RES 2018-0883 - Agmt with Caroline Gillan Consulting for transition assistance OMAHA,A'Z'
�4`I� RECEIVED• Law Department
U ^�c�r, �' Omaha/Douglas Civic Center
��jAr t , N.
2 i ��. e h 1819 Farnam Street,Suite 804
0®23 �r �' 20, '$ �EP: (!'' Omaha,Nebraska 68183-0804
to y. (402)444-5115
R440 FE9RVr4 FAX:(402)444-5125
City of Omaha 1r I T Y C L, - Paul D.Kratz
Jean Stothert,Mayor af�A#iA ��: ��Sa KA: City Attorney
Honorable President
and Members of the City Council,
The attached Resolution approves the Professional Services Agreement-Transition Assistance
between the City of Omaha, Nebraska, a Municipal Corporation, and Caroline Gillan Consulting,
to commence on September 1, 2018 through December 31, 2018. The Agreement provides
that Caroline Gillan Consulting will perform services to assist the City and its newly retained
employees with applications for, monitoring of, and administrating the City's federal grants. The
result of these activities will be to allow for proper completion Of grant and grant paperwork while
training the newly retained employees. It is not contemplated that these services will be
continuous, but will be sporadic as needed.
The Agreement contemplates that Caroline Gillan Consulting will be compensated at a rate of
fifty dollars ($50) per hour for their services which may not exceed fifty thousand dollars
($50,000) per calendar year. It is contemplated that funds necessary to pay for the Professional
Services Agreement-Transition Assistance will come from 2018 Budget-General-Fund 11111,
Organization 107024, 42239 (Professional Fees-Other).
The Mayor recommends your approval of this Agreement.
Re Ily su • , Referred to City Council for Consideration:
Q111‘\ i ? /-'
_. ..)(4,%..,— cDt() TM, l -7_,/10/
Bernard J. in den Bosch _ Date Mayor's Office/Title. Date 1
Deputy City Attorney
Approved as to Funding:
L /6 gt6"---
or
Ste h n B. Curtiss D e
2018\20329seI
City Clerk Office Use Only:
Publication Date(' a icable):
RESOLUTION NO. i '
Agenda Date:"1
Department:
Submitter:
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha has developed a robust program of applying, monitoring, and
administering federal and other grants for the benefit of the citizens of the City of Omaha; and,
WHEREAS, the City's grant programs are administered out of the Mayor's Office; and,
WHEREAS, there recently has been significant turnover in the staff in the Mayor's Office which
is responsible for applying for, monitoring, and administering federal and other grants; and,
WHEREAS, the Mayor's Office entered into a Professional Services Agreement with Caroline
Gillan Consulting to provide assistance with a recent audit of the City's grant programs and related
matters since then; and,
WHEREAS, the Mayor's Office feels it is necessary to continue to engage Caroline Gillan
Consulting to assist in monitoring grant functions and to assist newly retained City staff on the
applications for, monitoring of, and administering the City's federal grants; and,
WHEREAS, it is in the best interest of the citizens of Omaha to enter into this Professional
Services Agreement-Transition Assistance with Caroline Gillan Consulting in order to ensure that all
functions related to federal grants are transitioned appropriately.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, the Mayor is authorized to sign and the City Clerk to attest the attached Professional
Services Agreement-Transition Assistance between the City of Omaha and Caroline Gillan Consulting for a
period from September 1, 2018 to December 31, 2018 at an hourly rate of $50.00 per hour, plus the
reimbursement of costs and funding for such Agreement shall come from 2018 Budget-General Fund 11111,
Organization 107024, 42239 (Professional Fees-Other).
BE IT FURTHER RESOLVED:
THAT, any payment to Caroline Gillan Consulting for services prior to September 1, 2018 in
excess of twenty thousand dollars ($20,000) are hereby ratified and to be paid from 2018 Budget-General
Fund 11111, Organization 107024, 42299 (Reimbursement Professional Services).
City ffi
PublicationClerkO Datece Use(if applicableOnly: ):
'
RESOLUTION NO. U Q JJ�j
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Agenda Date: ci J�)/I Q
Department: tA,)
Submitter:kY1/L1 Ifl 1 V t'
APPROVED AST .
