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RES 2004-0223 - Contract with NE state probations for domestic violence probation field officers cokHA,4,4,4 RECEIVED ` " nt Office of the Mayor zap�`�f�"� N �,5� C1 �f FEB 1819 Farnam Street,SuiteV 300 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 pP g 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 P:\MAY\10197pjm.doc 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 - 2 - 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. - 3 - 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 - 4 - 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: - 5 - (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 P:\MAY\10129pjm.doc - 6 - 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 •a ;. 1 ro#4041 • By ; Councilmember Adopted 'FEB 2 4 2004 1-0 City Clerk Approved/1' ``'` „- 1— c � 0 Mayor ro b O 5 5 Cr O a g �' O o p d cr, `1 CAD r° p c . owo . 6' c o C� C n ,- CD st . b � � o; . :Hi! � Z o Z -n I0 rrJ O Z P ° V V n JJIfP1. AD c. O n FCD-s C� --• p cD C O O n p "' "' CDC_ P �o cP cc, O1 x `.S .v-' vA' COD O� COD G. Q- O CD