ORD 36723 - Agmt with DVCC to implement training programs at YWCA I
~'*. FpMAHA,n,4,.
��
rRECEIVES
•- Office of the Mayor
`j", %.t 1819 Farnam Street,Suite 300
z �� 0 . .�U�. —7 PM 3�
�®.�.�' �! l� Omaha,Nebraska 68183-0300
(402)444-5000
°aT ��?� CITY [ FAX:(402)444-6059
FD FEBR
City of Omahai +jai
Mike Fahey,Mayor
1 Pr
esident
e P esident
and Members of the City Council,
Attached is an Ordinance authorizing the City of Omaha to accept Professional Services
Agreement between the CITY OF OMAHA and The Domestic Violence Coordinating Council _ .
(DVCC). The funding for this program comes from Office On Violence Against Women, U.S.
Department Of Justice Office Of Justice Programs Grant Award No. 2003-EW-BX-0002 in the
amount of$300,000.00 approved by the City Council on December 2nd 2003. Funding for this
project extends from October 1, 2003 to September 30, 2005.
The DVCC will develop and implement two one-day training programs in.Douglas County.
The Finance Department will have the authority to pay for this project from Fund 12152,
Organization 130765.
Your favorable consideration and adoption of this Ordinance is respectfully requested.
Respectfully submitted, Approved:
,,,-- Atlejnq' o a 6 ,z3--a(-/
Mike Fahey, Mayor Date Gail Kinsey Thompson je..74. Date
Human Relations Director
Approved as to Funding: `
Carol A. Ebdon Date
f Finance Director Tp
P:\MAY\10863pjm.doc
1
I 1
s.
ORDINANCE NO. 3 (o 7 . 3
AN ORDINANCE to approve the Professional Services Agreement between the CITY OF
OMAHA and the DOMESTIC VIOLENCE COORDINATING COUNCIL (DVCC)
under the Training Grants to Stop Abuse and Sexual Assault Against Older Individuals
Grant Award #2003-EW-BX-0002 from the U.S. Department Of Justice Office Of Justice
Programs, Office On Violence Against Women. The DVCC will work with the YWCA
to develop and implement two one-day training programs; these appropriations involve
more than one fiscal year in conformity with Section 5.17 of the Home Rule Charter;
providing for payment from a specific account; and, providing for the effective date
hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That, as recommended by the Mayor, approval is hereby given to the
Professional Services agreement in the amount of$10,000.00 between the DVCC and the CITY
OF OMAHA; a copy of such Professional Services Agreement is attached and by this reference
made a part hereof.
Section 2. The Professional Services agreement period extends for a two-year period
commencing the date of October 1, 2003. In conformity with Section 5.17 of the Home rule
Charter, approval of this grant, involving appropriations of more than one year from receipts of
grant funds and expenditures as outlined in the grant, are hereby authorized.
Section 3. That funds used in completing the requirements of this grant will be paid from
Fund 12152,Organization 130765.
ORDINANCE NO. (56,� 3
Page 2
Section 4. That this ordinance being administrative in character shall be in full force and
take effect immediately upon passage.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
/ .
�/
AY OF THE CITY OF OM TE
PASSED AUG - 3 2004 4t5
ATTEST:
f
e' I
CIT CLERK OF THE CITY-OF OMAHA D TF
APPR D AS TO FORM:
dati d724V
CITY ATTO Y DATE
P:\MAY\10864pjm.doc
AGREEMENT
This Agreement is made and entered into this 3 rd day of , 2004 by
and between the City of Omaha, a municipal corporation (herein referred to s "the City") and
the Domestic Violence Coordinating Council of Greater Omaha (DVCC) (hereinafter
referred to as "Contractor").
WHEREAS, the City of Omaha has received funds from the United States Department of
Justice, Office of Justice Programs, Office on Violence Against Women, under the latter
department's FY2003 Training Grants to Stop Abuse and Sexual Assault Against Older
Individuals or Individuals with Disabilities Program; and,
WHEREAS, the City has agreed to administer the FY2003 Training Grants to Stop
Abuse and Sexual Assault Against Older Individuals or Individuals with Disabilities Program;
and,
WHEREAS, the City wishes to contract with the Contractor as described below, to obtain
the Contractor's services in the implementation of the FY2003 Training Grants to Stop Abuse
and Sexual Assault Against Older Individuals or Individuals with Disabilities Program award.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the City and the Contractor mutually undertake and agree as follows:
I.
DUTIES OF THE CONTRACTOR
The Contractor agrees to do the following, along with all other obligations expressed or
implied in this Agreement:
A. The Contractor shall provide the following services and be responsible to provide
project requirements as stated in the FY2003 Training Grants to Stop Abuse and Sexual Assault
Against Older Individuals or Individuals with Disabilities Program application and outlined
below:
The Domestic Violence Coordinating Council (DVCC) working with the YWCA will
develop and implement two one-day training programs in Douglas County on recognizing and
responding to elder abuse, domestic violence and sexual assault in later life, working with local
organizations and national experts to create a nationally replicable curriculum.
The DVCC will provide staff to participate on the curriculum development team, review
materials, advertise the training, recruit training participants, and participate in the training. This
grant will not supplant non-federal funds. DVCC will receive $10,000.
DVCC Advisor 250 hours x $40/hr $10,000
fi
The DVCC will comply with all Grant Award Special Conditions. Semi-annual progress
reports that describe project activities must be submitted within 30 days after the end of the
reporting periods, which are January 1 — June 30 and July 1 — December 31 for the life of the
award and the final report, which provides the a summary of progress toward achieving the goals
and objectives of the award, significant results, and any products developed under the award, is
due 120 days after the end of the award. All reports will be submitted to the Project Coordinator
B. The Contractor will comply with all of the guidelines and requirements of the
Department of Justice, Office of Justice Programs, Office on Violence Against Women, FY2003
Training Grants to Stop Abuse and Sexual Assault Against Older Individuals or Individuals with
Disabilities Program Violence Against Women Office, which are applicable to this Project
specifically. Annexed hereto as Exhibit "A" are the City of Omaha Elder Abuse/Sexual Assault
Training Partnership Grant Narrative, Detailed Budget and Grant Award Special Conditions.
C. The Contractor shall submit to the City progress reports. Progress reports must be
submitted within 15 days after the end of the reporting periods, for the life of the award and
during the term of this Agreement. Each progress report shall contain a general narrative stating
the project goals, objectives and the performance-based outcomes of the grant.
D. The chief executive of the Contractor will be responsible for all aspects, including
day-to-day management, of the Project. The identity of the said chief executive, and any
changes thereof, shall be provided to the City.
E. The Contractor shall allow the City's authorized designee to have access to the
Contractor's records and program site for the purpose of financial and/or program audits, as may
be required in the sole discretion of the City or its authorized designee.
F. The Contractor will implement and enforce, as to its employees, a drug-free
workplace policy identical to the City of Omaha's policy, a copy of which is attached as Exhibit
"B" and incorporated by this reference herein.
II.
COMPENSATION
The City shall transfer funds to the Contractor in an amount not to exceed, under any
circumstances, $10,000.00 ("Maximum Compensation"). The City shall advance $5,000.00 out
of the Maximum Compensation to the Contractor for startup costs, contemporaneous with the
execution of this Agreement. Following the execution of this Agreement and during the term of
this Agreement only, the City will advance funds to the Contractor, out of the remaining
Maximum Compensation, to reimburse the Contractor for costs contemplated and reimbursable
under the Project. All reimbursement receipts shall be maintained and made available as
requested for auditable evidence by the Contractor. All requests for reimbursement shall be
submitted to the City of Omaha, Finance Department, Don Drazdys, Accountant, 1819 Farnam
Street, 10th Floor, Omaha, Nebraska 68183.
- 2 -
4
Any tangible equipment purchased with funds advanced under this Agreement shall
remain the property of the City.
In the event that the Contractor breaches any provision of this Agreement, the City may,
at its sole option, and in addition to any other remedies, withhold the payment of any funds to the
Contractor.
III.
TERM
This Agreement shall become effective on the date executed. Permissible expenditures
under this grant incurred after October 1, 2003 will be paid as if they occurred after the effective
date. This Agreement shall terminate upon receipt by the City of the final written report from the
Contractor, indicating completion of the Project; provided that in no event shall the term of this
Agreement exceed eighteen months from its effective date. Either party may immediately
terminate this Agreement upon mailing written notice thereof to the other party; provided, that in
the event of such early termination, the Contractor shall immediately return to the City all
unexpended funds advanced to the Contractor under this Agreement.
IV.
INDEMNITY
The Contractor covenants and agrees to indemnify and hold harmless the City of Omaha,
their officers, agents and employees, their successors and assigns, individually or collectively,
from and against all liability for any fines, claims, suits, demands, actions or causes of action of
any kind and nature for personal injury or death, or proper damage in any way arising out of or
resulting from the acts of the Contractor's own employees or agents, and the Contractor further
agrees to pay all expenses in defending against any claims made against the City of Omaha based
on the acts of the Contractor's employees or agents. The Contractor, and the City of Omaha shall
give prompt and timely written notice of any claim made or suit instituted which, in any way,
directly or indirectly, contingently or otherwise, affects or might affect the other parties.
V.
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
The Domestic Violence Coordinating Council is an Equal Opportunity Employer and
does not, and agrees not to, discriminate in recruitment, hiring, transfer,promotion,
compensation, development, and termination of its employees on the basis of race, color, sex,
age, marital status, national origin,handicap, religious beliefs, religious or political affiliations,
veteran's status or other protected category as required by applicable Federal, State and local
laws.
Refusal by the Contractor 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:
- 3 -
A. Withholding of payment under this Agreement to the Contractor until it is
determined that the Contractor is in compliance with the provisions of the contract;
B. Refusal to all future offers for any agreements with the City until such time as the
Contractor demonstrates that it has established and shall carry out the policies of the program as
herein outlined.
VI.
NONDISCRIMINATION
The Contractor 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, disability,political or religious opinions, affiliations or national origin.
VII.
CAPTIONS
Captions used in this contract are for convenience and are not used in the construction of
this contract.
VIII.
APPLICABLE LAW
Parties to this contract shall conform to 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.
IX.
CONFLICT OF INTEREST
A. No elected official nor any officer or employee of the City shall, during their
tenure and one year thereafter, have a financial interest, direct or indirect, in this contract or in
any funds transferred hereunder. Any violation of this section shall render the contract voidable
by the City or the Contractor.
B. The Contractor covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which would conflict with the performance 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.
- 4 -
X.
WARRANTY AS TO COMMISSIONS
Contractor warrants that it has not employed any person to solicit or secure the
Agreement upon any agreement for commission,percentage, brokerage, or contingent fee.
XI.
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.
XII.
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.
XIII.
ASSIGNMENT
Neither party may assign its rights under this contract without the express prior written
consent of the other party.
XIV.
