RES 2002-1516 - Contract with NE Humane Society for animal control services 4. ., /ees /1/-/57
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City of Omaha a M Q 1
PdCE RASi<,1,
Mike Fahey,Mayor
Donald L.Carey
Chief of Police
(402)444-5666
FAX:444-4225
Honorable President
505 South 1.5th Street
• Omaha,Nebraska 68102-2769
and Members of the City Council, www.opd.ci.omaha.ne.us
Steve A.Coufal
Deputy Chief of Police
The purpose of the attached Resolution is to approve an amendment, to an Barbara J.Hauptman
agreement with the Nebraska Humane Society for animal control services Deputy Chief of Police
in 2002, which will provide up to an additional $80,000.00 in Brenda J.Smith
compensation for NHS. Deputy Chief of Police
Pursuant to the terms of the 2002 contract, the NHS has identified certain services which will not
be covered without additional compensation based on the license and impound fees collected to
date and projected to be collected for the remainder of the year. NHS anticipates a shortfall in
revenues over expenses of approximately $160,000.00 for 2002. The City has proposed to share
such deficit equally with NETS by paying NETS up to $80,000.00 in additional funding to provide
such continued services.
Payment will come from the Nebraska Humane Society Service Fund, Fund 120, Agency 180,
Organization 1813, Object 5001.
Respectfully submitted, Referred to City Council-or Consideration:
561-tva. L
, .. ii ,,„.,_
Donald Carey
Chief of Police Mayor's Offic Date
Approved as to Funding: Approved:
01:0144••—.) LIAZ
'Stanley P. T. >,u Date Reginald L. Yo g ate
Finance Director Human Relations Director
P:\Law1\7201pjm.doc
A Nationally Accredited Law Enforcement Agency ell
• AMENDMENT TO AGREEMENT
This Amendment to the Agreement between the City of Omaha and the Nebraska
Humane Society dated January 29, 2002 is hereby made and entered into this '?Ili' day of
, 2002.
WHEREAS, the City of Omaha and NHS entered into an Agreement for the provision of
animal control services on January 29, 2002; and,
WHEREAS, pursuant to the terms of such Agreement, NHS is to notify the City if the
compensation provided by license and impound fees is inadequate to cover the services required
under the contract; and,
WHEREAS, City received such notification on or about April 1, 2002 and has proposed
that the parties share equally the projected deficit of $160,000.00 and that the contract be
amended to include an additional amount of compensation to be paid the NHS to continue to
provide certain services, not to exceed $80,000.00; and,
WHEREAS, it is necessary to amend such Agreement to set forth such changes in the
duties and obligations of the parties; and,
WHEREAS, such Agreement provides that any amendments thereto must be done in
writing and signed by the authorized representatives of the parties.
NOW, THEREFORE, in consideration of these mutual covenants, the parties do hereby
agree to amend the attached Agreement as follows:
1. That the attached agreement dated January 29, 2002, is hereby
incorporated by reference.
2. That paragraph 4. encaptioned "Compensation" is amended to add
a new subparagraph d as follows:
a. In consideration of the services herein
provided, the City agrees to pay NHS the
sum of Two Hundred Fifty Thousand
Dollars ($250,000.00) (the "Compensation")
payable as follows:
January 1, 2002 $250,000.00
b. Further, NHS shall be entitled to a sum
equal to one-hundred percent (100%) of the
license fees and impound fees collected in
accordance with the provisions of Chapter 6
of the Omaha Municipal Code, and said fees
shall be paid and accounted for in
accordance with the terms and provisions of
these Code sections.
c. Should NHS determine that the
Compensation does not cover all Services,
then on or about April 1, 2002, NHS may
notify the City which Services will be
eliminated for the remainder of the contract
term and the costs thereof, including, the
basis for such cost calculations. Within
sixty (60) days after such notice (the
"Negotiation Period") the parties agree to
negotiate in good faith as to whether
additional compensation will be paid to
NHS by the City to continue all Services or
which Services are to be eliminated. During
the Negotiation Period the City may
determine which Services may be eliminated
immediately. At the end of the Negotiation
Period if the parties have failed to agree on
such additional compensation or the
Services to be eliminated, NETS may
immediately eliminate the services it
proposed to be eliminated for the remainder
of the contract term.
d. As a result of negotiation pursuant to
paragraph 4.c. City agrees to share the
projected deficit equally with NHS and to
pay NHS an amount up to $80,000.00 as
additional compensation to continue all of
the Services listed on Exhibit "A". Such
additional compensation shall be paid by
City on or about December 31, 2002, upon
receipt and review of an invoice from NHS
detailing the portion of the $80,000.00
requested and documentation of expenses in
excess of revenues to support such request.
