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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 P:\MAY\4010.SKZ I • 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. ,.r • 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 P:\LAW\1900.PJM /411h- 1 . 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, • 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. • • 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. • 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 -2 - 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. - 3 - 4...4, r 0 • 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: - 4 - s.. 0 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 P:\LAW\1898.PJM - 5 - • 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. P:\LAW\1899.PJM • -2- 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 to M ID C Or t... CD 21 `f\ m Z 0 \ h 0 m c a O c.,0 = m- O 0 0 0 CD c z Sv f'� +7+ tJ O O 3 fi -fi CD CD C LC) CD .1.. (/1 to v = fD CI) CD Cr -'• S 7Z) '��,:5 `� ' f D c3 V c+ fa c r 5 < o o Ais i,�. CD 0 J CD A7 CD CD N T Vl -'' z 1 e S ._.. • r,, CD m < C� -, a.<< A- C 7- to ;r CD a \\` }J c C/) C 2 a I - = -1 << Q, 0, 0' = z GU V r iZ -' CD c3 CD O J c+ -�c+ () O \\1 Ia^) a o << ci o_ 0)Lri C fi c << m C3 C71.. t \� c-I- I-• Vl J f+ . 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