ORD 40653 - Interlocal cooperation agmt for Omaha/East Central Nebraska metro drug task force � }
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City of Omaha e c " �� ��,
Jean Stothert,Mayor
Todd R.Schmaderer
Chief of Police
Omaha Police Department
"To Serve and Protect"
505 South 15th Street
Omaha.Nebraska 68102-2769
(402)444-5600
fax(402)444-5898
Honorable President www.opd.ci.omaha.ne.us
and Members of the City Council,
Transmitted herewith is an Ordinance authorizing the City of Omaha to enter into an Interlocal Cooperation
Agreement with Douglas County, Sarpy County, City of Bellevue, City of Papillion, City of La Vista,
Nebraska State Patrol, and the United States Department of Treasury - Internal Revenue Service, facilitating
the Omaha/East Central Nebraska Metropolitan Drug Task Force. This Task Force has been in place for some
time and this Agreement allows for it to continue.
The Agreement shall be in effect for five (5) years, beginning January 1, 2016, and will automatically renew
for two (2) additional one-year terms. The Police Department believes that the cooperative effort of multiple
law enforcement agencies is necessary for effective enforcement against drug trafficking and related crime.
Nebraska State Statutes provide authority for the City of Omaha to join with other governmental agencies in
this effort.
Entry into the Interlocal Cooperation Agreement is in the best interest of the City and I respectfully
recommend approval of the attached Ordinance.
Respectfully submitted,
/—/ —
Todd R. Schmaderer Date
Chief of Police
Approved as to Funding: Referred to City Council for Consideration:
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Step B. Curtiss Date Mayor's Office Date
Finance Director
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An Internationally Accredited Law Enforcement Agency
ORDINANCE NO. 'QV•53
AN ORDINANCE authorizing the City of Omaha to enter into an Interlocal Cooperation
Agreement between the City of Omaha, Douglas County, Sarpy County, City of
Bellevue, City of Papillion, City of La Vista,Nebraska State Patrol, and the United States
Department of Treasury - Internal Revenue Service, to re-authorize the Omaha/East
Central Nebraska Metropolitan Drug Task Force for a term of five (5) years, which
Agreement will automatically renew for two additional one-year terms; that the
cooperative effort of multiple law enforcement agencies is necessary for the effective
enforcement against drug trafficking and related crime; and to provide an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the attached Interlocal Cooperation Agreement between the City of
Omaha, Douglas County, Sarpy County, City of Bellevue, City of Papillion, City of La Vista,
Nebraska State Patrol, and the United States Department of Treasury - Internal Revenue Service,
to re-authorize the Omaha/East Central Nebraska Metropolitan Drug Task Force for a term of
five (5) years, which Agreement will automatically renew for two additional one-year terms, is
hereby accepted and approved.
Section 2. That this Ordinance, not being of legislative character, shall be in full force
and take effect upon its passage.
ORDINANCE NO. 406,553
PAGE 2
INTRODUCED BY COUNCILMEMBER
C44:41441 92frte14°‘11. APPROVED BY:
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MAYOR OF THE CITY OF OMAHA
PASSED MAR - 1 2016 q-o
ATTEST:
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I Y CLERK OF THE CITY OF OMAFIA
APPROVED AS TO FORM:
DEPUTY CITY ATTORNEY
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RESOLUTION—ORDINANCE BACKGROUND
To: Department Directors
From: Deputy Chief M. Elizabeth Davis `-
Police Services Bureau r..
Date: January 11, 2016
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1. Chief Schmaderer 4. Mayor's Office
2. Law Department LIZ
3. Finance Department �L
Please sign the attached ordinance 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:
Ordinance authorizing the extension of an Interlocal Cooperation Agreement creating the
Omaha/East Central Nebraska Metropolitan Drug Task Force.
Initiated by: Sergeant Jen Bogdanoff
Reason:
The cooperative effort of multiple law enforcement agencies is necessary for effective
enforcement against drug trafficking and related crime.