� I, 19
DEPU CITY ATTORNEY A E
2018\20329se1
Adopted:
SEP 1 8 2018 —ID
Atte&pwçcYCIerk4
AVM
Approved:
Mayor
•
PROFESSIONAL SERVICES AGREEMENT—TRANSITION ASSISTANCE
THIS AGREEMENT is hereby made and entered into this ay of J i'L P , 2018,
by and between the City of Omaha, Nebraska, a municipal corporation locates at 1819 Farnam
Street, Suite 300, Omaha, in Douglas County, Nebraska (hereinafter referred to as the "City"),
and Caroline Gillan Consulting, 975 East 11 Avenue, Vancouver, British Columbia V5T2E8
(hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth
herein below.
The City and Provider agree as set forth below:
I. PROJECT NAME AND DESCRIPTION
Provider agrees to perform services to assist the City and its newly retained employees
with applications for, monitoring of, and administering the City's federal grants. There has
recently been a significant turnover in City staff performing functions relative to federal grants
and Provider will assist in training City staff and insuring an appropriate transition in duties. It is
anticipated that Provider may provide services remotely and in Omaha. When City requires
services in Omaha, Provider will come to Omaha as Provider's schedule allows.
II. TERM
This Agreement shall be in full force and effect from September 1, 2018 to December 31,
2018. This Agreement replaces any prior Agreement between the parties. Services under any
prior Agreement have concluded.
III. DUTIES OF PROVIDER
A. Provider agrees to perform professional services, including training of City staff
and others on applications for, monitoring of, and administering the City's federal grants
program. Provider shall either prepare or assist in the preparation of documentation necessary
for this purpose. Such services shall be completed within the time period specified therein.
B. Provider designates Caroline Gillan as its project manager and contact person for
this project.
C. Provider agrees to maintain records and accounts, including personnel, financial
and property records, sufficient to identify and account for all costs pertaining to the project and
certain other records as may be required by the City to assure a proper accounting for all project
funds. These records shall be made available to the City for audit purposes and shall be retained
for a period of five years after the expiration of this agreement.
IV. DUTIES OF CITY
A. City designates Marty Bilek, Mayor's Chief of Staff, as its contact person for this
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project, who shall provide such written authorizations as are necessary to commence or proceed
with the project and various aspects of it.
B. City shall provide Provider with adequate workspace to perform such services,
including a desk and telephone when City requires Provider to be in Omaha.
V. COMPENSATION AND PAYMENT
A. The cost of services shall be up to but shall not exceed a total of$50,000 which total shall
not include reimbursable expenses. Provider shall be paid an amount of $50.00 per hour for
services. Such payment shall be made within thirty (30) days of the receipt of an invoice from
Provider. In addition to payment for services performed, City shall reimburse Provider for any
travel expenses associated to coming to Omaha when requested by City and any travel expenses
incurred while in Omaha. While in Omaha, Provider shall also be reimbursed for any lodging
expenses, which shall not exceed $125.00 per night. Also, Provider shall receive a per diem of
$45 per day while Provider is in Omaha for food and beverage. Provider shall submit any claim
for reimbursable expenses with its monthly invoices.
VI. OWNERSHIP
All material provided shall become the property of the City.
VII. ADDITIONAL SERVICES
In the event additional services for the aforementioned project not covered under this
agreement are required, Provider agrees to provide such services at a mutually agreed upon cost.
VIII. TERMINATION OF AGREEMENT
This agreement may be terminated by the City upon written notice to the Provider of such
termination and specifying the effective date at least fifteen (15) days prior to the effective date
of such termination. In the event of termination, the Provider shall be entitled to just and
equitable payment for services rendered to the date of termination, and all finished or unfinished
documents, maps,models, reports or photographs shall become, at the City's option, its property.
IX. GENERAL CONDITIONS
A. Nondiscrimination. Provider shall not, in the performance of this agreement,
discriminate or permit discrimination in violation of federal or state laws or local ordinances
because of race, color, sex, age, sexual orientation, gender identity, political or religious
opinions, affiliations or national origin.
B. New Employee Work Eligibility Status. The Provider is required and hereby
agrees to use a federal immigration verification system to determine the work eligibility status of
new employees physically performing services within the State of Nebraska. A federal
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immigration verification system means the electronic verification of the work authorization
program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program
designated by the United States Department of Homeland Security or other federal agency
authorized to verify the work eligibility status of a newly hired employee.
