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ORD 38786 - Agmt with OPL and Unique Management Services Inc for delinquent account collection and materials recovery services ORDINANCE NO. 2878(/) AN ORDINANCE approving the agreement between Omaha Public Library and Unique Management Services, Inc. to provide delinquent account collection and materials recovery services for Omaha Public Library for long overdue library materials, involving payments from appropriations of more than one fiscal year in accordance with Section 5.17 of the Home Rule Charter, for a three-year period with options to renew for two additional one year periods; to authorize the Finance Department to make payments in an anticipated amount of $45,000 per year to Unique Management Services, Inc. for the cost of such services in accordance with such agreement; and to provide an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the contract with Unique Management Services, Inc. to provide delinquent account collection and materials recovery services, involving payments from appropriations of more than one fiscal year in accordance with section 5.17 of the Home Rule Charter, for a three year period with two additional optional one year terms for the Omaha Public Library is hereby approved. Section 2. The term of this service shall begin from the date this Ordinance takes effect, approximately August 1, 2011, and run for three (3) years, and may be renewed for two additional one-year periods at the sole option of the City. The bid price will be firm for the duration of the agreement. Unique Management Services, Inc. has on file a current Annual Contract Compliance Report Form (CC-1). As a City policy, the Human Rights and Relations Director will review the Contractor for compliance with the Contract Compliance Ordinance. Section 3. Unique Management Services, Inc. will submit monthly bills for these services which will be paid after receipt at the rate of $8.95 per account, with payments anticipated to be $45,000.00 annually. Section 4. That funds for this service will be paid from the 2010 and subsequent years Public Library Fund 11111, Organization 117013, Object 42239. • cD `C iD v, E. 0 � v?. on CDC 'E5 A (V M ^ -, e O ;S "� 0 as ?r ( cD rt Ca ,\ 111 °, •b a4 °CD c �. o °, oEP '` C ` 'rt 0 n O ca, N o x ,. N.a4 cr, 7- z 0-,fig 0 a4 CD rn CCD aQ a. Q.. V' CD I der without the execution or filing of any paper or any further act on the part of the parties hereto, anything herein to the contrary notwithstanding. Section 8. Destruction of Records, Instruments and Papers. The Calculation Agent may retain in its files records, instruments, and papers maintained by it in relation to its agency as long as the Calculation Agent shall consider that such retention is necessary. Section 9. Resignation or Removal of Calculation Agent. Any time, other than on a day during the.60—day period preceding any periodic payment date for City's Series 2010B Bonds, the Calculation Agent may resign by giving at least 45 days' prior written notice.to City; and the Calculation Agent's agency shall be terminated and its duties shall cease upon expiration of such 45 days or such lesser period of time as shall be mutually agreeable to Calculation Agent and City. At any time, following at least 60 days' prior notice (or such lesser period of time as shall be mutually agreeable to the Calculation Agent and the City) the Calculation Agent may be removed from its agency by the City. Such removal shall become effective upon the expiration 4824-3210-3687.3 • Sewer 10 Xii botage; epidemic; riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or 4824-3210-3687.3 Sewer 10 xl . Xi City will be in the amount of$1,487,304.00 for the ten officers; and to provide an effective date hereof. PASSED:October 19,2010,6-0 APPROVED BY: JIM SUTTLE 10/20/10 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, r;n,rroh entenced to a denial of Federal benefits by a State of Federal court,or termination,consistent with the requirements of the Rehabilitation Act of 1973,as voluntarily excluded from covered transactions by any Federal department of agency; amended;or (b) Have not within a three-year period preceding this application been convicted of B. Requiring such employee to participate satisfactorily in a drug abuse assistance of or had a civil judgment rendered against them for commission of fraud or a criminal rehabilitation program approved for such purpose by a Federal,State or local health, offense in connection with obtaining,attempting to obtain,or performing a public law enforcement,or other appropriate agency; (Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, The subgrantee certifies that it will make a good faith effort to continue to maintain a bribery,falsification or destruction of records,making false statements,or receiving drug-free workplace. stolen property; City of Omaha;1819 Famam Street;Omaha,NE 68183 (c) Are not presently indicted for or otherwise criminally or civilly charged by a Organization Name and Address ' governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and Jim Suttle,Mavor T I-t Name and Tit f Author' ed Representative (d) Have not within a three-year period preceding this application had one or more 7 e+- L public transactions(Federal,State or local)terminated for cause or default;and _ (Z-0 B. Where the applicant is unable to certify to any of the statements in this 'ture Date / certification,he or she shall attach an explanation to this application. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 41 of 41 n to the state that it has a current EEOP on file which meets the requirements therein. (r) SINGLE AUDIT REQUIREMENT:Pursuant to Office of Management and Budget Circular A-128,AAudits of state and Local Governments:and A- 133,APrivate Non-Profit@ agencies,each applicant must comply with the Single Audit Act. A copy of the audit is to be submitted to the Crime Commission. (s) CONFIDENTIALITY OF INFORMATION: No recipient of monies under the Juvenile Services Act shall use or reveal any research or statistical information or other type of information acquired or furnished under this program by any person/juvenile and identifiable to any specific private person/juvenile for any purpose other than the purpose for which such information was obtained in accordance with the Act. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 38 of 41 • • ORDINANCE NO. 3$'7 S!O PAGE 2 INTRODUCED BY COUNCILMEMBER 51144A.3, gis,./L4,4•4444. APPROVED BY: !ice 8 /D .MAHA DA E PASSED: AUG 17 2010 -7 -. 0 ATTEST: CITY CLER OF E CITY OF OMAHA 8 ATE APPROVED AS TO FORM: . C a 6,e.,(_ • DE' CITY ATTORNEY DATE p:\law-city council documents\2010\10134dae.doc inue until (i) terminated by mutual agreement of City and Calculation Agent, (ii) the resignation or removal of Calculation Agent pursuant to Section 9 hereof, or (iii) after all Series 2010B Bonds have been retired or defeased. 4824-3210-3687.3 Sewer 10 Xlll vent Notice" means electronic notice of a Material Event. 4824-3210-3687.2 Sewer 10 2 Sewer 10 ict A-147. 