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RES 2009-0025 - Agmt with Douglas county health department for comunity heatlh worker and education materials - 0...„ ., , . , 0,4AHA NF �A RI!' °,� R E C W E D rn'.. �' Office of the Mayor �0 '�iNc'3 ;) NY n� .Cl �► F 09 I 4 2 PM 12: 18 1819 Farnam Street,Suite 300 o'r- 'afiz 4g.M," JHOmaha,Nebraska 68183 0300 �i0o,� �yry` (402)444-5000 4TFD FEB4Vr CITY 11 FAX:(402)444-6059 City of Omaha OMAHA, NEB ASKA Mike Fahey,Mayor Honorable President and Members of the City Council, Attached is a resolution to approve an agreement between the City of Omaha and the Douglas County Health Department in the amount of $42,000.00 for a full-time Community Health Worker and education materials for lead outreach in South Omaha. The agreement will be paid from the 2008 Lead-Safe...for Kids' Sake program grant from DuPont. The City of Omaha accepted this grant on October 28, 2008, Resolution No 1485. The agreement period will be from October 1, 2008 to September 30, 2009. Your favorable consideration and adoption of this Resolution is respectfully requested. Respectfully submitted, Approved: llAje,..., A2.-JD_ose f, ,,y./z) ,1,4,..e//i,.34/40/ ike Fahey, /frA / Date Gail Kinse -Thrson ate � P Human Rights &Relations Director Approved as to Funding: Carol A. Ebdon Date Finance Director Tb P:\MAY11017SBC.doc D r-,, po .- sy !d • . . , „ • I r . 1 $. ..h p Cl't.1.`. Councilmember Adopted City Clerk Approved Mayor Debra Benak Date te should be four inches • thick except at apron, which should be six inches thick. Wire mesh should be installed in concrete and slightly raised during pour. 2. Remove and replace three sections of public sidewalk in front of house. Concrete should be minimum of three and one half inches thick, with expansion joint where meeting existing concrete. Electrical 1. Install mast at garage and run power to garage from house. 2. Install GFI outlet in rear to replace existing outlet. Interior / misc. 1 Remove drop ceiling in living room and install drywall ceiling. Smooth finish ceiling and trim where ceiling ties in with existing paneling approx. six inches below new ceiling. 2. Install new flexible metal dryer vent installed into existing rim joist. 3. Remove existing stairway to basement and install new, including bracing, railing, and enclosed' risers.. 3 ',... 7''.%:•:. .. as a component of the City's Environmental Review Record(ERR). Consult the Tier I review listed above for further information as to compliance with other laws and authorities for this HUD-assisted project or program. r Date: /ol, Prepared by: � -� (/! / J Date: , f y ('� ," Q'e Approved by: J E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS AGREEMENT This Agreement is made and entered into this 19th day of November, 2008 by and between the 1, a municipal corporation (herein referred to as "the City") and he Douglas County Health Department, 1819 Farnam Street, Omaha,NE 68183 (hereinafter referred to as "Contractor"). WHEREAS, the City of Omaha has received funds from the US Conference of Mayors in partnership with DuPont to provide the 2008 Lead-Safe ...for Kids' Sake program; and, WHEREAS, the City has agreed to administer the funds from the US Conference of Mayors (hereinafter referred to as"Grant Award"); and, WHEREAS, the City wishes to contract with the Contractor as described below, to obtain the Contractor's services in the implementation of the Grant Award. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City and the Contractor mutually undertake and agree as follows: • I. DUTIES OF THE CONTRACTOR The Contractor agrees to do the following, along with all other obligations expressed or implied in this Agreement: A. The Contractor shall provide the following services and be responsible to provide project requirements as stated in the Grant Proposal,Detailed Budget, and as outlined below: The Contractor will utilize these funds for the full time position of Community Health Worker (CHW)to do outreach in South Omaha and for educational materials Community Health Worker: $40,000.00 Educational Materials: $ 2,000.00 TOTAL: $42,000.00 B. The Contractor shall comply with all reporting, data collection and evaluation requirements, and submit all reporting, data collection and evaluation to the City as required. C. The Contractor will be responsible for all aspects, including day-to-day management, of the Project. The identity of the chief executive of the Contractor and any changes thereof shall be provided to the City. D. The Contractor shall allow the City to have access to the Contractor's records and program site for the purpose of financial and/or program audits, as may be required in the sole discretion of the City or its authorized designee. E. The Contractor will implement and enforce, as to its employees, drug-free workplace policy substantiality similar to the City of Omaha's policy which is on file with the Human Resources Department. II. iling ties in with existing paneling approx. six inches below new ceiling. 