RES 2002-1297 - Contract with Domestic Violence Coordinating Council for office of justice prgram, violence against women office liee-5-
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!-rylfri-Cf:i51' IL.# EIYLU Office of the Ma or
��� Cl1 ='r 1819 Famam Street,Suite 300 i
��; :tip 02 JUN —4 AM 12: 51 Omaha,Nebraska 68183-0300
o (402)444-5000
R'rFn FEea�t� CITY
CLERK
FAX:(402)444-6059
City of Omaha OMAHA, NE R.A5 e
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$42,203.00.
The DVCC will receive $19,000.00 to pay for 42% of the Director's salary, $10,000.00 for
Office of Justice Program, Violence Against Women Office required travel for technical
assistance and capacity-building activities, and $13,203.00 to contract for the development of a
domestic violence information management system. The DVCC staff will provide programmatic
oversight; clerical support and organization of grant specific projects. The DVCC will prepare
progress reports as requested, the 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.
The Domestic Violence Coordinating Council 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
grant award number 97-WE-VX-0104, a twelve month grant award in the amount of
$300,000.00,project date September 30, 2001 —October 1, 2002.
Your favorable consideration and adoption of this Resolution is respectfully requested.
Respectfully submitted, Approved:
livLice
4 2,f', __JO, 6 3��
Mike Fahey, Mayor Regi ld L. Yo g Date
Human Relations Director
Approved as to Funding:
, _61) .....
AO 1/ /4',04...0."—I k/3/0,a_ 1
Stanley P. Ti Date
Finance Director (0o
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,,
AGREEMENT
This Agreement is made and entered into this dr day of May, 2002 by and
between the City of Omaha, a municipal corporation (herein referred to as "the City") and the
Domestic Violence Coordinating Council of Greater Omaha, a nonprofit corporation, 8990 West
Dodge Road, Suite 205, Omaha, Nebraska 68114 (hereinafter referred to as "Contractor").
WHEREAS, the City of Omaha has received funds from the United States 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, Supplemental Award (S-3); 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 third VAWA Supplemental Grants to Encourage Arrest
Policies and Enforcement of Protection Orders Program application and outlined below:
The Domestic Violence Coordinating Council (DVCC) will provide and ensure the
necessary coordination between agencies receiving funding under the Grants to Encourage
Arrest Policies and Enforcement of Protection Orders Program proposal. Provide and ensure
programmatic and technical support that will assist the each agency determine the appropriate
duties and responsibilities as established in the grant application. The tasks will include:
problem-solving/resolution meetings to be scheduled with grant participants as necessary and
establish and maintain an effective and efficient reporting system for information and data.
DVCC Director will provide project administration/clerical support for the administration
of the grant. This will include preparing progress reports as requested, the semi-annual progress
reports and the final grant report as stated in the VAWA grant requirements to be submitted to
the City of Omaha and the VAWA Grants Administration Office. Reports are due within 45
calendar days after the end of the reporting periods, which are June 30 and December 31.
The DVCC will be responsible to coordinate the required Office of Justice Programs,
Violence Against Women Office travel for grant recipients and criminal justice partners to attend
technical assistance and capacity-building activities or events made available with OJP
designated contractors through the Violence Against Women Office and the coordination of the
contract for the development of a domestic violence information management system.
DVCC Project Administrator—42 % of time $19,000.00
Required OJP Travel 10,000.00
DV Information Management System 13,203.00
$42,203.00
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 "A" is the Grants to Encourage
Arrest Policies and Enforcement of Protection Orders Program Supplemental Award Special
Conditions.
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, which are June 30 and December
31 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 identify 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
"B" 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, $42,203.00 ("Maximum Compensation"). The City shall advance $21,101.50 out
of the Maximum Compensation to the Contractor for startup costs, contemporaneous with the
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 requests for reimbursement shall be accompanied by copies of receipts or
other auditable evidence. All requests for reimbursement shall be submitted to the City of
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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 September 30, 2001 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 "C" 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 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.
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
any funds transferred hereunder. Any violation of this section shall render the contract voidable
by the City or the Contractor.
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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.
