RES 2004-0223 - Contract with NE state probations for domestic violence probation field officers cokHA,4,4,4
RECEIVED
` " nt Office of the Mayor
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o , 011 13 PJ1 3: j 1 Omaha,Nebraska 68183-0300
Aro (402)444-5000
4TFo FEBROre i'I I y CLERK FAX:(402)444-6059
City of Omaha (4AH k NEEiRA fc
Mike Fahey,Mayor
Honorable President
and Members of the City Council,
Submitted foryour consideration is a Resolution approving a contract between the Cityof
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Omaha and the State of Nebraska Probations in the amount of$127,296.00.
The State of Nebraska Probations will receive $127,296.00 for salary for 2 fulltime Domestic
Violence Probation Field Officers. The State of Nebraska Probations has the responsibility to
supervise and manage the 2 fulltime DV Field Officers and to submit semi-annual progress
reports that describe project activities within 30 days after the end of the reporting periods.
The State of Nebraska Probations has signed the attached agreement stating they will provide the
following services and be responsible to provide project requirements as stated in the U.S.
Department of Justice, Office of Justice Programs, Violence Against Women Act (VAWA),
under the latter department's Grants to Encourage Arrest Policies and Enforcement of Protection
Orders Program, project date October 1, 2003 - September 30, 2005 for the sum of$453,038.00,
approved by City Council on December 2, 2003, Resolution No. 1513. Funds of $127,296.00
have been appropriated and will be paid from Fiscal Year 2004, Fund 12152, Organization
130738. The Finance Department is authorized to pay the cost from this account.
Your favorable consideration and adoption of this Resolution is respectfully requested.
Respectfully submitted, Approved:
}/1-A-k4-1‘ 4/ . d„
Mike Fahey, Mayor Date Gail Kinsey Th mpson Date
Human Relations Director
Approved as to Funding:
. ' . 6/D9
Stanley P. Ti Date
Finance Director
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AGREEMENT
This Agreement is made and entered into this 0,71/11 day of aci 2004 by and
between the City of Omaha, a municipal corporation (herein referred to as "the City") and the
State of Nebraska Probation Office, Room 164 Hall of Justice, Omaha, Nebraska 68183
(hereinafter referred to as "Contractor").
WHEREAS, the City of Omaha has received funds from the United States Depaifluient of
Justice, Office of Justice Programs, Violence Against Women Act (VAWA), under the latter
department's Grants to Encourage Arrest Policies and Enforcement of Protection Orders
Program, Supplemental Award(S-4); and,
WHEREAS, the City has agreed to administer the VAWA Grants to Encourage Arrest
Policies and Enforcement of Protection Orders Program Supplemental Award; and,
WHEREAS, the City wishes to contract with the Contractor as described below, to obtain
the Contractor's services in the implementation of the VAWA Grants to Encourage Arrest
Policies and Enforcement of Protection Orders Program Supplemental 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 VAWA Supplemental Grants to Encourage Arrest Policies
and Enforcement of Protection Orders Program application and outlined below:
The Nebraska State Probation Office will fund two full time Domestic Violence
Probation Field Officers. The two DV Probation Officers will conduct interviews, provide DV
offender supervision, conduct home and work visits, pursue probation revocation in all
Protection Order violation incidents, and regularly report to the DVCC the monthly probation
DV statistics. The DV Unit will attend and participate in bi-monthly DV case reviews that
discuss high risk offenders and victims.
The Nebraska State Probation Office will assume responsibility to enter all relevant data
obtained on DV offenders sentenced to probation. Authorized DV Probation Officers will
receive training and education on the use of the DVISS.
The Nebraska State Probation Office — Domestic Violence Probation Field Officers will
provide progress reports as requested per the Grant Award Special Conditions No. 9 — Exhibit
"A". 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 Domestic Violence Coordinating Council (DVCC) , Joan L. Skogstrom,
Director; 8890 West Dodge Road, Suite 205, Omaha,Nebraska 68114.
The Nebraska State Probation Office—Domestic Violence Probation Unit, in partnership
with the DVCC will continue to work toward the coordination of the community's response to
domestic violence and the goal of the project to reduce the incidents of DV, increase safety nets
and resources to all abuse victims throughout Douglas County.
Grant/Budget Project Period 10/01/2003 —07/30/2005
State of Nebraska Domestic Violence Probation Unit
2 Full Time Domestic Violence Probation Field Officers Salaries
$15.30/hr x 2080hrs/yr x 2 Officers x 2yrs $127,296.00
B. The Contractor will comply with all of the guidelines and requirements of the
Department of Justice, Office of Justice Programs, Violence Against Women Office, which are
applicable to this Project specifically. Annexed hereto as Exhibit "B" is the Grants to Encourage
Arrest Policies and Enforcement of Protection Orders Program Grant Narrative and Detailed
Budget.
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
"C" 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, $127,296.00 ("Maximum Compensation"). The City shall advance $63,648.00
out of the Maximum Compensation to the Contractor for startup costs, contemporaneous with the
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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, Project Accounting, 1819
Farnam Street, 10th Floor, Omaha,Nebraska 68183.
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.
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V.
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
Annexed hereto as Exhibit "D" and made a part hereof by reference are the equal
employment provisions of this contract. 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:
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
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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.
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:
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(a) CITY OF OMAHA
Office of the Mayor
1819 Farnam Street, Suite 300
Omaha, Nebraska 68183
(402) 444-5000
(b) CONTRACTOR
State of Nebraska Probation Office
Room 164
Hall of Justice
Omaha, Nebraska 68183
Contact: Deb Minardi, Chief Probation Officer District #4, 444-4648
EXECUTED this d2 A day of /Ii^u 7 , 20 oy<
CITY OF OMAHA, NEBRASKA STATE OF NEBRASKA PROBATION
)1.)M•32.4 , *et
� 1010-6 4
Mike Fahey, Mayor a Deb Minardi, ief Probation Officer Date e
ATTEST:
-r.
:uste"r Brown, ity Clerk _ ata
APP fY'AS TO FORM:
L
017 c/a/7-
'
ssistant City Attorney Date
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c-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the State of Nebraska Probations desires to enter into a contract with
the City of Omaha in the amount of$127,296.00; and,
WHEREAS, The State of Nebraska Probations will receive $127,296.00 for
Salary for 2 fulltime Domestic Violence Probation Field Officers. The State of Nebraska
Probations will supervise and manage the 2 field officers. The Nebraska State Probations will
prepare semi-annual progress reports and the final grant report as requested in the VAWA grant
requirements and stated in this Agreement under Section C for submission to the City of Omaha
and the VAWA Grants Administration Office; and,
WHEREAS, the Nebraska State Probations has signed the attached agreement
stating they will provide the following services and be responsible to provide project
requirements as stated in the Violence Against Women Act grant award number 1997-WE-VX-
0104, a twenty two month supplemental grant award in the amount of $453,038.00, extending
from September 30, 2003 —July 30, 2005; and,
WHEREAS, the Mayor has recommended approval of the contract attached.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the contract in the amount of$127,296.00
between the Nebraska State Probations and the City of Omaha is approved by resolution of this
Council.
BE IT FURTHER RESOLVED:
THAT, the Finance Director is authorized to pay the cost of this contract from the
Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program — Fund
12152, Organization 130738.
•
P:\MAY\10239pjm.doc APP VED AS TO FORM: ,4/ 2/4017
CITY ATTORNEY DATE
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By ;
Councilmember
Adopted 'FEB 2 4 2004 1-0
City Clerk
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