3. That paragraph 4. as heretofore existing is hereby deleted.
4. That all other provisions of such Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the City of Omaha and NHS have executed this Amendment
to Agreement as of the day and year first written above.
NEBRASKA HUMANE SOCIETY
By / If
WI SS d Varn;", Executive Director
CITY OF OMAHA, A Municipal
Corporation,
By h.Wia..e
City erk of the City of Omaha Mike Fahey, Mayo
APPROVED AS TO FORM:
Ant City Attorney
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J.r
CONTRACT
THIS CONTRACT is entered into by and between the City of Omaha, a municipal
corporation in Douglas County, Nebraska, sometimes hereinafter referred to as "City," and the
Nebraska Humane Society, a Nebraska non-profit corporation with its principal place of business
at 8929 Fort Street, Omaha, Nebraska 68134, hereinafter referred to as "NHS".
•
RECITALS
WHEREAS, in furtherance of the health, welfare, and safety of the residents and citizens
of the City of Omaha, the City recognizes the need for control of animals; and,
WHEREAS, the statutes of the State of Nebraska and the ordinances of the City of
Omaha provide laws governing the care and control of animals; and,
WHEREAS, the City has no pound, poundmaster, staff or facilities to enforce said state
laws or city ordinances; and,
WHEREAS, under the provisions of the Omaha Municipal Code, the Mayor and the City
Council are authorized to enter into a Contract for the purpose of providing a shelter, staff, and
facilities and carrying out the enforcement of City ordinances or state laws dealing with animal
care and control; and,
WHEREAS, NHS owns and operates a shelter, maintains a staff and facilities, and is
capable and desirous of providing the City with certain enumerated services to enforce and carry
out the laws and ordinances for the care and control of animals within the limits of the City of
Omaha as defined by the zoning jurisdiction, including annexations thereto, during the term of
this Contract.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. DUTIES OF THE CITY:
The City, in fulfilling the conditions of the Contract for services rendered, agrees and
covenants with NHS as follows:
a. To cooperate with NHS and to furnish the services of the City Law Depaitinent,
the Douglas County Health Depaituient, and the Omaha Police Department
whenever, in the sole determination of the City, it shall be necessary to aid in the
enforcement and administration of the City ordinances under Chapter 6 of the
. Omaha Municipal Code.
•
b. To assist NHS with animal license requirements and compliance; provided, pet
license records are the property of NHS.
•
c. To pay NHS the compensation set forth in paragraph 4 hereof.
d. To review and monitor all the activities and functions of the NHS relating to this
Contract.
e. To prescribe accounting systems for records and accounts.
f. To require progress reports, including a annual Contract Completion Report, of
the activities and functions of the NHS.
g. To be responsible for and issue press releases regarding any interruption in
Services, as hereinafter defined, such press releases to be reviewed and approved
by NHS prior to release.
2. DUTIES OF NHS:
In carrying out the terms of this Contract,NHS agrees to provide the following services:
• a. To furnish an annual report of its activities to the Chief of Police of the City of
Omaha.
b. To issue licenses required and to enforce and carry out all the licensing
requirements relating to animals under Chapter 6 of the Omaha Municipal Code.
c. To act as poundmaster and to carry out the duties provided under Chapter 6 of the
Omaha Municipal Code, or as hereafter amended, and, within its authority, to
enforce all laws, City ordinances, and rules and regulations of the City of Omaha
and the State of Nebraska relating to the control of animals, both domestic and
wild, except animals considered vermin such as rats or mice, within the city limits
and the area of-the three-mile boundary of the City of Omaha, and to utilize the
assistance of the Omaha Police Department in the enforcement of the above laws.
d. To furnish the facilities and services of a shelter, shelter director, and staff to
enforce and administer the provisions of Chapter 6 of the Omaha Municipal Code
and Chapter 28, Article 10 of the Statutes of Nebraska.
e. To furnish the services as identified on Exhibit "A" hereto and incorporated
herein by reference (the "Services").
3. TERM:
This Contract shall be in full force and effect from the 1st day of January 2002, through
and including the 31st day of December 2002.
