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ORD 38114 - Interlocal Jail Services Pre-Arraignment Booking and Detention Duties 3 I oMnke N, r I t ii i t os� a,�►-,,,i/1 ,,41/� S .eo i 1-:1'� is eA woo Artr►�IRT M N. City of Omaha /chip il, Mike Fahey Mayor Omaha Police Department 505 South 15th Street Omaha Nebraska 68102 2769 (402)444 5600 www opd ci omaha ne us Honorable President and Members of the City Council The purpose of the attached Ordinance is to approve an Amendment to the Interlocal Agreement between the City of Omaha and Douglas County which was previously entered into in January 2005 for post arraignment jail detention services The Amendment will add as of June 1 2008 pre arraignment booking and detention duties and functions of the City of Omaha to the services currently provided the County of Douglas through its Department of Corrections The City will thereafter discontinue provision of such services and the City s detention employees not accepting alternate City positions will be transferred to County employment Respectfully submitted Eric Buske Acting Police Chief Approved as to Funding Referred to the City Council for Consideration 4l �g 44—2 7 bV Carol Ebdon late Mayor s Office/Title Date y Finance Director P 1LAW CITY COUNCIL DOCUMENTS\2008150034s1w doc A Nationally Accredited Law Enforcement Agency ORDINANCE NO ,-3,9/� 1 AN ORDINANCE to approve an Amendment to the Interlocal Agreement between the City of 2 Omaha and the County of Douglas entered into on January 27 2005 for post arraignment jail 3 detention services to add as of June 1 2008 to the services currently provided the County of 4 Douglas through its Department of Corrections pre arraignment booking and detention duties 5 and functions of the City of Omaha resulting in a merger of City and County jail services duties 6 and functions and to provide an effective date 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA 8 Section 1 That the attached Amendment to the Interlocal Agreement between the City of 9 Omaha and Douglas County dated January 27 2005 for post arraignment jail detention 10 services to add as of June 1 2008 to the services currently provided the County of Douglas 11 through its Department of Corrections pre arraignment booking and detention duties and 12 functions of the City of Omaha resulting in a merger of City and County jail services duties and 13 functions as more specifically set forth therein is hereby approved 14 Section 2 That this Ordinance not being of legislative character shall be in force and 15 take effect immediately upon its date of passage INTRODUCED BY COUNCILMEMBER /04.116°C7134444— APPROVED BY )14.4.4. cf:Z2-0Y MAYOR OF THE CI OF OMAHA PASSED MAY 2 0 2M8 '? a ORDINANCE NO 3 87/i Page 2 ATTEST CITY CLERK OF THE ITY OF OMAHA DEPQIX APPROVED AS TO FORM DEPU Y CITY ATTORNEY P\LAW CITY COUNCIL DOCUMENTS12008150035s1w doc AMENDMENT TO INTERLOCAL AGREEMENT FOR CITY JAIL SERVICES THIS AMENDMENT TO INTERLOCAL AGREEMENT ( Agreement ) is hereby made and entered into this J2ay of 2008 by and between the City of Omaha a municipal corporation organized and existing der the laws of the state of Nebraska located in Douglas County Nebraska (herein referred to as City ) and the County of Douglas a political subdivision organized and existing under the laws of the state of Nebraska located in Douglas County Nebraska (herein referred to as County ) WHEREAS the City and County have entered into an Interlocal Agreement dated January 27 2005 which is in full force and effect for the County to provide post arraignment jail detention services to the City of Omaha in conformance with Nebraska law WHEREAS the City and County are independent political subdivisions organized and existing under the laws of the state of Nebraska and the Omaha Home Rule Charter and WHEREAS the City has the authority to and does provide booking and jail services pursuant to Neb Rev Stat § 14 102(25) (Reissue 1997) and the County has similar powers under Nebraska law and WHEREAS in order to more efficiently use their respective resources the City and County have proposed that the City transfer its pre arraignment jail service operation which includes booking and short term detention to Douglas County and its Department of Corrections (hereinafter referred to as DCDC ) and WHEREAS it is necessary for the parties to amend the Interlocal Agreement to set forth further nghts duties and obligations of the parties and WHEREAS the Interlocal Corporation Act of the state of Nebraska Neb Rev Stat § 13 1801 et seq (Reissue 1997) enables separate political subdivisions of the state to cooperate on the basis of mutual advantage to provide for joint undertakings services and facilities in a manner and pursuant to forms of government or organization that will accord with best geographic economic population and other factors influencing the needs and developments of local communities and w OU) NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS AND o 0 AGREEMENTS HEREIN CONTAINED THE CITY AND COUNTY DO HEREBY MUTUALLY UNDERTAKE PROMISE AGREE AND CONTRACT EACH FOR ITSELF w o AND ITS SUCCESSORS AND ASSIGNS AS FOLLOWS a N co O O co That the attached copy of the Interlocal Agreement between the City and the County dated January 27 2005 and attached hereto as Exhibit A is hereby incorporated by reference That the following paragraphs numbered 1 11 of this Amendment to Interlocal Agreement for Jail Services shall be inserted in such Interlocal Agreement as