Contact Person: Sergeant Jen Bogdanoff, x6307, Captain Adam Kyle, x5633
Funding: N/A
Reviewed by Law: Deputy City Attorney Bernard in den Bosch and Deputy City Attorney,
Michelle Peters
INTERLOCAL COOPERATION AGREEMENT
1. It is the present belief of informed law enforcement administrators that the
law enforcement effort against crime and drug trafficking in the Omaha/East Central
Nebraska Metropolitan area can best be conducted from a centralized multi-agency
location.
2. In order for the several hereinafter designated governmental units to make
the most efficient use of their powers by enabling them to cooperate with each other, and
other governmental agencies, on a basis of mutual advantage and in a manner that will
accord best with geographic, economic, population and other factors, the following
agencies signatory hereto do, under the authority of the Interlocal Cooperation Act, NEB.
REV. STAT. §§ 13-8 et seq., hereby enters into an agreement for five (5) years, with two
automatic one year extensions with the following terms and conditions.
3. The purpose of this Agreement is to allow the parties hereto an opportunity
to participate in a grant funded project facilitating the establishment of a joint work
environment as an effort to address the law enforcement needs in the Omaha/East
Central Nebraska Metropolitan area. This Agreement neither creates powers above and
beyond those granted each agency by federal and state statutes and/or city ordinances,
nor does it create a new enforcement authority. Each participating agency shall maintain
its own integrity.
4. It is the intention of the participating agencies to staff a single facility
(hereinafter "the facility") with personnel assigned to narcotics enforcement and related
functions, thereby eliminating duplication and inefficiency. Maximum intra-
departmental and inter-departmental communication is the expected result.
5. Each participating agency shall retain title to any and all property,
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resources, and equipment brought into the Agreement by them and upon termination
shall remove such property from the facility. Any property, resources, or equipment
purchased or donated on behalf of the participating agencies collectively, shall be
disposed of upon termination in accordance with the guidelines of the funding agency
then in effect. In the absence of such guidelines, residual assets shall accrue to each
participating agency in equal shares.
6. This Agreement shall be effective upon execution by all participating
agencies and shall continue in. effect for five (5) years. The agreement shall
automatically renew for two (2) additional one year terms unless any party to the
Agreement gives thirty (30) days written notice to the other participating agencies as to
its desire to terminate or amend the Agreement.
7. The Douglas County Sheriff, the City of Omaha Police Department, the
Sarpy County Sheriff, the Nebraska State Patrol, the City of Bellevue Police
Department, La Vista Police Department and the City of Papillion Police Department are
beneficiaries and/or obligers as provided in Nebraska Commission on Law Enforcement
and Criminal Justice Grant, which is attached and incorporated herein by this reference
as Exhibit A, together with any amendments, extensions, renewals, continuations,
subordinate agreements and conditions (herein referenced to as "the Grant").
8. This Agreement hereby establishes an Advisory Board comprised of the
chief law enforcement officer of each participating agency or his/her designee. The
Advisory Board shall act by majority vote of its members. To ensure continuity among
the participating agencies, regular attendance at quarterly Board meetings is necessary.
9. Fiscal administration of the Grant and the facility and other activities
provided for in this Agreement shall be the responsibility of the Finance Director of the
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City of Omaha or his/her designee. No tax authorized by NEB. REV. STAT. §§ 13-318 to
13-326 shall be levied, collected, or accounted for under this Agreement.
10. Functional administration, or the day-to-day operation of the facility and
activities as provided for in this Agreement, shall be the responsibility of the Police
Chief of the City of Omaha, or his/her designee, known as the "Functional
Administrator."
a. To assist in paying miscellaneous expenses incurred in the day-to-
day operation of the facility and its activities which are not within the rental
payments, throughout the term of this Agreement the City of Omaha shall receive
One Hundred Dollars ($100.00) per month from each federal agency that is a
participating agency.
b. In addition, if lease payment contributions are made by the
participating agencies as described in paragraph No. 12 of this Agreement, the City
of Omaha shall receive 1% of such contributions.