65AJG a 215 S.15th St. I Omaha,NE 68102 I TEL 402.444.4800 I FAX 402.444.4504 I omahalibrary.org 1110 ;I! !!:- Omaha : �" 4 1 1� Public ECt ��, 'tiii , ;j' Library 3 (j,, l ul l." Open Your World " Ph ' W�- Gary Wasdin Executive Director Maggie Tarelli-Falcon Assistant Director Honorable President and members of the City Council Attached is a contract for the annual cost of providing delinquent account collection and an Ordinance, as provided in Section 5.17 of the Home Rule Charter, to contract with Unique Management Services, Inc. to provide delinquent account collection at Omaha Public Library. Unique Management Service, Inc. has agreed to provide delinquent account collection for a cost of $8.95 per account at an anticipated annual cost of $45,000.00. The contract is for a three- (3) year period and may be renewed for two additional one-year periods, beginning August 1, 2010, through July 31, 2013, or startup date as determined, subject to approval by City Council. The contract price will be firm for the three- (3) year period. The recommended contractor is a sole source provider (letter attached). The total is an annual rate based on number of delinquent account submissions and is an estimate of the annual cost to the Library. The recommended contractor has on file a current Annual Contract compliance Report Form (CC-I). As is City policy, the Human Rights and Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. Funds to pay for this contract will come from the 2010 and subsequent years General Fund 11111, Organization 117013, Object 42239. Omaha Public Library requests your consideration and approval of the attached Ordinance • Respectfully su mitted, Referred to City Council for Consideration: • LP 10 (2 14 iv 70/ 0 as In Date May s 0 ice D to Executive Director, maha Public Library Approved as to Funding: Approved: am S accarotella Date Human Rights and Relations Date ? P Finance Director w Department p:\law-city council documents\2010\10133dae.doc ca, N o x ,. N.a4 cr, 7- z 0-,fig 0 a4 CD rn CCD aQ a. Q.. V' CD I der without the execution or filing of any paper or any further act on the part of the parties hereto, anything herein to the contrary notwithstanding. Section 8. Destruction of Records, Instruments and Papers. The Calculation Agent may retain in its files records, instruments, and papers maintained by it in relation to its agency as long as the Calculation Agent shall consider that such retention is necessary. Section 9. Resignation or Removal of Calculation Agent. Any time, other than on a day during the.60—day period preceding any periodic payment date for City's Series 2010B Bonds, the Calculation Agent may resign by giving at least 45 days' prior written notice.to City; and the Calculation Agent's agency shall be terminated and its duties shall cease upon expiration of such 45 days or such lesser period of time as shall be mutually agreeable to Calculation Agent and City. At any time, following at least 60 days' prior notice (or such lesser period of time as shall be mutually agreeable to the Calculation Agent and the City) the Calculation Agent may be removed from its agency by the City. Such removal shall become effective upon the expiration 4824-3210-3687.3 • Sewer 10 Xii botage; epidemic; riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or 4824-3210-3687.3 Sewer 10 xl . Xi City will be in the amount of$1,487,304.00 for the ten officers; and to provide an effective date hereof. PASSED:October 19,2010,6-0 APPROVED BY: JIM SUTTLE 10/20/10 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, r;n,rroh entenced to a denial of Federal benefits by a State of Federal court,or termination,consistent with the requirements of the Rehabilitation Act of 1973,as voluntarily excluded from covered transactions by any Federal department of agency; amended;or (b) Have not within a three-year period preceding this application been convicted of B. Requiring such employee to participate satisfactorily in a drug abuse assistance of or had a civil judgment rendered against them for commission of fraud or a criminal rehabilitation program approved for such purpose by a Federal,State or local health, offense in connection with obtaining,attempting to obtain,or performing a public law enforcement,or other appropriate agency; (Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, The subgrantee certifies that it will make a good faith effort to continue to maintain a bribery,falsification or destruction of records,making false statements,or receiving drug-free workplace. stolen property; City of Omaha;1819 Famam Street;Omaha,NE 68183 (c) Are not presently indicted for or otherwise criminally or civilly charged by a Organization Name and Address ' governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and Jim Suttle,Mavor T I-t Name and Tit f Author' ed Representative (d) Have not within a three-year period preceding this application had one or more 7 e+- L public transactions(Federal,State or local)terminated for cause or default;and _ (Z-0 B. Where the applicant is unable to certify to any of the statements in this 'ture Date / certification,he or she shall attach an explanation to this application. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 41 of 41 n to the state that it has a current EEOP on file which meets the requirements therein. (r) SINGLE AUDIT REQUIREMENT:Pursuant to Office of Management and Budget Circular A-128,AAudits of state and Local Governments:and A- 133,APrivate Non-Profit@ agencies,each applicant must comply with the Single Audit Act. A copy of the audit is to be submitted to the Crime Commission. (s) CONFIDENTIALITY OF INFORMATION: No recipient of monies under the Juvenile Services Act shall use or reveal any research or statistical information or other type of information acquired or furnished under this program by any person/juvenile and identifiable to any specific private person/juvenile for any purpose other than the purpose for which such information was obtained in accordance with the Act. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 38 of 41 EXHIBIT B • OMAHA PUBLI C LIBRARY CITY OF OMAHA, NEBRASKA Contract for Delinquent Account Collection Services THIS CONTRACT is entered into by and between the CITY OF OMAHA, a Municipal Corporation in Douglas County, Nebraska (the "City"), the Omaha Public Library (the "Library"), and UNIQUE MANAGEMENT SERVICES, INC. (the "Contractor"). RECITALS: WHEREAS, there is a need to provide account collection services for collecting non-returned library materials, fines and fees from library patrons who have overdue accounts of$25 or more, with the primary need of recovering library materials; and, WHEREAS, the Contractor is desirous of and capable of providing debt collection services for the Omaha Public Library. IN CONSIDERATION OF THESE MUTUAL COVENANTS, THE PARTIES • AGREE AS FOLLOWS: I. DUTIES OF THE CONTRACTOR 1. Subject to the provisions of Number 5 below, the Contractor shall accept weekly automated data transfer and payment information from the Library database via its Horizon Debt Collection module or other automation software vendor as upgrades are made. Data to be transferred will include all pertinent patron information needed to attempt debt collection, as well as due dates and total outstanding balances owed. Only accounts with balances of$25 or greater will be referred. Upon receipt of this listing of delinquent patron accounts from the Library, the Contractor shall contact the patron in the name of the Library and encourage the patron to return overdue materials to the library and pay their fines and fees. The Contractor shall provide an acknowledgement report on all electronically submitted accounts. al Fund 11111, Organization 117013, Object 42239. Omaha Public Library requests your consideration and approval of the attached Ordinance • Respectfully su mitted, Referred to City Council for Consideration: • LP 10 (2 14 iv 70/ 0 as In Date May s 0 ice D to Executive Director, maha Public Library Approved as to Funding: Approved: am S accarotella Date Human Rights and Relations Date ? P Finance Director w Department p:\law-city council documents\2010\10133dae.doc ca, N o x ,. N.a4 cr, 7- z 0-,fig 0 a4 CD rn CCD aQ a. Q.. V' CD I der without the execution or filing of any paper or any further act on the part of the parties hereto, anything herein to the contrary notwithstanding. Section 8. Destruction of Records, Instruments and Papers. The Calculation Agent may retain in its files records, instruments, and