RES 1999-0530 - Contract with 911 Communicactions to combat domestic violence q
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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
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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.
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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.
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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
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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
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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
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