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RES 2004-0943 - Contract with domestic violence coordinating council for education services OF e�P � `� �' RECEIVED Office of the Mayor PT ? 9 F ,Su T Cl 'A 115 04 JUL '"7 PM 3' 1 01 181maha,Narnam ebrasStrka et 68183 ite 0300 300� ti (402)444-5000 ° V CITY (402)FAX: 444-6059 �4TFD FEBRV 4 ! �' k CLERK City of Omaha O A A, N E B IU S i A Mike Fahey,Mayor • Honorable President and Members of the City Council, Submitted for your consideration is a Resolution approving a contract between the City of Omaha and the Domestic Violence Coordinating Council (DVCC) in the amount of$20,000.00. The DVCC will receive $20,000.00 to provide services to the residents and the citizens of the City of Omaha. The contract provides that the City shall pay the sum of$20,000 to the DVCC for the intervention, advocacy and education services to be provided in connection with that program. This cost is payable from the 2004 Omaha/Keno Lottery Fund 12118, Organization 126023. The DVCC has signed the attached agreement stating they will provide the following services and be responsible to provide project requirements as stated. Your favorable consideration and adoption of this Resolution is respectfully requested. Respectfully submitted, Approved: )P\'‘Aj,.*-4tta, k!MALE.,(0 np £23.1iL/ Mike Fahey, Mayor Date it Kinsey Thompson /to1L_ Date Human Relations Director Approved as to Funding: Carol A. Ebdon �0 Date Finance Director-ill P:\MAY\10880pjm.doc CONTRACT THIS CONTRACT is entered into, as of the dates indicated below, by and between the CITY OF OMAHA, a Municipal Corporation of the State of Nebraska, hereinafter referred to as "CITY," and the Domestic Violence Coordinating Council of Greater Omaha, a Nebraska Non- profit corporation with its principal place of business at, 8990 West Dodge Road, Suite 205, Omaha, Nebraska, 68114, hereinafter referred to as "DVCC." RECITALS WHEREAS, CITY has the statutory authority to contract for services benefiting the city and its residents through organizations engaged in providing specialized and unique areas of assistance; and, WHEREAS, DVCC is an organization employing professional staff to provide response coordination to eliminate unnecessary duplication of services and scarce resources to victims of domestic violence, including advocacy services to those affected in our community; and, WHEREAS, DVCC is capable and desirous of providing these coordination and advocacy services to the City of Omaha in conjunction with other direct service providers. IN CONSIDERATION OF THESE FACTS, THE PARTIES AGREE AS FOLLOWS: I. DUTIES OF THE CITY OF OMAHA CITY, in fulfilling the terms and conditions of this Contract for services rendered, agrees and covenants with DVCC to do as follows: 1. To provide DVCC with financial assistance in covering a portion of the cost of administrative salaries necessary to undertake the work of the DVCC in service to victims of domestic violence and its programs. 2. To assist in, review and monitor the activities and functions of DVCC relating to this project. 3. To prescribe an accounting system for the expenditure of the funds dispersed hereunder. 4. To pay$20,000 for services rendered as described in this Contract. II. DUTIES OF THE DOMESTIC VIOLENCE COORDINATING COUNCIL OF GREATER OMAHA In carrying out the terms of this Contract, DVCC agrees to provide the following services: 1. Provide coordination of efforts between all community stakeholders who work with and provide services for battered persons and their offenders through public education, specialized training, workshops and conferences for all sectors of the community focusing primarily on the criminal justice system, health care providers, medical professionals,businesses, employees and employers and the faith community. 2. Perform such projects within the corporate limits of Omaha and for the satisfaction of CITY. 3. Maintain and follow the accounting system for expenditure of the funds dispersed hereunder prescribed by the City Finance Director, including submitting any reports or permitting any audits required by the Finance Director; and, 4. Submit to CITY a contract completion report of the activities and functions of DVCC relating to the performance of the Contract in such form as is acceptable to CITY. The contract completion report shall include, a listing of participants and agencies who received education and training from the DVCC. The contract completion report shall be submitted to the Mayor's Office not later than January 31, 2005. III. TERM This Contract shall have a term of January 1, 2004 through December 31, 2004. IV. CONSIDERATION During the term of this Contract, CITY agrees to pay twenty thousand dollars and no/100 dollars ($20,000). Payment shall occur upon filing, by DVCC, and acceptance, by CITY, of the signed contract. V. PROVISIONS OF THE CONTRACT 1. EQUAL EMPLOYMENT OPPORTUNITY DVCC has filed the required Annual Contract Compliance Report Form, CC-1, in the Human Relations Department. Refusal by DVCC or any subcontractor to comply with any portion of the program as herein stated and described will subject the offending party to any or all of the following penalties: A. Withholding of all future payments under any involved contracts to DVCC until it is determined that DVCC, or subcontractors, is in compliance with these provisions of the Contract. B. Refusal of all future bids or contracts with CITY or any of its departments or divisions until such time as DVCC, or subcontractor, demonstrates that it has established and shall carry out the policies of the program as outlined. 