RES 2019-0119 - Interlocal Agmt with OPS for joint database negotiating and purchasing 215 S.15th St. I Omaha,NE 68102 I TEL 402.444.4800 I FAX 402.444.4504 I omahalibrary.org
gal Omaha Laura Marlene
:1. Public Executive Director
J .�+, Library
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Honorable President `.`cry
and Members of the City Council:
Transmitted herewith is a Resolution approving an Interlocal Cooperation Agreement between
the City of Omaha and Omaha Public Schools (Douglas County School District 0001). The City,
through Omaha Public Library, and Omaha Public Schools desire to jointly negotiate for and
jointly purchase databases for the benefit of both the City and Omaha Public Schools, and
ultimately the citizens of the Omaha metro. There will be no exchange of funds with this
Agreement, as the parties each agree to pay for their own expenses in accordance with the
provisions of each respective vendor contract. The term of this Agreement is for five (5) years.
The Library Department requests your consideration and approval of this Resolution.
Respectfully submitted, Approved:
L ura Marlane Date Franklin Thompson - Date
Library Director Human Rights and Relations Director
Referred to City Council for Consideration:
Mayor's Office Date
1200j 1g
City Clerk Office Use Only:
Publication Date (if appli ble):
RESOLUTION NO. II
Agenda Date:
Department:
Submitter:
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Interlocal Cooperation Act of the State of Nebraska (Neb. Rev.
Statutes § 13-801 through 13-807) enables separate political subdivisions of the State to cooperate
on the basis of mutual advantage to provide for joint undertakings, service and facilities, in a manner
and pursuant to forms of governmental organization that will accord the best geographic, economic,
population, and other factors influencing the needs and developments of local communities; and,
WHEREAS, said Act specifically allows that any powers, privileges, or authorities
exercised by any single agency or political subdivision of the State may be exercised and enjoyed
jointly with any other such subdivision; and,
WHEREAS, acting through their governing bodies, the City, through Omaha Public
Library, and Omaha Public Schools (Douglas County School District 0001) desire to jointly negotiate
for and jointly purchase databases for the benefit of both the City and Omaha Public Schools, and
ultimately the citizens of the Omaha metro; and,
WHEREAS, there will be no exchange of funds, as the parties each agree to pay for
their own expenses; and,
WHEREAS, the Agreement with be for a term of five (5) years.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, as recommended by the Mayor, the attached Interlocal Cooperation Agreement
between the City of Omaha and Omaha Public Schools (Douglas County School District 0001),
allowing for the joint negotiating and purchasing of databases, is hereby approved.
1201 jlg APPROVED AS TO FORM:
Adopted: F �'
rfEgl 5 mg• A4, CI Y ATTORNEY DATE
7
Attest:
City er
Approved:
N_G Mayor
, 'T1
INTERLOCAL COOPERATION AGREEMENT BETWEEN •
THE CITY OF OMAHA AND OMAHA PUBLIC SCHOOLS •
THIS AGREEMENT is made and entered into on the dates indicated below, by and
between the CITY OF OMAHA, a Political Subdivision of the State of Nebraska, organized and
existing pursuant to the Laws of the State of Nebraska (hereinafter called "the City"), and
DOUGLAS COUNTY SCHOOL: DISTRICT 0001, also known as the OMAHA PUBLIC
SCHOOLS, a Political Subdivision of the State of Nebraska, organized and existing pursuant to
the Laws of the State of Nebraska, (hereinafter called "OPS").
WHEREAS, the Interlocal Cooperation Act of the State of Nebraska, being specifically
Nebraska Revised Statutes Sections 13-801 through and including 13-807, enables separate
political subdivisions of the State to cooperate on the basis of mutual advantage to provide for.
joint undertakings, service and facilities, in a manner and pursuant to forms of governmental
organization that will accord with best geographic, economic, population, and other factors
influencing the needs and developments of local communities; and,
WHEREAS, said Act specifically allows that any powers, privileges, or authorities
exercised by any single agency or political subdivision of the State may be exercised and
enjoyed jointly with any other such subdivision; and
WHEREAS, acting through their governing bodies, the City, through the Omaha Public
Library (hereinafter "OPL") and OPS desire to jointly negotiate for and jointly purchase
databases for the benefit of both the City and OPS, and ultimately citizens of Omaha.