Sections 8 18 and that Sections 2 and 3 of such Interlocal Agreement shall apply until the effective date of this Amendment That all other provisions of such Interlocal Agreement shall remain in full force and effect 1 Purpose The purpose of this agreement is to specify the duties and responsibilities of the parties hereto in connection with the transfer from the City to the County of the City s current pre arraignment jail operations including booking and short term detention transfer of selected City employees to the County and to provide for payment to the County for the assumption by the County of such duties 2 Term This Amendment to the Interlocal Agreement shall be in full force and effect from and after the date of its execution for the term specified in the Interlocal Agreement Effective with the commencement of this Amendment either party may terminate the Interlocal Agreement without cause with one year wntten notice 3 Functions Transferred The City shall transfer to and the County shall assume as of June 1 2008 the current City jail pre arraignment functions of booking and short term detention Those specific duties required to perform such functions are more specifically listed on Exhibit B attached hereto and incorporated herein Exhibit B is not intended to be a comprehensive listing of duties but to provide a general scope of duties that are being transferred Further both the City and County agree to cooperate in the event changes in law enforcement or incarceration standards and procedures require revision of the functions and duties County will perform the functions and duties specified herein at its corrections facility i e Douglas County Department of Corrections located at 710 South 17{h Street Omaha Nebraska(hereinafter Facility ) 4 Employees City and County agree that City may transfer its current detention employees to County s employ effective June 1 2008 on the following terms and conditions (a) Any City detention employee transferring to County employment ( Employee ) will have all rights duties benefits and obligations as a new Correctional Officer I County employee provided that prior to transfer such Employee shall pass a criminal background check and a drug screen and hold a valid driver s license Upon transfer such Employee 2 must complete the County training process and serve a six month probationary time period Such Employee shall not retain any seniority and/or length of service benefits except that years of City service shall be used for purposes of (i) calculating accumulation of yearly County vacation time (ii) determining seniority among the Employees transferring from City employment and (iii) determining service credit in the County pension system pursuant of 4 (b) hereinbelow (b)Any Employee who is a member of the City of Omaha Employees Retirement System and has rights pursuant to said pension plan shall have such rights transferred to the Douglas County Employees Retirement Trust Fund pursuant to Neb Rev Stat § 13 2401 (Reissue 1997) (c)Any Employee will be allowed to transfer up to but not exceed 240 hours of vacation leave City will pay County an amount equivalent to the Correctional Officer I hourly rate for the number of hours of vacation leave Employee elects to transfer Any vacation hours in excess of the transferred hours will be paid by the City to the employee on June 6 2008 as determined by City (d)Any Employee will not be allowed to transfer any hours of sick leave earned in City s employ The City will pay to Employee on June 6 2008 an amount for his or her sick leave hours as determined by the City Employee may purchase up to the amount of his or her accrued sick leave with City but not more than 1440 hours of sick leave from County at the Correctional Officer I hourly rate for the number of hours of sick leave Employee elects to purchase (e)Any Employee will not be allowed to transfer any compensatory time that the employee had earned while a City employee Any compensatory hours will be paid by the City to the employee on June 6 2008 as determined by City (f)Any Employee shall be immediately eligible for County health and dental insurance as of the date of employment on the same terms and conditions as County provides other Correctional Officer I employees of the County hired as of June 1 2008 (g) Provided that current City detention employees shall not be required to transfer to County s employ and may prior to June 1 2008 resign from City employment retire from City employment if they meet the requirements of Chapter 22 or accept another City position if available and offered to them by City 5 Equipment and Facility On or before June 1 2008 City shall transfer to County four cameras to be utilized at Facility solely or in major part in providing the services being assumed by the County City shall not be responsible for repair or replacement of such cameras thereafter 3 County shall permit City to install laptop computers and attendant lines connections wiring and other hardware in the areas designated for interviews at Facility and to permit Omaha Police Department personnel access to same to utilize in connection with interviews of arrestees and preparation of reports in connection with such arrests County shall permit Omaha Police Department personnel access to the interview rooms and booking areas of Facility for such purposes 6 Cooperation The parties shall cooperate and coordinate with each other to enhance the County s ability to perform the duties and functions