ORD 39891 - Agmt with Nebraska Humane Society AHA, t��pM NE�� �- N '' I
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City of Omaha
'
Jean Stothert,Mayor
Todd R.Schmaderer
Chief of Police
Omaha Police Department
"To Serve and Protect"
505 South 15th Street
Omaha,Nebraska 68102-2769
(402)444-5600
fax(402)444-5898
Honorable President
www.opd.ci.omaha.ne.us
and Members of the City Council,
The purpose of the attached Ordinance is to approve a three-year agreement with the Nebraska
Humane Society for animal control services for the period 2014-2016. The City will pay the
Nebraska Humane Society $700,000 per year payable in two payments of $350,000 each on
January 1 and July 1 of each of the three years and allow the NHS to retain the license fees
collected annually.
The funding source for these annual payments is Omaha Keno/Lottery Fund 12118, Organization
126021.
Respectfully submitted,
Si& �.
Todd Schmaderer
Chief of Police
Approved as to Funding Referred to the City Council for Consideration:
4- (?4,,11,6 ,3 1-z./(-7i1
Stephen . Curtiss a 1 Mayor's Office/Title Date
Finance Director
p:\law-city council documents\2013\10128dae.doc
An Internationally Accredited Law Enforcement Agency
ORDINANCE NO. tff99/
AN ORDINANCE to approve a three-year agreement between the City of Omaha and the
Nebraska Humane Society for animal control services for the years 2014-2016; to
authorize payments of$700,000 per year for each of the three years as specified therein
from Omaha Keno/Lottery Fund 12118, Organization 126021; and to provide an effective
date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the attached three year agreement for the years 2014-2016 between the
City of Omaha and the Nebraska Humane Society for animal control services in the amount of
$700,000 per year for each of the three years of the agreement is hereby approved.
Section 2. That the Finance Director of the City of Omaha is authorized to pay the cost
hereof from Omaha Keno/Lottery Fund 12118, Organization 126021.
Section 3. That this Ordinance, not being of legislative character, shall be in force and
take effect immediately upon its date of passage.
INTRODUCED BY COUNCILMEMBER
p """13"°`'- APPROVED BY:
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PASSED JAN 2 8 2014 - MAYOR OF THE CITY OF OMAHA Date
ATTEST:
U6Sie? YWctid 1'7,50 --/q
DEPUTY CITY CLERK OF THE CITY OF OMAHA Date
APPROVED AS TO FORM:
• 1L1g1r3
DEPUTY CITY ATTORNEY Date
p:\law-city council documents\2013\10129dae.doc
CONTRACT
THIS CONTRACT is entered into by and between the City of Omaha, a municipal
corporation in Douglas County, Nebraska, sometimes hereinafter referred to as "City," and the
Nebraska Humane Society, a Nebraska non-profit corporation with its principal place of business
at 8929 Fort Street, Omaha,Nebraska 68134, hereinafter referred to as "NHS".
RECITALS
WHEREAS, in furtherance of the health, welfare, and safety of the residents and citizens
of the City of Omaha, the City recognizes the need for control of animals; and,
WHEREAS, the statutes of the State of Nebraska and the ordinances of the City of
Omaha provide laws governing the care and control of animals; and,
WHEREAS, the City has no pound, poundmaster, staff or facilities to enforce said state
laws or city ordinances; and,
WHEREAS, under the provisions of the Omaha Municipal Code, the Mayor and the City
Council are authorized to enter into a Contract for the purpose of providing a shelter, staff, and
facilities and carrying out the enforcement of City ordinances or state laws dealing with animal
care and control; and,
WHEREAS, NHS owns and operates a shelter, maintains a staff and facilities, and is
capable and desirous of providing the City with certain enumerated services to enforce and carry
out the laws and ordinances for the care and control of animals within the limits of the City of
Omaha as defined by the zoning jurisdiction, including annexations thereto, during the term of
this Contract.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. DUTIES OF THE CITY:
The City, in fulfilling the conditions of the Contract for services rendered, agrees and covenants
with NHS as follows:
a. To cooperate with NHS and to furnish the services of the City Law Department,
the Douglas County Health Department, and the Omaha Police Department
whenever, in the sole determination of the City, it shall be necessary to aid in the
enforcement and administration of the City ordinances under Chapter 6 of the
Omaha Municipal Code.
b. To assist NHS with animal license requirements and compliance; provided, pet
license records are the property of NHS.