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 process, 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:
(a) CITY OF OMAHA
Office of the Mayor
1819 Farnam Street, Suite 300
Omaha,Nebraska 68183
(402) 444-5000 Fax: (402) 444-6059
- 5 -
(b) CONTRACTOR
Domestic Violence Coordinating Council of Greater Omaha
ATT: Joan Skogstrom, Executive Director
8990 West Dodge Road, Ste 205
Omaha, Nebraska 68114
Ph: 402) 398-9928
EXECUTED this '71- day of gaiad-- , 20 D/.
77
CITY OF OMAHA, NEBRASKA DOMESTIC VIOLENCE COORDINATING
COUNCIL I_ - IF ATER OMAHA
/Ai AM
hui-124 4 f/ ofre• ANA AMP/ft
S. • Cle/
Mike Fahey, Mayor IIate Jo. l iirldirivirector Date
ATTEST: 4110
;-: ', ,. a: S/�o
Buster Brown, City Clerk at
APPROVED AS TO FORM:
da(i. A sistant City Attorney to
- 6 -
t• � ':, U.S. Department of Justice
Office of Justice Programs •
Office on Violence Against Women
Office of Justice Programs ttavhing„n.D.C. 203/
September 30,2003
Ms.Gail Braun
City of Omaha
I819 Famant Street
Suite 300
Omaha, NE 68 1 83-0 300
Dear Ms. Braun:
I am pleased to inform you that the Office of Just ice Programs has approved the application for funding under the Training
Grants to Stop Abuse&Sexual Assault of Older Individuals or Individuals with Disabilities in the amount of S300.000 for City
of Omaha. This grant award provides a unique opportunity to provide targeted training for law enforcement officers.
prosecutors,and relevant officers of Federal.State.tribal and local courts on recognizing.investigating.and prosecuting
instances of elder abuse.neglect,and exploitation and violence against individuals with disabilities.including domestic
violence and sexual assault.
Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements,including the timely submission of all financial and programmatic reports.resolution of all interim audit
findings,and the maintenance ofa minimum level ofeash-on-hand. Should you not adhere to these requirements,you will
be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award,please contact:
- Program Questions.Janice A.Green,Program Manager at(202)616-6728;and
- Financial Questions,the Office of the Comptroller.Customer Service Center(CSC)at
(800)458-0786,or you may contact the CSC at askoc«•ojp.usdoj.gov.
Congratulations,and we look forward to working with you.
Sincerely,
Diane M.Stuart
Acting Director,Office on Violence Against Women
cc: Deborah Daniels
Enclosures
•
••
U.S.DEPARTMENT OF JUSTICE •
7 OFFICE OF JUSTICE PRO(1RAMS
PALE I OF 3
F.II Office on Violence Grant
Against Women
I.RECIPIENT NAME AND ADDRESS(Including Zip Code) a.AWARD NUMBER: 2.003•EW-13X-0002
. . _ . .
City of Omaha
IN 19 Famam Street Suite 300 5.PROJECT PERIOD.FROM 11101 2003 TO IN-30 2005
Omaha.NE MIlf13-11300
BUDGET PERIOD.FROM 1001 20113 TO 09-30 201)5
6.AWARD DATE 119.•30 2110:4 7.ACTION
1 A GRANTEE IRSNENDOR NO. 0,SUPPELNIENT NUMBER Initial
476111163114
9,PREVIOUS AWARD AMOUNT Si)
3.PROJECT TITLE Ill.ANIOCNT OF 1111S AWARD S 3110.iniu
FY 20U3 Training Grants to Stop Abuse and Se‘nal Assault Against
Older Indrviduals or Indisidnals Ihsabilines Program II.101 Al.AWARD S Smoot,
12.SPECIAL CONDITIONS
THE ABOVE GRANT Ntonci IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTII
ON TIE ATTACHED 2 PAGF.(S).
•
•
13.STATUTORY AUTHORITY FOR GRANT
• This project is sopponed under The Violence Aomnst Women Act of 2011(E Public Lau 1116-3s6
•
15.METHOD OF PAYMENT •
PAPRS
AGENCY APPROVAL GRANTEE ACCEPTANCE
16.TYPED NAME AND TITLE OF APPROVING 01P OFFICIAL I K.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Diane M.Stuan Gail Braun
Grant Coordinator •
Acting Director.Office on Violence Against Women
17.SIGNATURE OF APPROVING 01POFFICIAL 19.S NATURE OF AUTHORIZED RECIPIENT OFFICIAL I9A.DATE
• ‘r 7:;„4, to
I C(03 1
.
AGENCY USE ONLY
20.ACCOUNTING CLASSIFICATION CODES 21. EWII3Dounl5
•
FISCAL FUND BUD. DI'.'.
YEAR CODE ACT. OFC. KEG. SUB. PON1S AMOUNT
X II E 1111 ui num.
WI'FORM anilll 2 IKEA'.5-S7)PHEVIOLS EDI-1 IONS ARE OBSOLETE.
•
(EU'I 0RN1 anon 2(REV,4.s5i
•
•
•
•
•
._ aoola t� US.DEPARTMENT OF JUSTICE r r
,.1r �.. AWARD CONTINUATION
OFFICE OF JUSTICE PROGRAMS SHEET PALL _ OF 3
Fpi
,,
KC• ''•�!1' ' Office on Violence Grant
•t7r
Against Women
PROJECT NUMBER 2003-Ew-H\-W02 AWARD DATE 09 30'2ntt3
SPECIAL CONDITIONS
I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of
the Office of Justice Programs(OJP)Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is
required to submit one pursuant to 28 C.P.R.Section 42.302).that is approved by the Office for Civil Rights,is a
violation of its Certified Assurances and may result in suspension or termination of funding.until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133.Audits of States,
Local Governments,and Non-Profit Organizations.as further described in the current edition of the OJP Financial
Guide,Chapter 19.
4. The grantee agrees to comply with all relevant statutory and regulatory requirements including.but not limited to.the
Violence Against Women Act of 1994.P.L. 103-322.the Violence Against Women Act of 2000.P.L. 106-386.the
Safe Streets Act.42 U.S.0 3711 et seq..and STOP Violence Against Women Formula and Discretionary Grants
Program Final Rule,28 CFR Part 90. 1
5. (a)The grantee agrees to submit semiannual progress reports that describe project activities during the reporting
period. Progress reports must be submitted within 30 days after the end of the reporting periods.which are January
I-June 30 and Julyl -December 31 for the life of thc award.Future awards and fund drawdowns will be withheld if
the progress reports arc delinquent.Two copies of the report should be submitted to the Office of Justice Programs
Office of the Comptroller,Ann:Control Desk.Room 5303.810 7th Street,NW,Washington.DC 20531.(b)A final
report,which provides a summary of progress toward achieving the goals and objectives of the award,significant
results,and any products developed under the award,is due 120 days after the end of the award.Future awards and
fund drawdowns will be withheld if the final report is delinquent.The report should be submitted to the Office of
Justice Programs Office of the Comptroller.Ann:Control Desk.Room 5303,810 7th Street.NW,Washington.DC
20531.
6. The grantee shall include in each progress report that it submits to the Office on Violence Against Women the
cumulative number of persons trained,the number of participants that are law enforcement officers.prosecutors,and
relevant court officers,the number of traittings that addressed the victimization of older individuals and those that
addressed individuals with disabilities.
7. In accordance with the Goverment Performance and Results Act(GPRA).Public Law 103-62.which addresses
the collection and reporting of performance measurement data,and the program effectiveness initiatives of OVW.the
grantee agrees to report to OVW.in its progress reports,information pertaining to the outcomes or benefits of grant
funded activities.including increased skills,new knowledge,and changed attitudes or values.The information must
he valid and auditahle.The grantee also agrees to cooperate nn ith OV W and thc National Institute of Justice on
officially-sponsored initiatives to measure the effectiveness of their programs.
UJI'Fr;R\l-limo'rHL\'. -psi
A.
c
:.•'',,,4 'ra,';, U.S.DEPARTMENT OF JUSTICE
AWARD CONTINUATION Fy OFFICE OF JUSTICE PROGR,\x1S
, SHEET PAGE 3 OF 3
•"F _! Office on Violence
Grant
Against Women
PROJECT NUMUER 21103-EW-Dx.Ot)02 AWARD DATE 09.312103
SPECIAL CONDITIONS
R. The recipient agrees to submit quarterly financial reports on Standard Fonts SF 269A. These reports will be
submitted within 45 days after the end of the calendar quarter,and a final report is duc 120 days following the end of
the award period. The reports shall be submitted to the Office of Justice Programs.Office of the Comptroller.Ann:
Control Desk,Room 5303,810 7th Street.N.W.,Washington.D.C.211531.
9. The grantee agrees to submit for OVW review and approval any anticipated addition of.removal of.or change in
collaborating partner agencies or individuals who are signatories of the Memorandum of Understanding.and if
applicable.the Internal Memorandum of Agreement. i
10. The grantee agrees to allocate project funds as designated by the Office on Violence Against Women for allowable
costs to participate in OVW-sponsored technical assistance.Funds designated for OVW-sponsored technical
assistance may not be used for any other purpose without prior approval of OVW. Technical assistance includes.but
is not limited to,peer-to-peer consultations,focus groups.mentoring site visits.conferences and workshops
conducted by OVW-designated technical assistance providers or OVW-designated consultants and contractors.
I I. New grantees agree to send its project coordinator to an O\'W technical assistance orientation seminar.Similarly,all
new project coordinators,regardless of prior experience with this project or any other project,agree to attend an
OVW technical assistance orientation seminar.
12. The grantee agrees to submit one copy of all reports and proposed publications resulting from this agreement twenty
(20)days prior to public release for OVW review and approval.Any publications(written.visual,or sound).whether
published at the grantee's or government's expense.shall contain the following statements:"This project was
supported by Grant No. awarded by the Office on Violence Against Women.Office of Justice
Programs,U.S.Department of Justice.Points of view in this document are those of the author and do not necessarily
represent the official position or policies of the U.S.Department of Justice."(NOTE:This excludes press releases.
newsletters,and issue analyses.)
13. Approval of this award does not indicate approval of any consultant rate in excess of S450 per day. A detailed
justification must be submitted to and approved by the OVW Director prior to obligation or expenditure of such funds.
14. The grantee agrees that grant funds will be used to develop or strengthen policies and training for law enforcement
officers.prosecutors.and relevant court officers in recognizing.addressing.investigating.and prosecuting instances
of domestic violence and sexual assault against older individuals and individuals with disabilities.
