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RES 2001-3190 - Agmt with Catholic Charities for protective custody program and facility 3'ya . ov,NHA, OMAHA POLICE ; i - z Pip,poi rrt'TED FEIVO) ('o'QRTM`�a City of Omaha '�� �'�`` Mike Fahey,Mayor ��rl Donald L.Carey Chf Police Honorable President 02)4f 44-5666 (402)444-5666 FAX:444-4225 and Members of the City Council, 505 South 15th Street Omaha,Nebraska 68102-2769 www.opd.ci.omaha.ne.us Submitted herewith for your consideration is a Resolution approving an Steve A.Coufal Agreement between the City of Omaha and Catholic Charities of the Deputy Chief of Police Archdiocese of Omaha. Barbara J.Hauptman Deputy Chief of Police The City is in need of temporary housing for intoxicated individuals Brenda J.Smith found on public or quasi-public property who are in an incapacitated Deputy Chief of Police state and who are a danger to themselves or others. This Agreement provides that Catholic Charities of the Archdiocese of Omaha will accept a designated number of persons for placement in protective custody during calendar year 2002. In consideration, the City will pay$42,000.00 in equal quarterly installments. The funds have been allocated by this Council in the 2002 City budget and will be paid from 2002 Keno/Lottery Fund 120,Agency 180, Organization 1810. Your favorable consideration of this Resolution is respectfully requested. Respectfully submitted, Referred to City Coun ' for.Consideration: PnaldLAttCt� 9 -GIDL. Carey Date Mayor's Offi, /Title Date Chief of Police Approved: Approved: /1/24 30i Stanley P. Tirr% Date Regi d L. Y g bate Finance Director Human Relations ector P:\OPD 1\2095 sap.doc A Nationally Accredited Law Enforcement Agency 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 Catholic Charities of the Archdiocese of Omaha, Inc., a Nebraska non-profit corporation with its principal place of business at 3300 North 60th Street, Omaha, Nebraska 68104, sometimes hereinafter referred to as"Contractor." RECITALS WHEREAS, Sections 53-1,121 et seq., Neb. Rev. Stat. 1943, provides that law enforcement officers may place in civil protective custody intoxicated individuals found on public or quasi- public property who are in an incapacitated state and who are a danger to themselves or others; and, WHEREAS, the City is in need of temporary housing for such individuals in need of protective custody; and, WHEREAS, Catholic Charities is capable and desires to provide an appropriate protective custody program and facility for'a twelvemonth period. NOW, THEREFORE,,in consideration of the mutual covenants contained herein, the parties agree as follows: 1. SERVICES TO BE PROVIDED BY CATHOLIC CHARITIES: The Contractor shall: a. Accept for admittance and assume the safekeeping, custody, care, and sustenance for a maximum of four persons at any one time who are presented for placement in civil protective custody at the facility identified by the Contractor. Said safekeeping, custody, care, and sustenance provided shall include, but not be limited to, lodging and the provision of adequate and wholesome food. b. Monitor all persons admitted to the Civil Protective Custody Program, to be operated at Omaha Campus for Hope located at 1490 North 16th Street, to ensure access to appropriate medical services. The Contractor may, at its discretion, reject a person presented for protective custody for one of the following stated reasons: (1) the person is in apparent need of immediate medical attention; (2) the person is too violent for the staff to control; or, (3) the maximum bed limitation set forth in subparagraph (a) above would be exceeded. In the event that one of the foregoing occurs, the Contractor may, in its'discretion, reject such person for the purposes of supplying protective custody pursuant to this Agreement. c. Maintain its civil protective custody facilities in a safe, clean, and sanitary condition at all times. Additionally, the Contractor shall ensure that all doors providing ingress and egress to the protective custody ward or room shall remain locked. t e 2 • d. Comply with all federal, state, and local laws, fire codes, Health Department regulations, formal written rules, regulations, policies, and procedures applicable to the provision of services pursuant to this Agreement including, but not limited to, those pertaining to health, sanitation, safety, welfare, and civil protective custody. This shall include the procurement of all licenses and permits required by any governmental authority for the operation of the protective custody facility. The protective custody facility is to be operated on a 7-day per week, 24-hour per day basis. At all times during said operation, the Contractor shall have personnel on duty who are certified and qualified to use an Alco-Sensor blood content machine. e. Administer an Alco-Sensor test upon admission and periodically thereafter, as necessary, to verify alcohol content. f. Exercise its discretion in discharging individuals from protective custody under this Agreement in the following circumstances: i. a blood alcohol content of 0.00 of the individual under protective custody; ii. the release of the individual is requested by a person who satisfies the Contractor's criteria as a responsible party; iii. upon the expiration of 24 hours from the time the person was admitted for protective custody; and iv. for any of the reasons set forth in paragraph 1.b.(1), (2), or(3). g. Protect and accurately account for all personal effects and belongings of all individuals held in civil protective custody. It is understood and agreed that in the event of loss or damage to said items, the Contractor shall be solely and totally responsible for the amount of loss or damage. h. Maintain all data, statistics, schedules, and reports pertaining to the operation of the civil protective program. Said reports, data, and statistics shall include, to the extent o p P �' p allowed by law, information relating to all persons held in civil protective custody for the previous month; the length of time that each individual spent in civil protective custody; the date and time of admittance and release of each such individual; and the name of the law enforcement officer(s) who placed the intoxicated persons in civil protective custody. Said records shall be made available for inspection to the City at any time. The parties agree that said records are accessible to the City pursuant to the provisions of Sections 2.53, 42 C.F.R. Part 2. The City hereby affirms that it will comply with the limitations on the disclosure of information provided to it pursuant to this paragraph as set forth in Sections 2.53(d), 42 C.F.R. Part 2. 