required of it by the terms of this Amendment to Interlocal Agreement This shall include but not be limited to cooperating with the City and County departments City and County employees City and County contractors City and County officials and advising the City and County of any litigation claim or threat of legal action pertaining to or ansing out of duties assumed by the County hereunder 7 Confidentiality The County shall protect and maintain the confidentiality of any information obtained by County as the result of assuming the City s jail responsibilities County acknowledges that such information may include but not be limited to propriety information legal documents personnel matters employee health information matters of attorney client privilege etc and should not divulge publicize use or otherwise release such information without the express written consent of the City The City shall protect and maintain the confidentiality of any information obtained by City as the result of the County assuming the City s jail responsibilities City acknowledges that such information may include but not be limited to propriety information legal documents personnel matters employee health information matters of attorney client privilege etc and should not divulge publicize use or otherwise release such information without the express written consent of the County 8 Fees The City will pay the County pursuant to the fee schedule established in the Interlocal Agreement between the parties that is attached hereto and that was approved by the Omaha City Council on January 25 2005 as Ordinance No 36906 The County has accepted payment in full of any and all funds owed to it by the City up to and including November 30 2007 9 Processing/Medical Treatment a County reserves its right to refuse to accept for immediate booking and detention any arrestee tendered to DCDC pursuant to this Agreement if the arrestee is 4 determined by the County to be medically unfit or unstable The initial determination of medically unfit or unstable will be made by medical staff at DCDC and will include but not be limited by the following circumstances the arrestee has visible physical injuries requinng treatment at a medical facility/hospital the arrestee is medically unstable due to drug or alcohol intoxication or as otherwise provided by Nebraska Jail Standards b If an arrestee is tendered to DCDC and the arrestee is determined by County to be medically unfit or unstable and require immediate medical care City will transport the arrestee to the appropnate medical treatment facility Upon release by medical authorities the arrestee may be returned by City to DCDC for booking detention and/or housing with appropnate medical documentation e g medical clearance from the hospital c City will be responsible for the cost of medical care provided to arrestees prior to booking and County will be responsible for costs after acceptance for booking unless otherwise provided by Nebraska law 10 Records a Each of the parties hereto agrees to prepare keep and maintain records in a method location and for a time period satisfactory to the other necessary to determine that each was in compliance with the terms of this Agreement Each party shall have the right to audit and examine such records during usual business hours upon reasonable advance notice to the other b The parties agree to timely provide to each other upon request at no cost to the other records including but not limited to booking detention housing medical care and discipline which either deems necessary to investigate or defend itself its officers or employees from internal investigations claims demands causes of action and litigation filed against such party its officers or employees by arrestees detainees pnsoners or other persons on such persons behalf The parties agree to cooperate with the other in determining what records are created maintained and for what duration such records are kept to best serve each party s investigation or defense efforts The City and County agree to cooperate in maintaining the confidentiality of records provided to each other to the extent permitted by law 11 General Conditions (a) Nondiscrimination None of the parties shall in the performance of this Agreement discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race color sex age disability pursuant to the Americans with Disabilities Act political or religious opinions affiliations or national origin 5 (b) Captions Captions used in this Agreement are for convenience and are not used in the construction of this Agreement (c) Application Law Parties to this Agreement shall conform with all existing and applicable city ordinances resolutions state and local laws federal laws and all existing and applicable rules and regulations Nebraska law will govern the terms and the performance under this Agreement (d) Interest of City Pursuant to section 8 05 of the Omaha Home Rule Charter no elected official or any officer or employee of the City of Omaha shall have a financial interest direct or indirect in any City of Omaha contract Any violation of this section with the knowledge of the person or corporation contracting with the City of Omaha shall render the contract voidable by the Mayor or Council of the City of Omaha (e) Interest of the Parties City and County covenant that each presently has no interest and shall not acquire any interest direct or indirect which would conflict with the performance of services required to be