ORD 33880 - Agmt with UNO for Weed and Seed phase IV, South Omaha expansion project •
��tJIAHA.NFL .
96 A P i -8 P 4j 1'' 0 6 Office of the Mayor
1819 Farnam Street,Suite 300
C �► � Omaha,Nebraska 68183-0300
CITY`s CLERK,, — 'ti• (402)444-5000
°41FD rE.D0** rfA {i�, N):. R A S K f': FAX: (402)444-6059
City of Omaha
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The City of Omaha's Phase IV Weed and Seed Grant has committed $37,500 (as
stated in the request for proposal) to enter into an agreement with the Board of
Regents of the University of Nebraska--University of Nebraska at Omaha and its
Department of Criminal Justice to fund the evaluation of the Omaha,Nebraska Weed
and Seed Phase IV, South Omaha expansion project.
This funding will allow the Department of Criminal Justice to 1) conduct an impact
evaluation that will assess the overall impact/effects of the program elements on the
Weed and Seed expansion neighborhood in South Omaha and its residents; and 2) ,
conduct a process evaluation that focuses on implementation, level of effort, and
other indicators of program performance.
The Department of Criminal Justice will provide the City of Omaha with the results
of the Weed and Seed expansion project evaluation in the form of a comprehensive
report that will be submitted to the City at the end of the contract.
Res.e/' illy sub • d, Approved as to Funding:
/
Hal Daub, Mayor Louis A. D'Ercole
City of Omaha Acting Finance Director
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ORDINANCE NO. , lea
AN ORDINANCE to approve the execution of an agreement between the City of Omaha, a
municipal corporation in Douglas County, Nebraska, and the Board of Regents of the
University of Nebraska, the University of Nebraska at Omaha, involving the payment of
money from appropriations of more than one year in accordance with Section 5.17 of the
Home Rule Charter of the City of Omaha, 1956, as amended; to provide for the payment of
thirty seven thousand five hundred dollars ($37,500.00) in four equal installments on July
1, 1996,January 1, 1997, July 1, 1997 and June 30, 1998; and to provide the effective date
hereof
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. Authority is hereby granted and approval given for the execution of a contract
between the City of Omaha, a municipal corporation, and the Board of Regents of the University of
Nebraska, the University of Nebraska at Omaha, involving the payment of money from
appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of
the City of Omaha, 1956, as amended; whereby the City of Omaha shall pay the aggregate sum of
$37,500.00 in four equal installments, one on July 1, 1996, one on January 1, 1997, one on July 1,
1997, and one on June 30, 1998. Said funds shall be paid from the Weed& Seed Fund 176.
Section 2. That the Mayor of the City of Omaha is authorized to execute and the City Clerk
to attest on behalf of the City of Omaha the agreement entered into between the City and the Board
of Regents of the University of Nebraska,the University of Nebraska at Omaha approved in Section
1 hereof, attached hereto and marked Exhibit 1, and by this reference made a part hereof as if set
forth herein.
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ORDINANCE NO. 33 fig®
Page 2
Section 3. This Ordinance,not being legislative in character, shall be in full force and take
effect immediately upon passage under and by virtue of the authority granted by Section 2.12 of the
Home Rule Charter of the City of Omaha, 1956, as amended.
INTRODUCED BY COUNCILMEMBER
/ Y l APPROVED BY:
/ Y,;
.„/\.y./41.0/9k
• YOR OF THE CITY OF OMAHA
PASSED MAY - 7 1996 9
ATTEST:
I Y CLE F E CIT F OMAHA
APPROVED AS TO FORM:
7tA•44,LAL)
42eig13_
DEPUTY CITY ATTORNEY
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CONTRACT
THIS AGREEMENT is made by and between the City of Omaha, a municipal corporation
in Douglas County,Nebraska,sometimes hereinafter referred to as"City",and The Board of Regents
of the University of Nebraska,The University of Nebraska at Omaha,sometimes hereinafter referred
to as "Contractor",
RECITALS:
The United States Department of Justice, Office of Justice Programs, Bureau of Justice
Assistance, has designated the City of Omaha as a grantee for a Weed and Seed Demonstration
Grant; and,
The National Institute of Justice is conducting a national process evaluation of Operation
Weed and Seed studying how the program has been implemented. The City of Omaha must agree
to participate in both a process and an impact evaluation during the course of the grant period; and,
The Department of Criminal Justice at the University of Nebraska at Omaha is capable and
desirous of performing such a project evaluation.
