ORD 41930 - Agmt with Douglas County Administrative Office to provide funding for travel of 2 employees to Association of Threat Assessment Professionals Conference ORDINANCE NO. VaD
AN ORDINANCE (1) to approve an Agreement between the City of Omaha and Douglas County
Administrative Office in the amount of six thousand, nine hundred twenty three dollars
($6,923); and (2) to authorize funding for such agreement from the City of Omaha's FY
2018 STOP School Violence Prevention Program (SVPP), Award #2018-SV-WX-0045,
awarded by the U.S. Department of Justice, Office of Community Oriented Policing
(COPS); to provide funding for the travel of three employees serving as members of the
Threat Assessment and Crisis Intervention Team to the Association of Threat
Assessment Professionals Conference in 2019 and 2020; to authorize payment from
such grant funding and involving appropriations of more than one year in conformity with
Section 5.17 of the Home Rule Charter; and, providing for the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That, as recommended by the Mayor, the agreement between the City of
Omaha and Douglas County Administrative Office in the amount of six thousand, nine hundred
twenty three dollars ($6,923) to provide funding for three employees serving as members of the
Threat Assessment and Crisis Intervention Team to the Association of Threat Assessment
Professionals Conference in 2019 and 2020, budgeted from and funded by the U.S. Department
of Justice (DOJ), Office of Community Oriented Policing (COPS), FY 2018 STOP School
Violence Prevention Program, Award #2018-SV-WX-0045; is hereby approved.
Section 2. That, the Agreement shall extend from June 1, 2019 to September 30, 2020,
commencing upon approval of this ordinance. In conformity with Section 5.17 of the Home Rule
Charter, total expenditures as outlined in the attached budget, from such grant funds and
involving appropriations of more than one year, are hereby authorized and the Finance Director
is authorized to make payment in accordance therewith.
ORDINANCE No. g3D
Page 2
Section 3. The total required financial match for this award has been committed by a
private foundation, as documented in the award acceptance, and provided herein.
Section 4. That this Ordinance being administrative, and not legislative, in character
shall be in full force and take effect immediately upon passage.
INTRODUCED BY COUNCILMEMBER.
Clut:474-4-tgA-44""A-°
APPROVED BY:
s/
MAYOR OF THE CITY OF OMAHA DATE
PASSED
AUG 2020191
. ATTEST:
CITY CLERK OF CITY OF OMAHA DATE
APPROVED AS TO FORM:
.J 7I l/22SuJ2&
EP TY CITY ATTORNEY ATE
P:\MYR\0035AP
AGREEMENT
yy This Agreement is made and entered into this .0U'� day of kL4lISt , 2019 by and
between the Cityof Omaha, a municipal corporation (herein referred to as "the ") and the Douglas
P IP tY g
County Board of Commissioners,Douglas County Administrative Office, 1819 Farnam Street,LC2,
Omaha,NE 68183-0100(hereinafter referred to as "Contractor").
WHEREAS, the City of Omaha has received funds from the U.S. Department of Justice, Office
of Community Oriented Policing, FY 2018 STOP School Violence Prevention Program, Award #2018-
SV-WX-0045; and,
WHEREAS, the City has agreed to administer the U.S. Department of Justice, Office of
Community Oriented Policing, FY 2018 STOP School Violence Prevention Program, Award #2018-SV- 1
WX-0045 (hereinafter referred to as"Grant Award"); and,
WHEREAS, the City will issue a subaward with the Contractor as described below, to obtain the
Contractor's services in the implementation of the Grant Award.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,
the City and the Contractor mutually undertake and agree as follows:
I.
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 will provide the services and duties as stated more fully in the Grant
Award and Special Conditions, Grant Application, Project Timeline, Revised Budget/Budget Narrative,
and any future approved budget modifications.
The Contractor will send one(1)attendee to the 2019, and two(2)attendees the 2020 Association
of Threat Assessment Professionals(ATAP)conference.