15. The grantee agrees that grant funds will not he used to conduct public awareness or community education
campaigns or related activities.Grant funds may he used to support.infnrn).and outreach to victims about available
services,
on,P I()WO-MOO 2 l tt!.\-.-I-SS I
I
•
•
•
.:- .u.lat:;'� . US DEPARTMENT OF JUSTICE GRANT MANAGER'S MEMORANDUM,PT. 1:
nJ �
�•� '�„ OFFICE OF JUSTICE rROGRAh1S ' PROJECT SUMMARY
ist.' `•:
i;i� Office on Violence
Q, r Grant
Against Women PROJECT NUMBER
PAGE I OF 1
2003-E W-B\-0002
This project is supported under The Violence Against\C •n Act of 211110.Public Law I06-306
I STAFF CONTACT(Name S.telephone numherl 2,PROJECT UIRI:C1OR(Name.addle..R telephone number( '
Janice A.Green Gail Braun
(_2(12)G l h-1 72S • Grant Coordinator
I819 F:inau Sireet
Style inn
Omalu.NE G%1X3-0301(
14021 444.52t0u
3a.TITLE OF TI Ili PROGRAM '
3h PON1S CODE(SEE INSTRUCTIONS
FY 2(1113 Training Grants to Slop Those and Sexual r\omit"A,_amst Older Individuals or Ind.iduals in Mt Disahilnies ON REVERSE)
Program
4.TITLE OF PROJECT •
FY 2003 Training Grants to Stop Abuse and Sexual Assault Against Older Individuals or hides iduals a oh Disabilities Program
5.NAI<1L Sr.ADDRESS OF GRANTEE G.NAME A AURESS OF SUOGRANTEL
City of Omaha
1 19 Famant Street Suite 31111 •
.Omaha.NE OXI83-11300
7.PROGRAM PERIOD X.BUDGET PERIOD
FROM: 10'01'2003 TO: 09302005 FROM: BYO 1'2003 TO: 09'302005
9.AMOUNT OF AWARD 10.DATE OF AOARU -_ __
--
S 300.0M1 09'30 211113
gaga. ...__.. ... .. _._ ___ _ _ _ _ _ ___
I I.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET A\MOLNT
13.TIIIHD l E:AR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT • •— .._ - - ..
IS.SUMMARY DESCRIPT ION OF PROJECT(See instruction on reverse)
The Training Grants to Stop Abuse and Sexual Assault Against Older Indus duals or Indic idudls nuth Disabilities Discretionary Grant Program was statutorily
created M'the Violence Against II omen Act of 20n0. 1 he Training Grants to Stop Abuse and Sesu.d.\s•ault Again."Older Indus!duals or Indic iduals..ith
[disabilities Grant Program puppnrt.protects that addie<s"he rc.pnn.e oldie criminal in<nce«."eat n•d�nnr.11C.lote:•er.u:d<esu:d u.cailt s rcmn.in hit are
older utdu.!du.l•ut nailsuhu::I.o l.!t dt.andnun. .
1 he Coy oft hnatta\tauu's I u`.i:r.\At \Omaha V.morn.-\r:un<u Violence Program.Adult prate.^tuna•Sera ue..ti Doug).(.C'uunts.and the Uumc•uc
violence Conrdnauttg Council of);,eater Omaha 1u11 call:uhuraue trt create and implement a training curnCutLun on undue u:!luence.
•
Oil'FORM 4nn0 2 1 RI.\'.4.C<I
•
The project will develop two one-day training programs.which will he conducted in Douglas County.Nebraska.for 25U criminal justice system professionals
and other vendee providers who base already received basic training about elder abuse.domestic viuiesee,and sexual assault. The project will create three
products for use at the training programs and for national dissemination.
These products include:a curriculum on undue influence:extensive handouts for panicipants;and a professionally produced I) I)of training segments by and
follow-up detailed discussions with the national expens to foster replication of the curriculum in other jurisdictions.
CA NCI:
;; -0,...�a: :,: U.S. Department of Justice
a-,et '�
Office of Justice Programs
iqi ,'fi
'ti, ,,,« `_ Office of Comptroller
Washington,D.C. 20531
Ms.Gail Braun
Grant Coordinator
1819 Famam Street
Suite 300
Omaha.NE 68183-0300
Reference Grant Number:2003-EW-13X-11002
Dear Ms.Braun:
I am pleased to inform you that my office has approved the following budget categories for the aforementioned grant award
in the cost categories identified below:
Category BUDGET .
PERSONNEL SO
FRINGE BENEFITS SO
TRAVEL S8.750
EQUIPMENT SO
SUPPLIES SO
CONSTRUCTION SO
CONTRACTUAL S276.250
OTHER SO
TOTAL DIRECT COST S285,000
INDIRECT COST S15,000
TOTAL PROJECT COST S300,000
Federal Funds Approved: 5300.000
Non-Federal Share: SO
�,;;5:.', U.S. Department of Justice
`d. Office of Justice Programs
r ..
';`‘,iiit;'Y.^;,e..,,- Office of Comptroller
Washington.D.C. 20531
If you have questions regarding this award.please contact:
- Program Questions.Janice A.Green.Program Manager at(202)616-672S:and
- Financial Questions,the Office of the Comptroller.Customer Service Ccnter(CSC)at(S00)-15S-0786.or you may
contact the CSC at askoctii•ojp.usdoi.gov.
Congratulations,and we look forward to working with you.
Q,...,/4: 9 /a''''4"--.
Cynthia J.Schwimcr
Comptroller
CITY PERSONNEL POLICY
DRUG-FREE WORKPLACE REQUIREMENTS FOR
FEDERAL GRANT-FUNDED EMPLOYEES
Policy # 34
Approved by Personnel Board: 2/28/02 Cecil Hicks, Personnel Director
Approved by Citl' Council: 8/27/02 Council President Chuck Sigerson
Pursuant to the Omaha Municipal Code, Section 23-65, the following is declared to be the policy
of the City of Omaha. Please check the City's e-mail system in the Public Folders under
Personnel Department for the latest amendments to this policy.
Except as specifically altered or changed in this policy, all the provisions of the City's Drug and
Alcohol Policy shall apply to all employees (full and part-time) who are paid by various federal
grant funding. The purpose of this policy is to comply with 34 CFR §85, Subpart F -- "Drug-
Free Workplace Act of 1985 Requirements", which imposes additional requirements for
employees whose jobs are funded by a federal grant, hereafter referred to as a "grant-funded
employee."
POLICY: •
A. The unlawful manufacture, distribution, dispensing, possession, or use of a controlled
substance is strictly prohibited in the workplace or during the performance of any City
duty. Any grant-funded employee engaging in such conduct will be subject to
disciplinary action, up to and including termination from employment with the City.
B. Grant-funded employees who receive any criminal drug conviction must notify his or
her supervisor, in writin`!. within 5 calendar days of the conviction. Failure to do „o
will he grounds for disciplinar.' action, up to and including' terrain:!liar
employment with ;he City. -I-he supervisor shall submit il?i!.: \vrinci1
t . p n ;1o:!t!c;:it0:. ..!i .. :i\ 1C'l!t!!1 for .1 criminal l!!l!` :li!i.
workplace. ;1s spccillcd 1!: 2,4 CI-R ;_J>.(1`l -1\Cp rt ing n/j
/i)r ('o111'li'll,/li ofi-c scs. the Cit\' of On-!:111:! \\ !ll !':ovlt' flliL"i'.
notice to the l)1:'Cctiir. Grants and Contracts Service. (file i
Notification procedures shall follow the guidelines specified in 5-1
()ccur\\ithin I ) calendar days of receipt of notification.
F
• City Personnel Policy
Drug.-Free%Vorlplrce Requirements for Federal Grant-funded Employees
Page 2
D. Appropriate disciplinary action may be taken against thc employee as specified in the
City's Drug and Alcohol Policy.
E. The Personnel and/or Finance Departments will maintain a listing of:
1. Departments who receive federal funding.
2. Employees who fall under this "Drug-Free Workplace" policy.
3. Completed notification of conviction form.
4. Disciplinary action taken.
5. Federal grants information (contact person, identification number, etc.)
City Personnel Polity
Drug-Free Workplace I(equiremenl.fur Federal Grans-funded Employees
Page 3
Attachment A.
Subpart F -- Drug-Free Workplace Requirements (Grants)
Source: 55 Fl: 216SS, 21699, May 25, 1990,unless otherwise noted.
§S5.600 Purpose.
(a) The purpose of this subpart is to carry out the Drug-Free Workplace Act of 19SS by
requiring that--
(1) A grantee, other than an individual, shall certify to the agency that it will provide
a drug-free workplace;
(2) A granteewho is an individual shall certify to the agency that, as a condition of
the grant, he or she will not engage in the unlawful manu facturc, distribution,
dispensing, possession or use of a controlled substance in conducting any activity
with the act.
(b) Requirements implementing the Drug-Free Workplace Act of 19S8 for contractors with
the agency are found at 48 CFR subparts 9.4, 23.5, and 52.2.
§85.605 Definitions.
(a) Except as amended in this section, the definitions of§85.105 apply to this subpart.
(b) For purposes of this subpart--
(1) Controlled substance means a controlled substance in schedules I through V of
the Controlled Substances Act (21 U.S.C. 812), and as further defined by
regulation at 21 CFR 1308.11 through 1308.15;
(2) Conviction means a finding of guilt (including a plea of nolo contendere) or
imposition of sentence, or both, by any judicial body charged with the
responsibility to determine violations of the Federal or State criminal drug
statutes;
(3) Criminal drug statute means a Federal or non-Federal criminal statute involving
the manufacture, distribution, dispensing, use, or possession of any controlled
substance;
(4) Drug-free wort place means a site for the performance of work done in connection
with a specific grant at which employees of the grantee are prohibited from
engaging in the unlawful manufacture. distribution. dispensing. possession.or Ilse
of a controlled substance:
! I L1littltil't't' Ilea n: the en-'\l,v.
It
(ill All lnt:irt'( t c har.2c enll?lt I\'ees. tn!les their ::IIp::ei !ll\ttl\'e! :1t
insi�gnilicant to the performance of the grant: and.
(iii) Temporary personnel and consultants \\ho arc direelly engaged in the
performance ofv.ttrl: under the grant and '.I t are on the _rantee : pa\wit.
This definition does not include workers not on the payroll of the _r:ntee
(c.c.. volunteers. even ii used to meet a matching recluirenients:
consultants or ii ,le cndenl contracti,rs not t"' the P' •l.,)li: ,'. , '
St lb'!cetillelll`. • l i. I
A •
City Pe:scum:1 Policy
Drug-Free workplace Requirements for Federal Grant-funded Employees
Fa-t
(6) Federal agency or agency means any United States executive department,military
department, government controlled corporation, any other establishment in the
executive branch (including the Executive Office of the President), or any
independent regulatory agency;
(7) Grant means an award of financial assistance, including a cooperative agreement,
in the form of money, or property in lieu of money, by a Federal agency directly to
a grantee. The term grant includes block grant and entitlement grant programs,
whether or not exempted from coverage under the grants management
government-wide common rule on uniform administrative requirements for grants
and cooperative agreements. The term does not include technical assistance that
provides services instead of money, or other assistance in the form of loans,loan
guarantees, interest subsidies, insurance, or direct appropriations; or any veteran
benefit to veterans, their families, or survivors by virtue of the service of a veteran
in the Armed Forces of the United States;
(S) Grantee means a person who applies for or receives a grant directly from a
Federal agency(except another Federal agency);
(9) Individual mean a natural person;
(10) State means any of the States of the United States, the District of Columbia,the
Commonwealth of Puerto Rico, any territory or possession of the United States, or
any agency of a State, exclusive of institutions of higher education, hospitals,and
units of local government. A State instrumentality will be considered part of the
State government if it a written determination from a State government that such
State considers the instrumentality to be an agency of the State government.