papers maintained by it in relation to its agency as long as the Calculation Agent shall consider that such retention is necessary. Section 9. Resignation or Removal of Calculation Agent. Any time, other than on a day during the.60—day period preceding any periodic payment date for City's Series 2010B Bonds, the Calculation Agent may resign by giving at least 45 days' prior written notice.to City; and the Calculation Agent's agency shall be terminated and its duties shall cease upon expiration of such 45 days or such lesser period of time as shall be mutually agreeable to Calculation Agent and City. At any time, following at least 60 days' prior notice (or such lesser period of time as shall be mutually agreeable to the Calculation Agent and the City) the Calculation Agent may be removed from its agency by the City. Such removal shall become effective upon the expiration 4824-3210-3687.3 • Sewer 10 Xii botage; epidemic; riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or 4824-3210-3687.3 Sewer 10 xl . Xi City will be in the amount of$1,487,304.00 for the ten officers; and to provide an effective date hereof. PASSED:October 19,2010,6-0 APPROVED BY: JIM SUTTLE 10/20/10 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, r;n,rroh entenced to a denial of Federal benefits by a State of Federal court,or termination,consistent with the requirements of the Rehabilitation Act of 1973,as voluntarily excluded from covered transactions by any Federal department of agency; amended;or (b) Have not within a three-year period preceding this application been convicted of B. Requiring such employee to participate satisfactorily in a drug abuse assistance of or had a civil judgment rendered against them for commission of fraud or a criminal rehabilitation program approved for such purpose by a Federal,State or local health, offense in connection with obtaining,attempting to obtain,or performing a public law enforcement,or other appropriate agency; (Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, The subgrantee certifies that it will make a good faith effort to continue to maintain a bribery,falsification or destruction of records,making false statements,or receiving drug-free workplace. stolen property; City of Omaha;1819 Famam Street;Omaha,NE 68183 (c) Are not presently indicted for or otherwise criminally or civilly charged by a Organization Name and Address ' governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and Jim Suttle,Mavor T I-t Name and Tit f Author' ed Representative (d) Have not within a three-year period preceding this application had one or more 7 e+- L public transactions(Federal,State or local)terminated for cause or default;and _ (Z-0 B. Where the applicant is unable to certify to any of the statements in this 'ture Date / certification,he or she shall attach an explanation to this application. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 41 of 41 n to the state that it has a current EEOP on file which meets the requirements therein. (r) SINGLE AUDIT REQUIREMENT:Pursuant to Office of Management and Budget Circular A-128,AAudits of state and Local Governments:and A- 133,APrivate Non-Profit@ agencies,each applicant must comply with the Single Audit Act. A copy of the audit is to be submitted to the Crime Commission. (s) CONFIDENTIALITY OF INFORMATION: No recipient of monies under the Juvenile Services Act shall use or reveal any research or statistical information or other type of information acquired or furnished under this program by any person/juvenile and identifiable to any specific private person/juvenile for any purpose other than the purpose for which such information was obtained in accordance with the Act. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 38 of 41 • E EXHIBIT B 2. The Contractor shall also accept daily electronic updates to patron accounts from the Library showing payments, waivers or other activity on individual patron accounts. 3. The Contractor shall ensure the confidentiality, security and safety of all Library files, documents, computer files, etc. 4. The Contractor shall not accept payments or returned library materials directly. The Contractor shall refer patrons to the Library for such payments or to return library materials. 5. Pricing for this contract will include both initial placement and secondary placement for a flat fee of$8.95 per account, which will include skip tracing, letters, telephone calls and credit reporting. 6. The Contractor shall provide a monthly report of new addresses acquired through skip tracing to the Library, cross-referenced with patron account numbers. 7. The Contractor shall submit unpaid accounts to credit reporting agencies and maintain them in an active status for no less than seven years (unless state law is less) or until the contract with the Library expires. 8. The Contractor shall assist with training of Library staff and implementation of this delinquent account service as needed. The Contractor and the Library shall mutually establish routine written procedures for handling the services described herein. 9. The Contractor shall manage debt collection communication in a professional, respectful and gentle manner so that patron goodwill is maintained. Written demands must be approved by the Library. 10. For Library patrons who are under the age of nineteen, the Contractor shall direct all written or telephone communication to the parents or guardians. 11. The Contractor guarantees not to charge in collection fees more than the amount of money recovered plus amounts waived. The Contractor will make adjustments to invoices for the difference between collection fees and the total money received plus amounts waived on accounts submitted to keep the service budget neutral. To meet the terms of the budget neutrality guarantee, the Library agrees to add a $10.00 long-overdue fee to patron accounts, turn over all accounts with balances of $25.00 or greater (unless a payment plan has been established), and to the Contractor accounts based on the Horizon and Debt Collect parameters previously set by the Contractor and the Library when setting up the 90-day trial. I der without the execution or filing of any paper or any further act on the part of the parties hereto, anything herein to the contrary notwithstanding. Section 8. Destruction of Records, Instruments and Papers. The Calculation Agent may retain in its files records, instruments, and papers maintained by it in relation to its agency as long as the Calculation Agent shall consider that such retention is necessary. Section 9. Resignation or Removal of Calculation Agent. Any time, other than on a day during the.60—day period preceding any periodic payment date for City's Series 2010B Bonds, the Calculation Agent may resign by giving at least 45 days' prior written notice.to City; and the Calculation Agent's agency shall be terminated and its duties shall cease upon expiration of such 45 days or such lesser period of time as shall be mutually agreeable to Calculation Agent and City. At any time, following at least 60 days' prior notice (or such lesser period of time as shall be mutually agreeable to the Calculation Agent and the City) the Calculation Agent may be removed from its agency by the City. Such removal shall become effective upon the expiration 4824-3210-3687.3 • Sewer 10 Xii botage; epidemic; riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or 4824-3210-3687.3 Sewer 10 xl . Xi City will be in the amount of$1,487,304.00 for the ten officers; and to provide an effective date hereof. PASSED:October 19,2010,6-0 APPROVED BY: JIM SUTTLE 10/20/10 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, r;n,rroh entenced to a denial of Federal benefits by a State of Federal court,or termination,consistent with the requirements