IN CONSIDERATION OF THESE MUTUAL COVENANTS,THE PARTIES AGREE AS
FOLLOWS:
I. ADDITIONAL CONTRACT PARTS
1. The'Weed and Seed Program Evaluation Design: Omaha, Nebraska Expansion
Neighborhood, 1995, prepared by Vincent Webb and Patrick Gartin; and,
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2. . Correspondence directed to Cameron Lind from Jay A. Marshall consisting of two
pages,together with the ten pages of"Reviewer Comments"; and,
3. Correspondence dated February 12, 1996 from Vincent J. Webb,together with the
seven page Appendix A: Addendum to Weed and Seed Evaluation Design; and,
4. The proceedings of the governing body of the City relating to this project are made
a part of this contract the same as if fully set out herein.
II. SERVICES
The Contractor shall provide all services necessary to fulfill the City of Omaha's
responsibility to provide project evaluation to the Bureau of Justice Assistance.
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III. TERMS
The Contractor shall be paid the sum of$37,500.00 for all services as heretofore described
in four equal installments on July 1, 1996, January 1, 1997, July 1, 1997 and June 30, 1998.
PROVISIONS OF THE CONTRACT
I. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
Annexed hereto as Exhibit"A"and made Part thereof by reference are the equal employment
provisions of this contract. Refusal by the contractor or subcontractor to comply with any portion
of this program as therein stated and described will subject the offending party to any or all of the
following penalties:
A. Withholding of all future payments under the involved contracts to the contractor in
violation until it is determined that the contractor or subcontractor is in compliance
with the provisions of the contract;
B. Refusal of all future bids for any contracts with the City or any of its departments or
divisions until such time as the contractor or subcontractor demonstrates that he has
established and shall carry out the policies of the program as herein outlined.
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II. 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, political or religious opinions, affiliations or national origin.
III. CAPTIONS
Captions used in this contract are for convenience and are not used in the construction of this
contract.
IV. APPLICABLE LAW
Parties to this contract shall conform with all existing and applicable City ordinances,
resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska
law will govern the terms and the performance under this contract.
V. 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 contract. Any
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violation of this section with the knowledge of the person or corporation contracting with the City
shall render the contract voidable by the Mayor or Council.
VI. INTEREST OF THE CONTRACTOR
The Contractor covenants that he presently has no interest and shall not acquire any interest,
director or indirect,which would conflict with the performance of services required to be performed
under this contract;he further covenants that, in the performance of this contract, no person having
any such interest shall be employed.
VII. MERGER
This contract 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.
VIII. MODIFICATION
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.
IX. APPROVAL OF AMENDMENTS
The parties hereto acknowledge that,as of the date of the execution of this agreement,section
10-142 of the Omaha Municipal Code provides as follows: Any amendment to contracts or
purchases which taken alone increases the original bid price as awarded (a) by ten percent, if the
original bid price is one hundred fifty thousand dollars ($150,000) or more, or(b)by seventy-five
thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the
acceptance of any purchase in excess of such limits or the authorization of any additional work in
excess of such limits. However, neither contract nor purchase amendments will be split to avoid
advance approval of the City Council.
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 the City Council. The
provisions of this section will be quoted in all future City contracts. Nothing in this section is
intended to alter the authority of the Mayor under section 5.16 of the City Charter to approve
immediate purchases.
X. ASSIGNMENT
The Contractor may not assign its rights under this contract without the express prior written
consent of the City.
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XI. 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 or change shall be made except upon written
direction from an authorized representative.
XII. CODE PROVISIONS
During the term of this contract the Contractor shall be familiar with and expressly follow.
the provisions of section 10-162 of the Omaha Municipal Code and shall be required to:
A. Maintain records and accounts, including property,personnel, and financial records,
as prescribed by the 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 the City Council 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 of the Contract;
F. Submit to the City Council progress reports on a quarterly basis of all activities and
functions for which funds of the City are received;
G. Submit to the City Council a contract completion report; and,
H. Be subject to all federal and local legislation prohibiting discrimination including
Title VI of the Civil Rights Act, the fair employment practices ordinance and the
provisions of the Home Rule Charter of the City of Omaha, 1956.