§85.610 Coverage
(a) This subpart applies to the grantee of the agency.
(b) This subpart applies to any grant, except where application of this subpart would be
inconsistent with the international obligations of the United States or the laws or
regulations of a foreign government. A determination of such inconsistency may be made
only by the agency head or his,/her designee.
(c) The provisions of subparts A, B, C, D, and E of this part apply to matters covered by this
subpart, except where specifically modified by this subpart. In the event of any conflict
between provisions of this subpart and other provisions of this part, the provisions of this
subpart are deemed to control with respect to the implementation of drug-free workplace
requirements concerning grants.
,r,1111111. I iI ?li>.pt'll�l i!' • it 11' ,: li)IIi::1i ,. .,
>l!SpellNi1)I1 (Pr llet):lrlllt'1)1.
'_!';fillet Shall he deemed in violation of the requirements of this suhp;Irl if the a_enCv heath tt';
1)1• or her tllticial tlesillnee determines. In \'.'rilin . 111;1i--
.1.he 'grantee has made a lake certification under
l b l \\•ith respect to a u.rantce other than an indiviliu;!l--
City Personnel Policy
Drug-Free Workplace Requirements fur Federal Grant-funded Employers
Pace 5
(1) - The grantee has violated the certification by failing to carry out the requirements
of paragraphs (A)(a)-(g) and/or(B) of the certification (Alternate Ito Appendix C)
or
(2) Such a number of employees of the grantee have been convicted of violations of
criminal drug statutes for violations of criminal drug statutes for violations
occurring in the workplace as to indicate that the workplace as to indicate that the
grantee has failed to make a good faith effort to provide a drug-free workplace.
(c) With respect to a grantee who is an individual--
(1) The grantee has violated the certification by failing to can-v out its requirements
(Alternate II to Appendix C); or
(2) The grantee is convicted of a criminal drug offense resulting fi-oni a violation
occurring during the conduct of any grant activity.
§85.620 Effect of violation.
(a) In the event of a violation of this as subpartprovided in §85.616, and
p in accordance with
applicable law, the grantee shall be subject to one or more of the following actions:
(1) Suspension of paymients under the grants;
(2) Suspension or termination of the grant; and
(3) Suspension or debarment of the grantee under the provisions of this part.
(b) Upon issuance of any final decision under this part requiring debarment of a grantee, the
debarred grantee shall be ineligible for award of any grant from any Federal agency for a
period specified in the decision, not to exceed five years (see §85.320(a)(2) of this part).
§85.625 Exception provision.
The agency head may waive with respect to a particular grant in writing, a suspension of
payments under a grant, suspension or termination of a grant, or suspension or debarment of a
grantee if the agency head determines that such a waiver would be in the public interest. This
exception authority cannot be delegated to any other official.
§85.630 Certification requirements and procedures.
(a) ( 1 ) As prior condition of being awarded a grant, each grantee shall slake the
appropriate certification the Federal agency providing the grant. as provided in
Appendix C to this pail.
t :1 t ....11ec: arc not required to nl:'.t:e ;! certification in ._ "!..:! .....;\•i,
Ali su.;i 1lo . 'er. the grantee shah !C:
CC1li icat1011 ttmr :i llo11-at!lonlatiC Conti Iation t?J SnCh a _rani made on
or alter march IS. I 9S9.
I ��) Except ::s Provided i11 this Section all _ranices shall Illakc the required ceriitication for
each �'r:an. For in:lndatory lormula grants and entitlements t1:at have no application
prftcess. Ci;'.n!CCS shall submit a one-time certification Ill Order to Continue reccivin"
Cif).Peisonncl Policy
Drug-Free Workplace Requirements for Federal Crane-funded Employees
Page 6
(c) A grantee that is a State may elect to make one certification in each Federal fiscal year.
States that previously submitted an annual certification are not required to make a
certification for Fiscal Year 1990 until July 31, 1990. Except as provided in paragraph
(d) of this section, this certification shall cover all grants to all State agencies from any
Federal agency. The State shall retain the original of this statewide certificate in its
Governor's office and, prior to grant award, shall ensure that a copy is submitted
individually with respect to each grant, unless the Federal agency has designated a central
location for submission.
(1) If a State elects to make one certification in each Federal fiscal year as specified in
paragraph (c) of this section it must forward its certification to: Office of
intergovernmental and Interagency Affairs.
(d) (I) The Governor of a State may exclude certain State agencies from the statewide
certification and authorize these agencies to submit their own certifications to
Federal agencies. The statewide certification shall name any State agencies so
excluded.
(2) A State agency to which the statewide certification does not apply, or a State
agency in a State that does not have a statewide certification, may elect to make
one certification in each Federal fiscal year. State agencies that previously
submitted a State agency certification are not required to make a certification for
Fiscal Year 1990 until July 31, 1990. The State agency shall retain the original of
this State agency-wide certification in its central office and, prior to grant award,
shall ensure that a copy is submitted individually with respect to each grant,unless
the Federal agency designates a central location for submission.
(i) If a State agency elects to make one certification in each Federal fiscal year
as specified in paragraph (d) of this section it must forward its certification
to: Office of Intergovernmental and Interagency Affairs.
(3) When the work of a grant is done by more that one State agency, the certification
of the State agency directly receiving the grant shall be deemed to certify
compliance for all workplaces, including those located in other State agencies.
(e) (I) For a grant of less than 30 days performance duration, grantees shall have this
policy statement and program in place as soon as possible, but in any case by a date
prior to the date n which performance is expected to be completed.
(2) For a grant of 30 days or more performance duration, grantees shall have this
policy statement and program in place within 30 days after award.
(3) Where extraordinary circumstances warrant for a specific grant, the grant officer
may determine a different date on which the policy statement and program shall be
in nlacc.
_,l • In;t ii ;fl .. I i.. 21h'P•. .�1:1� 2. i't`/U1
rS5.635 uf:lnd employee s:Inetiun. For convictions of criminal drug
of lenses.
a) \\'hen a grantee ether than an ind?ividu::l is notified that an employee has been convicted
1i,r a violation ola criminal diru-' statute t,cctnring in the workplace. it shall take the
i,llt,\vin_ :.,'.ions:
City Personnel Policy
Drug-rive\\'orklilrce Requirements fur 1 cderel Gra lll-fU 1l llcll Employees
Pace 7
(1) \Vithin 10 calendar days of receiving notice of the conviction, the grantee shall
provide written notice, including the convicted employee's position title,to every
grant officer, or other designee on whose grant activity the convicted employee
was working, unless a Federal agency has designated a central point for the receipt
of such notifications. Notification shall include the identification number(s) for
each of the Federal agency's affected grants.
(i) A grantee must report convictions as specified in paragraph (3)(1)of this
section to the Director, Grants and Contracts Service, Office of
Management.
(2) \Vithin 30 calendar days of receiving notice of the conviction, the grantee shall do
the following with respect to the employee who was convicted.
(i) Take appropriate personnel action against the employee up to and
including termination, consistent with requirements of the Rehabilitation
Act of 1973, as amended; or
(ii) Require the employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a
Federal, State, or local health, law enforcement, or other appropriate
agency.
(b) A grantee who is an individual show is convicted for a violation of a criminal drug statue
occurring during the conduct of any grant activity shall report the conviction, in writing,
• within 10 calendar days, to his or her Federal agency grant officer, or other designee,
unless the Federal agency has designated a central point for the receipt of such notices.
Notification shall include the identification number(s) for each of the Federal agency's
affected grants.
(1) A grantee must report convictions as specified in paragraph (b) of this section to
the Director, Grants and Contract Service, Office of Management.
155 FR 216S8,21699, May 25, 1990, as amended at 55 FR 21699,May 25, 19901
•
City Personnel Policy
Drub-Free\yorl.itlacc Requirements for Federal Grunt-funded Eniplu�ccs
Page S
APPENDIX A TO PART 85 -- CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, AND OTHER RESPONSIBILITY MATTERS -- PRIMARY COVERED
TRANSACTIONS
Instructions for Certification
1. By signing and submitting this proposal, the prospective primary participant is proyidine the
certification set out below.
2. The inability of a person to provide the certification required below will not necessarily result in
denial of participation in this covered transaction. The prospective participant shall submit an
explanation of why it cannot provide the certification set out below. The certification or
explanation will be considered in connection with the department or agency's determination
whether to enter into this transaction. However, failure of the prospective primary participant to
furnish a certification or an explanation shall disqualify such person front participation in this
transaction.
3. The certification in this clause is a material representation of fact upon which reliance was
placed when the department or aeency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department
or agency may terminate this transaction for cause or default.
4. The prospective primary participant shall provide immediate written notice to the department or
agency to which this proposal is submitted if at any time the prospective primary participant
learns that its certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
5. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction,
participant,person,primary covered transaction,principal,proposal, and voluntarily excluded,
as used in this clause, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact the department or agency to which
this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this proposal that, should the proposed
covered transaction be entered into, it shall not knowingly enter into any lower tier covered
transaction a person \vho is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred.
suspended,declared ineligible, or voluntarily excluded from participation in this covered
transaction, unless authorized by the department or aeency entering into this transaction.
7. The prospective primary participant further agrees by submittine this proposal that it \gill include
the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion-Lower Tier Covered Transaction." provided by the department or agency entering intt?
this covered transaction, without modification. in :ill lower tier covered transactions and in all
solicitations for lower tier covered transactions.
• paticipilnl in a e.lycred lratlsacli??n !ll;:v rc!\' I:n•1'-n :! ec;•1:;c:::'..?:1 ?1 :' h`??`:'•:': : •i . .. . ..
.ibilart 9.4. debarred. suspended. Illeit:,nble. ?: \.o :-:i;:r!ly exc t!._ed iron) the e • -.. ..
transaction. unless it knows that the certification is erroneous. .-'. Participant ma': ee:ue iGe
method and frequently by which it determines the of principal;. Each p::!t!.i;:::it
nlay. but is not required to. check the list of Parties Excluded ir?ini Federal I'ru,:L!:"en-Le!it 11:1
\otl-procurement Programs.
+. \othing contained in the foregoing shall be construed to required establishment of a S_.s':n1s u1
records in order to render in eood faith the certification required by this clause. The f:no,.n. ed:.e
and information of a participant is not required to exceed that which is normal I: ;,,,s.e:- e,1 by
prudent person in the ordinary course of business dea!i:'::>s.
City Personnel Policy
Drug-Free Workplace Acquirements for Federal Gram-funded Employees
Page 9
10. Except for transactions authorized paragraph 6 of these instructions, if a participants in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed
for debarment under 48 CFR, part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available to the
Federal Government, the department or agency may terminate this transaction for cause or
default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters -- Primnary Covered
Transactions.