performed under this Agreement each further covenants that in the performance of this Agreement no person having any such interest shall be employed (t) Merger This contract shall not be merged into any other oral or wntten contract lease or deed of any type This is the complete and full agreement of the parties (g) 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 (h) Approval of Amendments The parties hereto acknowledge that as of the date of the execution of this Agreement Section 10 142 of the Omaha Municipal Code provides as follows 6 Any amendment to contracts or purchases which taken alone increases the onginal bid price as awarded (a) by ten percent if the original bid price is one hundred fifty thousand dollars ($150 000) or more or (b) by seventy five thousand dollars ($75 000) or more shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits However neither contract nor purchase amendments will be split to avoid advance approval of the City Council The originally approved scope and pnmary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council The provisions of this Section will be quoted in all future City contracts Nothing in this Section is intended to alter the authority of the Mayor under Section 5 16 of the City Charter to approve immediate purchases (i) Strict Compliance All provisions of this Amendment to Interlocal Agreement and each and every document that shall be attached shall be strictly complied with as wntten and no substitution or change shall be made except upon written direction from an authorized representative (j) Assignment Neither of the parties may assign its rights or obligations under this Agreement without the express pnor written consent of the other (k) Successors and Assigns Bound by Covenants All covenants stipulations and agreements in this Agreement shall inure to the benefit of the parties hereto and extend to and bind the legal representatives successors and assigns of the respective parties hereto (1) Authorized Representatives In further consideration of the mutual covenants herein contained the parties hereto expressly agree that for purposes of notice including legal service of process dunng 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 Enc W Buske Acting Police Chief Omaha Police Department 505 S 15th Street Omaha NE 68102 7 County of Douglas Jeffery L Newton Director Douglas County Department of Corrections 710 S 17th Street Omaha NE 68102 EXECUTED this,1,,2 day of y/44 2008 CITY OF OMAHA a Municipal Corporation ATTEST -344. By 6)147. 44C9thY of Omaha ike Fahey ay APPROVED AS TO FORM D ty City Attorney EXECUTED this Okday of k0,(( 2008 COUNTY OF DOUGLAS a political subdivision ATT By r Do ounty er troller Clare Duda Ch rperson of the Board of County Commissioners 8 APPROVED AS TO FORM (d/i/a4"1/1-, ep ty County Ademsy Motion by Duda second by Rodgers to approve I move the adoption of the resolution o xr Adopted May 6 2008 CD v, Yeas Borgeson Boyle Hutchings Maxwell Rodgers Tusa Duda -I IFfE v OPY) z z a) o CHIEF D!PUTY a rn uglas my Clerk N CO Certified copies to Commissioners Purchasing City of Omaha (3) DCCC OPD Cleric o 00 9 EXHIBIT B There are duties and responsibilities that will be assumed by County through its DCDC in the Booking Housing and Care of the Omaha Police Department arrestees that are booked into the DCDC facility The Omaha Police Department (OPD) continues to work with DCDC m identifying processes and responsibilities that will be required in the consolidation of the booking process DCDC will accept all arrestees that an OPD officer bnngs to them with a criminal charge Douglas County medical staff shall evaluate all such arrestees and will assess the need for a medical clearance from a hospital before being admitted to Corrections DCDC has a secured indoor parking area that OPD officers will be allowed to utilize when bnnging m an arrestee to be booked There is an outdoor parking area that has a security gate at the entrance Officers will be able to park cruisers m that outdoor area if they are assisting with the booking of an arrestee DCDC has video surveillance of the facility and booking area DCDC is in the process of installing additional cameras and monitors in the booking area This will increase the security and safety for the officers and arrestees The video will be recorded and available to OPD for review as needed Video will be available for a 30 day time period DCDC will mamtam such video surveillance in good working condition and repair and update from time to time to provide useful video surveillance at its cost DCDC will allow OPD to place a secure Evidence Drop box in the DCDC Booking area, accessible only to OPD officers This will allow the OPD officers to place small property items from misdemeanor crimes into the Evidence Collection Box OPD will pick up the items on a regular basis and place them into the OPD Evidence storage area at OPD Central Station DCDC will take all of the prisoners personal property and be responsible for maintaining same until returned to such pnsoner as such return may be permitted under law DCDC will provide OPD with a location accessible to OPD officers for copies of blank Incident forms and other forms used by the OPD officers to document the arrest as required by the OPD report policy and procedures Douglas County Department of Corrections will assist the Omaha Police Department with making copies of the officer s reports warrants NCIC hits and confirmations producing printouts of the arrest