RES 2004-0729 - Agmt with Douglas county for community service programs F 0MAHA,N4'6
;�`,�°'silkiRECEIVED Law Department
Omaha/Douglas Civic Center
z 1( �J_ v ' > � 1819 Farnam Street,Suite 804
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Omaha,Nebraska 68183-0804
�Ao� 4y^' CITY CLERK (402)444-5115
�rED FEB?'"r Telefax(402)444-5125
City of Omaha ( 1 s 16.H �t Paul D.Kratz
Mike Fahey,Mayor City Attorney
Honorable President
•
and Members of the City Council,
The purpose of the attached Resolution, prepared at the request of Councilmember Garry
Gernandt, is to approve a five year Agreement, pursuant to the Interlocal Cooperation Act,
between the City and the County of Douglas to expand community service opportunities for
those individuals in the Douglas County House Arrest, Work Release and Day Reporting
Community Services Programs. The City will receive manual labor at no cost for City projects
which would not otherwise be accomplished.
Respectfully submitted,
4111Pie) efir0*_
"o A. Cavel ~__'V
Assistant City Attorney
P:\Law1\10779pjm.doc
AGREEMENT
This Agreement is hereby made and entered into this day of Pia , 2004,by. and between
the CITY OF OMAHA, a municipal corporation organized and existing under'the laws of the State of
Nebraska located in Douglas County,Nebraska, (hereinafter referred to as "City") and THE COUNTY OF
DOUGLAS, a body politic, organized and existing under the laws of the State of Nebraska (hereinafter
referred to as "County").
WHEREAS, County engages in House Arrest, Work Release and Day Reporting Community
Services Programs for offenders in its custody;and,
WHEREAS,City can provide such work opportunities;and,
WHEREAS, City and County desire to set'forth, in writing, their agreement in
connection therewith; and,
WHEREAS, such an agreement falls within the intent and purposes of the Interlocal Cooperation
Act,Neb.Rev. Stat. §§ 13-801 through 13-827.
NOW,THEREFORE,for and in consideration of the mutual covenants and agreements herein
contained,the City and County do hereby mutually undertake,promise,agree and contract each for itself
and its successors and assigns as follows:
I. PURPOSE
The purpose of this Agreement is to specify the terms and conditions upon which County will
supply offenders from its Community Sentencing Programs to provide manual labor for City projects,
• including, but not limited to, grounds maintenance, trash pickup, painting, sweeping of parking lots, and
counting parts as is more specifically set forth on the task list which is attached hereto as Exhibit"A" and
incorporated herein by this reference. Such offenders will participate on a voluntary basis and will not be
paid for such work. No separate legal entity shall be created to conduct this program and City shall be the
lead administrator for purposed of Section 13-804(4)(a).
II. TERM
This term of this Agreement shall be approximately five (5) years commencing on the date of
execution and ending on December 31, 2008, provided, that this Agreement may be cancelled by either
party,upon seven(7) days advance written notice to the other, at the completion of the thirty(30) day trial
period specified herein below at paragraph III., and thereafter upon thirty(30) days written notice by either
party to the other.
Any real or personal property acquired for purposes of performing its obligations hereunder by
City or County shall remain the property of the acquiring party throughout the term of this Agreement and
thereafter upon termination.
III. INITIAL TRIAL PERIOD
City and County agree that this program of utilizing offenders for City work activities will
commence with a thirty day trial period. Upon the completion of such thirty day trial period, City and
County will each timely evaluate the program and shall immediately notify the other if it elects not to
continue participation in the program thereafter.
IV. RIGHTS DUTIES AND OBLIGATIONS OF CITY
City agrees to:
1. Schedule City work activities for offenders of either approximately three (3) or eight(8)
hours duration; schedule regular specific days of the week for such work which
aremutually agreeable to City and County and schedule with County all work activities at
least one week in advance of the date of performance.
2. Document the dates and times offenders are involved in City work activities, in a form
and manner acceptable to County.
3. Coordinate scheduling of offenders with the employee of the County designated to
coordinate the County's participation in such project.
4. Provide onsite direction on work activities to be performed by offenders.
•
V. RIGHTS DUTIES AND OBLIGATIONS OF COUNTY
• County agrees to:
1. Provide offenders from its Community Sentencing Programs to perform various work
duties as specified by City. Such offenders shall be available at the dates and times
specified by City as mutually agreed by County.
2. Coordinate scheduling of such offenders with the employee of the City designated to
coordinate the City's participation in such project.
3. Transport, at its cost, such offenders from the Douglas County Correctional Facility to .
the work site specified by City and back to the Douglas County Correctional Facility.