(1) The prospective primary participants certifies to the best of its knowledge and belief, that it and
its principals:
(a) Arc not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain,or performing a public (Federal,State or
local)transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements,or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity(Federal, State or local) with commission of any of the offenses
enumerated in paragraph (1)(b)of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more
public transactions(Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attached an explanation to this proposal.
160 FR 33042,33056,June 26, 19951
City Personnel Policy
Drug-Free Workplace Requirements for Federal Grant-funded Employees
Page I
APPENDIX B TO PART S5 -- CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -- LOWER TIER
COVERED TRANSACTIONS
Instructions for Certification
1 . By signing and submitting this proposal, the prospective lower tier participant is providing the
certification set out below.
2. The certification in this clause is a material representation of fact upon which reliance was
placed when this transaction was entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to
which this proposal is submitted if at any time the prospective lower tier participant learns that
its certification was erroneous when submitted or had become erroneous by reason of changed
circumstances.
;. The terms covered transaction, debarred, suspended, ineligible,person,primary covered
transaction,principal,proposal, and voluntarily excluded, as used in this clause, have the
meaning set out in the Definitions and Coverage sections of rules implementing Executive Order
12549. You may contact the person to which this proposal is submitted for assistance in
obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is proposed for debarment under 48 CFR part 9,subpart
0.4,debarred,suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this transaction
originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will
include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
voluntary Exclusion-Lower Tier Covered Transaction,"without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in
a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9,
subpart 9.4,debarred, suspended. ineliu�ible, or voluntarily excluded from covered transactions.
unless it knows that the certification is erroneous. A participant may decide the method and
frequency by which it determines the cliuihility of its principals. Each participant may.but is not
required to. check the 1.ist of Parties Excluded from Federal Procurement and Noil-t,'.,tcurement
• `, ,.n: ._ .:t:..:I. •':.i get' i t' . .. •• • •
tltlor111:1111'll t'i .; 11':1ileipat;: t:1)1 I'et:ll!ed to e:•:ceed ih:`.l `.`,Illeh ' i,nr1ll:';1:.'
prudent person 111 the ordin::r_ con: of business de::lln`s.
tl. Except for transactions a:idlo!,.e larder paral.traph ft of!he>. .!i' .:i!_..oii;. 11 11:'..tli l int in
covered transaction known-1'1'•' eniers into a lover tier covered transaction with a person
proposed for della n-nent under CFI; part 9. subpart 9.2. `ia pen kd. debarred. inell;'ihie. t'
voluntarily excluded from participation In this transaction. in addition to other remedies available
to the Federal(lovC!'rlll en!, t11e dLpa.tmelit or aucilCY with V.lliCli this ti-an..assiion tr••_•i:a..led nm:::.
City Personnel Policy
I)rug-free Workplace Requirements for Federal Grant-funded Employees
Page i I
Certification Regarding Debarment, Suspension Ineligibility an hilarity Exclusion -- Lower Tier
Covered "Transactions
(1) 'the prospective lower tier participant certifies, by submission of this proposal, that neither it nor
its principals is presently debarred, suspended,proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) \\'here the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
160 FR 33042,33056,Junc 26, 19951
City Personnel Policy
Drug-Free Workplace Requirements fur Fcdcrrl Grrnt-funded Employees
face 12
APPENDIX C TO PART SS -- CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
instructions far Certification •
1. By signing and submitting this application or grant agreement, the grantee is providing the
certification set out below.
2. The certification set out below is a material representation of fact upon which reliance is placed
when the agency awards the grant. If it is later determined that the grantee knowingly rendered a
false certification,or otherwise violates the requirements of the Drug-Free Workplace Act, the
•agency, in addition to any other remedies available to the Federal Government, may take action
authorized under the Drug-Free Workplace Act.
3. For grantees other than individuals, Alternate i applies.
4. For grantees who are individuals, Alternate II applies.
5. Workplaces under grants, for grantees other than individuals, need not be identified on the
certification. if known, they may be identified in the grant application. If the grantee does not
identify the workplaces at the time of application, or upon award, if there is no application, the
grantee must keep the identify of the workplace(s)on file in its office and make the information
available for Federal inspection. Failure to identify all imo\vn workplaces constitutes a violation
of the grantee's drug-free workplace requirements.
6. Workplace identification must include the actual address of buildings (or parts of buildings)or
other sites where work under the grant takes place. Categorical descriptions may be used(e.g.,
all vehicles of a mass transit authority or State highway department while in operation, State
employees in each local unemployment office, performers in concert halls or radio studios).
.7. If the workplace identified to the agency changes during the performance of the grant, the grantee
shall inform the agency of the change(s), if it previously identified the workplaces in question
(see paragraph five).
8. Definitions of terms in the Non-procurement Suspension and Debarment common rule and Drug-
Free Workplace common rule apply to this certification. Grantees' attention is called, in
particular, to the following definitions from these rules:
Controlled substance means a controlled substance in Schedules 1 through V of the
Controlled Substances Act 21 U.S.C. 812) and as further defined by regulation (21 CFR
1308.11 through 1308.15);
Conviction means a finding of guilt(including a plea of nolo contendere) or imposition of
sentence, or both,by any judicial body charged with the responsibility to determine
violations of the Federal or State criminal drug statutes;
Criminal drug statute means a Federal or non-Federal criminal statute involving the
manufacture. distribution. dispensing. use. or possession of any controlled substance:
Lnip/oree means the employee of a i rantee directly entiaged in the performance o1'v'.'n;}:
under a L'rant. 111e1Ud1I1;!: I11 .\li ,11!'c '1 t'/1,:!:,'i'employees: (ii) All indirt'r'!
...�c.. ..... Jail: .. ... .... ..
. ..11p,I;:! pe1.so:nc. aJ.,. ... ,:ii:. ,.. ..flu .:re directly en vc(.1 la 1!':: jlirt,l:ni.:rce .;: .. '
t;:idcr the '_rant and v.ho ::re in the grantee s payroll. This definition doffs not Include
orkcrs not on the payroll 01 the v!antcc (e.'i.. Volunteers. even if used to Illcel
requirement: consultants or independent contractors not on the Ilrantee c payroll: o:
employees 01 sub-recipients ' :' subcontractors i11 cover workplace).
A
City Personnel Policy
Drug-Free N\'orkplacc Requirements fur Federal Grant-funded Employees
Page 13
Certification Regarding Drug-Free iforkplace Requirements
Alternate I. (Grantees Other Than Individuals)
A. The grantee certifies that it will or will continue to provide a drug-tire workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession,or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation
of such prohibition;
(b) Establishing an on-going drug-free awareness program to inform employees about--
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance
programs;and,
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will--
(1) Abide by the terms of the statement; and,
(2) Notify the employer in writing of his or her conviction for a violation ofa
criminal drug statute occurring in the workplace no later than five calendar days
after such conviction;
(e) Notifying the agency in writing, within ten calendar days after receiving notice under
paragraph(d)(2) from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position
title,to every grant officer or other designee on whose grant activity the convicted
employee was working,unless the Federal agency has designated a central point for the
receipt of such notices. Notice shall include the identification number(s) of each
affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph (d)(2), with respect to any employee who is so convicted--
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
of 1973, as amended; or,
t21 Requiring such employee to participate satisfactorily in a drug assistance or
rehabilitation program approved for such purposes h\•a Federal. State. or loc:il
health. lay:enforcement. or t):her :i-Tntni i::te agency:
tii pa: i:.I. I1. (i i. I,:i. (e). 1:
insert i!1 the space provide perlormW1ec of\\(Vn1: l't`lic
.;ttilnc ii�U1 P.•1il1 the snecliic ‘,;rant:
l'tace of Performance (Siieei address. d1\. county. sale. zip city.:)
"he ❑ inhere are \\oila\ aces on tle that are it i identified here.
City Personnel Policy
Drug-Free Workplace Requirements for Federal Grant-fundcd Employees
Pace 14
Alternate II. (Grantees Who Are Individuals)
(a) The grantee certifies that,as a condition of the grant,he or she will not engage in the unlawful
manufacture,distribution, dispensing, possession, or use of a controlled substance in conductine
any activity with the grant;
(b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of
any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the
conviction,to every grant officer or other designee, unless the Federal agency designates a
central point for the receipt of such notices. When notice is made to such a central point,it shall
include the identification number(s) of each affected grant.
155 FR 21690,21699,May 25, 19901
.4
City Pctsonncl Policy
Drug-Free Workplace Requirements for Federal Grant-funded Employees
I'-'ee 15
Attachment 13
DRUG-FREE WORKPLACE PROGRAM
NOTIFICATION OF CRIMINAL CONVICTION
NAME: DATE:
CLASSIFICATION TITLE:
DEPARTM ENT: DIVISION:
IMMEDIATE SUPERVISOR:
As an employee with the City of Omaha, who is paid by federal funding, I understand that I must
notify my supervisor of any criminal drug conviction. Furthermore, I understand that notification
of this conviction must be done within 5 calendars days of the conviction.
Pursuant to this responsibility, I am hereby notifying you of the following:
Type of Conviction:
Date of Conviction:
Court Docket Number:
Court Decision:
Further, I understand that this document is an official City of Omaha record, and that falsification
of this document, or failure to report conviction(s) is grounds for my being disciplined up to and
including termination from employment with the City of Omaha.
Dated this day of , 19
Employee Si`anaturc: --_-- —
Personnel Department i_ •e Only
I ---
Cirant Identilication Number: _ —_----.----------__---
\' enc� Notilied:
\\Bite ini - -Ilep:artmunl.I'iak c4,p - I tnllr
City Personnel I'olicy
Drug-Free%Verkplace Requirements fur Federal Grant-funded Employees
Page 16 •
Attachment C
DRUG-FREE WORKPLACE PROGRAi\I
ACKNOWLEGEMENT OF TRAINING
NAME: DATE:
CLASSIFICATION TITLE:
DEPARTMENT: DIVISION:
IMMEDIATE SUPERVISOR:
DATE OF TRAINING:
The Drug-Free Workplace Act of 19SS, ensures that employers, who arc recipients of the federal
grants, prohibit any drug related activity and maintains a drug-free work environment.
I have been informed of the following:
(1) The dangers of drug abuse in the workplace;
(2) Received a copy of the drug-free workplace policy for grant employees, and the City's
Drug& Alcohol Policy;
(3) Any available drug counseling, rehabilitation, and employee assistance programs;
and,
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(5) The City of Omaha procedures/guidelines for reporting any drug related conviction.
Furthermore, I understand that as an employee with the City of Omaha I am strictly prohibited
from engaging in the following activity: the unlawful manufacturing, distributing, dispensing,
possession, or use of a controlled substance in my workplace or during the performance of my
duties as a City of Omaha employee. I understand that disciplinary actions \\•il1 be taken against
me for violation of such prohibition.