2 f ` 2. ADMISSION FORMS: The City will be responsible for preparing and providing to the Contractor a sufficient number of admission forms to be utilized over the term of this Agreement. It shall be the responsibility of the Contractor to ensure that the forms are completed accurately and in their entirety at the time of admission. The City may have access to these forms at any time. 3. NON-DISCRIMINATION: The Contractor shall 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,political or religious opinions, affiliations, or national origin. 4. INSURANCE: During the time that this Agreement is in effect, the Contractor shall maintain public liability insurance in amounts not less than $1,000,000.00 per occurrence or $5,000,000.00 in aggregate for any claims or causes of action that may arise from the performance of this Agreement. 5. 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. 6. COMPENSATION: In consideration of the services herein provided, the City agrees to pay the Contractor the sum of Forty-Two Thousand no/100 Dollars ($42,000.00)payable as follows: January 2002 $ 10,500.00 April 2002 $ 10,500.00 July 2002 $ 10,500.00 October 2002 $ 10,500.00 TOTAL $ 42,000.00 7. EQUIPMENT: The City shall provide and maintain Alco-Sensors to Contractor and shall provide the appropriate training to personnel of the Contractor to qualify them for certification for use of the Alco-Sensor testing device. At the termination of this Agreement or any extensions thereof, said Alco-Sensor testing devices provided pursuant to this Agreement shall be returned to the City of Omaha. -3- 8. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE: Annexed hereto as Exhibit "A," and Made part hereof by reference, are the equal employment provisions of this Contract. Refusal by the Contractor or Subcontractor 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 the Contractor in violation until it is determined that the Contractor or Subcontractor 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 the Contractor or Subcontractor demonstrates that he/she has established and shall carry out the policies of the program as herein outlined. 9. CAPTIONS: Captions used in this Contract are for convenience and are not used in the construction of this Agreement. 10. 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. 11. 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. 12. INTEREST OF THE CONTRACTOR: The Contractor covenants that he/she 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; he/she further covenants that in the performance of this Contract, no person having any such interest shall be employed. 13. 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. -4- 14. 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. 15. 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. 16. CODE PROVISIONS: During the term of this Contract, the Contractor 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 which shall constitute the limitations on expenditures for each category, subcategory, and line item of expense; 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. -5- • 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 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: (1) City of Omaha Don Carey, Chief of Police Omaha Police Headquarters 505 South 15th Street Omaha,NE 68102 (2) Catholic Charities Scot Adams, Executive Director 3300 North 60th Street Omaha,NE 68104 dk EXECUTED this 2 9 day of aci , `OO p20 O /• ATTEST: CATHOLIC -.:,!TIES, a Nebr.: a Non-' .! V o%• . F.on vi ,c.t. LIJ By •-�� - - Secretary -. 7 dams, Executive Director EXECUTED this 0°I- day of 2C•c„-7 G.-j , 2000 ATTEST. •' CITY OF OMAHA, a Municipal Corporation By )1%..4.61h.4. e-4/1-4. City Clerk, City of Omaha Mayor, City of Oma APPROVED AS TO FORM: City Attorney : OPD 1\2094sap.doc • -6- Section 5.28.070. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE All contracts hereinafter entered into by the City of Omaha shall incorporate an Equal Employment Opportunity Clause, which shall read as follows: 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 or national origin. The contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to their race, religion, color, sex, or national origin. 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, or national origin. 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 of Omaha 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 5.28.070 to 5.28.090, 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 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. 1 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 8 herein, including penalties and sanctions for noncompliance, provided, however, that 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 is necessary to protect the interests of the City and to effectuate the provisions of the Ordinance 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 5.28.080 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. P:\OPD 1\2097sap.doc 2 c-25 , CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,pursuant to Sections 53-1,232 et seq., Nebraska Revised Statutes 1943, law enforcement officers may place in protective custody any intoxicated person found on public or quasi-public property who is in an incapacitated state and who is a danger to themselves or others; and, WHEREAS, the City of Omaha has negotiated an Agreement with Catholic Charities to provide a facility to be operated at Omaha Campus for Hope located at 1490 North 16th Street for the temporary housing of intoxicated individuals taken into protective custody by officers of the Omaha Police Department for the period from January 1 to December 31, 2002, in consideration of the sum of$42,000.00; and, WHEREAS, it is in the best interest of the citizens of the City of Omaha that the City enter into said Agreement with Catholic Charities to provide an appropriate protective custody program and facility; and, WHEREAS, the Contractor has on file a current Annual Contract Compliance Report Form CC-1. As is City policy, the Human Relations Director will review the Contractor to ensure compliance with the Contract Compliance Ordinance; and, WHEREAS, the Mayor recommends approval of said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the attached Agreement, as recommended by the Mayor,between the City of Omaha and Catholic Charities for a protective custody program and facility to be operated at Omaha Campus for Hope located at 1490 North 16th Street, for intoxicated individuals taken into protective custody by officers of the Omaha Police Department for the period from January 1 to December 31, 2002, is hereby approved. Funds in the amount of$42,000.00 will be paid in equal quarterly installments from the 2002 Omaha Keno/Lottery Fund 120, Agency 180, Organization 1810. P:\OPD1\2096sap.doc APPROVED S 0 FORM: CITY ATTORNEY DATE By nciTmei ber Adopted '- � �, _ Ct-Q-/jOgc5(5 6-5: 710.77,60/I ' City Clerk Approved. . . 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