2. Install new flexible metal dryer vent installed into existing rim joist. 3. Remove existing stairway to basement and install new, including bracing, railing, and enclosed' risers.. 3 ',... 7''.%:•:. .. as a component of the City's Environmental Review Record(ERR). Consult the Tier I review listed above for further information as to compliance with other laws and authorities for this HUD-assisted project or program. r Date: /ol, Prepared by: � -� (/! / J Date: , f y ('� ," Q'e Approved by: J E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS r1 COMPENSATION The City shall compensate the Contractor in an amount not to exceed $42,000.00 ("Maximum Compensation"). The City shall advance $21,000.00 out of the Maximum Compensation to the Contractor for startup costs, contemporaneous with the execution of this Agreement. Following the execution of this Agreement and during the term of this Agreement only, the City will disburse the remaining Maximum Compensation upon request from the Contractor for costs contemplated and reimbursable under the Project, must include copies of receipts for items listed in budget (requested and matching). Copies of all reimbursement receipts shall be maintained and made available as requested for auditable evidence by the Contractor. All requests for reimbursement shall be submitted to the City of Omaha, Mayor's Office, Gail Braun, Grant Administrator, 1819 Farnam Street, Suite 300, Omaha, Nebraska 68183 with prior approval from the Weed and Seed Coordinator. Any tangible equipment purchased by the Contractor with funds pursuant to this Agreement shall be the property of the Contractor. In the event that the Contractor breaches any provision of this Agreement, the City may, at its sole option, and in addition to any other remedies, withhold the payment of any portion of the Maximum Compensation to the Contractor. III. TERM This Agreement shall become effective on the date of execution. Permissible expenditures under this grant incurred after October i, 2008 will be paid as if they occurred after the effective date. This Agreement shall terminate upon receipt by the City of the final written report from the Contactor, indicating completion of the Project. Either party may immediately terminate this Agreement upon mailing prior written notice thereof to the other party; provided, that in the event of such early termination, the Contractor shall immediately return to the City all unexpended funds advanced to the Contractor under this Agreement. The term of this Agreement is October 1, 2008 to September 30, 2009. IV. INDEMNITY The Contractor covenants and agrees to indemnify and hold harmless the City of Omaha, their officers, agents and employees, their successors and assigns, individually or collectively, from and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature asserted by Contractor or by anyone else, for personal injury or death, or property damage in any way arising out of or resulting from the acts or omissions of the Contractor's employees or agents in performing_pursuant to the terms of this Agreement, and the Contractor further agrees to pay all expenses in defending against any claims made against the City of Omaha provided, however, that the Contractor shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the City, its agents or employees. The Contractor, and the City of Omaha shall give prompt and timely written notice of any claim made or suit instituted which, in any way, directly or indirectly, contingently or otherwise, affects or might affect the other parties. V. -2 - listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS EQUAL EMPLOYMENT OPPORTUNITY CLAUSE The Contractor has filed the required Annual Contract Compliance Report Form, CC-1, in the Human Rights and Relations Department. The Equal Employment provisions of this Agreement are as set forth in the Equal Employment Opportunity clause, which is on file with the Human Resources Department. Refusal by the Contractor or any subcontractor to comply with any portion of this program as herein stated and described will subject the offending party to any or all of the