I understand that this document is an official City of Omaha record. and that falsification of this
document, or failure to report conviction(s) is grounds for my bcin'2 disciplined up to and
including termination horn employment with the City o ()'ll•d' '
:!Ci:llt�\'.'1Ct1L'lll�'ni 1, •. .
•
Dated this: dayo'
Employee Si�tlnalure: . . . ---
\\'bilecnp - ,"1" - I'ini-4"1,, -
CITY PERSONNEL POLICY
DRUGS AND ALCOHOL
Policy # 35
Approved by Personnel Board: 2/28/02 Cecil Hicks, Personnel Director
Approved by City Council: 8/27/02 Council President Chuck Sigerson
Pursuant to the Omaha Municipal Code, Section 23-65, the following is declared to be the policy of the
City of Omaha. Please check the City's e-mail system in the Public Folders under Personnel Department
for the latest amendments to this policy.
Pu rpose
The City of Omaha recognizes its responsibilities toward the maintenance of the physical and emotional
well-being of its employees. We recognize that employee drug/alcohol problems are inherent in any
workforce, and that this, in turn, impacts on the personal life of employees and their families. Since these
problems not only affect the employee's personal life, but generally can also result in deteriorating job
performance, the City believes that it is in the best interest of its employees, their families, and the City to
provide the opportunity to deal with these personal problems.
There is no intent to intrude upon the private lives of employees. The City recognizes that employees
with drug and alcohol abuse problems make up only a fraction of the workforce, and the City understands
that inconveniences may be caused to the many non-abusers by the problems of the few. It is believed,
however, that the benefits to be derived will more than make up for any inconvenience to the majority of
the employees.
The purpose of this Policy is as follows:
A. To establish and maintain a safe and healthy working environment for all employees.
B. To ensure the reputation of City of Omaha employees as good, responsible citizens worthy of
public trust.
C. To reduce the incidents of accidental injury to persons or property.
D. To reduce absenteeism, tardiness, and indifferent job performance.
E. To provide assistance toward rehabilitation for any employee who seeks the City's help in
overcoming any addiction to, dependence upon, or problem with alcohol or drugs.
The City is committed to maintaining a safe, healthful, and productive work environment for all
employees and ensuring the safe and efficient delivery of services to the citizens of the City of Omaha.
To that end, the City will attempt to eliminate the abuse of alcohol, illegal drugs, prescription drugs, or
any other substance that could impair an employee's ability to perform safely and effectively the
City Personnel I'olicy
Drugs and Alcohol
Page 2
functions of any given job. Drug and alcohol abuse of any nature by employees of the City of Omaha
cannot be tolerated. City Policy shall be ZERO tolerance for such abuse. All City of Omaha employees
are covered by this Policy and should be aware that violation of this Policy can result in discipline up to
and including discharge.
Definitions
Alcohol shall mean any product of distillation of any fermented liquid, whether rectified or diluted,
whatever may be the origin thereof, synthetic ethyl alcohol; the four varieties of liquor defined in
Subdivision (2) to (5) of Section 53-103 Nebraska R.R.S., alcohol, spirits, wine, and beer; every liquid or
solid, patented or not, containing alcohol, spirits, wine, or beer; and alcohol used in the manufacture of
denatured alcohol, flavoring extracts, syrups, or medicinal, mechanical, scientific, culinary, and toilet
preparations.
Drug shall mean any substance, chemical, or compound as described, defined, or delineated in Sections
28-405 and 28-419 Nebraska R.R.S., or any metabolite or conjugated form thereof, except that any
substance, chemical, or compound containing any product as defined in #1 of this Section may also be
defined as alcohol.
Alcohol or Drug Abuse, for purposes of this Policy, shall be defined as an employee's dependence or
addiction to sufficient severity to have the effect of impairing the performance of his/her official duties or
his/her job behavior.
Reasonable Suspicion is a belief based on objective facts sufficient to lead a reasonable,prudent person
to suspect that an employee is under the influence of a substance so that the employee's ability to perform
the functions of the job is impaired or so that the employee's ability to perform his/her job safely is
reduced. Reasonable suspicion may result from actual observation of the use or ingestion of a substance
by an employee. It may be based on reliable information that the employee is currently or has recently
used or possessed a controlled substance or open container with alcohol on the job. Reasonable suspicion
may result from an observation of physical symptoms, such as slurred speech, red, watery eyes, unsteady
gait, dilated pupils, drowsiness, or actual sleeping on the job. In addition, reasonable suspicion may result
from the observation of behavioral symptoms, such as severe mood swings, unexplained personality
changes, inattention to personal hygiene, and frequent accidents.
Reasonable Suspicion is the belief based on objective facts sufficient to lead a reasonable, prudent person
to suspect that an employee's urine sample is a diluted sample. Reasonable suspicion may result from
actual observation of an employee deliberately tampering with the urine sample. It may be based on
reliable information that the employee has ingested enough liquids so that their urine sample will result in
a diluted result.
Reasonable Suspicion is also the belief based on objective facts sufficient to lead a reasonable, prudent
person to suspect that an employee's urine sample has been tampered with or is a sample that is not a
genuine sample taken from the employee's body. Reasonable suspicion may result from actual
observation of an employee deliberately tampering with the urine sample. It may be based on reliable
information that the employee has used means to attempt to falsify the urine testing. Reasonable
suspicion can be based on all facts and circumstances observed or known by a reasonably prudent person
to analyze the situation, sample and employee taking the urine test.
•
City Personnel Policy
Drugs and Alcohol
Page 3
Employee Assistance Program (EAP) is provided by the City for the benefit of its employees:
Omaha Public Schools/City of Omaha Employee Assistance Program
1410 North 47th Street
Omaha, NE 68147
(402) 554-0443
Also the services of designated Police/Fire mental health professionals are provided to those employees
for their assistance with any psychological problem, including drug/alcohol problems.
Impaired is the inability of an employee to perform his/her usual and normal work assignments with
normal effectiveness and efficiency.
Policy
Abuse of alcohol and drugs by City employees will not be tolerated.
A. Drugs
Employees of the City of Omaha shall not:
a) Report to work impaired by any drug;
b) Whether on or off duty, illegally use, manufacture, possess, sell, or provide to another any drug.
Use or possession of medically prescribed drugs or medications which have been legally prescribed to the
employee by a person licensed to do so is not a violation of this Policy. However, no prescription
medication of any sort shall be brought upon City property by any person other than the person for whom
the medication is prescribed and shall be used only in the manner, combination, and quantity prescribed.
It is a violation of the law for any employee to use, acquire, or possess any prescribed medication not in
their own name. Such violations of the law shall be considered grounds for discipline up to and including
termination of employment.
A City employee who is taking any medication, whether prescribed or non-prescribed, which may
interfere with the safe and effective performance of duties or operation of City equipment is required to
advise his/her supervisor of that fact before beginning work. In the event that there is a question
regarding an employee's ability to safely and effectively perform assigned duties while using such
medication, clearance from a physician shall be required. Failure to advise a supervisor of the use of any
medication which may interfere with the safe and effective performance of duties or operation of City
equipment may result in discipline.
Any employee who is convicted of a violation of any criminal drug statute for an incident occurring in the
workplace shall notify the City of the conviction within five calendar days of the conviction.
City Personnel I'olicy
Drugs and Alcohol
Page 4
B. Alcohol
Employees of the City of Omaha shall not:
a) Report to work impaired by the use of alcohol;
b) While on duty, use, possess, sell, or provide alcohol to another;
c) While on duty or on call, be impaired by the use of alcohol.
In certain situations, Civilian employees are individually placed "on call." For those employees, "on call"
as above shall mean those situations where an employee has been specifically and personally notified that
he/she is on stand-by for a specific period of time (not to exceed 72 hours) and subject to being called in
for City work on an emergency basis. Such notification must occur either at the end of an employee's
work shift before the employee leaves work or eight hours before any call-in would occur.
For the purposes of this Policy, an employee whose blood, breath, or urine, when tested, contains an
alcohol concentration of .05 percent or above is presumptively deemed to be impaired by the use of
alcohol. For the purposes of this Policy, an employee whose blood, breath, or urine, when tested, contains
an alcohol concentration of less than .05 percent may be considered impaired depending on a
consideration of all of the circumstances.
C. Education and Training of Employees
•
The City will develop and implement a Drugfree Awareness Program to inform its employees of:
a) The dangers of drug/alcohol abuse in the workplace.
b) The City's Policy regarding drug and alcohol use.
c) The availability of counseling, rehabilitation, etc., through the City's Employee Assistance
Program.
d) The penalties that may be imposed upon employees for substance abuse violations.
Additionally, educational activities focusing on stress, substance abuse, and other problem areas may also
be provided. These activities are designed to promote early identification and self-referral, prevent
problems from developing and/or becoming more severe, and enhance the quality of life.
Employees are encouraged to utilize the EAP programs provided by the City in seeking assistance with
drug/alcohol problems. Employees' use of these services privately and on their own initiative will not
jeopardize job security, promotional opportunity, and/or reputation. When such use is private and
voluntary, no report of any kind will be made by the EAP to the City unless the employee freely and
willingly chooses.
The City will develop and implement a program of training to assist supervisory personnel and the unions
in the recognition of conduct and behavior that gives rise to suspicion that an employee may be a
4
•
City Personnel Policy
Drugs and Alcohol
Page 5
drug/alcohol abuser. The intent of this training is not to put the supervisor in a position to diagnose
alcohol/drug problems, but simply to make such supervisor sufficiently aware of the causes and
symptoms so that he/she may seek proper referral. Such a training program shall also inform the
supervisor of the City's EAP program and policies, as well as encourage the supervisor to seek proper
consultation with other City officials and the EAP when attempting to deal with an employee's
deteriorating job performance.
D. Drug/Alcohol Testing Procedures
Any time a supervisor has reasonable suspicion to believe that an on duty employee is impaired by
alcohol or drugs, he/she shall immediately place such employee on special assignment in order to protect
the employee, fellow employees, and the public from harm. The supervisor shall immediately notify
his/her supervisor of such action and the particular employee's union representative, if applicable.
The two supervisors and the union representative, if available, will interview the employee. If both
supervisors believe, based upon reasonable suspicion, that the employee is impaired by the use of alcohol
or drugs, then said employee will be ordered, pursuant to this Policy, to submit to a test of his/her blood,
breath, or urine.
In determining whether or not the employee is impaired, the supervisors may consult with the Labor
Relations Director, Personnel Director, City Safety Inspectors, CDL Instructor, Law Department, or any
other appropriate City official and utilize any reasonable means or procedures available to confirm or
disprove such suspicion (such as breath alcohol pre-test and the Observed Behavior Form). The City's
Safety Inspectors can be reached during business hours at 444-5014 or 444-5304. After business hours,
they can be reached by contacting their pagers at 977-1129 or 449-3943.
