it South NRSA ,4 IS A ir' m2Aq,U1 WI z y1 , n m n F At+�. Ngz o��!g-V R A PPmi Ao tml mg z ybos_Sx_ 'r 7-. m m0 z 2 , ' cl No < o s x ,`f.=`m,,,m., ,'"rg,,3y�o � rim 41- a. _s S1A � a n 51 c - c \` v`; i <� '^c"mizo `� ogni Do' y^r d+ k i% x -yz c m n F = o m = ioN�R o %.oy ' 4 % o za..'z H- z >z i� 4 ,mii� m�mfz�Ao�t7 'r^i �PZ.y ��'.�i;�// �^ a6c� o� .o, ;\' 4 2 rWiPee.i;0129 �mcmtoa a �fR' .`�'// oo -m m - N zA-31 m "p - zooi 44 FA Aao I Mil „ ,�o Mil (D I F3 n ! e8m'-.io ,,� p 3szs°o 2 e Z �c C��A I R i W. 1 D9, T�p'c�p, $ 4 Z ' THE COLONIES REPLAT 13 2 O ° s� ��HI _ LOTS 1 AND 2 1 D I - L v rnal document contaminant,toxic,or hazardous substance at the site. 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 uneamed and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,the elimination of gang violence and graffiti is of importance to the City of Omaha and its citizens; and, WHEREAS,the City of Omaha,The Graffiti Consultants,Catholic Charities and the Deer Park Neighborhood Association have agreed to a comprehensive approach to overcoming gang activity and graffiti in the community; and, _ WHEREAS,under this Agreement The Graffiti Consultants will provide training to the parties which is specifically designed to help reach the goal of eliminating graffiti in Omaha,and The Graffiti Consultants will provide electronic forms and documents including spreadsheets,letters and agendas to assist in this process; and, WHEREAS,the City of Omaha will provide project management and oversight for the proposed plans and recommendations provided by The Graffiti Consultants; and, WHEREAS, Catholic Charities will provide oversight of the Family Enrichment Gang Awareness Program to facilitate the group outreach and education efforts by meeting individually with parents that are experiencing difficulties with their children in the gang environment, making referrals to other community resources as appropriate, and developing a curriculum for an eight(8) hour gang awareness education program; and, WHEREAS,the cost of services for this Agreement shall be paid from the 2010-2011 Deer Park Neighborhood Historical Grant. The cost of services shall not exceed $44,400.00. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: By Councilmember Adopted City Clerk Approved Mayor as a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor'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) The Contractor shall furnish to the 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 Contract Compliance Officer shall be those which are related to Paragraphs (1) through (7) of this subsection and only after reasonable notice is given the Contractor. The purpose for this provision is to provide for investigation to ascertain compliance with the program provided for herein. (5) The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the Contractor 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 he ABOVE DESCRIBED POUCIES BE CANCRU.ED BEFORE THE EXPIRATION City of Omaha DATE TNBBEOF,THE ISSUING INSURER WIL 10 1819 Farnam St Ste 2111 L ENDEAVOR TO MAXI DAYS ""u'TE" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO SO SHALL Omaha, NE 68183 IMPOSE NO OBLIGATION OR UA8ILITT OF ANY VINO UPON THE INBURBR,rTO AGENTS OR Fax: 444-6140 REPREMEN TIVES. AUTH REP ATIVE SCORD25(2009/01) 88-2009 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD t:40-'••.„. .' .•••,..,-. .., ...4 ..,, . •,.•r ,• qt. •,-,2--2. ,--". 1."-•''''''s t - ,--. '' -• ; ' . 1•," r:10-•/' 1. ' •• .... • ,•(' " •' •0.-V, ,...4-•.: . . c; -- - 1, ..•; .c.s.: :..,. , Pt —^ 1 ' ' . •,- ,;:i ,.,..e• 0, . „, ;,.• ., •ett, ••"*" , •' t ,• Tfio 4 4f..•=, . , --, ,,., , "Z• 4414 • , 1 3380 Grant Street Target Area Program N = 3380 Grant Street 300 0 50 1 00 200 streets 11111.1111CAMINMEMII Feet • ieldjirt ' 0 1 Douglas North NRS I,. I_AM _ 1---) Omaha 111114'r !II it South NRSA ,4 IS A ir' m2Aq,U1 WI z y1 , n m n F At+�. Ngz o��!g-V R A PPmi Ao tml mg z ybos_Sx_ 'r 7-. m m0 z 2 , ' cl No < o s x ,`f.=`m,,,m., ,'"rg,,3y�o � rim 41- a. _s S1A � a n 51 c - c \` v`; i <� '^c"mizo `� ogni Do' y^r d+ k i% x -yz c m n F = o m = ioN�R o %.oy ' 4 % o za..'z H- z >z i� 4 ,mii� m�mfz�Ao�t7 'r^i �PZ.y ��'.�i;�// �^ a6c� o� .o, ;\' 4 2 rWiPee.i;0129 �mcmtoa a �fR' .`�'// oo -m m - N zA-31 m "p - zooi 44 FA Aao I Mil „ ,�o Mil (D I F3 n ! e8m'-.io ,,� p 3szs°o 2 e Z �c C��A I R i W. 1 D9, T�p'c�p, $ 4 Z ' THE COLONIES REPLAT 13 2 O ° s� ��HI _ LOTS 1 AND 2 1 D I - L v rnal document contaminant,toxic,or hazardous substance at the site. 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 uneamed and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc c-25a CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska THAT, the Agreement for professional services with The Graffiti Consultants to provide training and guidance to the Deer Park Neighborhood Association,the City of Omaha,and Catholic Charities,to enact a comprehensive community-wide approach to overcome gang activity and eliminate graffiti, in an amount not to exceed$44,400.00,to be paid from the 2010-2011 Deer Park Neighborhood Historical Grant, is hereby approved. APPROVED AS TO FORM: C ra a , CITY ATTORNEY Date p:\LAW-COUNCIL DOCUMENTS\2011\20021v1j By - Councilmember Adopted ` ''.� - .. ��'}. 7 0 Ci lerk A. Approved07 Mayor e -or, City of Omaha ate APPROVED AS TO FORM: ; , City Attorney Date - 7 - 4 r project OPW 52124 • ti b x * C.:' 0° Z'171 77 CD CD CD p_ .y z 4 .4 N r-. .�- r. �' p1 o n o ¢, C UQ h �' ZP. UQ (p iv AO t. and .A `� ,5n ..g \ g:24 c:• ,.--• \ N �! 7'73 0 .y o c. c Z O N ° n O o n I _ o � 0 °, d o, cr CD o P2. r. L. r l a , CITY ATTORNEY Date p:\LAW-COUNCIL DOCUMENTS\2011\20021v1j By - Councilmember Adopted ` ''.� - .. ��'}. 7 0 Ci lerk A. Approved07 Mayor e -or, City of Omaha ate APPROVED AS TO FORM: ; , City Attorney Date - 7 - 4 r project OPW 52124 • ti