RES 1999-0531 - Contract with NE probation for probation domestic violence victim specialist officer 4°,4'6?-51
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Office of the Mayor
- r� a 1819 Farnam Street,Suite 300
.f"® _C[!:IMF Omaha,Nebraska 68183-0300
(402)444-5000
A°' �D FEBR�1.1' FAX (402)444-6059
City of Omaha
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 the State of Nebraska Probation in the amount of$216,742.00.
The State of Nebraska Probation will receive $59,663.00 to pay the salary and benefits for a
Probation Domestic Violence Victim Specialist Officer working directly with the domestic violence
victims who has the right to be heard in the sentencing process and whose need for safety continues
through the same period that the batterer is involved in the court system.
The State of Nebraska Probation will receive $119,325.00 to pay the salary and benefits for two
Domestic Violence Field Service Officers to closely supervise the enforcement and accountability
segments of the probation contract imposed by the court and$37,754.00 will pay salary and benefits
for probation clerical support staff to process the paperwork required within the Domestic Violence
Probation Unit.
The State of Nebraska Probation 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, by Resolution No. 3202.
Your favorable consideration and adoption of this Resolution is respectfully requested.
R. pectfully submitted, Ap roved as to Funding:
I ,i � S
al Daub, Mayor Louis D'Ercole, Director to
City of Omaha
P:\MAY\8695.SKZ
•
AGREEMENT
This Agreement is made and entered into this Li day of /i iOiil G& , 199 by and between
the City of Omaha, a municipal corporation (hereinafter referred to as "The City") and the State of Nebraska
Probation Office, H-05 Civic Center, Omaha, Nebraska 68183 (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 Victim Specialist Officer works directly with the victim who has a right to be heard in the sentencing process and whose
need for safety continues through the same time period that the batterer is involved in the court system. The Field Service Officers
closely supervises the enforcement and accountability segments of the probation contract imposed by the court. The Clerical Support
staff will process the paperwork required within the Domestic Violence Probation.Unit.
Probation Victim Specialist Officer Salary+Fringe Benefits $47,730+ 11,933= 59,663
2 Probation Field Service Officers Ci
$95,460+ 23,865= 119,325
Probation Clerical Support $30,203+ 7,551 = 37,754
$216,742
The State Probation Office 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.
VA t
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, $216,742.00 ("Maximum Compensation"). The City shall advance $54,185.50 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 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
;n 3
(b) CONTRACTOR:
State of Nebraska Probation Office
H-05 Civic Center
Omaha NE 68183
Contact: Deb Minardi, Chief Probation Officer 444-4648
EXECUTED this day of ��'142. l , 19 �r7.
CITY OF OMAHA,NEBRASKA STATE OF NEBRASKA
PROBATION OFFICE
Atx, 3/� J 8hh
"WCTIIVG y
Ma or D to dministrator Date
ATTEST:
3/ 0,
er Brown, City Clerk Date
APPROVED AS TO FORM:
A stant ttorney
MA/Encourage Arrest Policies Supplemental 12/98
0:, 4
1
C-25A '
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr 19
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the State of Nebraska Probation desires to enter into a contract with the
City of Omaha in the amount of$216,742.00; and,
WHEREAS,the State of Nebraska Probation will receive$59,663.00 to pay the salary
and benefits for a Probation Domestic Violence Victim Specialist Officer working directly with the
domestic violence victims who has the right to be heard in the sentencing process and whose need
for safety continues through the same time period that the batterer is involved in the court system;
and,
WHEREAS, the State of Nebraska Probation will receive $119,325.00 to pay the
salary and benefits for two Domestic Violence Field Service Officers to closely supervisor the
enforcement and accountability segments of the probation contract imposed by the court and$37,754
will pay salary and benefits for probation clerical support staff to process the paperwork required
within the Domestic Violence Probation Unit; and,
WHEREAS, the State of Nebraska Probation 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 by 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$216,742.00
between the State of Nebraska Probation 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
Encourage Arrest Polices - Supplemental Fund 175, Agency 200, Organization 6117.
P:\MAY\8696.SKz APPROVED AS TO FORM:
By
Councilmember T CITY ATTORNEY DATE
Adopted
City Clerk
Approved
Mayor
► 1
C-25A fi
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr -• 19
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the State of Nebraska Probation desires to enter into a contract with the
City of Omaha in the amount of$216,742.00; and,
WHEREAS,the State of Nebraska Probation will receive$59,663.00 to pay the salary
and benefits for a Probation Domestic Violence Victim Specialist Officer working directly with the
domestic violence victims who has the right to be heard in the sentencing process and whose need
for safety continues through the same time period that the batterer is involved in the court system;
and,
WHEREAS, the State of Nebraska Probation will receive $119,325.00 to pay the
salary and benefits for two Domestic Violence Field Service Officers to closely supervisor the
enforcement and accountability segments of the probation contract imposed by the court and$37,754
will pay salary and benefits for probation clerical support staff to process the paperwork required
within the Domestic Violence Probation Unit; and,
WHEREAS, the State of Nebraska Probation 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 by 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$216,742.00
between the State of Nebraska Probation 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\8696.SKZ APPROVED AS TO FORM:
. ?"--. .?-.-31=7,
By .7'1 #'4'014.1/5."--0{-1.44,..,
Councilmember STANT CITY ATTORNEY DATE
Adopted ,, :l 2 1999 O
... . ... . . ..
City Clerk * 0
___77_,JA91.
Approved
�
ACTING Mayor
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