Douglas County,Douglas County Sheriffs Office
Consultant Item Computation Cost
2019 Association of Threat Assessment Professionals(ATAP) Conference: Anaheim,CA
Registration $675 x 1 attendee $ 675
Airfare $450/flight x 1 flight $ 450
Hotel $173/night x 1 room x 4 nights $ 692
Hotel Tax $692/stay x 17%tax rate $ 118
Ground Transportation $50/roundtrip x 1 attendee $ 50
Meals $64/day x 3 days x 1 attendee $ 192
First/Last Day Meals $48/day x 2 days x 1 attendee $ 96
Airport parking $7/day x 5 days x 1 attendee $ 35
2019 ATAP Conference Subtotal: $2,308
Consultant Item Computation Cost
2020 Association of Threat Assessment Professionals(ATAP) Conferences-location TBD
Registration $675 x 2 attendees $1,350
Airfare $450/flight x 2 flights $ 900
Hotel $173/night x 2 rooms x 4 nights $1,384
Hotel Tax $1,384/stay x 1 7%tax rate $ 235
Ground Transportation. $50/roundtrip x 2 attendees $ 100
Meals $64/day x 3 days x 2 attendees $ 384
First/Last Day Meals $48/day x 2 days x 2 attendees $ 192
Airport parking $7/day x 5 days x 2 attendees $ 70
2020 ATAP Conferences Subtotal: $4,615
Douglas County Sheriff's Office: $6,923
B. The Contractor will be responsible for all aspects of the project including day-to-day
management, bidding, purchasing, installation, and implementation. The identity of the chief executive of
the Contractor and any changes thereof shall be provided to the City.
C. The Contractor shall maintain an accounting system that accurately tracks income and
expenditures associated with this agreement separate from other agency funds.
D. The Contractor agrees to comply with the financial and administrative requirements set
forth in the City of Omaha Grants Management Handbook.
E. The Contractor agrees to comply with any additional requirements that may be imposed
during the grant performance period if the City determines that the Contractor is a high-risk grantee.
F. The Contractor shall be in compliance with specifications outlined in the solicitation
under which the approved application was submitted. The program solicitation is hereby incorporated by
reference into this award.
G. The Contractor understands and agrees that grant funds may'be frozen if the Contractor
does not respond in a timely fashion to requests to address audit findings and financial or programmatic
monitoring findings.
H. The Contractor shall allow the City 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. The Contractor shall retain all grant documents for a minimum of
five years following the completion of this agreement.
I. The Contractor will implement and enforce, as to its employees, a drug-free workplace
policy substantiality similar to the City of Omaha's policy which is on file with the Human Resources
Department.
J. The Contractor will provide an executed W-9 Verification form.
K. The Contractor is required and hereby agrees to use a federal immigration verification
system to determine the work eligibility status of new employees physically performing services within
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the State of Nebraska. A federal immigration verification system means the electronic verification of the
work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program
designated by the United States Department of Homeland Security or other federal agency authorized to
verify the work eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne.us.
2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the
Contractor agrees to provide the US Citizenship and Immigration Services documentation required to
verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE)Program.
3. The Contractor understands and agrees that lawful presence in the United States is required and
the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev. Stat. §4-108.
II.
TERM
This Agreement shall become effective on the date of execution and shall terminate on September
30, 2020. Permissible expenditures under this grant incurred after June 1, 2019 will be paid as if they
occurred after the effective date. Either party may immediately terminate this Agreement upon mailing
prior 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. In the event the grant award period is extended by the grant awarding agency, the
Agreement shall automatically extend to the end of the approved extension.
In the event the Contractor requires an extension to the terms of the grant agreement, requests must be
submitted in writing to the City's Grant Manager no later than 45 days prior to the end of the grant award
period.
III.
COMPENSATION
The City shall compensate the Contractor in an amount not to exceed, under any circumstances,
$6,923 ("Maximum Compensation"). Following the execution of this Agreement, the Contractor must
submit quarterly reimbursement requests by the due by dates outlined under IV. Reporting Requirements.
Quarterly Reimbursement Requests must detail grant funds, and any match, expended during the quarter,
along with clear, concise, and detailed backup documentation supporting all expenses. Quarterly
Reimbursement Requests are required even if no grant funds or match funds were expended during the
time period. All requests for reimbursement shall be submitted electronically to the City of Omaha,
Mayor's Office, Grant Manager. Originals shall be retained in the Contractors records and made
available upon request for audit purposes.
