RES 2016-0640 - Agmt with Kevin T Donlan for analyst services OMhHA'NF
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Cityof Omaha t
Jean Stothert,Mayor { ,�`
Todd R.Schmaderer
Chief of Police
Omaha Police Department
"To Serve and Protect"
505 South 15th Street
Honorable President Omaha,Nebraska 68102-2769
(402)444-5600
and Members of the City Council, fax(402)444-5898
www.opd.ci.omaha.ne.us
Transmitted herewith is a Resolution authorizing the approval of the Agreement between the City of
Omaha, Nebraska, on behalf of the Omaha Police Department and the Metro Drug Task Force, and
Kevin T. Donlan to provide intelligence analyst services for the Metro Drug Task Force.
In consideration, the City shall pay Kevin T. Donlan an amount not to exceed $3,633.33 per month.
The contractual payments are contingent upon the continued funding from the Midwest HIDTA. The
City, as the fiscal agent, will be reimbursed by the High Intensity Drug Trafficking Area (HIDTA)
grant through the Office of National Drug Control Policy.
The funds for this Agreement will be provided by the High Intensity Drug Trafficking Area (HIDTA)
grant, Fund 12155, Organization 130723.
Respectfully submitted,
Todd R. Schmaderer Date
Chief of Police
Approved as to Funding: Referred to City Council for Consideration:
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Finance Director e/
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An Internationally Accredited Law Enforcement Agency
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RESOLUTION—ORDINANCE BACKGROUND
1.
To: Department Directors
From: Deputy Chief M. Elizabeth Davis
Police Services Bureau
Date: April 19, 2016
1. Chief Schmaderer
2. Law Department
3. Finance Department I
4. Mayor's Office
Please sign the attached resolution and forward to the next Department for signature using this
check sheet as a guide.
Please call Daneen at x6158 after signature and when forwarding. Thank you.
Subject:
Resolution approving an Agreement between the City of Omaha and Kevin T. Donlan.
Initiated by: Lieutenant Trevor O'Brien
Reason: To provide intelligence analyst services for the Metro Drug Task Force.
Contact Person: Lieutenant Trevor O'Brien, x6294; Captain Adam Kyle, x5633
Funding: HIDTA Grant
Reviewed by Law: Deputy City Attorney, Michelle Peters
AGREEMENT BETWEEN
CITY OF OMAHA,NEBRASKA
AND
KEVIN T. DONLAN
This Agreement entered into between the City of Omaha, Nebraska, on behalf of the
Omaha Police Department and the Metro Drug Task Force (hereinafter "the City"), and
Kevin T. Donlan, located at 2109 Barbara Avenue, Bellevue, NE 68147 (herein called
"CONTRACTOR") for intelligence analyst services, collectively referred to herein as
"the parties".
A. Independent Contractors
The parties understand and agree that Kevin Donlan (CONTRACTOR) is an independent
contractor under the provisions of this Agreement and not employed by or otherwise
affiliated with the City. Employees of CONTRACTOR (if any) are not employees of the
City.
Each party shall pay all wages, salaries and other amounts due its 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.
The parties understand and agree that CONTRACTOR is solely responsible for acquiring
and maintaining, for the term of this Agreement, adequate general and special liability
insurance, including but not limited to workers' compensation insurance, sufficient to
protect CONTRACTOR'S ability to complete performance under this Agreement.
Neither Party shall have any authority to bind the other by or with any contract or
agreement, nor to impose any liability upon the other. All acts and contracts of each shall
be in its own name and not in the name of the other.