•
c. To pay NHS the compensation set forth in paragraph 4 hereof.
d. To review and monitor all the activities and functions of the NHS relating to this
Contract.
e. To prescribe accounting systems for records and accounts.
f. To require progress reports, including an annual Contract Completion Report, of
the activities and functions of the NHS.
g. To be responsible for and issue press releases regarding any interruption in
Services, as hereinafter defined, such press releases to be reviewed and approved
by NHS prior to release.
2. DUTIES OF NHS:
In carrying out the terms of this Contract,NHS agrees to provide the following services:
a. To furnish an annual report of its activities to the Chief of Police of the City of
Omaha.
b. To issue licenses required and to enforce and carry out all the licensing
requirements relating to animals under Chapter 6 of the Omaha Municipal Code.
c. To act as poundmaster and to carry out the duties provided under Chapter 6 of the
Omaha Municipal Code, or as hereafter amended, and, within its authority, to
enforce all laws, City ordinances, and rules and regulations of the City of Omaha
and the State of Nebraska relating to the control of animals, both domestic and
wild, except animals considered vermin such as rats or mice, within the city limits
and the area of the three-mile boundary of the City of Omaha, and to utilize the
assistance of the Omaha Police Department in the enforcement of the above laws.
d. To furnish the facilities and services of a shelter, shelter director, and staff to
enforce and administer the provisions of Chapter 6 of the Omaha Municipal Code
and Chapter 28, Article 10 of the Statutes of Nebraska.
e. To be the lead agency for animal control services in disaster situations.
f. To furnish the services as identified on Exhibit "A" hereto and incorporated
herein by reference (the "Services").
3. TERM:
This Contract shall be in full force and effect from the 1st day of January, 2014,
through and including the 31st day of December, 2016.
4. COMPENSATION:
a. In consideration of the services herein provided, the City agrees to pay NHS the sums
specified hereinbelow payable as follows:
January 1, 2014 $350,000.00
July 1, 2014 $350,000.00
January 1, 2015 $350,000.00
July 1, 2015 $350,000.00
January 1, 2016 $350,000.00
July 1, 2016 $350,000.00
b. Further, NHS shall be entitled to a sum equal to one-hundred percent (100%) of the
license fees and impound fees collected annually in accordance with the provisions of
Chapter 6 of the Omaha Municipal Code, and said fees shall be paid and accounted
for in accordance with the terms and provisions of these Code sections.
5. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
Annexed hereto as Exhibit "B", and made part hereof by reference, are the equal
employment provisions of this Contract. Refusal by NHS 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 NHS in
violation until it is determined that NHS 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 NHS demonstrates that it has established and shall
carry out the policies of the program as herein outlined.
6. NON-DISCRIMINATION:
NHS 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, or disability as recognized under 42 USCS § 12101 et seq. and Omaha
Municipal Code § 13-89, political or religious opinions, affiliations, or national origin.
7. CAPTIONS:
Captions used in this Contract are for convenience and are not used in the
construction of this Agreement.
8. 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.
9. 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 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.
10. INTEREST OF THE CONTRACTOR:
NHS covenants that it 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 Contract; it further covenants that, in the performance of this
Contract, no person having any such interest shall be employed.
11. 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.
12. 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.
13. ASSIGNMENT:
NHS may not assign its rights under this Contract without the express prior
written consent of the City.
14. 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.
15. INDEMNIFICATION:
NHS shall indemnify and save harmless the City of Omaha, its officers,
employees, and agents from all claims, suits, or actions of every kind and character made
upon or brought against the said City of Omaha, its officer, employees, and agents for or
on account of any injuries or damages received or sustained by any party or parties as a
result of the negligence of the said NHS or its servants, agents, and subcontractors in
performing the work under this Contract.