- 2 -
•
4. COMPENSATION:
a. ' In consideration of the services herein provided, the City agrees to pay NHS the
sum of Two Hundred Fifty Thousand Dollars ($250,000.00) (the
"Compensation") payable as follows:
January 1, 2002 $250,000.00
b. Further, NHS shall be entitled to a sum equal to one-hundred percent (100%) of
the license fees and impound fees collected in accordance with the provisions of
Chapter 6 of the Omaha Municipal Code, and said fees shall be paid and
accounted for in accordance with the terms and provisions of these Code sections.
c. Should NHS determine that the Compensation does not cover all Services, then
on or about April 1, 2002, NHS may notify the City which Services will be
eliminated for the remainder of the contract term and the costs thereof, including,
the basis for such cost calculations. Within sixty (60) days after such notice (the
"Negotiation Period") the parties agree to negotiate in good faith as to whether
•
additional compensation will be paid to NHS by the City to continue all Services
or which Services are to be eliminated. During the Negotiation Period the City
may determine which Services may be eliminated immediately. At the end of the
Negotiation Period if the parties have failed to agree on such additional
compensation or the Services to be eliminated, NHS may immediately eliminate
the services it proposed to be eliminated for the remainder of the contract term.
5. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE:
Annexed hereto as Exhibit "B," and made part hereof by reference, are the equal
employment provisions of this Contract. Refusal by NHS 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 all future payments under the involved contracts to NHS in
violation until it is determined that NHS is in compliance with the provisions of
the Contract;
b. Refusal of all future bids for any contracts with the City or any of its departments
or divisions until such time as NHS demonstrates that it has established and shall.
carry out the policies of the program as herein outlined.
- 3 -
6. NON-DISCRIMINATION:
NHS 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, or
disability as recognized under 42 USCS § 12101 et seq. and Omaha Municipal Code § 13-89,
political or religious opinions, affiliations, or national origin.
7. CAPTIONS:
Captions used in this Contract are for convenience and are not used in the construction of
this Agreement.
8. APPLICABLE LAW:
Parties to this Contract shall conform with 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.
• 9. 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 financial 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.
10. INTEREST OF THE CONTRACTOR:
NHS 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 Contract; it further covenants that , in the performance of this Contract, no person
having any such interest shall be employed.
11. 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.
12. 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.
-4 -
13. ASSIGNMENT:
NHS may not assign its rights under this Contract without the expressed prior written
consent of the City.
14. 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 or change shall be made except upon
written direction from an authorized representative.
15. INDEMNIFICATION:
NHS shall indemnify and save harmless the City of Omaha, its officers, employees, and
agents from all claims, suits, or actions of every kind and character made upon or brought against
the said City of Omaha, its officer, employees, and agents for or on account of any injuries or
damages received or sustained by any party or parties as a result of the negligence of the said
NHS or its servants, agents, and subcontractors in performing the work under this Contract.
16. CODE PROVISIONS:
During the term of this contract, NHS shall be familiar with and expressly follow the
provisions of Section 10-162 of the Omaha Municipal Code and shall be required to:
•
a. Maintain records and accounts, including property, personnel, and financial
records, as prescribed by the City to ensure 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 years;
d. Submit a budget to the City Council;
e. Not exceed the limitations so established and not to shift amounts among line
items without a properly executed modification of the Contract;
f. Submit to the City Council progress reports on a quarterly basis of all activities
and functions for which funds of the City are received;
g. Submit to the City Council a Contract Completion Report; and,
h. Be subject to all federal and local legislation prohibiting discrimination, including
Title VI of the Civil Rights Act, the Fair Employment Practices Ordinance, and
the provisions of the Home Rule Charter of the City of Omaha, 1956.
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17. 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 progress, 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:
(1) City of Omaha
Don Carey, Chief of Police
Omaha Police Headquarters
505 South 15th Street
Omaha, NE 68102
(2) Nebraska Humane Society (NHS)
Judy Varner, Executive Director
8929 Fort Street
Omaha, NE 68134
EXECUTED this / day of JU , 2002.
ATTEST: NEBRASKA HUMANE SOCIETY (NHS),
a Nebraska Non-Profit Corporation
By:
J dy V/ er, Executive Director
EXECUTED this day of , 2002.
ATTEST: CITY OF OMAHA, a Municipal Corporation
By:
City Clerk, City of Omaha Mayor, City of Omaha
APPROVED AS TO FORM:
-1 • a•ve.<_
• -='moo City Attorney
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EXHIBIT "B"
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract, the Contractor agrees as follows:
(1) The Contractor shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, or disability as defined by the
Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The
Contractor shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, religion, color, sex
or national origin. The Contractor shall take all actions necessary to comply with the
Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13)
including, but not limited to, reasonable accommodation. As used herein, the word
"treated" shall mean and include, without limitation, the following: Recruited, whether •
advertising or by other means; compensated; selected for training, including
apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and
terminated. The Contractor agrees to and shall post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting •
officers setting forth the provisions of this nondiscrimination clause.
(2) The Contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive consideration for
employment without regard to race, religion, color, sex, national origin, or disability as
recognized under 42 USCS 12101 et seq.