XIII. AUTHORIZED REPRESENTATIVE
In further consideration of the mutual covenants herein contained,the parties hereto expressly
agree that for purposes of notice, including legal service of process, during the term of this contract
and for the period of any applicable statute of limitations thereafter,the following named individuals
shall be the authorized representatives of the parties:
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A. City of Omaha
Hal Daub, Mayor
Omaha/Douglas Civic Center
Suite 300
1819 Farnam Street
Omaha,NE 68183
B. Board of Regents of the University of Nebraska,
University of Nebraska at Omaha
Julie A. Totten, Assistant Vice Chancellor for
Business and Finance
University of Nebraska at Omaha
Omaha,Nebraska 68182
EXECUTED this( ? day ofne/LU(J, 1996.
BOARD OF REGENTS OF THE UNIVERSITY
OF NEBRASKA,UNIVERSITY OF NEBRASKA
AT OMAHA
ATTEST:
Cidt.P1.1-) 1.6t./ By C flAI t Ki i -3
Jerie A. Totten, Assistant Vice Chancellor
r Business and Finance
EXECUTED this / ) day of 1996.
J ITY OF OMAHA, a Municipal Corporation
ATTEST: s
V /
By 6,4
ary_Gal ' an Cornet City Clerk Ha Daub, Mayor
PRO ED AS TO FORM:
. (illtAi95
Valli,
Deputy City Attorney
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EXHIBIT "A"
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract,the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment
because of race,religion,color,sex,national origin,or disability as defined by the Americans
With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take
affirmative action to ensure that applicants are employed and that employees are treated
during employment without regard to their race,religion, color, sex or national origin. The
Contractor shall take all actions necessary to comply with the Americans With Disabilities
Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to,
reasonable accommodation. As used herein, the word "treated" shall mean and include,
without limitation, the following: Recruited, whether advertising or by other means;
compensated; selected for training, including apprenticeship;promoted;upgraded; demoted;
downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post
in conspicuous places, available to employees and applicants for employment, notices to be
provided by the contracting officers setting forth the provisions of this nondiscrimination
clause.
(2) The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, religion, color, sex, national origin, or disability as
recognized under 42 USCS 12101 et seq.
(3) The Contractor shall send to each labor union or representative of workers with which he has
a collective bargaining agreement or other contract or understanding a notice advising the
labor union or worker's representative of the Contractor's commitments under the Equal
Employment Opportunity Clause of the City and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4) The Contractor shall furnish to the contract compliance officer all Federal forms containing
the information and reports required by the Federal government for Federal contracts under
Federal rules and regulations,and including the information required by Sections 10-192 to
10-194, inclusive, and shall permit reasonable access to his records. Records accessible to
the Contract Compliance Officer shall be those which are related to Paragraphs (1)through
(7)of this subsection and only after reasonable notice is given the Contractor. The purpose
for this provision is to provide for investigation to ascertain compliance with the program
provided for herein.
(5) The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing the provisions of Paragraphs(1)through(7)herein,including
penalties and sanctions for noncompliance; however, in the event the Contractor becomes
involved in or is threatened with litigation as the result of such directions by the City, the
City will enter into such litigation as necessary to protect the interests of the City and to
effectuate the provisions of this division; and in the case of contracts receiving Federal
assistance, the Contractor or the City may request the United States to enter into such
litigation to protect the interests of the United States.
(6) The Contractor shall file and shall cause his subcontractors,if any,to file compliance reports
with the Contractor in the same form and to the same extent as required by the Federal
government for Federal contracts under Federal rules and regulations. Such compliance
reports shall be filed with the Contract Compliance Officer. Compliance reports filed at such
times as directed shall contain information as to the employment practices, policies,
programs and statistics of the Contractor and his subcontractors.
(7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section,
"Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or
purchase order so that such provisions will be binding upon each subcontractor or vendor.
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BUDGET: Evaluation of Weed and Seed Expansion Area
PERSONNEL:
Process Evaluator (Woods)
$17.30/hour x 390 hours $6,747
Benefits @ 22% $1,484
Doctoral assistants (Impact Evaluation)
$10,400 x 1.5 assistants (no benefits assessed) $15,600
SUPPLIES:
Miscelleaneous office $156
SUBCONTRACTS:
Survey subcontractor TBA $7,000
OTHER:
Tuition and Fees for Doctoral Assistants $3,735
SUBTOTAL DIRECT COSTS: $34,722
INDIRECT COSTS:
Calculated at 8% TDC $2,778
TOTAL CONTRACT $37,500
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