16. CODE PROVISIONS:
During the term of this contract, NHS 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 ensure 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 years;
d. Submit a budget to the City Council;
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.
17. 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 progress,
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:
(1) City of Omaha
Todd Schmaderer, Chief of Police
Omaha Police Headquarters
505 South 15th Street
Omaha,NE 68102
(2) Nebraska Humane Society (NHS)
Judy Varner, President/CEO
8929 Fort Street
Omaha,NE 68134
EXECUTED this `3 day of hevemkr , 2013.
ATTEST: NEBRASKA HUMANE SOCIETY (NHS),
a Nebraska Non-Profit Corporation
' By:
Tre 'asurer J y Va r, President/CEO
EXECUTED this �, 2014.
� day of ,�dl�Or� ,
ATTEST: CITY OF OMAHA, a Municipal Corporation
Cl?0, /,30/� By:6 - d--/Lf
Cityk i /4kj
DEPUTY, Cler ,�ty of Omaha Jean Stothert, Mayor
APPROVED AS TO FORM:
iz (413
Deputy City Attorney
•
EXHIBIT "A"
SERVICES PROVIDED TO THE CITY OF OMAHA
BY THE NEBRASKA HUMANE SOCIETY
Stray animal
Pick-up
Housing
Return to owner
License
Production
Tracking
Compliance enforcement
Cruelty
Investigation
Ordinance violation enforcement
Deceased animal pick-up—private and/or public property
Removal of animals killed on roadways
Wildlife
Pick-up of caged wildlife
Capture of wildlife endangering citizens or public safety (i.e. deer running in the
City)
Disaster Preparedness (a member of OMMRS)
Police Assistance
Emergency Response after midnight
Animal rescue
Rabies (animal bites)
Tracking
Quarantine of animals
Dangerous Animal capture and containment
Loose livestock capture—not on owners property
Emergency response
Animal euthanasia
Pet shop inspections
Cattery inspections
Animal attraction inspections
Animal lost and found
Assist and serve as a member of the City Problem Resolution Team
EXHIBIT"B"
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this Agreement, "Contractor" agrees as follows:
(1) Contractor 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. Contractor 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. 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) Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of 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) Contractor shall send to each labor union or representative of workers with which it
has a collective bargaining agreement or other contract or understanding a notice advising the
labor union or worker's representative of 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) Contractor shall furnish to the City 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 City Contract Compliance Officer shall be those which are related
to Paragraphs (1) through (7) of this Exhibit and only after reasonable advance written notice
is given to Contractor. The purpose for this provision is to provide for investigation to
ascertain compliance with the program provided for herein.
(5) Contractor shall take such actions as the City may reasonably direct as a means of
enforcing the provisions of Paragraphs (1) through (7) herein, including penalties and
sanctions for noncompliance; however, in the event 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, Contractor or the
City may request the United States to enter into such litigation to protect the interests of the
United States.
c 4 ,
(6) Contractor shall file, if any, compliance reports with 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 City Contract
Compliance Officer. Compliance reports filed at such times as directed shall contain
information as to the employment practices, policies, programs and statistics of Contractor.
(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 sub-Contractor or vendor.
ORDINANCE NO. 3979/ •
AN ORDINANCE to approve a three-year
agreement between the City of
Omaha and the Nebraska Humane
Society for animal control services
for the years 2014-2016; to authorize
payments of $700,000 per year for
each of the three years as specified
therein from Omaha Keno/Lottery
Fund 12118, Organization 126021;
and to provide an effective date.
p:Uaw-city council documents\2013\10130dae.doc
PRESENTED TO COUNCIL
1st JAN 7 2014
ead"ng
/. 4
PUBLICATIONS Hea ing JAN 1 4 2014 - O
oi,y).,/,ex//aszio/2 —/69 Lioa/Z
4//
PUBLICATION OF HEARING JAN 2 8 2014
Final Reading
Date
Passed O
PUBLICATION OF ORDINANCE
Date —(1-I4- BUSTER BROWN
City Clerk