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RES 2017-1279 - Agmt with Steven Jenson Consulting LLC for consulting services r— i c E V i.1 t.� of 0tIIAHA,NZ;5, i"\ m. i, L. Planning Department e l -p." ; Omaha/Douglas Civic Center ,,.r �. a n. t; �`.'3 �.r_t►,=� a�t+`n 2011 } 1819 Farnam Street,Suite 1100 z ( trih Omaha,Nebraska 68183 o f 7, = (402)444-5150 Aopq'� ��4�ro I TY << Telefax(402)444-6140 ED FEBR b 44 P I ;,k F, i,> ,L_.A David K.Fanslau City of Omaha Director Jean Stothert,Mayor November 21, 2017 Honorable President and Members of the City Council, The attached Resolution approves an Agreement between the City of Omaha and Steven Jensen Consulting, L.L.,C., a Nebraska limited liability company, 561.9. S. 169 Street, Omaha, NE 68135, at a rate of One Hundred and no/100 dollars ($100.00) per hour for services which may not exceed Seventy Five Thousand and no/100 dollars ($75,000.00) for January 1, 2018 through December 31, 2018. Funds to be paid from Fiscal Year 2018 General Fund, Fund No. 11111, Administration Organization No. 109011. The agreement provides that Steven Jensen Consulting will provide planning consulting services as determined and assigned by the Planning Director or the Mayor. The result of those activities as detailed in the scope of work will be in the Urban Planning Division relating to general areas of long range planning, current planning, urban design, transportation planning, historic preservation, capital improvement programming, annexation, and project planning. We urge your favorable consideration of this Resolution. Respectfully submitted, Approved: 'i a IIA101/ David.K. Fanslau Date Franklin T. Thompson Date Planning Director Human Rights & Relations Director Approved as to funding: Referred to City Council for Consideration: 012,---- w //' /, `\h I/r )y-7) , --- /e..) Stephen B. Curtiss �QMw Date Mayor's Office Date " Finance Director 2609 dlh PROFESSIONAL SERVICES AGREEMENT `\ THIS AGREEMENT is 'hereby made and entered into this )` day of N O\I t , 241, by and between the City of Omaha, a municipal corporation located at 1819 Farnam Street, Omaha, in Douglas County, Nebraska (hereinafter referred to as the "City"), and Steven Jensen Consulting, L.L.C., a Nebraska limited liability company, 5619 S. 169th Street, Omaha, NE 68135 (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. DESCRIPTION Provider agrees to provide planning consulting services as determined to be needed by the City of Omaha; see Exhibit"A." II. TERM This agreement shall be in full.force and effect from January 1 through December 31, 2018. This contract may be terminated by either party pursuant to the terms of Article X below. III. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in Exhibit "A" attached hereto, for the City. Such services shall be completed within the time period agreed to between the parties. B. Provider.designates Steven Jensen as its 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 services provided 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. D. Provider will withdraw from any current engagement that either does or may involve the City or any regulatory authority that it has. Provider agrees that, during the term of this agreement, it will not provide services of any type to any legal being or entity that involves the City of Omaha or its extra territorial jurisdiction. IV. DUTIES OF CITY City designates David K. Fanslau, Planning Director, as its contact person for this project, who shall provide such written authorizations as are necessary to commence or proceed with the project and various aspects of it. V. COMPENSATION AND PAYMENT A. Time and materials on call shall be charged at a rate of $100.00 per hour. Statements for services and expenses will be submitted on a monthly basis. Fees paid to the provider-for the term of this agreement may not exceed $75,000.00 for the calendar year January . . 1, 2018 through December 31, 2018. The express written consent of the City shall be required in order to exceed said amount. VI. OWNERSHIP All material provided pursuant to the terms of this agreement shall be and 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. INSURANCE REQUIREMENTS Provider shall carry professional liability insurance. IX. INDEMNIFICATION A. To the fullest extent permitted by law, the Provider shall indemnify, defend, and hold harmless the City, its agents and employees, their successors and assigns,individually and collectively, from and against all claims, suits, damages, fines, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the provision of services under this agreement, provided that such claim, suit, damage, fine, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable, regardless of whether or not such claim, suit, damage, fine, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph. B. In claims against any person or entity indemnified under this paragraph by an employee of the Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable, the indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Provider under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. X. TERMINATION OF AGREEMENT This agreement may be terminated by the City or provider upon written notice to the other party of such termination and specifying the effective date at least seven (7) 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. XI. 