of the Rehabilitation Act of 1973,as voluntarily excluded from covered transactions by any Federal department of agency; amended;or (b) Have not within a three-year period preceding this application been convicted of B. Requiring such employee to participate satisfactorily in a drug abuse assistance of or had a civil judgment rendered against them for commission of fraud or a criminal rehabilitation program approved for such purpose by a Federal,State or local health, offense in connection with obtaining,attempting to obtain,or performing a public law enforcement,or other appropriate agency; (Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, The subgrantee certifies that it will make a good faith effort to continue to maintain a bribery,falsification or destruction of records,making false statements,or receiving drug-free workplace. stolen property; City of Omaha;1819 Famam Street;Omaha,NE 68183 (c) Are not presently indicted for or otherwise criminally or civilly charged by a Organization Name and Address ' governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and Jim Suttle,Mavor T I-t Name and Tit f Author' ed Representative (d) Have not within a three-year period preceding this application had one or more 7 e+- L public transactions(Federal,State or local)terminated for cause or default;and _ (Z-0 B. Where the applicant is unable to certify to any of the statements in this 'ture Date / certification,he or she shall attach an explanation to this application. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 41 of 41 n to the state that it has a current EEOP on file which meets the requirements therein. (r) SINGLE AUDIT REQUIREMENT:Pursuant to Office of Management and Budget Circular A-128,AAudits of state and Local Governments:and A- 133,APrivate Non-Profit@ agencies,each applicant must comply with the Single Audit Act. A copy of the audit is to be submitted to the Crime Commission. (s) CONFIDENTIALITY OF INFORMATION: No recipient of monies under the Juvenile Services Act shall use or reveal any research or statistical information or other type of information acquired or furnished under this program by any person/juvenile and identifiable to any specific private person/juvenile for any purpose other than the purpose for which such information was obtained in accordance with the Act. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 38 of 41 • EXHIBIT B II. TERMS AND CONDITIONS 1. Compliance With Laws - In performing this Contract, the Contractor shall comply with all applicable laws, ordinances, rules, regulations, and codes of Federal, State and local governments. Because the Contractor will be acting as an independent contractor, the Library assumes no responsibility for the Contractor's acts. 2. Indemnity Clause - Indemnification of Library against liability: The Contractor shall defend, indemnify and save harmless the Library and the City of Omaha, their officers, trustees, agents, and employees from all claims, suits or actions for any injury to any person or property resulting or arising out of the services provided by the Contractor and its subcontractors, agents, or employees under this agreement, unless such injury is caused by the sole negligence or concurrent negligence of the Library and the City of Omaha, their officers, trustees, agents, or employees. If the injury is caused by the combined negligence of the Contractor and the Library, it is agreed that liability will be apportioned as determined by a court of competent jurisdiction. 3. Continuation During Disputes -The Contractor agrees that, notwithstanding the ' existence of any dispute between the parties, insofar as is possible under the terms of the contract to be entered into, each party shall continue to perform the obligations required of it during the continuation of any such dispute, unless enjoined or prohibited by any court. 4. Organization Employment Disclaimer—This Contract shall not constitute, create, give rise to or otherwise recognize a joint venture, agreement or relationship, partnership or formal business organization of any kind between the parties, and the rights and obligations of the parties shall be only those expressly set forth therein. The Contractor agrees that no persons supplied by it in the performance of the contract are employees of the Library and further agrees that no rights of the Library's civil service, retirement or personnel rules accrue to such persons. 5. Contractor Responsibility-The Contractor shall have the total responsibility for all salaries, wages, bonuses, retirement, withholdings, workers' compensation and occupational disease compensation insurance, unemployment compensation, other benefits and taxes and premiums appurtenant thereto concerning such persons provided by such Contractor in the performance of the contract and shall save and hold the Library harmless with respect thereto. 6. Contract Terms -The term of any resultant contract shall be for the period of three (3) years, and the Library Director may extend this contract for additional one-year intervals for two years at the sole option of the Library, unless terminated, canceled or extended as otherwise provided herein. This agreement may be canceled by either party upon 60 days written notice. ulation Agent shall consider that such retention is necessary. Section 9. Resignation or Removal of Calculation Agent. Any time, other than on a day during the.60—day period preceding any periodic payment date for City's Series 2010B Bonds, the Calculation Agent may resign by giving at least 45 days' prior written notice.to City; and the Calculation Agent's agency shall be terminated and its duties shall cease upon expiration of such 45 days or such lesser period of time as shall be mutually agreeable to Calculation Agent and City. At any time, following at least 60 days' prior notice (or such lesser period of time as shall be mutually agreeable to the Calculation Agent and the City) the Calculation Agent may be removed from its agency by the City. Such removal shall become effective upon the expiration 4824-3210-3687.3 • Sewer 10 Xii botage; epidemic; riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or 4824-3210-3687.3 Sewer 10 xl . Xi City will be in the amount of$1,487,304.00 for the ten officers; and to provide an effective date hereof. PASSED:October 19,2010,6-0 APPROVED BY: JIM SUTTLE 10/20/10 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, r;n,rroh entenced to a denial of Federal benefits by a State of Federal court,or termination,consistent with the requirements of the Rehabilitation Act of 1973,as voluntarily excluded from covered transactions by any Federal department of agency; amended;or (b) Have not within a three-year period preceding this application been convicted of B. Requiring such employee to participate satisfactorily in a drug abuse assistance of or had a civil judgment rendered against them for commission of fraud or a criminal rehabilitation program approved for such purpose by a Federal,State or local health, offense in connection with obtaining,attempting to obtain,or performing a public law enforcement,or other appropriate agency; (Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, The subgrantee certifies that it will make a good faith effort to continue to maintain a bribery,falsification or destruction of records,making false statements,or receiving drug-free workplace. stolen property; City of Omaha;1819 Famam Street;Omaha,NE 68183 (c) Are not presently indicted for or otherwise criminally or civilly charged by a Organization Name and Address ' governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and Jim Suttle,Mavor T I-t Name and Tit f Author' ed Representative (d) Have not within a three-year period preceding this application had one or more 7 e+- L public transactions(Federal,State or local)terminated for cause or default;and _ (Z-0 B. Where the applicant is unable to certify to any of the statements in this 'ture Date / certification,he or she shall attach an explanation to this application. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 41 of 41 n to the state that it has a current EEOP on file which meets the requirements therein. (r) SINGLE AUDIT REQUIREMENT:Pursuant to Office of Management and Budget Circular A-128,AAudits of state and Local Governments:and A- 133,APrivate Non-Profit@ agencies,each applicant must comply with the Single Audit Act. A copy of the audit is to be submitted to the Crime Commission. (s) CONFIDENTIALITY OF INFORMATION: No recipient of monies under the Juvenile Services Act shall use or reveal any research or statistical information or other type of information acquired or furnished under this program by any person/juvenile and identifiable to any specific private person/juvenile for any purpose other than the purpose for which such information was obtained in accordance with the Act. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 38 of 41 EXHIBIT B 7. Estimated Usage -The Contract shall be on an as needed, if needed basis. The Library makes no guarantee as to the amount of usage or dollar value of accounts assigned for collection. 8. Method of Payment- Contractor will be paid in accordance with payment procedures as stipulated in this Agreement. Reports and invoices submitted must contain the contract number under which the service is awarded. Contractor shall submit payments/invoices/reports to the Fiscal Office, Omaha Public Library, 215 S. 15`h Street, Omaha. NE. 68102. The Contractor shall submit monthly invoices, for each payment requested, such statement to also include a detailed breakdown of all charges. 9. All such invoices will be paid promptly by the Library unless any items thereon are questioned, in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. The Contractor shall provide complete cooperation during any such investigation. 10. Insurance—The Contractor, performing as an independent contractor hereunder, shall be fully responsible for providing Commercial General Liability and Errors and Omissions coverage in the amount of at least $1,000,000. The Library shall have no responsibility or liability for such insurance coverage. Contractor must provide certificates of insurance compliance within fifteen (15) calendar days after notification of award. The Library shall be listed as an additional insured and must be notified thirty (30) days in advance of insurance cancellation or termination. 11. Suspension of Work/Termination or Suspension -The Library reserves the exclusive right to terminate or suspend all or any portion of the service for which the Contractor is employed by giving thirty (30) days' written notice to the Contractor; however, if any portion of the service shall be terminated or suspended,the Library shall pay the Contractor equitably for all services properly performed pursuant to this Contract. If the service is suspended and the Contractor is not given an order to resume work within sixty • (60) days from the effective date of the suspension, this Contract will be considered terminated. 12. Prime Contractor Responsibility-Planned use of subcontractors in connection with this Contract should be clearly explained and described in the proposal. The prime contractor will be responsible, and must take responsibility, for the entire contract performance whether or not subcontractors are used. In contractor/subcontractor arrangements involving more than one firm, it does not matter to the Library which firm assumes the lead, as long as that firm assumes full responsibility for the performance of the service as delineated in the contract negotiated with the Library. The Library will only enter into a contract with the prime contractor. 13. Confidentiality of Information -The Contractor shall treat all information furnished by the Library and services provided hereunder as confidential. The Contractor shall not disclose such information to others without the prior written consent of the Library's 60—day period preceding any periodic payment date for City's Series 2010B Bonds, the Calculation Agent may resign by giving at least 45 days' prior written notice.to City; and the Calculation Agent's agency shall be terminated and its duties shall cease upon expiration of such 45 days or such lesser period of time as shall be mutually agreeable to Calculation Agent and City. At any time, following at least 60 days' prior notice (or such lesser period of time as shall be mutually agreeable to the Calculation Agent and the City) the Calculation Agent may be removed from its agency by the City. Such removal shall become effective upon the expiration 4824-3210-3687.3 • Sewer 10 Xii botage; epidemic; riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or 4824-3210-3687.3 Sewer 10 xl . Xi City will be in the amount of$1,487,304.00 for the ten officers; and to provide an effective date hereof. PASSED:October 19,2010,6-0 APPROVED BY: JIM SUTTLE 10/20/10 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, r;n,rroh entenced to a denial of Federal benefits by a State of Federal court,or termination,consistent with the requirements of the Rehabilitation Act of 1973,as voluntarily excluded from covered transactions by any Federal department of agency; amended;or (b) Have not within a three-year period preceding this application been convicted of B. Requiring such employee to participate satisfactorily in a drug abuse assistance of or had a civil judgment rendered against them for commission of fraud or a criminal rehabilitation program approved for such purpose by a Federal,State or local health, offense in connection with obtaining,attempting to obtain,or performing a public law enforcement,or other appropriate agency; (Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, The subgrantee certifies that it will make a good faith effort to continue to maintain a bribery,falsification or destruction of records,making false statements,or receiving drug-free workplace. stolen property; City of Omaha;1819 Famam Street;Omaha,NE 68183 (c) Are not presently indicted for or otherwise criminally or civilly charged by a Organization Name and Address ' governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and Jim Suttle,Mavor T I-t Name and Tit f Author' ed Representative (d) Have not within a three-year period preceding this application had one or more 7 e+- L public transactions(Federal,State or local)terminated for cause or default;and _ (Z-0 B. Where the applicant is unable to certify to any of the statements in this 'ture Date / certification,he or she shall attach an explanation to this application. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 41 of 41 n to the state that it has a current EEOP on file which meets the requirements therein. (r) SINGLE AUDIT REQUIREMENT:Pursuant to Office of Management and Budget Circular A-128,AAudits of state and Local Governments:and A- 133,APrivate Non-Profit@ agencies,each applicant must comply with the Single Audit Act. A copy of the audit is to be submitted to the Crime Commission. (s) CONFIDENTIALITY OF INFORMATION: No recipient of monies under the Juvenile Services Act shall use or reveal any research or statistical information or other type of information acquired or furnished under this program by any person/juvenile and identifiable to any specific private person/juvenile for any purpose other than the purpose for which such information was obtained in accordance with the Act. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 38 of 41 EXHIBIT B authorized representative. 