following penalties: A. Withholding of all future payments under the involved Agreement to the Contractor until it is determined the Contractor or subcontractor, is in compliance with the provisions of the Agreement. B. Refusal of all future bids or Agreements with City or any of its departments or divisions until such time as the Contractor, or subcontractor, demonstrates that it has established and shall carry out the policies of the program as herein outlined. VI. NONDISCRIMINATION The Contractor shall not, in the performance of this contract, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, disability, political or religious opinions, affiliations or national origin. VII. CAPTIONS Captions used in this contract are for convenience and are not used in the construction of this contract. VIII. APPLICABLE LAW Parties to this contract shall conform to 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 contract. IX. - 3 - f to the other party; provided, that in the event of such early termination, the Contractor shall immediately return to the City all unexpended funds advanced to the Contractor under this Agreement. The term of this Agreement is October 1, 2008 to September 30, 2009. IV. INDEMNITY The Contractor covenants and agrees to indemnify and hold harmless the City of Omaha, their officers, agents and employees, their successors and assigns, individually or collectively, from and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature asserted by Contractor or by anyone else, for personal injury or death, or property damage in any way arising out of or resulting from the acts or omissions of the Contractor's employees or agents in performing_pursuant to the terms of this Agreement, and the Contractor further agrees to pay all expenses in defending against any claims made against the City of Omaha provided, however, that the Contractor shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the City, its agents or employees. The Contractor, and the City of Omaha shall give prompt and timely written notice of any claim made or suit instituted which, in any way, directly or indirectly, contingently or otherwise, affects or might affect the other parties. V. -2 - listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS INTEREST OF THE PARTIES A. No elected official nor any officer or employee of the City shall, during their tenure and one year thereafter, have a financial interest, direct or indirect, in this Agreement or in any funds transferred hereunder. Any violation of this section shall render the Agreement voidable by the City or the Contractor. B. The Contractor,covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance required to be performed under this Agreement; it further covenants that, in the performance of this Agreement, no person having any such interest shall be employed. X. WARRANTY AS TO COMMISSIONS Contractor warrants that it has not employed any person to solicit or secure the Agreement upon any agreement for commission,percentage,brokerage, or contingent fee. XI MERGER This Agreement shall not be merged into any other oral or written contract, lease or deed of any type. This is the complete and full agreement of the parties. XII. 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. XIII. ASSIGNMENT Neither party may assign its rights under this Agreement without the express prior written consent of the other party. XIV. -4 - the terms and the performance under this contract. IX. - 3 - f to the other party; provided, that in the event of such early termination, the Contractor shall immediately return to the City all unexpended funds advanced to the Contractor under this Agreement. The term of this Agreement is October 1, 2008 to September 30, 2009. IV. INDEMNITY The Contractor covenants and agrees to indemnify and hold harmless the City of Omaha, their officers, agents and employees, their successors and assigns, individually or collectively, from and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature asserted by Contractor or by anyone else, for personal injury or death, or property damage in any way arising out of or resulting from the acts or omissions of the Contractor's employees or agents in performing_pursuant to the terms of this Agreement, and the Contractor further agrees to pay all expenses in defending against any claims made against the City of Omaha provided, however, that the Contractor shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the City, its agents or employees. The Contractor, and the City of Omaha shall give prompt and timely written notice