RES 2004-0477 - Contract with Jeff Miller Associates Inc for police department enhanced information system OMAHA,
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City of Omaha '•:�r'mi�
Mike Fahey,Mayor
Thomas H.Warren,Sr.
Chief of Police
Honorable President Omaha Police Department
505 South 15th Street
Omaha,Nebraska 68102-2769
and Members of the City Council, (402)444-5600
www.opd.ci.omaha.ne.us
Eric W.Buske
Transmitted herewith is a Resolution authorizing the acceptance of the proposal Deputy Chief of Police
to enter into a Contract with Jeff Miller Associates, Inc. in an amount not to Brenda J.Smith
exceed $33,000.00 to assist the Omaha Police Department in the deployment of Deputy Chief of Police
the Enhanced Incident System (EIS) for a term of January 1, 2004 through July Donald W.Thorson
31, 2004. Deputy Chief of Police
The following proposal was received relative to the above mentioned Contract:
CONTRACTOR AMOUNT
Jeff Miller Associates, Inc. in an amount not to exceed$33,000.00
Jeff Miller Associates, Inc. is qualified to perform the services contemplated herein. The Police
Department recommends accepting the proposal of Jeff Miller Associates, Inc. and requests your
consideration and approval of this Resolution. The Contractor has on file a current Annual
Contract Compliance Form (CC-1)
Funds of$33,000.00 have been appropriated in Fiscal Year 2004, through the U.S. Department
of Justice COPS MORE '02 Grant, Fund 12153, Organization 170751, Account 42239. The
Finance Department is authorized to pay the cost from this account.
Respectfully submitted, Referred to City Council for Consideration:
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Thomas H. Warren, Sr. Date M or' ffice Date
Chief of Police
Police Department
Approved as to Funding: Approved:
Stanley P. Ti , Date Gail Kinsey T ompson Date
Finance Dire or � Human Relations Director
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"To Serve and Protect" • A Nationally Accredited Law Enforcement Agency
CONTRACT
THIS CONTRACT is entered into by and between the CITY OF OMAHA, a Municipal
Corporation of the State of Nebraska, hereinafter referred to as "CITY", and Jeff Miller
Associates, Inc., 4808 North 139th Avenue, Omaha, Nebraska 68164.
RECITALS:
WHEREAS, City in furtherance of its statutory authority to promote public health,
welfare and safety of its citizens and residents, is preparing to provide enhanced information
technology and organizational processes for use by law enforcement officials in service to the
citizens of the City of Omaha; and,
WHEREAS, Jeff Miller Associates, Inc. is capable and desirous of providing technology
and organizational process leadership to assist the Omaha Police Department in deployment of
the Enhanced Incident System.
IN CONSIDERATION OF THESE FACTS, THE PARTIES AGREE AS FOLLOWS:
I.
DUTIES OF THE CITY OF OMAHA
CITY, in fulfilling the terms and conditions of this Contract for services rendered, agrees
and covenants with JEFF MILLER ASSOCIATES, INC. to do as follows:
1. To provide Jeff Miller Associates, Inc. with all information upon which the enhanced
information technology and organizational processes will be structured for
implementation purposes.
2. To provide Jeff Miller Associates, Inc. with all documentation pertaining to the enhanced
information technologyand organizational processes.
3. To provide Jeff Miller Associates, Inc. access to the individuals who have knowledge of
the enhanced information technology and organizational processes.
4. To provide Jeff Miller Associates, Inc. with office space and equipment necessary to
perform the duties of this contract.
5. To assist, review and monitor the activities and functions of Jeff Miller Associates, Inc.
relating to this project.
6. To prescribe an accounting system for the expenditure of the funds dispersed hereunder.
7. To pay Jeff Miller Associates, Inc. for services rendered as described in this Contract.
II.
DUTIES OF JEFF MILLER ASSOCIATES,INC.
In carrying out the terms of this Contract, JEFF MILLER ASSOCIATES, INC. agrees to
provide the following services:
1. Provide Functional Testing to the Omaha Police Department Enhanced Incident System
(EIS/RMS) project. Specific tasks for this include, but are not limited to:
• Provide end user testing services to OPD for the deployment of the Enhanced
Incident System.