Such transportation requirement shall be limited to one site per day per offender crew
unless otherwise agreed by County.
4. Provide,at its cost, a sack lunch to offenders who are transported for eight(8)hour work
projects.
5. Provide, at its cost, a correctional officer to supervise, for security purposes, each
offender work crew assigned to perform City work activities.
VI. INDEMNIFICATION
A. County covenants and agrees to indemnify and hold harmless the City of Omaha, its 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
asserted by County, any offender participating in City work activities or by anyone else, for
personal injury or death, or property damage in any way arising out of or resulting from the
selection and provision of offenders for City work activities, transportation of offenders to and
from the City work activities sites,provision of meals to offenders, supervision of offenders by its
correctional officers or any other duty of County under this Agreement and County further agrees
to pay all expenses in defending against any claims made against the City;provided,however,that
County shall not be liable for any injury, damage or loss occasioned by the negligence or willful
misconduct of the City,its agents or employees.
City covenants and agrees to indemnify and hold harmless the County of Douglas, its 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
asserted by City, any offender participating in City work activities or by anyone else, for personal
injury or death, or property damage in any way arising out of or resulting from the scheduling of
City work activities for offenders, direction provided by City to offenders performing City work
activities, the performance of work activities by offenders on City property, at City worksites, or
directly related to such offenders' community service for City pursuant to this Agreement, or any
other duty of City under this Agreement and City further agrees to pay all expenses in defending
against any claims made against the County; provided, however, that City shall not be liable for
any injury, damage or loss occasioned by the negligence or willful misconduct of the County, its
agents or employees.
County and the City shall give prompt and timely notice of any claim made or suit instituted
which, in any way, directly or indirectly, contingently or otherwise, affects or might affect either
part'.
•
B. Countyand City shall each furnish to the other satisfactory evidence that it carries Workers'
Compensation Insurance or is an authorized self insured employer in accordance with the laws of
•
the State of Nebraska.
C. Upon receipt of notice from the other, City and County shall each take such action as the other
shall deem necessary and expedient to insure that the other is held harmless from any liability
from any cause whatsoever arising as a result of its performance pursuant to this Agreement to any
person,individual or entity.
•
VII. INDEPENDENT CONTRACTOR
It is understood and agreed by and between County and City that any and all acts that each or its
respective personnel, employees, agents, contractors, or servants, performs pursuant to the terms of this
Agreement shall be undertaken as independent contractors and not as employees of the other. The City and
County shall each act in their individual capacities and not as agents, employees, partners,joint venturers
or associates of the other. An employee or agent of one shall not be deemed or construed to be the
employee or agent of the other for any purpose whatsoever. Neither City nor County nor its respective
personnel,employees, agents,contractors,or servants shall be entitled to any benefits of the other. Neither
the City nor the County shall provide any insurance coverage to the other or its employees including, but
not limited to, workers' compensation insurance. City and Countyshall each pay all wages, salaries and
other amounts due its respective employees and shall be responsible for all reports, obligations, and
payments pertaining to social security taxation, income tax withholding, workers' compensation,
unemployment compensation, group insurance coverage, collective bargaining agreements or any other
such similar matters. Neither City nor County shall have authority to bind the other by or with any contract
or agreement,nor to impose any liability upon the other. All acts and contracts of City or County shall be
in its own name,respectively and not in the name of the other,unless otherwise provided herein.
VIII. RECORDS
City and County each agree to prepare,keep and maintain records, in a method,location and for a
time period satisfactory to the other,necessary to determine that it was in compliance with the terms of this
Agreement and to identify offenders participating in the program,hours and dates worked, duties to which
each offender was assigned on each date of participation, and supervisors who provided oversight. City
and County shall each have the right to audit and examine such records during usual business hours upon
reasonable advance notice to the other.
IX. NONDISCRIMINATION
City and Countyshall not, in the performance of this Agreement, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age,
disability, as defined in the Americans with Disabilities Act of 1990, political or religious opinions,
affiliations or national origin.
X. ASSURANCE OF DRUG FREE WORKPLACE POLICY
City assures County that City has established and maintains a drug free workplace policy.
• XI. GENERAL CONDITIONS
A. Captions
Captions used in this Agreement are for convenience and are not used in the construction of this
Agreement.
B. Applicable Law _
Parties to this Agreement shall conform with all existing and applicable City ordinances,
resolutions, state and local laws, federal laws, and all existing and applicable rules and regulations.
Nebraska law will govern the terms and the performance under this Agreement.