If the Provider is an individual or sole proprietorship located in the United States, the following
applies:
1 The Provider understands and agrees that lawful presence in the United States is required
and the Provider may be disqualified or the contract terminated if such lawful presence cannot be
verified as required by Neb. Rev. Stat. §4-108.
C. Captions. Captions used in this agreement are for convenience and are not used
in the construction of this agreement.
D. Applicable law. Parties to this agreement 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
agreement.
E. 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 agreement. Any violation of this section with the knowledge of the person
or corporation contracting with the City shall render the agreement voidable by the Mayor or
Council.
F. Interest of the Provider. The Provider covenants that he presently has no interest
and shall not acquire any interest, direct or indirect, which would conflict with the performance
of services required to be performed under this agreement; he further covenants that in the
performance of this agreement, no person having any such interest shall be employed.
G. Merger. This agreement shall not be merged into any other oral or written
agreement, lease or deed of any type. This is the complete and full agreement of the parties.
H. 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.
I. Assignment. The Provider may not assign its rights under this agreement without
the express prior written consent of the City.
J. Strict compliance. All provisions of this agreement and each and every document
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that shall be attached shall be strictly complied with as written, and no substitution or change
shall be made except upon written direction from authorized representative.
K. Equal employment opportunity clause. Annexed hereto as Exhibit "A" and made
a part hereof by reference are the equal employment provisions of this contract. All reference in
Exhibit "A" to "Contractor" shall mean "Provider." Refusal by the Provider 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:
(1) Withholding of all future payments under the involved contracts to the Provider in
violation until it is determined that the Provider is in compliance with the provisions of the
contract;
(2) Refusal of all future bids for any contracts with the City or any of its departments or
divisions until such time as the Provider demonstrates that he has established and shall carry out
the policies of the program as herein outlined.
EXECUTED this day of , 2018.
Caroline Gillan Consulting, Provider
By C.6-c .( N
Witness
EXECUTED this c2 day of S , 2018.
ATTEST: CITY OF OMAHA, a Municipal Corporation,
gig* „44,_ ithd—(3)2DM
pEpwESCity Clerk, it of Omaha Jean Stothert, Mayor
APPROVED AS TO FORM:
1 f w 41Il311
Deputy City Attorney
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EXHIBIT"A"
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract, the Provider agrees as follows:
(1) The Provider shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, sexual orientation, gender identity, disability or
national origin. The Provider shall ensure that applicants are employed and that employees
are treated during employment without regard to their race, religion, color, sex, sexual
orientation, gender identity, or national origin. As used herein,the word "treated" shall mean
and include, without limitation,the following: recruited, whether by advertising or by other
means; compensated; selected for training, including apprenticeship; promoted; upgraded;
demoted; downgraded; transferred; laid off; and terminated. The Provider 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 Provider shall, in all solicitations or advertisements for employees placed by or on
behalf of the Provider, state that all qualified applicants will receive consideration for
employment without regard to race, religion, color, sex, sexual orientation, gender identity
or national origin, age, disability.
(3) The Provider 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 Provider'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 Provider 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 Provider. The purpose for
this provision is to provide for investigation to ascertain compliance with the program
provided for herein.
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(5) The Provider shall take such actions with respect to any sub-Provider 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 Provider 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 Provider or the City may request the United States to enter into such litigation '
to protect the interests of the United States.
(6) The Provider shall file and shall cause his sub-Providers, if any,to file compliance
reports with the Provider 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 Provider and his sub-Providers.
(7) The Provider 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 sub-Provider or vendor.
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NO.
Item Submitted By: Bernard in den Bosch/Sunny La Puzza
Department: Law
Council Meeting Date: September 18, 2018
Res. that, the Mayor is authorized to sign and the City Clerk to attest the Professional Services
Agreement-Transition Assistance between the City of Omaha and Caroline Gillan Consulting for
a period from September 1, 2018 to December 31, 2018 at an hourly rate of $50.00 per hour,
plus the reimbursement of costs and funding for such Agreement shall come from 2018 Budget-
General Fund 11111, Organization 107024, 42239 (Professional Fees-Other). (Any payment to
Caroline Gillan Consulting for services prior to September 1, 2018 in excess of $20,000,00 are
hereby ratified and to be paid from 2018 Budget-General Fund 11111, Organization 107024,
42299 (Reimbursement Professional Services).)
Presented to City Council
September 18, 2018
APPROVED 7-0
eltzabetll &tler
City Clerk