B. Description of Services
CONTRACTOR will be available for the purpose of providing intelligence analyst
services for the Metro Drug Task Force. CONTRACTOR shall fulfill his professional
services as set forth below:
1. Provide intelligence analyst advice to Metro Drug Task Force, including
attendance at quarterly State Task Force meetings and monthly Metro Drug
Task Force meetings and any other special meetings of the Metro Drug Task
Force as required;
2. Review of documents that have intelligence issues involved or are of
significance to the Metro Drug Task Force in gathering intelligence
concerning the methamphetamine problem;
3. Maintain a subject database;
4. Maintain data as it pertains to active meth laboratories and dump sites;
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5. Manipulate pen registers, Title III, and other data to create organizational
charts; and
6. Assist agents and officers with Title III'S in preparing ten-day reports, and in
inputting data whenever necessary.
C. Payment of Services
The City shall pay CONTRACTOR an amount not to exceed $3,633.33 per month with
payment to commence two weeks after the commencement of this Agreement. Payment
is contingent upon the City's full reimbursement as the fiscal agent by the High Intensity
Drug Trafficking Area(HIDTA) grant.
All parties understand and agree that CONTRACTOR shall be responsible for any and all
withholdings and taxes arising out of this Agreement. Authorized expenses may be
charged back to and reimbursed by the City.
D. Term and Termination
The term of this Agreement shall be for one (1) year from April 1, 2016 to March 30,
2017, unless sooner terminated in accordance with the procedures set forth herein, or
unless funding is terminated by Midwest HIDTA.
This Agreement may be extended for two additional one-year terms upon mutual consent
of the parties. This Agreement is contingent on continued funding from the Midwest
HIDTA, and the City of Omaha shall be the final authority as to the availability of funds.
In the event that funding ends or are otherwise no longer available, the effective date of
such agreement termination shall be specified in the notice as the date of service of said
notice or the actual effective date of the Midwest HIDTA funding termination, whichever
is later.
Either party to this Agreement may terminate the Agreement at any time for any reason
by serving thirty (30) days written notice upon the other party, or mailing same to its/his
last known address.
E. Insurance
CONTRACTOR agrees to provide, at his own expense, liability insurance to indemnify
him in the event that he becomes liable for the payment of a judgment based on the acts
or omissions of himself or his agents or employees in performing this contract.
CONTRACTOR shall have its insurance carrier notify the City of Omaha of any
reduction in, or cancellation of coverage within ten (10) working days of receipt of such
notice.
The City of Omaha does not represent in any way that the insurance specified herein,
whether in scope of coverage or limits, is adequate or sufficient to protect
CONTRACTOR or his interests. CONTRACTOR is solely responsible to determine his
need for and to procure additional coverage which may be needed in connection with this
Agreement. The procuring of insurance as required by this Agreement shall not be
construed to limit CONTRACTOR'S liability hereunder or to fulfill the indemnification
provisions of this Agreement.
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F. Release and Indemnity
CONTRACTOR agrees to indemnify and hold harmless the City of Omaha, its directors,
officers, employees, and agents from and against any and all claims, actions, or liabilities
of any nature which may be asserted against them by third parties in connection with the
performance of CONTRACTOR, its directors, officers, employees, or agents under this
agreement.
The City of Omaha agrees to indemnify and hold harmless CONTRACTOR, its directors,
officers, employees, and agents from and against any and all claims, actions, or liabilities
of any nature which may be asserted against them by third parties in connection with the
performance of the City of Omaha, its directors, officers, employees, or agents under this
agreement.
The provisions of this section shall survive expiration or termination of this Agreement.
These indemnification provisions are not intended to waive a Party's sovereign
immunity. Each 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
Nebraska law.
G. Amendment/Merger
This instrument contains the entire Agreement of the parties and is intended as a
complete and exclusive statement of the promises or conditions, and shall be binding on
all successors and assigns of the respective parties. Any change or amendments to this
Agreement shall be in writing and signed by all parties.
H. Nondiscrimination Clause
In accordance with Omaha Municipal Code 10-192, attached as Exhibit A is the City's
Equal Opportunity Clause with which the CONTRACTOR agrees.
