RES 1997-0246 - Agmt with Catholic Charities for protective custody program r 11 •/ remiii
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OR'1EDFEBRVr�� CITY CLERK
City of Omaha OMt toA, NECi?A I`•
Hal Daub,Mayor Honorable President
Omaha Police Department
505 South 15th Street and Members of the City Council,
Omaha,Nebraska 68102-2769
(402)444-5600
James N.Skinner
Chief of Police Submitted herewith for your consideration is a Resolution approving an
(402)444-5666 Agreement between the City of Omaha and Catholic Charities of the Archdiocese
FAX:444-4225 of Omaha.
This Agreement provides that Catholic Charities of Archdiocese of Omaha will
accept a designated number of persons for placement in protective custody during
calendar year 1997. In consideration, the City will pay $42,000 in equal
quarterly installments.
The funds have been allocated by this Council in the 1997 City budget, and will
be paid from 1997 General Fund No. 001, Agency No. 180, Organization No.
1810.
Your favorable consideration of this Resolution is respectfully requested.
Respectfully submitted, Approved:
. 34
Ja s N. Skinner Date George Day' Date
C 'ef of Police Acting Hu an Relations Director
Approved as to Funding: Referred to the City Council for
Consideration:
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L uis A. D' rcole 4, Da e Mayor's Office/Tit e Date
sting Finance Dird6tdr
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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 nonprofit 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 twelve-month 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(4)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 insure
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 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.
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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 l.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
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.
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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. NONDISCRIMINATION
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, 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 per occurrence or $5,000,000 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 I st day of January, 1997,through and
including the 31st day of December, 1997.
6. COMPENSATION
In consideration of the services herein provided, the City agrees to pay the Contractor the
sum of forty-two thousand and no/100 dollars ($42,000)payable as follows:
January 2, 1997 $10,500.00
April 1, 1997 $10,500.00
July 1, 1997 $10,500.00
October 1, 1997 $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.
8. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
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Annexed hereto as Exhibit "A" and made a 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: 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; 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 has established and shall carry out the policies of the program as herein
outlined.
9. CAPTIONS
Captions used in this Agreement 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 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 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.
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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 of 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 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 assure 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 (5) 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.
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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
Agreement 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
James N. Skinner, Chief of Police
Omaha Police Headquarters
505 South 15th Street
Omaha,Nebraska 68102
(2) Catholic Charities
Scott Adams, Executive Director
3300 North 60th Street
Omaha,Nebraska 68104
EXECUTED this 3lj day of , 197d.
CATH I S
ATTEST:
By A/1U
Date Sco -dams±xecutive Director Date
EXECUTED this ,4ay of � , 19 f'
CITY OF O A, a Mud pal Corporation
ATTEST:
Zy ØByCit Clerk of Omaha Hal / &4'
b Mayor Date
� City y
APPROVED S TO F :
s is ty Attorney Date
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr " 19
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,pursuant to Sections 53-1,121 et seq.,Nebraska Revised Statutes 1943, r'
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 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, 1997,
in consideration of the sum of$42,000; 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 is hereby approved.
Funds in the amount of$42,000 will be paid in equal quarterly installments from the 1997 Omaha
General Fund No. 001,Agency No. 180, Organization No. 1810.
P:\LAW\5245.SKZ APPROVED AS TO FO .
TANT CITY ATTORNEY
By. *`
Councilmember
Adopted 71A0 41997 �
dor / /it Cler/
Approved .
Mayor O
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