A supervisor or Personnel Department Safety Division representative shall transport the employee to that
facility designated by the City for the performance of drug or alcohol tests. As soon as practically
possible, each supervisor shall document, in writing, to the Department Head the reasons and causes
which gave rise to the reasonable suspicion. Additionally, this documentation shall include a narrative of
what steps were taken by the supervisor(s).
Before a drug or alcohol test is administered, employees will be ordered to sign a consent form
authorizing the test and permitting the release of test results to a designated City official(s). The consent
form shall provide space for employees and applicants to acknowledge that they have been notified of the
City's Drug/Alcohol Testing Policy.
The consent form for drug/alcohol tests shall also set forth the following information:
a) The procedure for confirming an initial positive test result.
b) The consequences of a confirmed positive test result.
c) The consequences of refusing to undergo a drug test.
d) The procedure for retesting with a negative test result that is diluted.
City Personnel Policy
Drugs and Alcohol
Page 6
All drug testing shall be of the employee's urine.
The initial drug screening shall be the Enzyme Immunoassay Techniques (EMIT) test, which shall be
administered at City expense. An employee or job applicant whose drug test indicates the presence of a
drug group (listed further on in this Section) shall be given a second test, at City expense, using Gas
Chromatography/Mass Spectrometry (GC/MS). The second test shall use a portion of the same test
sample withdrawn from the employee or applicant for use in the first test. The employee or job applicant
shall pay for any additional testing on a urine sample that results from any false information given by the
employee or job applicant.
If this GC/MS test confirms the drug group presence, a Medical Review Officer, who shall be a properly
licensed and trained medical doctor, will review both tests. The purpose of this review is to see if the
drug presence can be explained by the individual employee's medical history. In completing this review,
the Medical Review Officer shall interview the employee and may perform a physical examination on
such employee. Refusal to cooperate in such an interview, failing to consent to such physical
examination, or any false or misleading information given in such interview shall be grounds for
disciplinary action up to and including termination.
If the medical review confirms the presence of drugs in the employee's body fluids, then such test shall be
considered "positive." The employee is required to meet within five (5) working days with the Labor
Relations Director, his/her Department or Division head, a Union representative (if applicable), and a
representative from the Personnel Department. At this meeting, the employee will be notified of the test
results, the particular substance found in such results, and updated on their working status with the City of
Omaha. . It is the employee's duty to ensure that the appropriate personnel can contact them regarding
any drug test. Any attempt by an employee to avoid contact with personnel regarding their drug testing
shall be considered grounds for discipline up to and including termination of employment. Should the
Medical Review Officer fail to make contact with the employee, through no fault of the employee, then
the Medical Review Officer should contact the appropriate Department Head or Personnel Department
designee and relay the drug testing information to that person.
An employee who tests positive for drugs may, at the employee's own expense, have a third test
conducted on the same sample (split sample) at a laboratory pre-approved by the City that meets the
minimum criteria for drug testing. If the test is for alcohol, and the City orders a breath test,the employee
has the right to another test at his/her expense. That test may be of blood or breath.
If an employee refuses to consent to drug or alcohol testing, such refusal shall be considered grounds for
discipline up to and including termination of employment. An employee who refuses shall be
immediately and indefinitely suspended with pay pending disciplinary action. The supervisor shall make
every reasonable effort to ensure that such employee does not operate a motor vehicle (i.e., provide
transportation for employee to his/her home). Should the employee refuse to cooperate and attempt to
operate a motor vehicle, the police shall be immediately notified.
If the medical review confirms the presence of drugs in a job applicant's body fluids, then such test shall
be considered "positive." The job applicant will be contacted by the Personnel Department designee and
be informed of the positive drug test. This person will be eliminated from consideration for employment
with the City of Omaha. The Personnel Department will document this positive test result, in the
appropriate fashion, within their records for six (6) months after the positive test result. This
City Personnel l'olicy
Drugs and Alcohol
Page 7
documentation is done to allow the City of Omaha to know that this applicant, in the past, tested positive
in a drug test.
Should the Medical Review Officer and/or the test collector for the contracted testing facility have a
reasonable suspicion that the urine sample taken from the employee or job applicant is a diluted sample,
this person shall immediately require the employee to provide another sample. It will be the duty of the
Medical Review Officer or testing collector to inform the employee that a second sample is being
collected because this person has a reasonable suspicion that the first sample is diluted. A diluted urine
sample shall not be deemed, automatically, a tampered sample. The Medical Review Officer or testing
collector shall also contact either the Labor Relations Director or the appropriate Personnel Department
designee(s) to inform them that an employee or job applicant has provided, what is believed to be, a
diluted sample and a second sample is being collected. If an employee refuses to consent to this second
testing, such refusal shall be considered grounds for discipline up to and including termination of
employment.
Should the Medical Review Officer and/or the test collector for the contracted testing facility have a
reasonable suspicion that the urine sample taken from the employee or job applicant has been tampered in
any way or that the sample provided is not urine taken from the employee, the suspected sample shall be
immediately tested for cretin levels, specific gravity, and Ph levels. The Medical Review Officer or
testing collector shall immediately require the employee to provide another sample. It will be the duty of
the Medical Review Officer or testing collector to inform the employee that a second sample is being
collected because this person has a reasonable suspicion that the first sample has been tampered or is a
false specimen. The Medical Review Officer or testing collector shall also contact either the Labor
Relations Director or the appropriate Personnel Department designee(s) to inform them that an employee
or job applicant has provided, what is believed to be, a tampered or false sample and a second sample is
being collected. If an employee refuses to consent to this second testing, such refusal shall be considered
grounds for discipline up to and including termination of employment. The second sample shall go
through all normal testing procedures but will also be tested for cretin levels, specific gravity and Ph
levels. The results of both tests will be submitted in a side-by-side analysis.
When an alcohol or drug test is administered, an employee under reasonable suspicion of drug/alcohol use
shall continue on special assignment until test results are available. In no event shall such employee be
allowed to operate a motor vehicle or any City equipment during this period. Any other employee that
takes an alcohol or drug test but is not under reasonable suspicion of drug/alcohol use shall return to their
regular City duties. Final test results shall be reported directly and immediately to the Labor Relations
Director or designee. If the results and the facts of the particular case are positive for drugs or indicate
impairment from alcohol, the employee shall be immediately and indefinitely suspended with pay. The
City shall make every reasonable effort to ensure that such employee does not operate a motor vehicle
(i.e., provide transportation for employee to his/her home). Should the employee refuse to cooperate and
attempt to operate a motor vehicle, the police shall be immediately notified.
At all stages of this drug/alcohol testing process, the employee's right to confidentiality will be respected
and maintained as much as reasonably possible. Only those persons with a need to know are to be
informed of the test results. Disclosure of test results to any other person, agency, or organization is
prohibited unless written authorization is obtained from the employee. All records relating to the taking
of a drug/alcohol test,or the order to take a drug/alcohol test, shall be deemed confidential unless written
authorization has been obtained freely and willingly from the employee, or the records become the subject
of a Personnel Board, arbitration hearing, or judicial proceeding. All records relating to the taking or
City Personnel Policy
Drugs and Alcohol
I'agc 8
ordering of a drug/ alcohol test shall be kept in a separate file. Each Department Head shall implement
procedures to prevent the unauthorized distribution of the results of an order to take such a test.
The facility designated by the City will be licensed pursuant to the Federal Clinical Laboratories
Improvement Act of 1967, 42 U.S.C. 263a or be accredited by the College of American Pathologists. The
above does not apply for breath tests. Any breath testing device shall conform to the rules and regulations
of the Nebraska Department of Health, and the operators of such devices shall be persons who have
obtained or been issued a permit to operate such device pursuant to the rules and regulations of the
Nebraska Department of Health. If a test is performed under the Omnibus Transportation Employee Act
of 1991, the facility and equipment shall be licensed and approved as required by that Act.
The facility designated by the City shall use strict chain of custody procedures, which ensure proper
identification, labeling, and handling of test samples. Such samples (except for breath test specimens)
which result in a finding of drugs or alcohol shall be refrigerated and preserved in a sufficient quantity for
re-testing. Furthermore, such facility shall, in all respects, comply with Sections 48-1901 to 48-1910
Nebraska R.R.S. (1988) and all applicable State and Federal statutes, rules, and regulations.
When drug testing is required under the provisions of this Policy, a urinalysis test will be given to detect
the presence of the following drug groups:
Urine Drug Testing Components:
Drugs Level
Amphetamines 300 ng/mL
Barbiturates 300 ng/mL
Cannabinoids 50 ng/mL
Cocaine Metabolite 300 ng/mL
Benzoidazephines 300 ng/mL
Methadone 300 ng/mL
Opiates 2000 ng/mL
Phencyclidine 75 ng/mL
Propoxhene 300 ng/mL
Any applicant for any City job may, at the discretion of the City, be required, as a part of his/her pre-
employment physical, to undergo drug testing pursuant to Section D of this Policy. Any applicant who
refuses such testing, or tests positive, shall have his/her hiring process terminated. Such person will not
be allowed to re-apply for any City position for a period of one year.
Supervisors are responsible for consistent enforcement of this Policy. Any supervisor who knowingly
permits a violation of this Policy shall be subject to disciplinary action. Any non-supervisory employee
who believes that any other City employee (supervisor or non-supervisor) is in violation of this Policy
may report that belief by contacting the City Safety Inspectors at 444-5014 or 444-5304 during business
hours or on their pagers at 977-1129 or 449-3943 after business hours.
. City Personnel Policy
Drugs and Alcohol
Page 9
In addition to the above outlined testing based upon reasonable suspicion and for pre-employment
purposes, this Policy shall be followed in random tests given pursuant to labor contracts or State or
Federal law.
E. Positive Test Results
Pursuant to the above procedure, an employee who tests positive for drugs or who is determined, based
upon the test or circumstances, to be impaired by alcohol may be subject to disciplinary action up to and
including termination. Generally speaking, an employee who tests positive pursuant to this policy will
not be terminated from City employment for a first-time positive drug test unless one or more of these
circumstances occur:
a) The facts and circumstances surrounding the positive drug test are so in conflict with the
principles and policies of the City of Omaha that a reasonably prudent person would terminate the
employee;
b) The employee refuses to attend a mandatory EAP referral or refuses subsequent directions from
such EAP;
. c) The employee refuses to agree to subject himself/herself to drug testing with or without suspicion
pursuant to this policy;
d) Refuses to take any such subsequent drug test; or
e) Refuses to cooperate or provide requested information to appropriate City and medical personnel
during any part of the drug testing process or in any post-drug test investigation.
• Any disciplinary action shall be in conformance with appropriate labor agreements, and any due process
rights that employees have under those Agreements will be adhered to.
Factors to be considered in determining appropriate discipline, which may include termination, include
but are not limited to the following:
a) The position held by the employee and the resulting danger to the health and safety of the
employee or the public by such an employee's use of controlled substances or alcohol.
b) The impact of an employee's use of controlled substances or alcohol on the employee's ability to
perform his or her job in the future.
c) The employee's past job performance.
d) The length of employment with the City.
e) The employee's current job performance.
f) The extent and nature of past disciplinary actions. A second violation of the City's Policy
regarding alcohol or controlled substances will generally result in termination.