11. The Functional Administrator, as defined in paragraph No. 10, shall be
responsible for the general overall operation of the facility. These duties shall include:
a. Collect and tabulate from each participating agency all statistical
information required by the Grant and provide a report of such information to the
Advisory Board on at least a quarterly basis.
b. Monitor the expenditure of federal and matching funds through
frequent contact with the Fiscal Administrator.
c. Maintain proper documentation for grant audit requirements.
d. Ensure proper maintenance of the facility building, including
custodial services.
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e. Provide or cause to be provided such training as deemed appropriate
to all assigned personnel.
f. Inventory all grant-provided equipment that is placed within the
facility.
g. Such other duties as are necessary to the successful operation of
this project.
12. In addition to the Functional Administrator, a lieutenant from the Omaha
Police Department shall be responsible for managing the Metro Drug Task Force and
will report to the Advisory Board at the quarterly meetings and shall be known as the
"Task Force Commander." The Task Force Commander is responsible for managing the
High Intensity Drug Trafficking Association "purchase evidence/purchase information"
account which all participating agencies shall have available to them for use as "buy
funds" for payments for confidential informant payments. All personnel assigned to the
Metro Drug Task Force shall adhere to the published by-laws. It shall be the
responsibility of the Task Force Commander to ensure that all members observe the
policies and procedures.
13. The Fiscal Administrator is authorized to secure by lease (not to exceed
five years, exclusive of options to renew) appropriate premises suitable for housing the
operation and personnel necessary to fulfill the purpose of this Agreement ("the
facility"). It is understood that the annual rental, common area charges and utilities
shall not exceed One Hundred Eighty One Thousand Dollars ($181,000.00) and that
payments shall be made from funds provided by the Grant or by available funds and
proceeds of drug forfeitures. If any such funds are not available, then each agency
shall contribute on the following percentage basis to each quarterly lease payment:
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City of Bellevue 1.3%
City of LaVista 1.3%
Douglas County Sheriff 13.4%
City of Omaha 75.7%
Sarpy County Sheriff 8%
City of Papillion 1.3%
Total 101%
Each, participating agency shall be personally responsible for its own telephone
communication service including receivers, instruments, wiring and such other
materials as are necessary.
14. The percentage contributions stated in paragraph No. 13 are hereby fixed
for the term of the lease unless revised in accordance with this Agreement. The
Functional Administrator may, with the approval of the Advisory Board, provide for
occupancy by additional law enforcement agencies and adjust percentages to reflect
such actual usage. Annually during September, the Functional Administrator may, with
the approval of the Advisory Board, adjust these percentage contributions to account for
changes in the number of agency personnel assigned to the facility, including a decrease
due to an agency discontinuing participation under this Agreement.
15. Rent or utilities payable hereunder for any period of time less than one
month shall be determined by prorating the monthly percentage herein specified based
on the actual number of days in the month. Any invoices for rent and utilities shall be
submitted monthly by the Fiscal Administrator to each participating agency. Payment
shall be remitted to the City of Omaha Finance Director, Omaha/Douglas Civic Center,
1819 Farnam Street, Omaha, NE 68183.
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16. Each participating agency acknowledges the following specified benefits
and obligations:
a. The Douglas County Sheriff shall provide a match value of at least
three (3) fulltime investigators who shall work in furtherance of this Agreement.
b. The City of Omaha Police Department shall provide two (2) clerical
personnel, five (5) police investigators, and one (1) police sergeant who shall work
in furtherance of this Agreement and shall be reimbursed by the Fiscal
Administrator in an amount set annually by the Advisory Board.
c. The Sarpy County Sheriff shall provide one (1) sergeant, who shall
be used for match value, and two (2) investigators who shall work in furtherance of
this Agreement and shall be reimbursed by the Fiscal Administrator in an amount
set annually by the Advisory Board.
d. The City of Bellevue Police Department shall provide one (1)
investigator who shall work in furtherance of this Agreement and shall be
reimbursed by the Fiscal Administrator in an amount set annually by the Advisory
Board.
e. The City of LaVista Police Department shall provide one (1)
investigator who shall work in furtherance of this Agreement and shall be
reimbursed by the Fiscal Administrator in an amount set annually by the Advisory
Board.
f. The City of Papillion Police Department shall provide one (1) police
officer who shall work in furtherance of this Agreement and shall be reimbursed
by the Fiscal Administrator in an amount set annually by the Advisory Board.