14. Audit of Contract Records -The Contractor must keep all resulting contract records separate and make them available for audit by Library personnel upon request. 15. GENERAL CONDITIONS A. Non-discrimination CONTRACTOR 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, or disability as recognized under 42 USCS 12101, et seq and Omaha Municipal Code 13-89, 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. 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.. Executed this t2.. day of T1ul i , 2010 OMAHA PUBLIC LIBRARY UNIQUE MANAGEMENT SERVICES, INC. By By Gary Was in, xec ve irector 0%rz. —et GO'4•*tor St"I."' Title Executed this /gay of_, Curf1 , 2010 ATTEST: CITY OF OMAHA 1_____,L‘ L______ By City leek of he City of Omaha Suttle, ayor - APPROVED AS TO FORM: ~ W_ _ , Cf + , ... • • • Deputy ty Attorney p:\law-city council documents\2010\10136dae.doc employed by giving thirty (30) days' written notice to the Contractor; however, if any portion of the service shall be terminated or suspended,the Library shall pay the Contractor equitably for all services properly performed pursuant to this Contract. If the service is suspended and the Contractor is not given an order to resume work within sixty • (60) days from the effective date of the suspension, this Contract will be considered terminated. 12. Prime Contractor Responsibility-Planned use of subcontractors in connection with this Contract should be clearly explained and described in the proposal. The prime contractor will be responsible, and must take responsibility, for the entire contract performance whether or not subcontractors are used. In contractor/subcontractor arrangements involving more than one firm, it does not matter to the Library which firm assumes the lead, as long as that firm assumes full responsibility for the performance of the service as delineated in the contract negotiated with the Library. The Library will only enter into a contract with the prime contractor. 13. Confidentiality of Information -The Contractor shall treat all information furnished by the Library and services provided hereunder as confidential. The Contractor shall not disclose such information to others without the prior written consent of the Library's 60—day period preceding any periodic payment date for City's Series 2010B Bonds, the Calculation Agent may resign by giving at least 45 days' prior written notice.to City; and the Calculation Agent's agency shall be terminated and its duties shall cease upon expiration of such 45 days or such lesser period of time as shall be mutually agreeable to Calculation Agent and City. At any time, following at least 60 days' prior notice (or such lesser period of time as shall be mutually agreeable to the Calculation Agent and the City) the Calculation Agent may be removed from its agency by the City. Such removal shall become effective upon the expiration 4824-3210-3687.3 • Sewer 10 Xii botage; epidemic; riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or 4824-3210-3687.3 Sewer 10 xl . Xi City will be in the amount of$1,487,304.00 for the ten officers; and to provide an effective date hereof. PASSED:October 19,2010,6-0 APPROVED BY: JIM SUTTLE 10/20/10 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, r;n,rroh entenced to a denial of Federal benefits by a State of Federal court,or termination,consistent with the requirements of the Rehabilitation Act of 1973,as voluntarily excluded from covered transactions by any Federal department of agency; amended;or (b) Have not within a three-year period preceding this application been convicted of B. Requiring such employee to participate satisfactorily in a drug abuse assistance of or had a civil judgment rendered against them for commission of fraud or a criminal rehabilitation program approved for such purpose by a Federal,State or local health, offense in connection with obtaining,attempting to obtain,or performing a public law enforcement,or other appropriate agency; (Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, The subgrantee certifies that it will make a good faith effort to continue to maintain a bribery,falsification or destruction of records,making false statements,or receiving drug-free workplace. stolen property; City of Omaha;1819 Famam Street;Omaha,NE 68183 (c) Are not presently indicted for or otherwise criminally or civilly charged by a Organization Name and Address ' governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and Jim Suttle,Mavor T I-t Name and Tit f Author' ed Representative (d) Have not within a three-year period preceding this application had one or more 7 e+- L public transactions(Federal,State or local)terminated for cause or default;and _ (Z-0 B. Where the applicant is unable to certify to any of the statements in this 'ture Date / certification,he or she shall attach an explanation to this application. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 41 of 41 n to the state that it has a current EEOP on file which meets the requirements therein. (r) SINGLE AUDIT REQUIREMENT:Pursuant to Office of Management and Budget Circular A-128,AAudits of state and Local Governments:and A- 133,APrivate Non-Profit@ agencies,each applicant must comply with the Single Audit Act. A copy of the audit is to be submitted to the Crime Commission. (s) CONFIDENTIALITY OF INFORMATION: No recipient of monies under the Juvenile Services Act shall use or reveal any research or statistical information or other type of information acquired or furnished under this program by any person/juvenile and identifiable to any specific private person/juvenile for any purpose other than the purpose for which such information was obtained in accordance with the Act. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 38 of 41 w cu C C13 \ co Fr) W C a A n ``I O i O CA CI Z Z _1 ° m 0 H . a Z Z 0 (i) A m • o - Q = 00cccup =- 15I t5 o 'Tm Z 3 o m o o; rn (<D 3 Z 073 CD n -6 (n (D rt 7 _ G. O 3 (3D fD f-I O !D ((DD to ,f* 3 rt 2 `` l 1 O C 5 �1 '� a a v) C 7 O C cu a, G m O f=i a"n f�D o fD 3 (D fnD N ',�,� ~ 2 ~ = a r* fni — N C f3D fD w o n ;^ o-a fD n, A d 7 fD 5 `OG C . 2 w 3 O N 3 m m (D * n !DD 3 3 O ah (D of cu (D S El aF* -, (Do -` * g33 � rc O r O, .0 a N S N rat fll j N n N rt (D (D O rr O (D C O) 6 \ , ,_,. (D ' C ~ C -h - -10 S C O = 5. a lD 4; O N 6 Q n 6 O z r'r rat O OJ rt 3 1p fOD O n 71 O a, < CJ _ 'O O N V == nC (D = = (DfiOO O 3 fli (. = = • al 0 co fD Q -„ (D to to fD Q (D O i e \. X XX CD Ca \ •♦ d V/ Q i rn In V " \ `o 2 —� 1 OM 41, Ff1 E..., v —.1.. .... 0 '_ _ n !� c I _ O 4 `1 Z rn -,NI,,,i. in 0D�. N- Z be terminated or suspended,the Library shall pay the Contractor equitably for all services properly performed pursuant to this Contract. If the service is suspended and the Contractor is not given an order to resume work within sixty • (60) days from the effective date of the suspension, this Contract will be considered terminated. 12. Prime Contractor Responsibility-Planned use of subcontractors in connection with this Contract should be clearly explained and described in the proposal. The prime contractor will be responsible, and must take responsibility, for the entire contract performance whether or not subcontractors are used. In contractor/subcontractor arrangements involving more than one firm, it does not matter to the Library which firm assumes the lead, as long as that firm assumes full responsibility for the performance of the service as delineated in the contract negotiated with the Library. The Library will only enter into a contract with the prime contractor. 