ORD 42592 - Interlocal Agmt with DC for booking and detention of pre-adjudication juveniles ORDINANCE NO. 421511
AN ORDINANCE to provide for approving an Interlocal Agreement involving
appropriations of more than one year in conformity with Section 5.17 of the Home
Rule Charter with Douglas County, Nebraska for booking and detention of pre-
adjudication juveniles under the age of eighteen (18) years with a cost of $75,000
per year for two years; and to provide an effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That in conformity with Section 5.17 of the Home Rule Charter,
approval is hereby given to an Agreement involving appropriations of more than one
year between the City of Omaha and Douglas County, Nebraska, providing for the
booking and detention of pre-adjudication juveniles under the age of eighteen (18), for a
term of two (2) years, with no extensions, with a cost of $75,000 per year.
Section 2. That the Finance Department is authorized to pay for the cost of
booking and detention of juveniles at the Douglas County Youth Center for the Police
Department from General Fund 11111, Organization 119011.
Section 3. That this Ordinance, not being of legislative character, shall be in full
force and effect upon its passage.
INTRODUCED BY COUNCILMEMBER
APPROVED BY:
I Q
MAYOR OF THE CITY OF OMAHA A
PASSED JUL 13 �� I -1 - D
ORDINANCE NO. 42511
ATTEST:
4114611/ 01)41,,v171.
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CITY CLERK Of THE CITY F OM HA ATE
if
DEPUTY I t
APPROVED AS TO F
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EPU Y CITY ATTORNEY DATE
BOARD OF COUNTY COMMISSIONERS
DOUGLAS COUNTY, NEBRASKA
WHEREAS, This Agreement is entered into by and between Douglas
County, Nebraska, on behalf of Douglas County Youth Center (hereinafter
"DCYC") and the City of Omaha, on behalf of the City of Omaha Police
Department (hereinafter"the City") for booking and detention of juveniles
18 years or younger (hereinafter "detainees").
WHEREAS, the Interlocal Cooperation Act, Neb. Rev. Stat. §§13-
80 E et seq. (Reissue 2012), provides that two or more public agencies may
enter into an agreement to cooperate on a basis of mutual advantage and
thereby provide services that will accord with best geographic, economic,
population, and other factors influencing the needs and developments of
local communities; and
WHEREAS, City and County desire to provide for detention of
juveniles under the age of eighteen (18) in conformance with State and
Federal laws and regulations; and,
WHEREAS, The City of Omaha agrees to pay to the County $75,000
annually to house pre-adjudicated juveniles delivered to DCYC by the
Omaha Police Department. Those payments will be made in equal monthly
installments of$6,250 by the fifth day of each month.
NOW THEREFORE, BE IT RESOLVED BY THIS BOARD
OF COUNTY COMMISSIONERS THAT the attached agreement
between Douglas County and the City of Omaha for the above listed
services.
DATED this 18th day of May 2021.
INTERLOCAL AGREEMENT BETWEEN
DOUGLAS COUNTY, NEBRASKA AND
THE CITY OF OMAHA
This Agreement is entered into by and between Douglas County, Nebraska, on
behalf of Douglas County Youth Center (hereinafter "DCYC") and the City of Omaha,
on behalf of the City of Omaha Police Department (hereinafter "the City") for booking
and detention of juveniles 18 years or younger(hereinafter"detainees").
WHEREAS, the Interlocal Cooperation Act, Neb. Rev. Stat. §§13-801 et seq.
(Reissue 2012), provides that two or more public agencies may enter into an agreement to
cooperate on a basis of mutual advantage and thereby provide services that will accord
with best geographic, economic, population, and other factors influencing the needs and
developments of local communities; and
WHEREAS, City and County desire to provide for detention of juveniles under
the age of eighteen (18) in conformance with State and Federal laws and regulations; and
IN CONSIDERATION of the mutual covenants contained herein and for other
good and valuable consideration, the Parties agree as follows:
SECTION ONE
PURPOSE
The purpose of this Agreement is to specify the duties and responsibilities of the
Parties hereto to effectuate intergovernmental cooperation with regard to the pre-
adjudication detention of juveniles under the age of eighteen (18).