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. Captions. Captions used in this agreement are for convenience and are not used in the construction of this agreement. C. 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. D. 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. E. 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. F. 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. G. 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. 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 $150,000.00 or more, or(b) by $75,000.00 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 Charter to approve immediate purchases. H. Assignment. The Provider may not assign its rights under this agreement without the express prior written consent of the City. I. Strict compliance. All provisions of this agreement 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 authorized representative. J. Equal employment opportunity clause. Annexed hereto as Exhibit "B" and made a part hereof by reference are the equal employment provisions of this contract. All reference in the said Exhibit 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. K. Work eligibility. 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 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, the following applies: a) The Provider must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us b) If the Provider indicates on such attestation form that he or she is a qualified alien, the Provider agrees to provide the U.S. Citizenship and Immigration Services documentation required to verify the Provider's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. c) 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. EXECUTED this 50 day of 6 6g,b1 , 20 17. Steven Jensen Consulting, L.L.C., Provider bebBy I 0 A 6A 7 Witness v Steven N. Jensen, ger Date EXECUTED this t\ day of ON , 20 [1 . Attest: CITY OF OMAHA, a Municipal Corporation I I zl/l-7_ B1Cu Ems- ) k z► t City Clerk' Date Mayors Office Date APPROVED AS TO FORM: . 01167 20(7- Assistant City Attorney Date EXHIBIT "A" Scope of Work Assist and advise the Planning Director and planning staff in the activities and operation of the Planning Department. Such tasks include, but are not limited to, the activities in the Urban Planning Division related to the general areas of long-range planning, current planning, urban design, transportation planning, historic preservation, capital improvement programming, annexation, and project planning, and other duties as assigned by the Planning Director or Mayor. EXHIBIT "B" 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, age, sexual orientation, gender identity, 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, age, sexual orientation, gender identity, disability 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, age, sexual orientation, gender identity, disability, or national origin, 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. • C-25A CITY OF.. OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Steven Jensen Consulting, L.L.C., a Nebraska limited liability company, 5619 S. 169 Street, Omaha, NE 68135, agrees to provide planning consulting services relating to general areas of long range planning, current planning, urban design, transportation planning, historic preservation, capital improvement programming, annexation, and project planning; and, WHEREAS, the City of Omaha agrees to compensate Steven Jensen Consulting, L.L.C. at a rate of One Hundred and no/100 dollars ($100.00) per hour for services which may not exceed Seventy Five Thousand and no/100 dollars ($75,000.00) from January 1, 2018 through December 31, 2018 for planning consulting services; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the agreement with Steven Jensen Consulting, L.L.C., a Nebraska Limited Liability Company, for planning consulting services in the amount not to exceed Seventy Five Thousand and no/100 dollars ($75,000.00) for January 1, 2018 through December 31, 2018 is hereby approved. Funds shall be payable from FY 2018 General Fund, Fund No. 11111, Administration Organization No. 109011. 2609 dlh APPROVED AS TO FORM: _tc---4-a • ASSISTANT CITY ATTORNEY DATE Aq• rf By Councilmember Adopted NOV 2 �, 2011.1 -D . City Clerk \`\*1-\ 11"- \-1 Aets—>--CUW-13L4- Approved Mayor NO. 1271 Item Submitted By: Jennie Nielsen/Debbie Hightower Department: Planning Council Meeting Date: November 21, 2017 Res. that, as recommended by the Mayor, the agreement with Steven Jensen Consulting, L.L.C., a Nebraska Limited Liability Company, for planning consulting services in the amount not to exceed Seventy Five Thousand and no/100 dollars ($75,000.00) for January 1, 2018 through December 31, 2018 is hereby approved. Funds shall be payable from FY 2018 General Fund, Fund No. 11111, Administration Organization No. 109011. P resented to City Council November 21, 2017 Passed -1 —D elizabeth &tier City Clerk