of any claim made or suit instituted which, in any way, directly or indirectly, contingently or otherwise, affects or might affect the other parties. V. -2 - listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS CONTRACT DOCUMENTS Contractor is responsible for review of and compliance with each of the terms of this Agreement. The parties agree that this Agreement shall include, as if fully set forth herein, the Program Narrative and Detailed Budget. XV. - 5 - ferenced vehicle unit. Sid Dillon submitted two pricing options. Option 1 was the apparent low bidder at $23,997. However, Option 1 required that the front coil and rear leaf springs be changed to meet the vehicle GVW rating specification. It was the opinion of the Fleet Management Division and the vendor who would be providing equipment to be mounted on the chassis that this was unacceptable as an option. Therefore, the recommendation from this Division is that the bid to be awarded to the second low bid from the Omaha Truck Center in the amount of$27,995. • z / < , C deiter°-- Mayor 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) CITY OF OMAHA Mike Fahey, Mayor 1819 Farnam Street, Ste 300 Omaha,Nebraska 68183 Contact: Gail Braun, Grant Administrator Ph: 402-444-5286 Fax: 402-444-6059 (b) CONTRACTOR Douglas County Health Department Attn: Audi Pour 1819 Farnam Street Omaha,NE 68183 Ph: 402 444-7471 EXECUTED this /57Z day of 03'-je,/,9# .y , 200 ?' CITY OF OMAHA,NEBRASKA DOUGLAS CO. HEALTH DEPARTMENT )14-jc24 Mike Fahey, Mayor ate ! Adi M. Pour, PhD, Health Director Date ATTEST: f • Douglas County Board of Health ,/3A9 %/1sAr lister Brown, City Clerk Date Lawrence S. Albert Date President APPROVED AS'TO FORM: Douglas County Board of Commissioners Op/14/C /• Dept City Attorney Date Commissioner Clare Duda Chair /74,04,,,,z0; Deputy Co ttorney Date - 6 - d to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. XIII. ASSIGNMENT Neither party may assign its rights under this Agreement without the express prior written consent of the other party. XIV. -4 - the terms and the performance under this contract. IX. - 3 - f to the other party; provided, that in the event of such early termination, the Contractor shall immediately return to the City all unexpended funds advanced to the Contractor under this Agreement. The term of this Agreement is October 1, 2008 to September 30, 2009. IV. INDEMNITY The Contractor covenants and agrees to indemnify and hold harmless the City of Omaha, their officers, agents and employees, their successors and assigns, individually or collectively, from and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature asserted by Contractor or by anyone else, for personal injury or death, or property damage in any way arising out of or resulting from the acts or omissions of the Contractor's employees or agents in performing_pursuant to the terms of this Agreement, and the Contractor further agrees to pay all expenses in defending against any claims made against the City of Omaha provided, however, that the Contractor shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the City, its agents or employees. The Contractor, and the City of Omaha shall give prompt and timely written notice of any claim made or suit instituted which, in any way, directly or indirectly, contingently or otherwise, affects or might affect the other parties. V. -2 - listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS City of Omaha—Office of the Mayor US Conference of Mayors -DuPont 2008 Lead-Safe ...for Kids' Sake Grant Program Timeline: October 1, 2008 to September 30,2009 In 2004, Omaha became the largest residential Superfund site in the country as a result of high lead levels in yards. While the EPA is currently remediating yards in Omaha, blood lead levels in Omaha continue to rise and outreach efforts to target at risk populations need improvement. Through this grant, Spanish-speaking Latinos in South Omaha, where the majority (67%) of the Latino population of Omaha resides, will be targeted with education, lead hazard mitigation and outreach to promote lead poisoning prevention. In 2006, an EPA-funded study was performed by the University of Nebraska-Omaha in conjunction with the Latino Center of the Midlands, an Omaha-based advocacy organization located in South Omaha. The study surveyed 645 Spanish-speaking Latinos living in South Omaha. In response to the question of whether lead poisoning is a problem in their neighborhood 20% indicated it is not and 25% indicated that they did not know. The combination of poverty, older housing and cultural