SECTION TWO
TERM AND TERMINATION
This Agreement shall be in full force and effect for the term of two (2) years from
the date hereof, unless terminated by a Party as provided herein. Either Party may
terminate this Agreement at any time for any reason upon sixty (60) days written notice
to the other Party of its intention to terminate this Agreement. If either Party defaults in
the performance of this Agreement, the other Party will have thirty (30) days thereafter to
provide a written plan to cure the default that is acceptable to the other party and begin
implementing the cure plan immediately after plan approval. If the defaulting Party fails
to provide or implement the cure plan, then the injured Party, in addition to any other
rights available to it under law, may immediately terminate this Agreement effective
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upon giving a written notice of termination to the defaulting Party. This Agreement
supersedes all previous Interlocal Agreements between the City and the County.
SECTION THREE
DUTIES AND RESPONSIBILITIES OF COUNTY
DCYC will assume the safekeeping, care and sustenance of those detainees who are held
under lawful authority. Said safekeeping, care and sustenance shall include food,
clothing, shelter, programs and services, recreation, detainee visitation, and necessary
staff support and onsite medical, mental health and dental care. DCYC shall manage the
detention facility and detainee records in accordance with such rules as may be adopted
from time to time by the Nebraska Jail Standard Board's Standards for Juvenile
Detention Facilities.
SECTION FOUR
PAYMENT BY THE CITY
The City of Omaha agrees to pay to the County $75,000 annually to house pre-
adjudicated juveniles delivered to DCYC by the Omaha Police Department. Those
payments will be made in equal monthly installments of$6,250 by the fifth day of each
month.
SECTION FIVE
GENERAL PROVISIONS
A Independent Contractors.
It is agreed that nothing contained herein is intended to or should be construed in
any manner as creating or establishing a partnership or joint venture between the Parties.
Any and all acts that City or County or their personnel, 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 other. The Parties shall, except as
provided herein, act in their individual capacities and not as agents, employees, partners,
joint ventures or associates of the other. An employee or agent of one shall not be
deemed or construed to be the employee or agent of the other for any purpose
whatsoever. None of the Parties nor its personnel, employees, agents, contractors, or
servants shall be entitled to any benefits of the other. The Parties shall not provide any
insurance coverage to the other or their employees including, but not limited to, workers'
compensation insurance. 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. Any and all claims that may or might arise
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under the Workers' Compensation Act of the State of Nebraska on behalf of said
personnel or other persons while so engaged, and any and all claims whatsoever on
behalf of any such person or personnel arising out of employment or alleged
employment, including without limitation claims of discrimination against a Party its
officers, employees, agents, contractors or servants shall in no way be the responsibility
of the other Party. 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, unless otherwise
provided herein.
B. Nondiscrimination.
Both Parties agree that in accordance with the Nebraska Fair Employment
Practice Act, Neb.Rev.Stat. §48-1122, they will not discriminate against any employee or
applicant for employment, to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions, or privileges of employment because of the
race, color, religion, sex, disability, political or religious opinions, affiliations or national
origin of the employee or applicant. Neither Party shall, in the performance of this
Agreement, discriminate or permit discrimination in violation of federal or state laws or
local ordinances.
C. Applicable Law and Venue.
This Agreement shall be subject to, and construed under, the laws of the State of
Nebraska. Parties shall bring any all legal proceedings arising hereunder in the State of
Nebraska in the District Court of Douglas County and for any federal legal proceeding in
the United States District Court for the State of Nebraska, located in Omaha, Nebraska.
D. Entire Agreement
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 except as provided herein.
E. Amendments.
This Agreement may be modified only by written amendment, duly executed by
authorized officials of the Parties. No alteration or variation of the terms and conditions
of this Agreement shall be valid unless made in writing and signed by the Parties hereto.
Every amendment shall specify the date on which its provisions shall be effective.