XL
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
Domestic Violence Coordinating Council of Greater Omaha
8990 West Dodge Road
Suite 205
Omaha, Nebraska 68114
Contact: Don Carey, Chair, DVCC 444-5666
Joan SSkogstrom, Director, DVCC 398-9928
•
EXECUTED this 4 day of Yttip.41 , 20 p
CITY OF OMAHA, NEBRASKA DOMESTIC VIOLENCE COORDI-NATING
COUNCIL OF GREATER OMAHA
)eN..4.14.4. -a-�� L C sl2 kla )--
Mike Fahey, Mayor Date C air Date
ATTEST: `-4' - DOMESTIC VIOL' NCE COORDI-NATING
COUN ' ATER OMAHA •
Buster"Brown,.City Clerk ate DVCC '641 ��,� Date
off^
APPROVED AS TO FORM:
(1)PA titnp .JIz ) D�r
Assistant City Attiey Date
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•
- 6 - '
• Exhibit "A"
•
U.S.DEPARTMENT OF JUSTICE
f! n
:g� /� OFFICE OF JUSTICE PROGRAMS
S*}` //f PAGE 1 OF 3
f j ► Violence Against . Grant
�e+h'' ,„*,f; Women Office
•
•
•
I.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 1 99 7-WE-VX-0 1 04
City of Omaha
1819 Farnarn Strcct Suite 300 5.PROJECT PERIOD:FROM 03/01/1997 TO 10/012002
Omaha,NE 68183-0300
BUDGET PERIOD:FROM 03/01/1997 TO 1 0/0 1 2002
6.AWARD DATE 09/302001 7.ACTION
IA.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBER Supplemental
476006304 03
_
9.PREVIOUS AWARD AMOUNT S 1,318,371
3.PROJECT TITLE --- - 10.AMOUNT OF THIS AWARD S 300,000
Grants to Encourage Arrest Policies and Enforcement of Protection
Orders Program II.TOTAL AWARD S 1,618,371
12.SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED 2 PAGES.
•
13.STATUTORY AUTHORITY FOR GRANT
This project is supported under Title I of the Omnibus Crime Control and Safe Streets Act of 1968.42 U.S.C.3701,ET.SEQ.,as amended.
15.METHOD OF PAYMENT
PAPRS •
•
•
AGENCY APPROVAL GRANTEE ACCEPTANCE
16.TYPED NAME AND TITLE OF APPROVING OJP OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
Tracy A.Henke Mike Fahey.
Principal Deputy Assistant Attorney General Mayor
•
17.SIGNATURE OF APPROVING OW OFFICIAL 19.SIGNATURE OF AUTHORIZED CIPIENT OFFICIAL 19A.DATE
•
10-22-01
AGENCY USE ONLY
20.ACCOUNTING CLASSIFICATION CODES 21. W401D00046
FISCAL FUND BUD. DIV. •
YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT
X B W4 29 00 00 00 300000
•
•
OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE.
•
•
OW FORM 4000/2(REV.4-88)
U.S.DEPARTMENT OF JUSTICE AWARD CONTINUATION
OFFICE OF JUSTICE PROGRAMS
1�' SHEET PAGE 2 OF 3 •
\,'�/JJJ/ Violence Against Grant
«r0..r Women Office
PROJECT NUMBER I997-WE-VX-0I04 AWARD DATE 09/30/2001
SPECIAL CONDITIONS
I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs(OJP)Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is
required to submit one pursuant to 28 C.F.R.Section 42.302),that is approved by the Office for Civil Rights,is a
violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the
recipient is in compliance.
• 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States,
Local Governments,and Non-Profit Organizations,as further described in the current edition of the OJP Financial
Guide,Chapter 19.
4. The grantee will provide the Violence Against Women Office(VAWO)with the agenda for any trainings,workshops,
or conferences that project staff propose to attend using grant funds. The grantee must receive prior approval from
VAWO before using VAWO grant funds to attend any training,workshops,or conferences not sponsored by VAWO.
5. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the
end of the reporting periods,which are June 30 and December 31,for the life of the award. These reports will be
• submitted in an original and one copy,and mailed to the same address indicated in the Special Condition regarding
Financial Reports.
6. The recipient agrees to submit quarterly financial reports on Standard Form SF 269A. These reports will be submitted
within 45 days after the end of the calendar quarter,and a final report is due 120 days following the end of the award
period. The reports shall be submitted to the Office of Justice Programs,Office of the Comptroller,Attn:Control
Desk,Room 5303,810 7th Street,N.W.,Washington,D.C.20531.
7. The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during
the entire period of support under this award. This report will include detailed information about theproject(s)funded,
including,but not limited to,information about how the funds were actually used for each purpose area,data to support
statements of progress,and data concerning individual results and outcomes of funded projects reflecting project
sucesses and impacts. The final report is due 120 days following the close of this award period or the expiration of any
extension periods. Recipient shall submit an original and one copy of the report.
8. Approval of this award does not indicate approval of any consultant rate in excess of$450 per day,unless specifically
requested and justified in the approved funding proposal. A detailed justification must be submitted to and approved
by the Office of Justice Programs(OW)program office prior to obligation or expenditure of such funds.
9. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All
program income must be accounted for and used for the purposes under the conditions applicable for thevse of finds
under this award,including the effective edition of the OJP Financial Guide and,as applicable,either(1)28 C.F.R.part
66 or(2)28 C.F.R part 70 and OMB Circular A-I 10. Further,the use of program income must be shown on the
quarterly Financial Status Report,SF269.
