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RES 1999-0530 - Contract with 911 Communicactions to combat domestic violence q 1 r•"'f" '-' - Office of the Mayor _ffr�. r 1819 Farnam Street,Suite 300 n®� r S9 FEB 19 PM Omaha,Nebraska 68183-0300 I 12: V 0 :Q ro (402)444-5000 °<Q �I.+ ", FAX (402)444-6059 Fp FEBti a C k F City of Omaha ..I ; Hal Daub,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 911 Communications, Douglas County in the amount of$23,313.00.. 911 Communications will receive$19,013.00 to pay for 50%of the 911 Technician salary and fringe benefits and $4,300.00 to purchase cassette tapes that are used in court as evidence against the offender. The 911 Communications Center will supervise a part-time 911 Technician who will produce 911 tapes to support the victimless prosecution strategy to combat domestic violence. 911 Communications,Douglas County 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, an eighteen month grant award, in the amount of$663,375.00, extending from October 1, 1998 -March 31, 2000,ratified by City Council on November 17, 1998, Resolution No. 3202. Your favorable consideration and adoption of this Resolution is respectfully requested. Respectfully submitted, Approved as to Funding: Hal Daub, Mayor Louis A. D'Ercole Date City of Omaha Finance Director nab P:\MAY\8783.SKZ AGREEMENT This Agreement is made and entered into this %,.2. day of Jc( t v.iZ , 199 9 by and between the City of Omaha, a municipal corporation (hereinafter referred to as "The City"Yand 911 Communications, Douglas County, a political subdivision, 3601 North 158th Street, Omaha,Nebraska 68116 (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 Supplemental Award; and, WHEREAS, The City has agreed to administer the VAWA Grants to Encourage Arrest Policies 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 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: 1. 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, an eighteen month grant application and outlined below: The 911 Communications Center will supervise a part-time 911 Technician who produces 911 tapes to support the victimless prosecution strategy to combat domestic violence. 911 Technician(50%)Salary+Fringe Benefits $ 15,210+ 3,803= 19,013 911 Cassette Tapes(.86 ea.x 5,000) 4,300 $23,313 911 Communications will prepare progress reports as requested by the Domestic Violence Coordinating Council and stated in this Agreement under Section C for submission to the City of Omaha and the VAWA Grants Administration Office. B. Contractor will comply with all of the guidelines and requirements of the Department of'Justice which are applicable to this Project specifically. Annexed hereto is Exhibit "A" the Grants to Encourage Arrest Policies 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 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 "B" and incorporated by this reference herein. 2. COMPENSATION. The City shall transfer funds to the Contractor in an amount not to exceed, under any circumstances, $23,313.00 ("Maximum Compensation"). The City shall advance $5,828.25 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 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. 3. TERM. This Agreement shall become effective on the date executed. 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. 4. 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 property 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 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. 5. 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. • 6. 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. 7. CAPTIONS. Captions used in this contract are for convenience and are not used in the construction of this contract. 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. 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. 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. 10. 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. 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. 13. ASSIGNMENT. Neither party may assign its rights under this contract without the express prior written consent of the other party. 14. 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: (a) CITY OF OMAHA,NEBRASKA Office of the Mayor 1819 Farnam Street, Suite 300 Omaha,Nebraska 68183 (402) 444-5000 (b) CONTRACTOR: Douglas County 911 Communications 3601 North 158th Street Omaha Nebraska 68116 Contact: Mark Conrey, Chief of Communications, 444-5800 EXECUTED this /02 day of -JO..M u.a , 19 9 r . CITY OF OMAHA,NEBRASKA DOUGLAS COUNTY,NEBRASKA CTIN Mayor D C omm s ner alr to O? 'ACTING IG ATTEST: ATTEST: 0 st f. County Clerk orown, Cityerk t APPROVED AS TO FORM: CHIEF OF C CATIONS 91 Assist ity Attorney Ma k Conrey Da e APPROVED AS TO FORM: Coun Atto GIF Date RJA/Encourage Arrest Policies Supplemental 12/98 ,�rt� / 4 • i 1 4' ... • BOARD OF COUNTY COMMISSIONERS DOUGLAS COUNTY,NEBRASKA Resolved WHEREAS, the City of Omaha (hereinafter"the City") 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 Supplemental Award (hereinafter"Award"); and, WHEREAS, the City has agreed to administer the VAWA Award; and, 1 WHEREAS, the City wishes to contract with Douglas County (hereinafter"the County") to obtain the County's services in the implementation of the VAWA Award; and, WHEREAS, the County's 911 Communications department will be providing services on behalf of the County, as specified in the attached agreement; and, WHEREAS, a reimbursement for its services, the City will pay the County an amount not to exceed twenty-three thousand three hundred and thirteen dollars ($23,313.00). NOW, THEREFORE, BE IT RESOLVED BY THIS BOARD OF COUNTY COMMISSIONERS, DOUGLAS COUNTY, NEBRASKA, THAT the attached agreement between the City of Omaha and Douglas County is hereby approved and adopted and the Chair of this Board is authorized and directed to execute said agreement. DATED this 12th day of January 1999. Motion by McCallister, seconded by Borgeson I move the adoption of the resolution. ADOPTED: January 12, 1999 YEAS: Borgeson, Boyle, Duda, Hutchings, McCallister, Harris, Pirsch (Certified Co .7 DOUGLAS COUNTY Cvi1411Xa h:/resol. a Certified Copy to: Commissioners,iCity of Omaha, 911 c-25A, �, CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr - 19 71. RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, 911 Communications desires to enter into a contractwith the City of Omaha in the amount of$23,313.00; and, WHEREAS,911 Communications will receive$19,013.00 to pay for 50%of the 911 Technician salary and fringe benefits and$4,300.00 to purchase cassette tapes that are used in court as evidence against the offender and, WHEREAS, the 911 Communications Center will supervise a part-time 911 Technician who will produce 911 tapes to support the victimless prosecution strategy to combat domestic violence; and, WHEREAS, 911 Communications, Douglas County 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, an eighteen month grant award, in the amount of$663,375.00, extending from October 1, 1998 - March 31, 2000, ratified by City Council on November 17, 1998, Resolution No. 3202; and, WHEREAS, the Mayor has recommended approval of the attached contract. 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 $23,313.00 between 911 Communications, Douglas County 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 - Supplemental Fund 175, Agency 200, Organization 6117. P:MAY\8784.sKZ APPROVED AS TO FORM: S ANT CITY ATTORNEY DATE By '714"14-144291-410.... Councihnember Adopted AR 2 199 "D City Clerk Approve ACTING Mayor f � � � OO � � � � O � � j N CD �` �. CD CCDD ") O n 0- O. Cw N '� 'T1 Cr7 O ram* O �' cc. p Ci 7 s A) o . C d. .O` .o Zao 25" �cm? -,l C pC 5-' CD bq`rt ' a � �q C WC C \ r q \ kc d ¢0ro -, 0 < t. O ` Nv ° C �oo -, a CD p I �- (. v ° CD 0 CDD s 5-\