• Provide project transition coordination services to OPD for purposes of fully
transferring management of the Records Management System project to
DOT.Comm.
• Assist OPD in coordinating requirements development with DOT.Comm for
additional Records Management System functionality.
2. Perform such work within the corporate limits of Omaha and to the reasonable
satisfaction of OPD.
3. Submit to Omaha Police Department a report of the activities and functions of JEFF
MILLER ASSOCIATES, INC. relating to the performance of the Contract in such form
as is acceptable to OPD. The report shall include, identified by name and date, a
complete listing of the name and address of all participants and the total number of hours
worked by the participants in each project. The report shall be submitted to the Omaha
Police Department not later than 5 days from the date JEFF MILLER ASSOCIATES,
INC. last provided services under this Contract.
4. Work under the direction of Eric Buske, Deputy Chief OPD and Terry Lane, Senior
Applications Manager DOT.Comm.
All recommendations made by JEFF MILLER ASSOCIATES, INC. shall be considered
professional counsel, with all final decisions being the responsibility of Client.
III.
TERM
This Contract shall have a term of January 1, 2004 through July 31, 2004, unless both
parties agree upon an extension in writing, not later than five days before contract expiration.
Either party may cancel this contract at any time with 5 working days notice in writing. If
canceled by either party, Jeff Miller Associates, Inc. will provide the CITY with all
documentation, which has been completed or provided to Jeff Miller Associates, Inc. up to the
mutual termination date within a period of no more than 5 working days after contract
terminations.
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IV.
CONSIDERATION
OPD agrees to pay JEFF MILLER ASSOCIATES, INC. at a rate of$90.00 per hour, not
to exceed $33,000.00. Notwithstanding any provisions of this Contract to the contrary, JEFF
MILLER ASSOCIATES, INC. is not obligated to complete the work described in this Contract
for $33,000.00 or less, or by July 31, 2004, or any other date, nor is CITY or JEFF MILLER
ASSOCIATES, INC. obligated to proceed with work once this ceiling or assignment end date is
reached unless the ceiling is increased and/or the assignment is extended in writing beyond July
31, 2004.
JEFF MILLER ASSOCIATES, INC. will submit invoices detailing actual hours worked
on a bi-monthly basis: once on or about on the first day of the month and once on or about the
fifteenth day of the month. These invoices will be due and payable upon receipt.
V.
PROVISIONS OF THE CONTRACT
1. EQUAL EMPLOYMENT OPPORTUNITY
JEFF MILLER ASSOCIATES, INC. has filed the required Annual Contract Compliance
Report Form, CC-1, in the Human Relations Department. Refusal by JEFF MILLER
ASSOCIATES, INC. any subcontractor to comply with any portion of the program as
herein stated and described will subject the offending parting to any of all of the
following penalties:
A. Withholding of all future payments under any involved contracts to JEFF
MILLER ASSOCIATES, INC. until it is determined that JEFF MILLER
ASSOCIATES, INC., or subcontractors, is in compliance with these provisions of
the Contract.
B. Refusal of all future bids or contracts with CITY or any of its departments or
divisions until such time as JEFF MILLER ASSOCIATES, INC., or
subcontractor, demonstrates that is has established and shall carry out the polices
of the programs as outlined.
2. NONDISCRIMINATION
JEFF MILLER ASSOCIATES, INC. 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, creed, color, sex, age, political or religious affiliations,
disability or national origin.
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3. CAPTIONS
All captions used in this Contract are for convenience and are not used in the construction
of this Contract.
4. APPLICABLE LAW
Parties to this Contract shall conform to all existing and applicable local ordinances,
resolutions, state laws, federal laws and all-applicable existing rules and regulations.
Nebraska law will govern the terms and the performance under this Contract.
5. INTEREST OF THE CITY
Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha of 1956, as
amended, no elected official or any officer or employee of CITY shall have a financial
interest, direct or indirect, in any city contract. Any violation of this section with the
knowledge of the person of corporation contracting with CITY shall render the contract
voidable by the Mayor or by the City Council.