IT IS THEREFORE,AGREED BY AND BETWEEN THE PARTIES HERETO THAT:
In consideration of these mutual promises, in order to provide for improving the service,
operation, and use of libraries throughout the City, the City and OPS hereby agree to cooperate
negotiating and jointly purchasing databases for the benefit of both the City and OPS, and
ultimately citizens of Omaha as more particularly described below.
1. GENERAL PROVISIONS
a) NEGOTIATED SERVICES
The City and OPS agree to work cooperatively with various vendors in
order to obtain the best pricing for the citizens of Omaha and OPS. Except
as otherwise hereinafter set forth, such Library products or services shall
only encompass functions and duties of the type coming within the
jurisdiction of and customarily rendered by the Omaha Public Library and
the OPS. .
b) COMPLIANCE WITH CITY CHARTER
Such cooperative purchasing is in compliance with Omaha Municipal
Code Sect. 10-111 which allows the City to join with other units of
government within the state for procurement of materials, equipment,
1
work or services.
c) NO EMPLOYMENT RELATIONSHIP
Both parties understand and agree that this Agreement does not create an
employer/employee relationship between the City and OPS. Any and all
acts that City or OPS or their personnel, employees, agents, or contractors
perform pursuant to the terms of this Agreement shall be undertaken as
employees of his/her employer and not as employees of the other. The
parties are responsible for acquiring and maintaining Workers'
Compensation and Unemployment Insurance coverage as required by state
law for its employees, officers and agents, and for the payment of all
federal, state, local and any other applicable payroll taxes with respect to •
said employees' compensation. Neither party shall have the authority to
bind the other by or with any contract or agreement, nor to impose any
liability upon the other. All acts and contracts of each shall be in its own
name and not in the name of the other,unless otherwise provided herein.
2. TERM
This Agreement shall be for a term of five years beginning on December 1, 2018,
provided however, that either party may cancel said Agreement in their sole and
absolute discretion by providing written notice to the other party ninety (90) days
prior to the date of cancellation. In the event either party elects to cancel this
Agreement, each party shall be responsible for fulfilling its respective obligations
under any then-existing vendor contract for the remainder of the term of such
contract.
3. FUNDING AND ADMINISTRATION
The purpose of the Agreement is to increase cooperative effort between the
parties hereto in connection with certain the acquiring certain services for the public
and school library systems.However, no separate administrative entity is created to
administer this Agreement and no joint financing or budget is established for the
same.
4. NON-DISCRIMINATION
In accordance with Omaha Municipal Code Sec. 1-192, the Parties agree to comply
with the terms of the City's Equal Opportunity Clause attached hereto as Exhibit A.
The Parties further agree that they will comply with the non-discrimination provisions
of Neb.Rev.Stat. §48-1122.
5. AMENDMENTS
This Agreement may be modified only by written amendment, duly executed by
•
authorized officials of the Parties. No alteration or variation of the terms and
2
conditions of this Agreement shall be valid unless made in writing and signed by the
Parties hereto. Every amendment shall specify the date on which its provisions shall
be effective.
6. NEW EMPLOYEE WORK ELIGIBILITY STATUS
The Parties are required and hereby agree 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 United States Code Section 1324a, known as the E-Verify Program, or an
equivalent federal program designated by the United States Depai!Anent of Homeland
Security or other federal agency authorized to verify the work eligibility status of a
newly hired employee.