barriers to services make South Omaha very vulnerable to lead poisoning. For example, in zip code 68108, 78% of the houses were built before 1978, 23% of the population (14,146) are below the poverty level and 4.6% of the 738 children tested for lead in 2006 had an elevated blood lead level (>10 Ng/dL). The Douglas County Health Department, which works closely with the City, through this grant will fund a full-time community health worker(CHW) who does outreach in South Omaha. The CHW will travel to clinics in South Omaha to provide education on lead hazards and the importance of having children tested for lead. This grant will allow this critical service to continue and expand to include the distribution of 100 home dust testing kits. The kits can be used by the family or the CHW to test for lead dust on window sills and floors. The results are analyzed by a lab and the results are sent to the property owner. Omaha Healthy Kids Alliance, an Omaha nonprofit for lead poisoning prevention currently operates a dust kit program and will assist with this program. The City of Omaha is currently in the third year of a lead-based paint hazard control grant and first year of a lead hazard reduction grant though HUD. Both are three-year, $2,000,000 grants that target low-income owner occupied and rental housing. This project will leverage funds from the City's HUD grant to target homeowners and renters in South Omaha. The CHW will refer people to the City's HUD grant program to provide lead hazard control services to properties where lead is found using the dust kits. Coordination with the EPA Superfund program will be leveraged since homes where yards have been remediated may also qualify for stabilization of the paint on the exterior of the home. Funds from this grant will also be used to assist in the creation of the Omaha Lead-Safe Window program. OHKA and a community development organization (New Community Development Corporation) will use the funds for the start-up administration and coordination of the program which will leverage EPA funding, nonprofit funds and private funding in Omaha. The CHW will refer clients to this window program once it is up and running. 9/30/2008 City of Omaha—Office of the Mayor US Conference of Mayors-DuPont 2008 Lead-Safe ...for Kids'Sake Grant Page 1 of 2 TIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS . J • City of Omaha—Office of the Mayor US Conference of Mayors - DuPont 2008 Lead-Safe ...for Kids' Sake Grant Budget Item Partner/s Leverage Cost Output Outcome Full-time Douglas DCHD DCHD $40,000 Outreach to 500 Critical service County Health families and 100 dust continues. Lead Department kits distributed to poisonings • (DCHD) families at clinics in prevented. Community Health South Omaha. Children Worker plus benefits Twenty(20)referrals screened for to City and lead-safe lead. window program. Administration and OHKA OHKA $12,000 40 units provided Lead-safe coordination of NCDC NCDC window replacements housing units Omaha Lead-Safe EPA in first year. created. Window Program City of Omaha Dust kits OHKA/DCHD OHKA $3,000 100 dust kits Create distributed awareness and prevent lead poisonings Educational DCHD/OHKA $2,000 Lead-safe program Create Materials materials to 500 awareness and families prevent lead poisonings Technical CECLP $3,000 Assistance/Capacity Building Funding Strategies Total Project Cost $60,000 Douglas County Health Department(DCHD) Agreement $42,000 Omaha Healthy Kids Alliance (OHKA) Agreement $15,000 New Community Development Corporation(NCDC) Coalition to End Childhood Lead Poisoning (CECLP)Agreement $ 3,000 $60,000 9/30/2008 City of Omaha—Office of the Mayor US Conference of Mayors-DuPont 2008 Lead-Safe ...for Kids'Sake Grant. Page 2 of 2 dust testing kits. The kits can be used by the family or the CHW to test for lead dust on window sills and floors. The results are analyzed by a lab and the results are sent to the property owner. Omaha Healthy Kids Alliance, an Omaha nonprofit for lead poisoning prevention currently operates a dust kit program and will assist with this program. The City of Omaha is currently in the third year of a lead-based paint hazard control grant and first year of a lead hazard reduction grant though HUD. Both are three-year, $2,000,000 grants that target low-income owner occupied and rental housing. This project will leverage funds from the City's HUD grant to target homeowners and renters in South Omaha. The CHW will refer people to the City's HUD grant program to provide lead hazard control services to properties where lead is found using the dust kits. Coordination with the EPA Superfund program will be leveraged since homes where yards have been remediated may also qualify for stabilization of the paint on the exterior of the home. Funds from this grant will also be used to assist in the creation of the Omaha Lead-Safe Window program. OHKA and a community development organization (New Community Development Corporation) will use the funds for the start-up administration and coordination of the program which will leverage EPA funding, nonprofit funds and private funding in Omaha. The CHW will refer clients to this window program once it is up and running. 