RES 2013-1291 - Agmt with OPD & Creighton University for tobacco retailer compliance checks rHA,AT i,� —_ 1 1b Ur :\ j
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City of Omaha j
Jean Stothert,Mayor
Todd R.Schmaderer
Chief of Police
Omaha Police Department
Honorable President "To Serve and Protect"
505 South 15th Street
Omaha,Nebraska 68102-2769
and Members of the City Council, (402)444-5600
fax(402)444-5898
www.opd.ci.omaha.ne.us
Attached for your consideration is a Resolution authorizing the Omaha Police Department to enter
into a Services Agreement with Creighton University wherein the Omaha Police Department will
perform tobacco retailer compliance checks for the time period of July 1,2013,to June 30,2014,in
an amount not to exceed $25,620.00.
Your favorable consideration of this request will be appreciated.
Sincerely,
Todd R. Schmaderer
Chief of Police
P\LAW-CITY COUNCIL DOCUMENTS2013\30126dIm
An Internationally Accredited Law Enforcement Agency
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the Omaha Police Department and Creighton University desire to enter
into a Services Agreement for the purpose of the Omaha Police Department receiving reimbursement
for performing tobacco retailer compliance checks within the City of Omaha for the time period of
July 1, 2013, to June 30, 2014, and in the amount of$25,620.00; and,
WHEREAS, attached hereto as Exhibit "A" is the proposed 2013-2014 Services
Agreement between the City of Omaha and Creighton University; and,
WHEREAS, it is in the best interest of the City of Omaha to approve such Services
Agreement.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT,the Services Agreement between the Omaha Police Department and Creighton
University for reimbursement for performing tobacco retailer compliance checks within the City of
Omaha for the time period of July 1, 2013, to June 30, 2014, and in the amount of$25,620.00
attached hereto as Exhibit"A," is hereby confirmed and approved.
APPROVED AS TO FO •
/3-43
AS SIS ANT CITY ATTORNEY DATE
P\LAW-CITY COUNCIL DOCUMENTS\2013\30127d1m
By 14:6644.
Councilmember
Adopted EP.. 4 2013 . U
'ty Clerk 7 Approve /.20...?
Mayor
SERVICES AGREEMENT
This Services Agreement(this"Agreement")is entered into by and between Creighton University,2500 California
Plaza,Omaha,NE 68178("University"),and the Omaha Police Department, 505 South 15th Street,Omaha,
Nebraska,68102("Contractor").
WHEREAS,University is a member of the Metro Omaha Tobacco Action Coalition("MOTAC")along with Region
6 Behavioral Healthcare("Region 6");and
WHEREAS, Region 6 is the prime recipient of a grant from the Nebraska tobacco settlement fund and has
subcontracted with University to complete a work plan regarding tobacco retailer compliance(the"Work Plan");
and
WHEREAS,University desires to contract with Contractor to perform the tobacco retailer compliance checks in the
City of Omaha that are necessary for the Work Plan;
NOW,THEREFORE,the parties mutually agree as follows:
1. CONTRACT PERIOD
The services specified in this Agreement shall be completed from July 1,2013 to June 30,2014.
2. DUTIES OF THE CONTRACTOR
a. Contractor will conduct tobacco compliance checks with enforcement. Contractor will follow the
standard protocols for tobacco compliance checks set forth by the State of Nebraska through the
Nebraska State Patrol and applicable laws including those on the use of cooperating individuals.
Officers participating in the check will keep scheduled dates and names of those retailers who will be
checked confidential,and will follow all necessary precaution to protect the cooperating individuals
who assist with the compliance checks.
b. For the purposes of completing the tobacco compliance checks,Contractor will be responsible 450
compliance checks per round,with three rounds total within the contract period,totaling 1,350
compliance checks. Contractor will complete one round in each of the last three quarters of the
contract period. University will provide Contractor with a list of licensed tobacco retailers operating
within the city limits of Omaha,Nebraska. Contractor will perform unannounced compliance checks
on the licensed tobacco retailers on the list.