7. PUBLIC BENEFITS
No Party is an individual or sole proprietorship, and, therefore, no Party is subject to
the public benefits attestation and related requirements of Nebraska Revised Statutes
Sections 4-108 through 113.
8. INDEMNIFICATION
Each Party will indemnify, defend and hold harmless the other Party from any and all
liability, expense, cost, attorney's fees, claim, judgment, suit and/or cause of action
(whether or not meritorious), settlement, or demand for personal injury, death or •
damage to tangible property which may accrue against the other Party to the extent it
is caused by the negligent.acts or omissions of the Indemnifying Party, its officers,
employees, agents, or subcontractors while performing their duties under this
Agreement, provided that the other Party gives the Indemnifying Party prompt, •
written notice of any such claim, suit, demand or cause of action. The other Party
shall cooperate in the defense or settlement negotiation of such claim, suit, demand or
cause of action.
The provisions of this section shall survive expiration or termination of this
Agreement.
These Indemnification provisions are not intended to waive a Party's sovereign
immunity. A Party's liability is governed by and limited to the extent provided by the
Nebraska Political Subdivision Tort Claims Act or other applicable provisions of law.
9. FEES
There will be no exchange of funds. The Parties each agree to pay for their own
expenses in accordance with the provisions of each respective vendor contract.
3
10, NOTICES
Any notice required by any provision of this Agreement shall be deemed to have been
sufficiently given when delivered in person or by courier or delivery service, or when
deposited in any form of United States mail, all postage or other charges prepaid, at
the addresses set forth at the beginning of this Agreement.
Any notice from either party to the other shall be made in writing directly to the other
party's address stated below or to such other address to the other party:
Omaha Public Schools: Superintendent
Omaha Public Schools
Teacher Administrative Center
3215 Cuming Street
Omaha,NE 68131
City of Omaha: Library Director
Omaha Public Library
215 S. 15th Street
Omaha,NE 68111
11. MISCELLANEOUS
The failure to enforce or to require the performance at any time of any of the
provisions of this Agreement shall not be construed to be a waiver of such provisions,
and shall not affect either the validity of this Agreement or any part hereof or the right
of any party thereafter to enforce each and every provision in accordance with the
terms of this Agreement. This Agreement shall be construed in accordance with the
laws of the State of Nebraska. The foregoing constitutes the entire agreement of the
parties as to the subject matter hereof.
MADE and EXECUTED by and through the undersigned officers of the dates
indicated below. n
EXECUTED this 19 day of i t UV E.vk61E-4,2018.
Dougl• C S trict 0001
By:
Title: Sc3 411S
4
•
EXECUTED this day of 4 ."1
ATTEST CITY OF OMAHA
ity Clerk ten . Mayor of•'aha
ACTING
Approved as to orm
•
Aity Attorney
•
EXHIBIT A
EQUAL OPPORTUNTIY CLAUSE
During the performance of this contract,the contractor agrees as follows:
1) The contractor shall not discriminate against any employee applicant for employment because of race,
religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The contractor shall
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. 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 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, sexual orientation, gender identity or national origin, age, disability.
3) The contractor shall send to each 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 human rights and relations director all federal forms containing the
information and reports required by the federal government for federal contracts under federal rules and
regulations, including the information required by section 10-192 to 10-194, inclusive, and shall permit
reasonable access to his records. Records accessible to the human rights and relations director 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 of 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 is necessary to protect the
interests of the city and to effectuate these 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 human rights
and relations director. 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.
NO. ,22,0l..-I R
Item Submitted By: Jenna Garcia
Department: Library
Council Meeting Date: February 5, 2019
Res. that, as recommended by the Mayor, the attached Interlocal Cooperation
Agreement between the City of Omaha and Omaha Public Schools (Douglas County
School District 0001), allowing for the joint negotiating and purchasing of databases, is .
hereby approved.
Presented to City Council •
February 5, 2019
APPROVED 7-0
8lIzabetl1 t& der
City Clerk