•
City Personnel Policy
Drugs and Alcohol
Page 10
g) Whether the employee's conduct is scandalous to the service.
Pursuant to this Policy, any sworn Police Officer who tests positive for drugs, other than alcohol, shall be
terminated. When any other employee tests positive for drugs or is impaired by alcohol, if the employee
is not terminated but is either not disciplined or disciplined in some lesser manner, the employee shall be
referred to the City's Employee Assistance Program (EAP) for assessment, counseling, treatment, and
rehabilitation. This shall be a management referral, and, as such, the employee shall be required to
execute the necessary medical releases so that the EAP may communicate to the City whether or not such
employee is in compliance with directed treatment. Failure of the employee to comply with such
directives shall be considered insubordination and, as such, shall subject the employee to new and
separate grounds for disciplinary action up to and including termination.
In addition, such employees shall be required, in order to maintain their employment with the City, to
submit to random testing with or without reasonable suspicion for the consumption of alcohol or drugs for
a period of time reasonably determined based upon the circumstances of the case. Any employee who
tests positivedrugs for drugs or is shown to be impaired by alcohol, pursuant to this random test,
shall be
terminated.
City Personnel Policy
Drugs and Alcohol
Page I I
CITY OF OMAHA
Consent To Take Drug/Alcohol Test
I, the undersigned employee/prospective employee of the City of Omaha, hereby consent to the
taking of a sample of my blood, breath, or urine by personnel at Alegent Health Occupational
Health Services and authorize the testing of such sample for the presence of drugs or alcohol. I
agree to cooperate fully in the process of giving the necessary sample. It is understood that a
City Supervisor or Personnel Department Representative has given me a direct order to provide
such sample, and to sign this consent form and any other consent form that Alegent OHS may
require. This order was given to me pursuant to the City Personnel Policies "Drug and Alcohol
Policy," and/or the "CDL Drug Testing" and I hereby acknowledge receipt of a copy of that Policy
pertains to my testing requirements or acknowledge that I may obtain a copy of that policy by
contacting Tom Marfisi, 444-5974.
I understand that if the test administered is a urine test for drugs, any preliminary tests will be
confirmed by using a gas chromatography/mass spectrometry (GC / MS) test. Further, I may be
required to submit to a physical examination and interview by a medical doctor pursuant to the
above City policy. I authorize Alegent Health OHS to release the results of such test to my
Department Director and/or the City Labor Relations Director. I also understand that Alegent
Health officials, if upon reasonable suspicion, believe the sample I provide is either diluted or
tampered, can require me to provide a second urine sample immediately.
If the test indicates the presence of drugs listed in the above policy or indicates impairment by
alcohol under the terms of that policy, I understand that I could be subject to disciplinary action
up to, and including, termination of employment, or in the case of pre-employment testing may
be eliminated from consideration for employment with the City of Omaha. If I refuse to
cooperate or agree to any such testing, I could be subject to disciplinary action up to, and
including, termination of employment, or in the case of pre-employment testing may be
eliminated from consideration for employment with the City of Omaha.
Dated this day of ,
(Year)
Employee or Applicant
Witness:
1
City Personnel l'olicy
Drugs and Alcohol
Page 12
OBSERVED BEHAVIOR- REASONABLE SUSPICION/CAUSE RECORD
1
Employee: Name:
Identification Number:
Observation: Date: Time: (from) ❑ A.M. 0 P.M.:(to) ❑ A.M. El P.M.
Location:
(Street) (City) (State) (ZiP) J
Record employee observed behavior for reasonable suspicion for the use of alcohol or controlled substances.According to 49 CFR 382.307-Reasonable Suspicion Testing,the
employee shall required the driver to submit to a controlled substance or alcohol test if a supervisor or company official who is trained in accordance with 382.603 determines that
reasonable suspicion exists.
CAUSE FOR SUSPICION
1. Presence of Alcohol,Drugs and/or Drug Paraphernalia (specify):
2. Appearance: ❑ Normal ❑ Flushed ❑ Puncture Marks
❑ Disheveled El Bloodshot Eyes ❑ Body Odor
❑ Dilated/Constricted Pupils El Profuse Sweating El Tremors
El Smell of Alcohol on Body/Breath ❑ Runny Nose/Sores ❑ Dry-mouth Symptoms
❑ Inappropriate wearing of sunglasses ❑ Droopy Eyes
❑ Other:
3. Behavior
Speech ❑ Normal ❑ Incoherent El Slurred ❑ Silent
❑ Confused ❑ Slowed ❑ Whispering ❑ Shouting
❑ Rambling ❑ Mute El Slobbering
❑ Other:
Awareness: ❑ Normal ❑ Confused ❑ Mood Swings ❑ Euphoria
❑ Lethargic ❑ Lack of Coordination ❑ Paranoid ❑ Disoriented
❑ Erratic ❑ Irritable ❑ Inappropriate gaiety ❑ Angry
. El Polite ❑ Crying ❑ Nervous ❑ Hyperactive
❑ Other:
4. Motor Skills
Balance: ❑ Normal ❑ Unsteady ❑ Sagging at knees ❑ Staggering
❑ Other:
Walking& ❑ Normal ❑ Swaying El Rigid Stance ❑ Arms Raised for Balance
Turning: ❑ Stumbling ❑ Falling ❑ Holding on El Reaching for Support
5. Indications of the chronic and withdrawal effects of controlled substances: ❑ Yes ❑ No
Explain:
6. Other Observed Actions or Behavior(specify): _
Witnessed by:
Signature Title Preparation Date Tinme❑ A.M. 0 P.M.
Signature Title Preparation Date Time❑ A.M. ❑ P.M.
The alcohol test must be administered within eight hours following a reasonable suspicion determination. This document must be prepared and signed by the
witnesses within 24 hours of the observed behavior or before the results of the test are released,whichever is earlier(49 CFR 391.99).
THE PERSONNEL DEPARTMENT WILL RETAIN FORM IN EMPLOYEE'S CONFIDENTIAL ALCOHOL AND CONTROLLED SUBSTANCES FILE.
MOTION BY COUNCILMEMBER 1119514W
I hereby move that Council Document No. 906 , Current Series, be amended as
follows:
I. Page 1, line 12, delete the figure "$10,00.00" and insert in lieu thereof the figure
"$10,000.00".
APP OVED AS TO FO
P/347
C� T�EY DATE
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'NOTICE•
TO PUBLIC' THE DAILY RECORD
The following Ordinance has been set for
City Council hearing on July 27,2004, at
2:00 p.m., In the Legislative Chambers, OF O1111 HA
Omaha/Douglas Civic Center, 1819 Farnam
Strout,at which hearing all persons Inter-
ested,may be heard. RONALD A. HENNINGSEN, Publisher
AN ORDNANCE e e t the eCity PROOF OF PUBLICATION
Profes-
sional Services Agreement between the City
of Omaha and the Domestic Violence Coor-
dinating Council IDVCC)under the Training
Grants to Stop Abuse and Sexual Assault UNITED STATES OF AMERICA,
Against Older Individuals Grant Award The State of Nebraska
#200311N-BX 0002 from the U.S. Depart- ' ss.
ment Of Justice Office Of Justice Programs, District of Nebraska,
Office On Violence Against Women. The
DVCC will work with the YWCA to develop County of Douglas,
and implement two one-day training pro- City of Omaha,
grams; these appropriations involve more
than one fiscal year in conformity with
Section 5.17 of the Home Rule Charter; LYNDA K. HENNINGSEN
providing for payment from a specific ac-
count;and, providing for the effective date being duly sworn,deposes and says that she is
hereof.
BUSTER BROWN,
City Clerk ASSOCIATE PUBLISHER
7-23-04 _ J of THE DAILY RECORD, of Omaha, a legal newspaper,printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on -
July 23, 2004
fRictits, per during that time was regularly published and
n � �cj in the Coun of Dougl , State of Nebraska.
•
Subs ribed in my presence and rn to before
1iplisher's:F, $' 0 me this 23rd day of
da'rti Co �� July 20 04
TFonm O.90 Notary Pu i d r u las County,
St of Nebras
"NOTICE PUBLIC"
ORDINANCEE NO.O.36723
THE DAILY RECORD
AN ORDNANCE to approve the Profes-
a sional Services Agreement between the City OF OMAHA A
of Omaha and the Domestic Violence Coor-
dinating 1�'l.t>f�1L-�
Council (DVCC)under the Training
Grants to Stop Abuse and Sexual Assault RONALD A. HENNINGSEN, Publisher
Against Older Individuals Grant Award PROOF OF PUBLICATION
#2003-EW-BX-0002 from the U.S. Depart- PROOF OF PUBLICATION
ment Of Justice Office Of Justice Programs,
Office On Violence Against Women. The
DVCC will work with the YWCA to develop UNITED STATES OF AMERICA,
and implement two one-day training pro-
grams; these appropriations involve more The State of Nebraska, SS.
than one fiscal year in conformity with Sec- District of Nebraska, 1
tion 5.17 of the Home Rule Charter; provid-
ing for payment from a specific account; County of Douglas,
and,providing for the effective date hereof. City of Omaha,
SUMMARY:
AN ORDNANCE to approve the Profes-
sional Services Agreement between the City LYNDA H. HENNINGSEN
of Omaha and the Domestic Violence Coor-
dinating Council (DVCC)under the Training being duly sworn,deposes and says that she is
Grants to Stop Abuse and Sexual Assault
Against Older Individuals Grant Award ASSOCIATE PUBLISHER
#2003-EW-BX-0002 from the U.S. Depart-
ment Of Justice Office Of Justice Programs,
Office On Violence Against Women. The of THE DAILY RECORD, of Omaha, a legal newspaper,printed and
DVCC will work with the YWCA to develop published daily in the English language, having a bona fide paid
and implement two one-day training pro-
grams; these appropriations involve more circulation in Douglas County in excess of 300 copies, printed in
than one fiscal year in conformity with Omaha,in said County of Douglas,for more than fifty-two weeks last
Section 5.17 of the Home Rule Charter;
providing for payment from a specific ac- past; that the printed notice hereto attached was published in THE
count; and, providing for the effective date
hereof. DAILY RECORD,of Omaha,on
PASSED: August 3,2004,AS AMENDED,7-0
APPROVED BY: August 12 , 2004
MIKE FAHEY 8/6/04
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
8-12-04 City Clerk 5a•NAM
_ r; $l N6:;1`•`1: during that time was regularly published and
' �ylirgiil ?t 1 {the Co f Douglstate of Nebraska.
Pd pTA A, u s 'bed in my presence and swo before
k 'p CCMM;;�`•1O;f : ,
J bligher'SLPee'' ''$2 g' me this 12th day of
T t
A 4 iti6eu ogie ;C. �� ' Au US 20 0 4
14 141:."gyp}'''"2,%' O
\ <c‹..?' Notary Pub1' o ounty,
e of Nebraska