9/30/2008 City of Omaha—Office of the Mayor US Conference of Mayors-DuPont 2008 Lead-Safe ...for Kids'Sake Grant Page 1 of 2 TIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, as recommended by the Mayor, the sum of Forty-Two Thousand Dollars ($42,000.00) has been allocated from the DuPont 2008 Lead-Safe...for Kids' Sake program grant for the Douglas County Health Department, to be used for a full-time Community Health Worker and education materials for lead outreach in South Omaha, during the project period of October 1, 2008 and September 30, 2009, and; WHEREAS, the Douglas County Health Department will hire a full-time Community Health Worker and purchase education materials for lead outreach in South Omaha. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, this Council does hereby ratify the City of Omaha to accept the agreement with the Douglas County Health Department, in the amount of Forty-Two Thousand Dollars ($42,000.00), from the DuPont 2008 Lead Safe...for Kids' Sake program grant, for a full-time Community Health Worker and education materials for lead outreach in South Omaha during the project period of October 1, 2008 to September 30, 2009. APPROVED AS TO FORM: 07/144/(-- C Y ATTORNEY DATE By... ... Counc... '� Councilmember Adopted JAN 1 3- 2009 p. City Clerk/�s/p9 r . Approve aa412„...' Mayor 000 Douglas County Health Department(DCHD) Agreement $42,000 Omaha Healthy Kids Alliance (OHKA) Agreement $15,000 New Community Development Corporation(NCDC) Coalition to End Childhood Lead Poisoning (CECLP)Agreement $ 3,000 $60,000 9/30/2008 City of Omaha—Office of the Mayor US Conference of Mayors-DuPont 2008 Lead-Safe ...for Kids'Sake Grant. Page 2 of 2 dust testing kits. The kits can be used by the family or the CHW to test for lead dust on window sills and floors. The results are analyzed by a lab and the results are sent to the property owner. Omaha Healthy Kids Alliance, an Omaha nonprofit for lead poisoning prevention currently operates a dust kit program and will assist with this program. The City of Omaha is currently in the third year of a lead-based paint hazard control grant and first year of a lead hazard reduction grant though HUD. Both are three-year, $2,000,000 grants that target low-income owner occupied and rental housing. This project will leverage funds from the City's HUD grant to target homeowners and renters in South Omaha. The CHW will refer people to the City's HUD grant program to provide lead hazard control services to properties where lead is found using the dust kits. Coordination with the EPA Superfund program will be leveraged since homes where yards have been remediated may also qualify for stabilization of the paint on the exterior of the home. Funds from this grant will also be used to assist in the creation of the Omaha Lead-Safe Window program. OHKA and a community development organization (New Community Development Corporation) will use the funds for the start-up administration and coordination of the program which will leverage EPA funding, nonprofit funds and private funding in Omaha. The CHW will refer clients to this window program once it is up and running. 9/30/2008 City of Omaha—Office of the Mayor US Conference of Mayors-DuPont 2008 Lead-Safe ...for Kids'Sake Grant Page 1 of 2 TIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS • ! I. IiiiI wO.��• o CDO. �t c"V r cr CD CA ' ° G> -. (n (D ,r. fv 3 c) .16 n \ g• rt '' 5 c3 T g q n iv �, • "' 5- , • * til1 However, Option 1 required that the front coil and rear leaf springs be changed to meet the vehicle GVW rating specification. It was the opinion of the Fleet Management Division and the vendor who would be providing equipment to be mounted on the chassis that this was unacceptable as an option. Therefore, the recommendation from this Division is that the bid to be awarded to the second low bid from the Omaha Truck Center in the amount of$27,995. • z / < , C deiter°-- Mayor