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g. Each participating agency receiving reimbursement for services
shall provide to the Fiscal Administrator reports of hours worked in such form as
the Fiscal Administrator may designate. The Fiscal Administrator shall disburse
earned reimbursement funds quarterly to the appropriate political subdivisions.
17. All participating agencies assigning personnel under this Agreement
understand and agree that:
a. Such personnel shall at all times remain an employee of and under
the ultimate direction and control of the assigning agency; and
b. Shall be compensated by the assigning agency including workers'
compensation; and
c. Shall be defended and indemnified by that agency; and shall be
deemed to be acting in the course and scope of employment with that participating
agency; and
d. All personnel assigned to the Task Force must possess, or exceed
the minimum qualifications established by the Nebraska Police Standards Advisory
Council; and
e. All personnel assigned to the Task Force shall be in good standing
with and shall have successfully completed his/her probationary period with the
assigning agency.
18. Each participating agency acknowledges that the United States.
Department of Justice, Federal Bureau of Investigation, will provide and maintain a
security alarm for the facility at its cost; agrees to abide by all standard and special
conditions in the Grant; acknowledges that related federal agencies may occupy space in
the facility; and understands that they are committed to pay utilities and maintenance
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costs as provided herein.
19. Any participating agency may withdraw from this Agreement upon 30
days written notice to all participating agencies and upon the affirmative vote of a
majority of its members; the Advisory Board may terminate this Agreement at any time
during its term. This Agreement may be extended in accordance with applicable law
and regulations.
20. Proceeds derived from an asset forfeiture initiated in the course of
investigations conducted by the Metro Drug Task Force will be shared equitably
among participating agencies that actually participated in the investigation leading to
the forfeiture. The equitable sharing will be determined based on the manpower
contributions by each agency that participates in the investigation that leads to the
forfeiture. The seizing, tracking, and disbursing of assets shall be carried out in
compliance with state and federal forfeiture guidelines.
21. Pursuant to and in order to be in compliance with Neb.Rev.Stat. §4-114(2), the
participating agencies shall use a federal immigration verification system to determine the work
eligibility status of new employees physically performing services within 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. lawful
presence in the United States using the Systematic Alien Verification for Entitlements (SAVE)
Program. Neither Party is an individual or sole proprietorship. Therefore, neither Party is subject
to the public benefits attestation and related requirements of Neb.Rev.Stat. §§4-108 - 113.
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22. During the performance of this Agreement, the participants agree as follows:
(1) Agency will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, sexual orientation, gender identity, or national origin. The agency will
take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex, sexual orientation, gender
identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The agency agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the agency officer setting forth the
provisions of this nondiscrimination clause.
(2) The agency will, in all solicitations or advertisements for employees placed by or on behalf of
the agency, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, sexual orientation, gender identity, or national origin."
23. Each Party will indemnify, defend and hold harmless the other Party from any and all
liability, expense, cost, attorney's fees, claim,judgment, suit and / or cause of action (whether or
not meritorious), settlement, or demand for personal injury, death or damage to tangible property
which may accrue against the other Party to the extent it is caused by the negligent acts or
omissions of the Indemnifying Party, its officers, employees, agents, or subcontractors while
performing their duties under this Agreement, provided that the other Party gives the
Indemnifying Party prompt, written notice of any such claim, suit, demand or cause of action.
The other Party shall cooperate in the defense or settlement negotiation of such claim, suit,
demand or cause of action. The provisions of this section shall survive expiration or termination
of this Agreement. These Indemnification provisions are not intended to waive a Party's
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sovereign immunity. A Parry'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.
Page 10 of 19
UNITED STATES DEPARTMENT OF TREASURY
Internal Revenue Service
4.S.