2. NONDISCRIMINATION DVCC 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, creed, color, sex, age, political or religious affiliations, disability or national origin. 3. CAPTIONS All captions used in this Contract are for convenience and are not used in the construction of this Contract. 4. APPLICABLE LAW Parties to this Contract shall conform to all existing and applicable local ordinances, resolutions, state laws, federal laws and all-applicable existing rules and regulations. Nebraska law will govern the terms and the performance under this Contract. 5. INTEREST OF THE CITY Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha of 1956, as amended, no elected official or any officer or employee of CITY shall have a financial interest, direct or indirect, in any city contract. Any violation of this section with the knowledge of the person or corporation contracting with CITY shall render the contract voidable by the Mayor or by the City Council. 6. INTERESTS OF DVCC DVCC covenants that it presently has no interest and shall not acquire interest, direct or indirect, that would conflict with the performance of services required to be provided or performed under this Contract; it further covenants that, in the performance of this Contract, no person having any such interest shall be employed. 7. MERGER This Contract shall not be merged into any other oral or written contract, lease or deed, of any kind or type. 8. MODIFICATIONS 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. 9. APPROVAL OF AMENDMENTS The parties hereto acknowledge that, as of the date of execution of this Contract, Section 10-142 of the Omaha Municipal Code provides: Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a) by ten percent, if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. Nothing in this section is intended to alter the authority of the Mayor, under Section 5.16, Home Rule Charter, to approve immediate purchases. 10. ASSIGNMENT DVCC may not assign its rights under this Contract without express prior written consent of CITY. 11. STRICT COMPLIANCE All provisions of this Contract and each and every document that shall be attached shall be strictly complied with as written, and no substitution shall be made except upon written direction from an authorized representative. 12. CODE PROVISIONS During the term of this Contract, DVCC shall be familiar with and expressly follow the provisions of Section 10-162, Omaha Municipal Code, and shall be required to: A. Maintain records and accounts, including property, personnel and financial records as prescribed by CITY to assure an accounting of all contract expenses; B. Make such records and accounts available for audit purposes to the Finance Director, or any other authorized CITY representative; C. Retain such records and accounts for a period of five(5) years; D. Submit a budget to CITY which shall constitute the limitations on expenditures for each category, subcategory and line item of expense; E. Not exceed the limitations so established and not to shift amounts among line items without a properly executed modification to this Contract. 13. 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 such period of any applicable statute of limitations thereafter, the following named individuals shall be the authorized representatives of the parties: A. City of Omaha,Nebraska Paul Landow Mayor's Chief of Staff 1819 Farnam Street, Suite 300 Omaha, NE 68183 (402) 444-5000 B. Domestic Violence Coordinating Council of Greater Omaha Joan Skogstrom, Executive Director 8990 West Dodge Road, Suite 205 Omaha, NE 68114 (402) 398-9928 Executed this o2 9' 44 day of Ttt lU , 2004, by the City of Omaha, Nebraska. 1 ATTEST: CITY OF OMAHA,NEBRASKA . By: YX.t..14:4 )04%1-77 City Clerk - Mayor APP OVED'AS TO FORM: LiFfX:.il2W._5 a4 /60{,t City Attorney Date Executed this /8S417 day of , 2004, by Domestic Violence Coordinating Council of Greater Omaha. WITNESS: DOMES C VIO ► GE COORDINATING COUNC SF ' .A DER OMAHA 1 /I : : _......-7410110 ;7647241.5.A.) Execf r I P:\MAY\10757pjm.doc -6- c-25A CITY OF` OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the Domestic Violence Coordinating Council (DVCC) is a Nebraska non-profit corporation and has been allocated the sum of Twenty Thousand Dollars ($20,000) from the 2004 Budget for the "Women Against Violence" program, for services to be provided from January 1, 2004, through and including December 31, 2004; and, WHEREAS, the Mayor has recommended approval of the contract for the intervention, advocacy, and education services to be provided by the DVCC in accordance with the provisions of the contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the contract with the Domestic Violence Coordinating Council and the City of Omaha, as recommended by the Mayor and made in accordance with the provisions of Section 5.17 of the Omaha Home Rule Charter, 1956, as amended, for intervention, advocacy and education services, in the amount of $20,000 is approved, and is payable from the 2004 Omaha/Keno Lottery Fund 12118, Organization 126023. P:\MAY\10881pjm.doc APPRO D AS TO FORM: ZO2r1 G//i/jj CITY ATTORNEY DATE By 'a D . . • ouncilmember Adopte• UL 2 7 20041‘404-2 City Clerk Approved.. )(IA:A-4-i _ ayor . g 2 \ g Ia ! _ § ƒ t \ oo 3 m § \ (J _ \ & a \i-c " 2 9 = S \ � a , � � 6 7 / o 7 & 9 CI- \ ° ? O _ / ° \ o § \ \ = " � k -1 a n © n m 0 . & § S \ 1=-11) c ƒ ginA c _.2 $ \ 0 bV.I. S o j - \ k • 7 k k §• m 2 = 7 = =• 7 ° CI / o \ ƒ = § 5 I #' C / 0 8' • • - �� � % G© . .. � . _ . . % » - _ � . .