Loading...
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. 1)7/ CITY CLERK Of THE CITY F OM HA ATE if DEPUTY I t APPROVED AS TO F //z 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 t 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 2 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 3 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. 4 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 5 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: -"-' -1 QIAI�. �or�t.Se�n, May 18, 2021 - r�gC12b2i EOA84E8A9C9D43E... gt airperson Date Mayor Date • 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 6