F. Assignment.
Neither Party shall assign its duties and responsibilities under this Agreement
without the express written permission of the other Party.
G. Waiver.
Failure or delay by any Party to exercise any right or power under this Agreement
will not operate as a waiver of such right or power. 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
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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 either Party
which is it 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
H. Severability.
If any provision of this Agreement is determined by a court of competent
jurisdiction to be invalid or otherwise unenforceable, that provision will be severed and
the remainder of this Agreement will remain in full force and effect.
I. Indemnification/Hold Harmless.
Each Party will indemnify, defend and hold harmless to the fullest extent allowed
by law, the other Party and its principals, officers, and employees from and against all
claims, demands, suits, actions payments, liabilities, judgments and expenses (including
court ordered attorneys' fees and costs), arising out of or resulting from the acts or
omissions of their principals, officers, employees, agents, or subcontractors while
performing their duties under this Agreement that results in any claim for damage
whatsoever including any bodily injury, civil rights liability, or damage to or destruction
of tangible property. Each Party shall cooperate with the other party in its defense or
settlement negotiation of any claim, demand or suit. Further, each party shall maintain a
policy or policies of insurance (or as self-insurance program), sufficient in coverage and
amount to pay any judgments or related expenses from or in conjunction with any such
claims. Nothing in this Agreement shall require either party to indemnify or hold
harmless the other party from liability for the negligent or wrongful acts or omissions of
said other party or its principals, officers, or employees.
J. Force Majeure.
Except as may be otherwise specifically provided in this Agreement, neither Party
shall be in default under this Agreement if and to the extent that any failure or delay in
such party's performance of one or more of its obligations hereunder is caused by any of
the following conditions, and such party's performance of such obligations shall be
excused and extended for and during the period of such delay; act of God; fire; flood,
war, civil disorder; pandemic; or any other cause beyond the reasonable control of such
party. The party claiming relief under this section shall promptly notify the other in
wiring of the existence of the event relied on and the cessation or termination of said
event.
K. New Employee Work Eligibility Status. (Neb. Rev. Stat. § 4-114)
Both Parties are required and hereby agree 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 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 U.S.
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Department of Homeland Security or other federal agency authorized to verify work
eligibility status of a newly hired employee.
L. No Additional Entity Created.
This Agreement does not create a separate legal entity under the Interlocal
Cooperation Act. For purposes of that Act, this Agreement shall be administered jointly
by the Parties. This Agreement does not contemplate the levying or collecting of any tax.
M. Conflict of Interest.
In the performance of this Agreement, both Parties will avoid all conflicts of
interests or appearances of conflict of interest. Parties will report any conflict of interest
immediately to the other. Both Parties assure that no employee of the other will have a
financial or personal interest in this Agreement. Parties did not and will not provide any
money or other benefit of any kind to any employee of the other in the procuring of,
facilitation of, execution of or during the term of this Agreement.
N. Authorized Representatives and Notice.
In further consideration of the mutual covenants herein contained, 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:
A. City of Omaha
City Finance Director
1819 Farnam Street
Suite 1004
Omaha, NE 68183
(402)444-5478
B. Douglas County, Nebraska
Brad Alexander, Superintendent Douglas County Youth Center
1301 South 41 s' Street
Omaha, NE 68105
(402) 444-7492
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.
O. Drug Free Policy
Each Party assures the other that it has established and maintains a drug free
workplace policy.
P. Public Benefits
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With regard to Neb.Rev.Stat. §§4-108 - 113, 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.
IN WITNESS WHEREOF, the parties hereunto set their hands to this Agreement
upon the day and year hereinafter indicated.
DOUGLAS COUNTY, NEBRASKA CITY OF OMAHA, NEBRASKA
DocuSigned by:
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airperson Date Mayor Date
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ATTEST:
' L Ht - 11, 2021
City Clerk D P T Y Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
/—DocuSIgned by:
C v . LQ^+ a i8, 2021 Ve,e
b5epu98aunty Attorney Date eputy ity Attorney Date
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