•
10. The grantee agrees that grant funds will not be used to conduct public awareness or community education campaigns or
related activities.Grant funds may be used to support,inform,and outreach to victims about available services.
•
11. The grantee agrees that grant funds will not support activities that may compromise victim safety,such as: pre-trial
diversion programs or the placement of offenders charged with crimes of domestic violence in such programs;
mediation,couples counseling,family counseling or any other manner of joint victim-offender counseling;mandatory
counseling for victims of domestic violence;forcing victims to testify against their abusers.
OJP FORM 4000/2(REV.4-88)
•
U.S.DEPARTMENT OF JUSTICE AWARD CONTINUATION •
I!��`s� OFFICE OF JUSTICE PROGRAMS
'1� �iT SHEET PAGE 3 OF 3
1+`\_`.II�*c Violence Against Grant
° ' �"{ Women Office
•
PROJECT NUMBER I997-WE-VX-0104 AWARD DATE 09/30/200I
SPECIAL CONDITIONS
12. The recipient agrees to allocate S 15,000 of project funds for allowable costs to participate in VAWO-sponsored or
approved technical assistance. Technical Assistance includes,but is not limited to,training institutes,audio-
conferences,peer-to-peer consultations,focus groups,mentoring site visits,educational conferences and workshops
conducted by VAWO-designated contractors and on-site consultations with VAWO-designated contractors.
Participation is not limited to grant funded staff,and may include survivors,criminal justice professionals,and other •
persons involved in the initiative.
13. The grantee agrees that batterer intervention programs supported with grant funds must be part of a range of graduated
sanctions that use the coercive power of the criminal justice system to hold batterers accountable for their criminal
actions and help keep victims safe.Programs that focus on anger management for batterers or_couples counseling may
not be supported with grant funds.The grantee also agrees to obtain technical assistance and training from VAWO-
designated contractors on batterer intervention programs.
14. The recipient agrees that the development,revision and implementation of domestic violence policies,protocols,state
and tribal codes to enhance the investigation and prosecution of domestic violence cases and enforcement of civil
protective orders shall be conducted in partnership with domestic violence programs,women's groups or community
organizations that represent the views and concerns of domestic violence survivors.
15. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty(20) •
days prior to public release.Any publications(written,visual,or sound),whether published at the grantee's or
government's expense,shall contain the following statements:(NOTE:This excludes press releases,newsletters,and
issue analyses.)
"This project was supported by Grant No. awarded by the Violence Against Women Office,Office of
Justice Programs,U.S.Department of Justice.Points of view in this document are those of the author and do not
necessarily represent the official position or policies of the U.S.Department of Justice"
•
16. In each progress report that is submitted to the Violence Against Women Office,the recipient shall include information
on the effectiveness of the activities carried out with grant money,including,but not limited to the number of persons
served and numbers of persons seeking services who could not be served and other information as the Attorney General
may prescribe.
17. The recipientagrees that grant funds will not be used to support the development or presentation of a domestic
violence;sexual assault and/or stalking curriculum for primary or secondary schools.The grantee further agrees that
grant funds will not be used to teach primary or secondary school students from an already existing curriculum.
18. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28
C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable.
Should OW determine 28 C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as
per 28 C.F.R.23.20(g). Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
19. The recipient shall submit for VAWO review and approval any anticipated addition of,removal of,or change in
collaborating partner agencies or individuals who are signatories of the Memorandum of Understanding.
20. The grantee agrees to cooperate with the National Institute of Justice and the Violence Against Women Office on
officially-sponsored evaluation initiatives measuring the program effectiveness and impact.
OJP FORM 4000/2(REV.4-88)
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Domestic Violence Coordinating Council (DVCC) desires to
enter into a contract with the City of Omaha in the amount of$42,203.00; and,
WHEREAS, The DVCC will receive $19,000.00 to pay for 42% of Me Director's
salary, $10,000.00 for Office of Justice Program, Violence Against Women Office required
travel for technical assistance and capacity-building activities, and $13,203.00 to contract for the
development of a domestic violence information management system. The DVCC staff will
provide programmatic oversight; clerical support and organization of grant specific projects. The
DVCC will prepare progress reports as requested, the 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 Domestic Violence Coordinating Council 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 97-WE-VX-
0104, a twelve month grant award in the amount of$300,000.00, extending from September 30,
2001 -October 1, 2002; 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$42,203.00
between the Domestic Violence Coordinating Council and the City of Omaha is approved by
resolution of this Council.
By
Councilmember
Adopted
City Clerk
Approved
Mayor
CITY OF OMAHA
.r LEGISLATIVE CHAMBER
Omaha,Nebr
PAGE 2
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 —
Supplemental Number 3, Fund 175, Agency 200, Organization 6119.
• APPROVED AS TO FORM:
CIT ATTORNEY DATE
P:\MAY\11402f.doc
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