I. Confidentiality
Except as required by his duties to the Metro Task Force, CONTRACTOR shall never,
directly or indirectly, use, disseminate, disclose, lecture upon or publish articles
concerning confidential information disclosed to him or known by him as a consequence
of or through his work for the Metro Task Force.
J. Choice of Law
This Agreement shall be governed in all respects by the laws of the State of Nebraska and
the venue for any litigation with respect to this Agreement shall be in the courts of the
State of Nebraska.
K. Assignment and Delegation
This Agreement is exclusive to the parties and may not be assigned nor duties delegated
by CONTRACTOR except on prior written consent by the Omaha Police Department or
designee. Any attempted assignment without such approval shall be void and shall
constitute a material breach of contract.
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L. Drug Free Policy
CONTRACTOR assures the City of Omaha that CONTRACTOR has established and
maintains a drug free workplace policy.
M. Funding Out Clause or Loss of Appropriation
Due to possible future reductions in City, State or Federal appropriations, the City
cannot guarantee the continued availability of funding for this Agreement,
notwithstanding the consideration stated in this Agreement. In the event funds to finance
this Agreement become unavailable either in full or in part due to such reduction in
appropriations, the City may terminate the Agreement or reduce the consideration upon
notice in writing to CONTRACTOR.
The notice shall be delivered by certified mail, return receipt requested, or in person with
proof of delivery. The City shall be the final authority as to the availability of funds. The
effective date of such Agreement termination or reduction in consideration shall be
specified in the notice as the date of service of the notice or the actual effective date of
the City, State and/or Federal funding reduction, whichever is later. Provided, that
reduction shall not apply to payments made for services satisfactorily completed prior to
the effective date, CONTRACTOR will be reimbursed for all costs and non-cancelable
commitments incurred in the performance of the project through the effective date of the
termination, such reimbursement together with any other payments made, not to exceed
the total estimated project cost. In the event of a reduction of consideration,
N. Severability/Waiver
If any part of this Agreement shall be adjudged contrary to law, that part shall be severed
and the remaining provisions shall remain in full force and effect. The failure of either
Party to insist on strict performance of any covenants or conditions, or to exercise any
option herein conferred on any one or more instances, shall not be construed as a waiver
or relinquishment of any such covenant, condition, right, or option, but the same shall
remain in full force and effect.
For a waiver of a right or power to be effective, it must be in writing signed by the
waiving party. An effective waiver of a right or power shall not be construed as either a
future or continuing waiver of that same right or power, or the waiver of any other right
or power. In addition, any act by a party it is not obligated to do hereunder shall not be
deemed to impose any obligation upon that party to do any similar act in the future or in
any way change or alter any of the provisions of this Agreement.
O. Documents Incorporated by Reference
All references in this Agreement to laws, rules, regulations, guidelines, and directives
which set forth standards and procedures to be followed by CONTRACTOR in
discharging its obligations under this Agreement, as well as any amendments, during the
term of this Agreement shall be deemed incorporated by reference and made a part of this
Agreement, with the same force and effect as if fully set forth herein.
P. New Employee Work Eligibility Status (Neb. Rev. Stat. §4-108-114)
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 Nebraska. A federal immigration verification system means the
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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 CONTRACTOR is an individual or sole proprietorship, the following applies:
1. 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 CONTRACTOR indicates on such attestation form that he is a qualified
alien, 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. 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.
Q. Authorized Representatives and Notice
Except for any notice required under applicable law to be given in another manner, the
Parties hereto expressly agree that for purposes of notice, 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:
FOR THE CITY OF OMAHA FOR THE CONTRACTOR
Chief of Police, Todd Schmaderer Kevin Donlan
505 S. 15 Street 2109 Barbara Avenue
Omaha, Nebraska 68102 Bellevue,NE 68147
402.444.5667 (w) 402.319.0739(cell)
402.444.5898 (f) 402.697.1017 (f)
Notice shall be in writing and shall be effective upon receipt. Delivery may be by hand,
in which case a signed receipt shall be obtained, or by United States mail, registered or
certified, return receipt requested or by facsimile with a signed return facsimile
acknowledging receipt.