(3) The Contractor shall send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding a notice advising
the labor union or worker's representative of the Contractor's commitments under the
Equal Employment Opportunity Clause of the City and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4) The Contractor shall furnish to the contract compliance officer all Federal forms
containing the information and reports required by the Federal government for Federal
contracts under Federal rules and regulations, and including the information required by
Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records.
Records accessible to the Contract Compliance Officer shall be those which are related to
Paragraphs (1) through (7) of this subsection and only after reasonable notice is given the
Contractor. The purpose for this provision is to provide for investigation to ascertain
compliance with the program provided for herein.
EXHIBIT "B"
PAGE 2
(5) The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing the provisions of Paragraphs (1) through (7) herein,
including penalties and sanctions for noncompliance; however, in the event the
Contractor becomes involved in or is threatened with litigation as the result of such •
directions by the City, the City will enter into such litigation as necessary to protect the
interests of the City and to effectuate the provisions of this division; and in the case of
contracts receiving Federal assistance, the Contractor or the City may request the United
States to enter into such litigation to protect the interests of the United States.
(6) The Contractor shall file and shall cause his subcontractors, if any, to file compliance
reports with the Contractor in the same form and to the same extent as required by the
Federal government for Federal contracts under Federal rules and regulations. Such
compliance reports shall be filed with the Contract Compliance Officer. Compliance
reports filed at such times as directed shall contain information as to the employment
practices, policies, programs and statistics of the Contractor and his subcontractors.
(7) The Contractor shall include the provisions of Paragraphs (1) through (7) of this Section,
"Equal Employment Opportunity Clause", and Section 10-193 in every subcontract or
purchase order so that such provisions will be binding upon each subcontractor or vendor.
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Attachment A
Services provided to the City of Omaha by the Nebraska Humane Society
Stray animal
Pick-up
Housing
Return to owner
License
Production
Tracking
Compliance enforcement
Cruelty
Investigation
Ordinance violation enforcement
Deceased animal pick-up—private and/or public property
Removal of animals killed on roadways
Wildlife
Pick-up of caged wildlife
Capture of wildlife endangering citizens or public safety (i.e. deer running in the
City)
Disaster Preparedness (a member of VOAD)
Police Assistance
Emergency Response after midnight
Animal rescue
Rabies (animal bites)
Tracking
Quarantine of animals
'Dangerous Animal capture and containment
Loose livestock capture—not on owners property
Emergency response
Animal euthanasia •
Pet shop inspections
Cattery inspections
Animal attraction inspections
Animal lost and found
Assist and serve as a member of the City's Problem Resolution Team
7
273924
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha and the Nebraska Humane Society entered into
an Agreement for the provision of animal control services on January 29, 2002; and,
WHEREAS, pursuant to the terms of such Agreement, the Nebraska Humane
Society is to notify the City if the compensation provided by license and impound fees is
inadequate to cover the services required under the contract; and,
WHEREAS, City received such notification on or about April 1, 2002 and has
proposed that the parties share equally the projected deficit of$160,000.00 and that the contract
be amended to include an additional amount of compensation to be paid the Nebraska Humane
Society to continue to provide certain services, not to exceed $80,000.00; and,
WHEREAS, it is necessary to amend such Agreement to set forth such changes in
the duties and obligations of the parties; and,
WHEREAS, such Agreement provides that any amendments thereto must be done
in writing and signed by the authorized representatives of the parties; and,
WHEREAS, attached hereto is the proposed amendment to the contract between
the City and the Nebraska Humane Society; and,
WHEREAS, it is in the best interests of the City of Omaha to enter into such
amendment with the Nebraska Humane Society; and,
WHEREAS, the Mayor recommends approval of such amendment.
NOW, THEREFORE, BE TT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
By
Councilmember
Adopted
City Clerk
Approved
Mayor
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
PAGE 2
THAT, as recommended by the Mayor, the attached amendment, to the contract
between the City of Omaha and the Nebraska Humane Society for the provision of animal
control services from January 1, 2002 through December 31, 2002, which provides for up to
$80,000.00 in additional compensation for the Nebraska Humane Society, is hereby approved;
and,
FURTHER THAT, the Finance Director is authorized to provide payment in an
amount not to exceed $80,000.00 pursuant to the terms of such amendment from the Nebraska
Humane Society Service Fund, Fund 120, Agency 180, Organization 1813, Object 5001.
P:\Law1\7202pjm.doc APPROVED AS TO FORM:
, E V ATTORNEY DATE
By `
• —ouncilmember
Adopted N 5 2002 ,_ 7 0
Vior
City Clerk
Approved /01,7*
. Mayor
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