c. Officers will complete the supplied,required reporting form on the compliance checks in its entirety,
providing information on both retailers that comply with the law and those that do not. Contractor will
work with University and April Dixon in the completion of required reporting forms. The completed
forms will be submitted to the University at the following address:
Creighton University
Cardiology
Attn: Tammy Burns,PharmD
3006 Webster Street
Omaha,NE 68131
OPD-TFN Contract
3. PAYMENT FOR SERVICES
a. University shall pay Contractor for the services at the rate of$19.00 per compliance check;this
amount includes personnel wages,supplies,mileage,and any other expenses incurred in the
completion of the compliance checks;provided;however,that the total reimbursement to Contractor
for all services during the term of this Agreement shall not exceed$25,620. Contractor shall send a
detailed invoice for each month in which compliance checks are performed during the term of this
Agreement to the address set forth in Section 2(d)above.The invoice shall be sent within 10 days
following the last day of the month in which the services were provided.
b. Contractor shall use agency vehicles for travel within Omaha. Any mileage that Contractor incurs in
the completion of this Agreement shall not be billed to University.Contractor agrees to purchase and
maintain adequate motor vehicle liability insurance coverage in accordance with the minimums set by
State law and agrees that the University will not provide any insurance coverage for any vehicle
operated by the Contractor.
c. University shall send payment to the Contractor to the following address:
Omaha Police Department
505 South 15th
Omaha,Nebraska,68102
Payment will be made by the University within 20 days of receipt of the detailed invoice from
Contractor.
4. GENERAL PROVISIONS
a. Contractor represents that it is qualified to perform the required services for the University.
b. Contractor shall not have any interest,financial or otherwise,direct or indirect, or engage in any
business or transaction or professional activity or incur any obligation of any nature which is in
conflict with the proper discharge of the duties under this Agreement.
c. Contractor agrees that none of the work performed herein shall be subcontracted out to any other
person or agency. Contractor shall ensure the confidentiality of all records and abide by all federal and
state laws,rules and regulations,as well as applicable professional and ethical standards. Contractor
shall abide by all of the pertinent federal and state laws and regulations related to the affirmative
action,equal employment opportunities,and sexual harassment.
d. Contractor is not an employee of the University,and is not entitled to any benefits or remuneration not
specified in this Agreement.
e. Either party may terminate this agreement upon providing written notice to the other party. If
University terminates the Agreement,payment will be to the Contractor for compliance checks
completed up to the notice of termination.
f. Contractor verifies that it employs citizens of the United States or those lawfully authorized to earn
income from employment services performed in the United States. Contractor agrees to provide
documentation of such upon request from University and further agrees to provide information
requested by University as necessary to issue an IRS form W-9.
g. The parties agree that they 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 or gender identity,political or religious opinions, affiliations or national origin or
disability/handicap in the selection of sub-consultants,including procurement of material and leases of
equipment as recognized under 42 USCS 12101 et seq. and Omaha Municipal Code section 13-89.
OPD-TFN Contract
IN WITNESS THEROF,the parties have duly executed this Agreement as of the dates set forth below.
Omaha Police Department
2
By cis{
Date
Name K_ ��Avto-6 ,--e
Title & y4 Pe , e ` �-..
Cr ighton University
9' 9/15
a leen J.Taggart Date
Associate Vice President r Research and Compliance
Reviewed by the Office of General Counsel
slgnatnre 1 G, c:; 11 t t c �. t 2 APP Y
AS TO FO
Date
ASSISTANT CITY ATTORNEY
ATTEST: CITY OF OMAHA
Buster Brown, City Cler Jean Stothert, May
OPD-TFN Contract
J o/ce
NO. / /
Resolution by
Res. that the Services Agreement between the
Omaha Police Department and Creighton
University for reimbursement for performing
tobacco retailer compliance checks within the
City of Omaha for the time period of July 1,
2013, to June 30, 2014, and in the amount of
$25,620.00 attached hereto as Exhibit "A," is
hereby confirmed and approved.
P\LAW-CITY COUNCIL DOCUMENTS\2013\30127dIm
Presented to City Council
SEP 2 4 2013
Adopted �- o
&ter grown
City Clerk