R. Right to Audit
The CONTRACTOR shall establish a reasonable accounting system, which enables
ready identification of the CONTRACTOR'S cost of goods and use of funds. Upon
thirty (30) days written notice to the CONTRACTOR, COUNTY may audit
CONTRACTOR'S records any time before three (3) years after final payment to verify
the City of Omaha's payment obligation and use of the City's funds. This right to audit
shall include subcontractors in which goods or services are subcontracted by the
CONTRACTOR. The CONTRACTOR shall insure the City has these rights with
subcontractors.
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S. Joint Work Product
This Agreement is the joint work product of the parties; accordingly, in the event of any
ambiguity, no presumption shall be imposed against or in favor of any party by reason of
document preparation.
ri
This Agreement is executed on this lac , day of 2016.
ATTEST: CITY OF OMAHA ,NEBRASKA
shaltole4
ster Brown, City Clerk Mayor Jean Stothert Date
CONTRACTOR
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Kevin T. Donlan Date
APPROVED AS TO FO
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Deput City Attorney D to
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c ZSA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha has the authority to contract for professional services for
law enforcement functions, including intelligence analyst services funded by federal law
enforcement grants; and,
WHEREAS, the City of Omaha has been awarded funding from the High Intensity Drug
Trafficking Areas (HIDTA) Program through the Office of National Drug Control Policy; and,
WHEREAS, Kevin T. Donlan is capable and desirous of performing intelligence analyst
services for the Metro Drug Task Force; and,
WHEREAS, the term of this agreement shall be for one year beginning April 1, 2016 to
March 30, 2017, with the option for two one-year extensions, and shall be in effect for such time
as Midwest HIDTA funds are provided to the City of Omaha through the Office of National
Drug Control Policy, in an amount not to exceed $3,633.33 per month; and,
WHEREAS, the Omaha Police Department recommends approval of this agreement; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor, the attached Agreement between the City of
Omaha, Nebraska, on behalf of the Omaha Police Department and the Metro Drug Task Force,
and Kevin T. Donlan to provide intelligence analyst services for the Metro Drug Task Force is
hereby approved, such term of this agreement being for one year beginning April 1, 2016 to
March 30, 2017, with the option for two one-year extensions, and shall be in effect for such time
as Midwest HIDTA funds are provided to the City of Omaha through the Office of National
Drug Control Policy, in an amount not to exceed $3,633.33 per month.
BE IT FURTHER RESOLVED;
THAT the Finance Department is authorized to pay the cost of the services from the High
Intensity Drug Trafficking Area(HIDTA) grant, Fund 12155, Organization 130723.
APPROVED AS TO FO •
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CITY ATTORNEY
41.1Councilmember
Adopted M;Y 1 0...2. . . 1_0
411
City Clerk /V
Approveddj..� -e ..,, 1/47
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Mayor
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NO. 411
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Resolution by
Res. that, as recommended by the Mayor, the
attached Agreement between the City of
Omaha, Nebraska, on behalf of the Omaha
Police Department and the Metro Drug Task
Force, and Kevin T. Donlan to provide
intelligence analyst services for the Metro Drug
Task Force is hereby approved, such term of
this agreement being for one year beginning
April 1, 2016 to March 30, 2017, with the
option for two one-year extensions, and shall
be in effect for such time as Midwest HIDTA
funds are provided to the City of Omaha
through the Office of National Drug Control
Policy, in an amount not to exceed $3,633.33
per month, and that the Finance Department is
authorized to pay the cost of the services from
the High Intensity Drug Trafficking Area
(HIDTA) grant, Fund 12155, Organization
130723.
S:AOPD\1480ddr
Presented to City Council
MAY 1 0...2016
Adopted
gaoler erowFL
City Clerk