RES 2010-1339 - Legislative package include support to give cities more flexibility with LB 775 refunds C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
s ,
WHEREAS, on January 5, 2011, the One-Hundred and Second Legislature of the
" State of Nebraska,First Session, will convene; and, ,
P v,
c• ., 1
WHEREAS, legislation may be proposed by others which is of interest to the City
of Omaha and its citizens; and,
WHEREAS, the City of Omaha desires to express its support for certain of such
legislative bills which are introduced; and,
WHEREAS, it is the purpose of this resolution to approve support for legislation,
if introduced, to give cities more flexibility in preparing and budgeting for LB 775 refunds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, at the request of the Administration, the legislative package of the City of
Omaha for the First Session of the One-Hundred and Second Legislature of the State of
Nebraska shall include support for legislation, if introduced, to give cities more flexibility in
preparing and budgeting for LB 775 refunds.
APPROVED AS TO FORM:
I C 01/14.-- // `i a
D PTJTY CITY ATTORNEY / DATE
p:\law-city council documents\2010\10228dae.doc
By ..:/
' . Councilmember
Adopted...,.,. !. 9 _. ' 7 0
_ - _. Cam; - Clerk f//Z
` liir
Approved..:: .,. "'. 'or-'of I /
�' Mayor
Approved': .
Mayor
m installations, for Sarpy
County Public Safety Agencies, to enable an interoperable Computer Aided Dispatch (CAD)
System throughout the Tri-County UASI (Urban Area Security Initiative), enhancing cross-
jurisdictional communication and coordination, is hereby approved.
FURTHER THAT, the Finance Department of the City of Omaha is authorized to pay
PCS Mobile in the amount of $88,624.00 for 1 Mobile Data Computer and 104 Modem
installations, budgeted from and funded by the Nebraska Emergency Management Agency
(NEMA) FY 2007 Public Safety Interoperable Communications (PSIC) Grant, Award # 2007-
GS-H7-0050,Fund 12151, Organization 130621.
APPROVED AS TO FORM:
By
i Councilmember -
Adopted NOV/244,,,4
, 2010 ; �' /o - 9—/Q
n
CITY ATTORNEY DATE
•
dr
, ,ice/'._ f.ty Clerk Ili Z1 P:\MYR\1076AJG
Approved.. / /�
Mayor
escribed above,whereupon all risk of loss,damage or destruction to the Products
shall pass to Buyer.
4. Acceptance of Products:Returns. All Products shall be deemed accepted by Buyer unless Buyer notifies PCS in writing within
seven(7)calendar days of receipt of Products of any short shipment,wrong-product shipment,damaged Products or similar
discrepancies. Once accepted by Buyer,Products may be returned only with authorization from PCS,in the sole discretion of
PCS;and in no case will returns be considered more than thirty(30)days after delivery to Buyer. If accepted for return Products
will be subject to a 20%restocking fee.
5. Warranties.PCS makes no representation with regard to Products of any kind or nature,express or implied,including any
warranty of merchantability or fitness for a particular purposes,or usage of trade.Products are covered by manufacturer's
warranty only.Copies of manufacturer's warranty will be provided to Buyer upon written request. PCS assigns to Buyer all
warranties on the Products accepted by Buyer;and PCS shall have no obligation relating to processing claims there under,though
PCS may assist Buyer therewith at the sole option of PCS.
6. Limitation on Liability. In no event shall PCS be liable for any claims for loss of use,revenue,profit or customer,or any
direct,indirect,special,incidental or consequential damages of any kind or nature arising out of,or connected with the Products,
the use thereof,or the sale thereof by PCS to Buyer. Further,Buyer agrees to indemnify and defend PCS from any such claims.
• 7. Force Majeure. PCS shall not be liable for any delay or failure to perform any obligation of PCS under this Agreement that is
caused by events of force majeure,including without limitation strikes,riots,casualties,acts of God,war,governmental action or
other cause beyond the reasonable control of PCS.
8. Miscellaneous.This Agreement constitutes the entire agreement between PCS and Buyer regarding the Products,and may not
be modified except by written agreement signed by the party to be charged with the modification.,Buyer's rights under this
Agreement may not be assigned without the written consent of PCS. If any provision of this Agreement shall become invalid or
illegal under any provision of applicable law,•the remainder of this Agreement shall not be affected. This Agreement shall be
binding upon both PCS and Buyer,and their respective successors and assigns. This Agreement shall be interpreted in accordance
with the internal laws of the State of Colorado.
www.pcsmobile.com
Page 2
h a radius
of 2009.86 feet a distance of 126.05 feet,
said curve having a long chord which
bears N40'14'36"W, a distance'of 126.03
•feet to a point on the North fine of said
NE 14 of Section 19, thence N87°14'58"E
along said North line of the NE K of _
Section 19; a distance of 2093.65 feet, to
—the point of beginning. •
A copy of said plan is available for public
inspection in the City Clerk's Office.
Public Hearing will be held before the
City Council of the City of Omaha, in the .
Legislative Chambers, Omaha/Douglas Civic
Center, 1819 Famam Street, on November
23,2010 at 2:00 p.m.
BUSTER BROWN,
City Clerk
11-12-10
ces is affected by causes beyond
CH2M HILL will be paid for all authorized work performed up to CH2M HILL's reasonable control, project schedule and
the termination date plus termination expenses, such as, but not compensation shall be equitably adjusted.
limited to, reassignment of personnel, subcontract termination . 16. Dispute Resolution
costs, and related closeout costs. The parties will use their best efforts to resolve amicably any
8. Payment to CH2M HILL dispute, including use of alternative dispute resolution options.
Monthly invoices will be issued by CH2M HILL for all Services 17. Changes
performed under this AGREEMENT. CLIENT shall pay each CLIENT may make or approve changes within the general Scope
invoice within 30 days. Interest at a rate of 1-1/2 percent per of Services in this AGREEMENT. If such changes affect
month will be charged on all past-due amounts. CH2M HILL's cost of or time required for performance of the
In the event of a disputed billing, only that disputed portion will be services, an equitable adjustment will be made through an
withheld from payment, and the undisputed portion will be paid. amendment to this AGREEMENT.
CLIENT will exercise reasonableness in disputing any bill or
FORM 124 1
REVISED: 11/09
,P ,P Ul r H R' O H
O o O o O 01 0 00 CO 0 0 0 ,P J J 0 Co 0
'ij
N O N N 01 A rP 01 Co 0 W 01 -.1 N o 0
's3
i
AYy CZ
0 Cm a, Cp cao 6. cnn co cpn
Cr c G vri CDZ
c G
�J c CM N CAD O n�
g g •G r? O W N
u c g• .. .O-t,, O �co -
0 lCD
O C a c va, "'" 5. O
O
Z �p o c 0 �, .y *�
0 CD
R' N - 41 \
o 'Ell c' n a
J
(� d of iflflI
m A) O
o'
ti r.
Y4
.; i° t 114
ev :t
1.
`•
•
'• . • I
a C
010 Page 7
the date of this quote. Page 2
3-1
' Y
Mayor