13. Confidentiality of Information -The Contractor shall treat all information furnished by the Library and services provided hereunder as confidential. The Contractor shall not disclose such information to others without the prior written consent of the Library's 60—day period preceding any periodic payment date for City's Series 2010B Bonds, the Calculation Agent may resign by giving at least 45 days' prior written notice.to City; and the Calculation Agent's agency shall be terminated and its duties shall cease upon expiration of such 45 days or such lesser period of time as shall be mutually agreeable to Calculation Agent and City. At any time, following at least 60 days' prior notice (or such lesser period of time as shall be mutually agreeable to the Calculation Agent and the City) the Calculation Agent may be removed from its agency by the City. Such removal shall become effective upon the expiration 4824-3210-3687.3 • Sewer 10 Xii botage; epidemic; riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or 4824-3210-3687.3 Sewer 10 xl . Xi City will be in the amount of$1,487,304.00 for the ten officers; and to provide an effective date hereof. PASSED:October 19,2010,6-0 APPROVED BY: JIM SUTTLE 10/20/10 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, r;n,rroh entenced to a denial of Federal benefits by a State of Federal court,or termination,consistent with the requirements of the Rehabilitation Act of 1973,as voluntarily excluded from covered transactions by any Federal department of agency; amended;or (b) Have not within a three-year period preceding this application been convicted of B. Requiring such employee to participate satisfactorily in a drug abuse assistance of or had a civil judgment rendered against them for commission of fraud or a criminal rehabilitation program approved for such purpose by a Federal,State or local health, offense in connection with obtaining,attempting to obtain,or performing a public law enforcement,or other appropriate agency; (Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, The subgrantee certifies that it will make a good faith effort to continue to maintain a bribery,falsification or destruction of records,making false statements,or receiving drug-free workplace. stolen property; City of Omaha;1819 Famam Street;Omaha,NE 68183 (c) Are not presently indicted for or otherwise criminally or civilly charged by a Organization Name and Address ' governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and Jim Suttle,Mavor T I-t Name and Tit f Author' ed Representative (d) Have not within a three-year period preceding this application had one or more 7 e+- L public transactions(Federal,State or local)terminated for cause or default;and _ (Z-0 B. Where the applicant is unable to certify to any of the statements in this 'ture Date / certification,he or she shall attach an explanation to this application. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 41 of 41 n to the state that it has a current EEOP on file which meets the requirements therein. (r) SINGLE AUDIT REQUIREMENT:Pursuant to Office of Management and Budget Circular A-128,AAudits of state and Local Governments:and A- 133,APrivate Non-Profit@ agencies,each applicant must comply with the Single Audit Act. A copy of the audit is to be submitted to the Crime Commission. (s) CONFIDENTIALITY OF INFORMATION: No recipient of monies under the Juvenile Services Act shall use or reveal any research or statistical information or other type of information acquired or furnished under this program by any person/juvenile and identifiable to any specific private person/juvenile for any purpose other than the purpose for which such information was obtained in accordance with the Act. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 38 of 41 • "NOTICETO PUBLIC" The following Or — —s THE DAILY RECORD Ordinance has been set for City Council Hearing on August 10,2010, OF OIVIAHA at 2:00 p.m.: AN ORDINANCE approving the agreement between Omaha Public Library and Unique RONALD A. HENNINGSEN, Publisher Management Services, Inc. to provide delinquent account collectionmahaP and materials PROOF OF PUBLICATION recovery services for Omaha Public Library for long overdue library materials, involving one fiscal from appropriationsaod of more Section UNITED STATES OF AMERICA, year in accordance with Section 5.17 of the Home Rule Charter,for a three-year The State of Nebraska, period with options to renew for two SS. additional one year periods;to authorize the District of Nebraska, Finance Department to make payments in an Countyof Douglas, anticipated amount of 545,030 per year to g Unique Management Services, Inc. for the City of Omaha, cost of such services in accordance with such agreement; and to provide an effective date. - J.BOYD BUSTER BROWN, City Clerk being duly sworn,deposes and says that she is 7-30-10 LEGAL EDITOR of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on July 30, 2010 That said.Newwspaper during that time wasi gularly published and • in e r r i l On in the County of Do as, d State of Nebraska. P:GENER,g2•• Subscribed in sense and sworn to be re TARY 30th .IW he 6affiSeE 0 me this S Jul ay 10 • ,dit} nal Copss $ 20 flf+ S •• 0191 •: `1`‘/4-OF NEg,P Notary Iicd f rasa ty,ate of this Contract should be clearly explained and described in the proposal. The prime contractor will be responsible, and must take responsibility, for the entire contract performance whether or not subcontractors are used. In contractor/subcontractor arrangements involving more than one firm, it does not matter to the Library which firm assumes the lead, as long as that firm assumes full responsibility for the performance of the service as delineated in the contract negotiated with the Library. The Library will only enter into a contract with the prime contractor. 13. Confidentiality of Information -The Contractor shall treat all information furnished by the Library and services provided hereunder as confidential. The Contractor shall not disclose such information to others without the prior written consent of the Library's 60—day period preceding any periodic payment date for City's Series 2010B Bonds, the Calculation Agent may resign by giving at least 45 days' prior written notice.to City; and the Calculation Agent's agency shall be terminated and its duties shall cease upon expiration of such 45 days or such lesser period of time as shall be mutually agreeable to Calculation Agent and City. At any time, following at least 60 days' prior notice (or such lesser period of time as shall be mutually agreeable to the Calculation Agent and the City) the Calculation Agent may be removed from its agency by the City. Such removal shall become effective upon the expiration 4824-3210-3687.3 • Sewer 10 Xii botage; epidemic; riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or 4824-3210-3687.3 Sewer 10 xl . Xi City will be in the amount of$1,487,304.00 for the ten officers; and to provide an effective date hereof. PASSED:October 19,2010,6-0 APPROVED BY: JIM SUTTLE 10/20/10 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, r;n,rroh entenced to a denial of Federal benefits by a State of Federal court,or termination,consistent with the requirements of the Rehabilitation Act of 1973,as voluntarily excluded from covered transactions by any Federal department of agency; amended;or (b) Have not within a three-year period preceding this application been convicted of B. Requiring such employee to participate satisfactorily in a drug abuse assistance of or had a civil judgment rendered against them for commission of fraud or a criminal rehabilitation program approved for such purpose by a Federal,State or local health, offense in connection with obtaining,attempting to obtain,or performing a public law enforcement,or other appropriate agency; (Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, The subgrantee certifies that it will make a good faith effort to continue to maintain a bribery,falsification or destruction of records,making false statements,or receiving drug-free workplace. stolen property; City of Omaha;1819 Famam Street;Omaha,NE 68183 (c) Are not presently indicted for or otherwise criminally or civilly charged by a Organization Name and Address ' governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and Jim Suttle,Mavor T I-t Name and Tit f Author' ed Representative (d) Have not within a three-year period preceding this application had one or more 7 e+- L public transactions(Federal,State or local)terminated for cause or default;and _ (Z-0 B. Where the applicant is unable to certify to any of the statements in this 'ture Date / certification,he or she shall attach an explanation to this application. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 41 of 41 n to the state that it has a current EEOP on file which meets the requirements therein. (r) SINGLE AUDIT REQUIREMENT:Pursuant to Office of Management and Budget Circular A-128,AAudits of state and Local Governments:and A- 133,APrivate Non-Profit@ agencies,each applicant must comply with the Single Audit Act. A copy of the audit is to be submitted to the Crime Commission. (s) CONFIDENTIALITY OF INFORMATION: No recipient of monies under the Juvenile Services Act shall use or reveal any research or statistical information or other type of information acquired or furnished under this program by any person/juvenile and identifiable to any specific private person/juvenile for any purpose other than the purpose for which such information was obtained in accordance with the Act. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 38 of 41 NOTICE TO PUBLIC" THE DAILY RECORD ORDINANCE NO.38786 ORDINANCE approving the agreement OF OMAHA - I - between Omaha Public Library and Unique � Management" Services, Inc. to provide delinquent account collecton and materials RONALD A. HENNINGSEN, Publisher recovery services for Omaha Public Library for long overdue library materials, involving PROOF OF PUBLICATION payments from appropriations of more than one fiscal'year'in,accordarice with Section 5.17 of the Home Rule Charter,for a three-year UNITED STATES OF AMERICA period with options to renew for two f additional one year periods;to authorize the The State of Nebraska, Finance Department to make payments in an SS. anticipated amount of 545,000 per year to District of Nebraska, Unique Management Services, Inc. for the Countyof Douglas, cost of such services in accordance with g such agreement;and to provide an effective City of Omaha, • date. SUMMARY: AN ORDINANCE approving the agreement J.BOYD between Omaha Public Library and Unique Management Services, Inc. to provide being duly sworn,deposes and says that she is delinquent account collection and materials recovery services for Omaha Public Library for LEGAL EDITOR long overdue library materials, involving payments from appropriations of more than of THE DAILY RECORD, of Omaha,fiscal year in accordance with Section ma a, a legal newspaper, printed and 5.17 of the Home Rule Charter,for a three-year published daily in the English language, having a bona fide paid period with options to renew for two additional one year periods;to authorize the circulation in Douglas County in excess of 300 copies, printed in Finance Department to make payments in an Omaha,in said County of Douglas,for more than fifty-two weeks last anticipated. amount of 545,000 per year to Unique Management Services, Inc. for the past; that the printed notice hereto attached was published in THE cost of such services in accordance with such agreement; and to provide an effective DAILY RECORD,of Omaha,on date. PASSED:August 17,2010,7-0 August 25, 2010 APPROVED BY: JIM SUTTLE $I19/10 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, City Clerk 8-25-10 That saittI T ���1�v r during that time was re' arly published and in general`Icigct1C On the County of Douglas ;, ate of Nebraska. �?\...Gi_NERq4°'••r'p • • NOTARY • • • Subscribed in my pre and sworn to bef c MMISS� iT .—P 25th Pu 1 s�htr's ec�PIRE°i me this y f Ad$itiori9l Cioppies $ AuguS t trT '9V6,20\./ •P Uf NE Notary Publi n d •D g panty, at ebraska disclose such information to others without the prior written consent of the Library's 60—day period preceding any periodic payment date for City's Series 2010B Bonds, the Calculation Agent may resign by giving at least 45 days' prior written notice.to City; and the Calculation Agent's agency shall be terminated and its duties shall cease upon expiration of such 45 days or such lesser period of time as shall be mutually agreeable to Calculation Agent and City. At any time, following at least 60 days' prior notice (or such lesser period of time as shall be mutually agreeable to the Calculation Agent and the City) the Calculation Agent may be removed from its agency by the City. Such removal shall become effective upon the expiration 4824-3210-3687.3 • Sewer 10 Xii botage; epidemic; riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or communications services; accidents; labor disputes; acts of civil or military authority or 4824-3210-3687.3 Sewer 10 xl . Xi City will be in the amount of$1,487,304.00 for the ten officers; and to provide an effective date hereof. PASSED:October 19,2010,6-0 APPROVED BY: JIM SUTTLE 10/20/10 MAYOR OF THE CITY OF OMAHA BUSTER BROWN, r;n,rroh entenced to a denial of Federal benefits by a State of Federal court,or termination,consistent with the requirements of the Rehabilitation Act of 1973,as voluntarily excluded from covered transactions by any Federal department of agency; amended;or (b) Have not within a three-year period preceding this application been convicted of B. Requiring such employee to participate satisfactorily in a drug abuse assistance of or had a civil judgment rendered against them for commission of fraud or a criminal rehabilitation program approved for such purpose by a Federal,State or local health, offense in connection with obtaining,attempting to obtain,or performing a public law enforcement,or other appropriate agency; (Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery, The subgrantee certifies that it will make a good faith effort to continue to maintain a bribery,falsification or destruction of records,making false statements,or receiving drug-free workplace. stolen property; City of Omaha;1819 Famam Street;Omaha,NE 68183 (c) Are not presently indicted for or otherwise criminally or civilly charged by a Organization Name and Address ' governmental entity(Federal,State,or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and Jim Suttle,Mavor T I-t Name and Tit f Author' ed Representative (d) Have not within a three-year period preceding this application had one or more 7 e+- L public transactions(Federal,State or local)terminated for cause or default;and _ (Z-0 B. Where the applicant is unable to certify to any of the statements in this 'ture Date / certification,he or she shall attach an explanation to this application. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 41 of 41 n to the state that it has a current EEOP on file which meets the requirements therein. (r) SINGLE AUDIT REQUIREMENT:Pursuant to Office of Management and Budget Circular A-128,AAudits of state and Local Governments:and A- 133,APrivate Non-Profit@ agencies,each applicant must comply with the Single Audit Act. A copy of the audit is to be submitted to the Crime Commission. (s) CONFIDENTIALITY OF INFORMATION: No recipient of monies under the Juvenile Services Act shall use or reveal any research or statistical information or other type of information acquired or furnished under this program by any person/juvenile and identifiable to any specific private person/juvenile for any purpose other than the purpose for which such information was obtained in accordance with the Act. 3.15.10 City of Omaha/Douglas County JABG Phase 12 Grant Application Page 38 of 41