12/11/2015
Special Agent in Charge Date
Page 12 of 19
CITY OF OMAHA, NEBRASKA
The City of Omaha Attest:
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Mayor Date C y Clerk Date
APPROVED AS TO FORM:
-1-0116
DEPUTY CITY ATTORNEY
Page 13 of 19
CITY OF BELLEVUE, NEBRASKA
The City of Bellevue Attest:
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Mayor Date City Clerk Date
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Page 14 of 19
RESOLUTION NO. R15-0208
WHEREAS, the City of Papillion entered into an agreement with other metropolitan
agencies in 1993 to become a member of the Metro Area Drug Task force comprised of
law enforcement officers from virtually all federal, state and local law enforcement
agencies within the Omaha metropolitan area; and,
WHEREAS, the current Metro Area Drug Task force Interlocal Cooperation Agreement,
approved in November 2010 requires renewal and provides new language regarding new
federal guidelines for grant funded task forces, along with other minor changes, and,
WHEREAS, the provisions of the Nebraska State statutes Sections 13-801, et
seq., provide authority for the City of Papillion to join with other governmental agencies
on a basis of mutual advantage and in a manner that will accord best with geographic,
economic, population and other factors by signing an Interlocal Cooperation Agreement;
and,
WHEREAS, Douglas County, Sarpy County, City of Bellevue, City of Omaha,
City of La Vista, Nebraska State Patrol, United States Department of Treasury- Internal
Revenue Service and the United States Department of Justice- FBI and DEA have agreed
to approve the renewal of this Interlocal Agreement; and,
WHEREAS, such an agreement is in the best interests of the citizens of the City
of Papillion.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PAPILLION THAT, upon execution by all other participating agencies, the City of
Papillion is authorized to enter into, and the Mayor is authorized to execute on behalf of
the City of Papillion, the attached Interlocal Cooperation Agreement for continued
participation in the Omaha/East Central Nebraska Metropolitan Drug Task Force.
PASSED AND APPROVED THIS 15th Day of December, 2015.
CITY OF PAPILLION, NEBRASKA
Davi P. Black, Mayor
Attest: �F PAP%`Nxt
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Eliz th utter, City Clerk y i SEAL F ,
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CITY OF PAPILLION, NEBRASKA
The City of Papillion Attest:
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Mayor Date City Clerk Date
Page 15 of 19
CITY OF LaVISTA, NEBRASKA
The City of LaVista Attest:
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Mayor Date,,`'f'ia. t,' Clerk Date
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Page 16 of 19
SARPY COUNTY, NEBRASKA, SHERIFF
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Attest: ,:„NOT
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D:. ‘rpy County-ttorney
Page 17 of 19
DOUGLAS COUNTY, NEBRASKA, SHERIFF
Attest:
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eriff ate County lerk Date
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IIC Chair, Board—of Co sioners Date
APPROVED AS TO FORM:
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Page 18of19
NEBRASKA STATE PATROL
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Su nt dent Date
Page 19 of 19
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ORDINANCE NO. ;/DIV ✓ -
AN ORDINANCE authorizing the City
of Omaha to enter into an Interlocal
Cooperation Agreement between the
City of Omaha, Douglas County, Sarpy
County, City of Bellevue, City of
Papillion, City of La Vista, Nebraska
State Patrol, and the United States
Department of Treasury - Internal
Revenue Service, to re-authorize the
Omaha/East Central Nebraska
Metropolitan Drug Task Force for a term
of five (5) years, which Agreement will
automatically renew for two additional
one-year terms; that the cooperative
effort of multiple law enforcement
agencies is necessary for the effective
enforcement against drug trafficking
and related crime; and to provide an PRESENTED TO COUNCIL
effective date.
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Hearin F E B 2 3 2016 - Dv�
PUBLICATIONS �� r /u
PUBLICATION OF HEARING Final Reading MAR - 1 2016
Date ot-- Vs? Passed 7-a
PUBLICATION OF ORDINANCE
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Date City Clerk