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Any tangible equipment purchased by the Contractor with funds pursuant to this Agreement shall
be the property of the Contractor.
IV.
REPORTING REQUIREMENTS
The Contractor shall comply with all reporting, data collection and evaluation requirements, as prescribed
by the grant awarding agency and the City of Omaha as outlined in the Grant Management Handbook.
A. Report Filing Schedule: Programmatic performance reports are due quarterly as
identified below for the life of the Grant Award and during the term of this Agreement. Fiscal expense
and reimbursement requests are due quarterly as identified below for the life of the Grant Award and
during the term of this Agreement.
B. Close Out Reporting: Subaward Agreements will only be closed out once all final
documentation has been received from the Contractor and approved by the grant awarding agency. Final
programmatic performance reports, and fiscal expense and reimbursement requests are due by the
deadline identified below.
Progress Report Schedule
Reporting Fiscal Expense&Reimbursement Requests
Period Due by Date Delinquent After
Jan—Mar April 15 April 15
Apr—Jun July 15 July 15
Jul—Sep October 15 October 15
Oct—Dec Jan 15 Jan 15
Final Close Out 30 days after grant end 30 days after grant end
C. Subgrant Adjustment: Grant funds must be used for the purposes identified in the
Contractor's approved application. The Contractor shall not undertake any work or activities that are not
described in the grant application, and that uses staff, equipment, or other goods or services paid for with
grant funds, without prior written approval from the City's Grant Manager and the grant awarding
agency.
The Contractor must submit an adjustment request to the City when any of the following will
occur: the focus of the Contractor's funded project changes; there is a change in the start or end date of
the funded project; a new project director or fiscal officer is assigned to the grant funded project by the
Contractor; or a budget modification is requested by the Contractor to transfer dollars between budget line
items. No budget revisions are to be made by the Contractor without prior approval from the City and the
COPS Office.
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V.
INDEMNITY
To the extent allowed by law, 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 asserted by the Contractor or by anyone else, for personal injury
or death, or property damage in any way arising out of or resulting from the acts of the Contractor's
employees or agents pursuant to this Agreement, and the Contractor further agrees to pay all expenses in
defending against any claims made against the city of Omaha provided, however,that the Contractor shall
not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the
City, its agents or employees.
The Contractor, and the 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.
This Indemnification provision is not intended to waive a Party's sovereign immunity. A Party's
liability is governed by and limited to the extent provided by the Nebraska Political Subdivision Tort
Claims Act or other applicable provisions of law.
VI.
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract,the contractor agrees as follows:
1. The Contractor shall not discriminate against any employee applicant for employment
because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin.
The Contractor shall ensure that applicants are employed and that employees are treated during
employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity,
disability or national origin. As used herein, the word "treated" shall mean and include, without
limitation, the following: recruited, whether by 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, sexual orientation, gender identity or national origin, age,
disability.
3. The Contractor shall send to each 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 and shall post copies of the notice in conspicuous places available to employees and applicants
for employment.
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4. The contractor shall furnish to the Human Rights and Relations Director all federal forms
containing the information and reports required by the Federal Government for federal contracts under
federal rules and regulations, including the information required by section 10-192 to 10-194, inclusive,
and shall permit reasonable access to his records. Records accessible to the Human Rights and Relations
Director shall be those which are related to paragraphs (1) through (7) of this subsection and only after
reasonable notice is given the Contractor. The purpose of this provision is to provide for investigation to
ascertain compliance with the program provided for herein.
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 (7)herein, including penalties and
sanctions for noncompliance; however, 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 these provisions of this division; 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 Human Rights and Relations Director. 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 10-193 in every subcontract or purchase order so
that such provisions will be binding upon each subcontractor or vendor.
VII.
DEBARMENT OR SUSPENSION BY ANY FEDERAL AGENCY
Office of Management and Budget(OMB)guidelines require that any individual or entity that has
been placed on the Excluded Parties List System (EPLS - available for review through www.sam.gov)
may not be a participant in a Federal Agency transaction that is a covered transaction or act as a principal
of a person participating in one of those covered transactions. These guidelines apply to covered
transactions under a grant award from any Federal agency for which a recipient expects to receive
reimbursement for expenditures incurred or an advance on future expenditures.