6. INTERESTS OF JEFF MILLER ASSOCIATES, INC.
JEFF MILLER ASSOCIATES, INC. covenants that it presently has no interest and shall
not acquire interest, direct or indirect, that would conflict with the performance of
services required to be provided or performed under this Contract; it further covenants
that, in the performance of this Contract, no person having any such interest shall be
employed.
7. MERGER
This Contract shall not be merged into any other oral or written contract, lease or deed, of
any kind or type.
8. MODIFICATIONS
This Contract 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.
9. APPROVAL OF AMENDMENTS
The parties hereto acknowledge that, as of the date of execution of this Contract, any
amendment to contracts shall be approved by CITY and JEFF MILLER ASSOCIATES,
INC.
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The originally approved scope and primary features of a contract or purchase will not be
significantly revised as a result of amendments not approved in advance by CITY and
JEFF MILLER ASSOCIATES, INC.
10. ASSIGNMENT
JEFF MILLER ASSOCIATES, INC. may not assign its rights under this Contract
without express prior written consent of CITY.
11. STRICT COMPLIANCE
All provisions of this Contract and each and every document that shall be attached shall
be strictly complied with as written, and no substitution shall be made except upon
written direction from an authorized representative.
12. CODE PROVISIONS
During the term of this Contract, JEFF MILLER ASSOCIATES, INC. shall be familiar
with and expressly follow the provisions of Section 10-162, Omaha Municipal Code, and
shall be required to:
A. Maintain records and accounts, including property, personnel and financial
records as prescribed by CITY to assure an accounting of all contract expenses;
B. Make such records and accounts available for audit purposes to the Finance
Director, or any other authorized CITY representative;
C. Retain such records and accounts for a period of five (5) years;
D. Submit a budget to CITY which shall constitute the limitations on expenditures
for each category, subcategory and line item of expense;
E. Not exceed the limitations so established and not to shift amounts among line
items without a properly executed modification to this Contract.
13. 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 Contract and for such period of any applicable statute of limitations
thereafter, the following named individuals shall be the authorized representatives of the
parties:
A. City of Omaha, Nebraska
Eric W. Buske, Deputy Chief of Police
Omaha Police Department
Omaha, NE 68102
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•
B. Jeff Miller Associates, Inc.
4808 North 139th Avenue
Omaha,NE 68164
The contract is executed this e2, AN, day of _hi_ /2004, by the City of
Omaha, Nebraska.
Attest: CITY OF OMAHA, NEBRASKA
By
)1)/1.-44 )642,
City Jerk .r' . Mayor
•
` Approve as to Form:
•
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aljaC' y Attorney
Executed this day of 2004, by Jeff Miller Associates, Inc.
Witness: 1 JEFF MILLER ASSOCIATES, INC.
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c-25A _ CITY OF OMAHA
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LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha, under conditions of the U.S. Department of
Justice COPS More '02 grant, has entered into a Contract with Jeff Miller Associates, Inc. to
provide Functional Testing of the Enhanced Incident System (EIS/RMS) for a seven-month
period; and,
WHEREAS, Jeff Miller Associates, Inc., the consultant, will work with the
Omaha Police Department and the DOT.Comm team to provide Functional Testing of the
Omaha Police Department Enhanced Incident System Project so that all elements needed for
deployment are accomplished; and,
WHEREAS, it is in the best interest of the City of Omaha operating under
conditions of the COPS MORE '02 Grant, to accept this Contract to provide technical evaluation
and assistance with the deployment of the Enhanced Information System; and,
WHEREAS, the Mayor has recommended approval of this Contract.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Contract between the City of Omaha and Jeff Miller Associates, Inc.,
as recommended by the Mayor, in an amount not to exceed $33,000.00 for the City of
Omaha/Omaha Police Department Enhanced Information System deployment is hereby
approved; and the Finance Department is authorized to pay the cost in an amount not to exceed
$33,000.00 from Fiscal Year 2004, Fund 12153, Organization 170751, Account 42239 U.S.
Department of Justice COPS MORE '02 grant.
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CITY ATTORNEY DATE
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Approved :_ ?r/•
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