C. Interest of the City
Pursuant to section 8.05 of the Home Rule Charter,no elected official or any officer or employee
of the City shall have a fmancial interest, direct or indirect, in any City contract. Any violation of this
section with the knowledge of the person or corporation contracting with the City shall render the contract
voidable by the Mayor or Council.
D. Interest of the County
County covenants that it presently has no interest and shall not acquire any interest, direct or
indirect, which would conflict with the performance of services required to be performed under this
Agreement; it further covenants that, in the performance of this Agreement, no person having any such
interest shall be employed.
E. 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.
F. Modification
This Agreement 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.
G. Approval of Amendments
The parties hereto acknowledge that, as of the date of the execution of this agreement, Section
10-142 of the Omaha Municipal Code provides as follows: "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. The
provisions of this Section will be quoted in all future City contracts. Nothing in this Section is
intended to alter the authority of the Mayor under Section 5.16 of the City Charter to approve
immediate purchases."
H. Strict Compliance
All provisions of this Agreement and each and every document that shall be attached shall be
• strictly complied with as written,and no substitution or change shall be made except upon written direction
from an authorized representative.
I. Assignment
Neither County nor City may assign its rights under this Agreement without the express prior
written consent of the other.
J. Successors and Assigns Bound by Covenants
All covenants, stipulations and agreements in this Agreement shall inure to the benefit of the
parties hereto and extend to and bind the legal representatives, successors, and assigns of the respective
parties hereto.
K. 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 Agreement and
for the period of any applicable statute of limitations thereafter, the following named individuals shall be
the authorized representatives of the parties:
•
1. City of Omaha
Larry N.Foster,Acting Director
Parks,Recreation and Public Property Department
Omaha/Douglas Civic Center
1819 Farnam Street Suite 701
Omaha,NE 68183
2. County of Douglas
Omaha,NE 68183
EXECUTED this day of al ci ,2004.
EST: COUNTY OF DOUGLAS
By
Title
APPRO ED AS TO FO •
a . )--t_ AI 1, 61/
Deputy CountyAttorne
Attorney
EXECUTED this lq!"day of ,2004.
CITY OF OMAHA,a Municipal Corporation
ATTEST:
•
By IlekA:-424
City lerk,City of Omaha Mike Fahey,Mayor of the of Omaha
F.
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APPROVED-AS TO FORM:
Assista t Attorney
p:\douglas co labor supply ag 2
i
EXHIBIT A
Offender Work Program (O.W.P.)
It is to be understood that work performed by the O.W.P.personnel is to be work of an unskilled nature.
Offenders will not use power tools,nor will they be used in a manner which reduces overtime of regular,
full time City or County employees. Supervision of the offenders will be provided by City/County
employees. Supervisors and Offenders will be given clear orders so there will be no confusion as to what
tasks are to be completed.
Typically,the Offender Work crews are used to provide the following services:
• 1. Pick up litter on the right-of-way
2. Sweep sidewalks along major streets in the Spring before the street is swept
3. Cover and/or remove graffiti
4. Shovel snow from crosswalks in downtown
5. Clean sidewalks in low income areas •
6. Cut and pull weeds
7. Clean alleys
8. Shovel mud from underpasses
9. Clean gum from the courthouse plaza
10. Moving books and files for various city departments
11. Pick up illegally dumped trash and debris •
12. Posting for residential brooming
13. Haul and spread wood chips
14. Clean up trails/shorelines
15. Sweep parking lots
16. Grounds cleanup
17. Remove debris from park roads
18. Remove weeds from landscape/planting areas
19. Cleaned vacant lots before mowing
c-tsar CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the County of Douglas, Nebraska engages in House Arrest, Work
Release and Day Reporting Community Services Programs for offenders in its custody; and,
WHEREAS, the City of Omaha can provide work opportunities for participants in
such programs; and,
WHEREAS, the City and County have set forth their duties and responsibilities in
connection therewith in the agreement attached hereto; and,
WHEREAS, such an Agreement is within the intent and purposes of the Interlocal
Cooperation Act, Neb. Rev. Stat. §§ 13-801 through 13-827; and,
WHEREAS, Douglas County Board of Corrections has previously approved this
Agreement; and,
WHEREAS, it is in the best interests of the City of Omaha to approve such
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, pursuant to the Interlocal Cooperation Act, Neb. Rev. Stat. §§ 13-801
through 13-827, the attached five year Agreement between the City of Omaha and the County of
Douglas, Nebraska to expand community service opportunities for those individuals in the
Douglas County House Arrest, Work Release and Day Reporting Community Services Programs
is hereby approved.
P:\Law1\10780pjm.doc APPROVED AS TO FORM:
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ASS T T CITY ATTORNEY DATE
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