The Contractor providing goods and/or services to the City of Omaha, by acceptance and
execution of this Agreement agrees, that neither it nor its principals is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction
by any Federal department or agency. Contractor further agrees, by accepting and executing this
Agreement, that it will include this clause without modification in all lower tier transactions, solicitations,
proposals, contracts, and subcontracts. Where the Contractor or any lower tier participant is unable to
certify this statement, it shall attach an explanation to this Agreement.
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VIII.
INDEPENDENT CONTRACTOR
It is understood and agreed by and between the parties that any and all acts that the Contractor or
its employees, agents, contractors or servants perform pursuant to the terms of this Agreement shall be
undertaken as independent contractors and not as employees of the City. Neither Contractor nor any of its
employees or agents shall be construed to be the employee or agent of the City for any purpose
whatsoever. Contractor shall not be entitled to any benefits of the City. The City shall not provide any
insurance coverage to the Contractor or its respective employees including, but not limited to workers'
compensation insurance. Contractor and the City shall each pay all wages, salaries and other amounts due
to its respective employees and shall be responsible for all reports, obligations, and payments pertaining
to social security taxation, income tax withholding, workers' compensation, unemployment
compensation, group insurance coverage, collective bargaining agreements or any other such similar
matters. Contractor shall have no authority to bind the City or by or with any contract or agreement, nor
to impose any liability upon the City. All acts and contracts of the Contractor shall be in its own name
and not in the name of the City,unless otherwise provided herein.
IX.
CAPTIONS
Captions used in this contract are for convenience and are not used in the construction of this
contract.
X.
APPLICABLE LAW
Parties to this contract shall conform to 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.
XI.
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 Agreement or in any funds
transferred hereunder. Any violation of this section shall render the Agreement 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
Agreement; it further covenants that, in the performance of this Agreement, no person having any such
interest shall be employed.
XII.
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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.
XIII.
MERGER
This Agreement 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.
XIV.
MODIFICATION
This Agreement 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.
XV.
ASSIGNMENT
Neither party may assign its rights under this Agreement without the express prior written consent
of the other party.
XVI.
CONTRACT DOCUMENTS
Contractor is responsible for review of and compliance with each of the terms of this Agreement.
The parties agree that this Agreement shall include, as if fully set forth herein, the Grant Award and
Special Conditions, Grant Application, Project Timeline, Revised Memorandum of Understanding,
Revised Budget/Budget, Narrative FFATA Reporting Form; Subaward Attachment; and Audit
Certification which are attached hereto.
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DocuSign Envelope ID: EDA7F641-2211-4BA6-A28C-0A659401046E
•
XVII.
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:
(a) CITY OF OMAHA
Jean Stothert,Mayor •
Office of the Mayor
1819 Farnam Street, Suite 300
Omaha,Nebraska 68183-0300
Contact:Amber Parker, Grant Manager
Phone: (402)444-5211
(b) CONTRACTOR
Douglas County Board of Commissioners
Commissioner Chris Rodgers,Chair
1819 Farnam Street, LC2
Omaha,NE 68183-0100
Contact: Carrie Davis,Grant Coordinator
Phone: (402)444-1782
EXECUTED this Z(.3 day of )g(I��4 , 2019.
CITY OF OMAHA,NEBRASKA DOUGLAS COUNTY BOARD OF
• COMMISSIONERS
/--DocuSigned by:
/23<19
� Jun 25, 2019
•--4AF253E196A1417...
Jean Stothert, Date Chris Rodgers, Date
Mayor Chair •
ATTEST: COUNTY COMMISSIONERS
ADM1NIS 1RATIVE OFFICE
p—DxuSlgMil by.
J1Patric!` btor"itnttJun 25, 2019
Elizabeth But D2(/7:
Patrick Bloomingdale, Date
City Clerk Chief Administrative Officer
APPROVED AS TO F APPROVED AS TO FORM:
—DocuSigned by:
Jun 25, 2019
`---FA4C798I48714874494...
Depu City Attorney Date Deputy County Attorney Date
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