RES 2017-1279 - Agmt with Steven Jenson Consulting LLC for consulting services r— i c E V i.1
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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