records booking sheet and driving record if needed and making packets out of this information These packets will then be transferred to the City Prosecutor s and County Attorney s offices either by a DCDC employee at no cost to City and in a timely fashion or by an OPD employee DCDC will assist in keeping the Domestic Violence Victim Notification procedure in place by flagging the arrest in the Jail Management System and contacting OPD if the arrestee bonds out before his or her arraignment OPD will continue to attempt notification of a victim of the change in the arrestee s status 10 DCDC and OPD agree to continue working with DotComm on merging OPD s Mugshot database with DCDC s Mugshot database Both databases are provided by Dataworks Company Some changes will be needed to both the Jail Management System and Dataworks programs to allow the data to be auto populated and minimize additional input DCDC and City will cooperatively determine the number of photos taken of the arrestee and his or her scars marks and tattoos The following is an outline of the current Omaha Police Department s Detention Unit s responsibilities which will be performed by County It is not a complete list of all the duties that have been or are currently being performed by the Unit to be assumed by County OPD Detention Unit Responsibilities and Duties Booking Duties • Take digital photos of all arrestees and electronically retain same in a database shared by OPD and DCDC • Book arrests electronically using a database shared by OPD and DCDC • Perform a medical screening including mental health of all incoming arrestees • Enter charges electronically into a database shared by OPD and DCDC using conversion codes • Locate warrants • Paperbook arrests at other locations (i e DCC or other counties) • Run records of arrests through Douglas County mainframe • Run NCIC and check for any NCIC hits • Run driving records • Cell assignments for all arrests • Print out Jail Census • Maintain records of arrests per State Jail Standards • Create and maintain records for all arrestees of cell assignment time in facility time out time offered phone call holds for other agencies • Conduct inventory search on every detainee entering facility • Inventory arrestee s property and ensure it is properly recorded and signed for • Note Fugitive information for Detention Record • Complete detainers for other agencies (ICE US Marshall FBI etc ) • Complete misdemeanor court packets • Contact other agencies to find out bond amounts for fugitives and confirm that the county has custody of the fugitive • Print record of arrest and give officers investigative and felony prosecutor copies of booking sheets and the record of arrests and other copies as needed • Notify ICE of any potential illegal aliens • Provide court paperwork for pick up by Court Liaison Officer or court/prosecutonal personnel • Complete Victim Notification Forms for all DV arrests and work cooperatively with OPD to attempt notification of victim 11 Fingerprinting • Complete fingerprints for all arrestees through AFIS • Perform ID checks through AFIS 12 ,.r Exhibit A o+0u" Att. l y ' Finance Department � Otte Cox Center ;!1. �' 11 1819 f rn=m Street,Suite 1004 5 "` ,lam c 2 Omaha,Nebraska 68183-1004 a (402)444-5416 • Telefa+c(402)444-5423 Carol A Ebdon Coy of Omaha Dtrector Mike Fabey Mayor Allen R Hccink City Comptroller Honorable President and Members of the City Council, The purpose of the attached Ordinance is to approve an Inter local Agreement between the City of Omaha and Douglas County regarding jail detention services This Agreement formalizes the relationship between the two entities regarding this service The Douglas County Board of Commissioners approved the Agreement on December 7 2004 The City will reimburse the County for the cost of housing City prisoners The 2005 rate will be $76 54 per day for prisoners held in the Douglas County Correctional Center, and $32 36 per day for Community Programs (e g house arrest or work release) These rates are based on the County s most recent cost information, the rates will be increased each year according to changes in the Consumer Price Index The term of the Agreement is five years with four five year renewal periods At the end of each five-year penod,new rates will be determined based on a facility cost analysis Respectfully submitted Referred to City Council for Consideration Carol A Ebdon Date ay or ffice Date Finance Director P \11562pjtn doc ORDINANCE NO c ' / AN ORDINANCE to approve an Interlocal Agreement between the City of Omaha and the County of Douglas regarding jail detention services to provide County provision of jail detention services for a period of five years,and to provide the effective date hereof BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA Section 1 That the attached Interlocal Agreement between the City of Omaha and Douglas County sets forth the procedures by which the County of Douglas will provide jail detention services for five years with four five-year renewal periods Section 2 That this Ordinance, not being of legislative character, shall be in force and take effect immediately upon its date of passage INTRODUCED BY COUNCILMEMBER . p a • APPROVED BY JPF r 7 ",,. . PAssED 'JAN 2 5 5 Q ACING OR OF THE CITY OF OM i ATE ATTEST C CLERK OF THE CITY OF 0 DA --- APPRO ► AST• • Alk A ' (2- 1 • CITY • -Y rA P 1F'1N411574pjm doc THOMAS F. CAVANAUGH r N', DOUGLAS COUNTY CLERK I COMP1 OLLEI r r 1: ;=Y KATHLEEN A, HALL 111111l CIF DEPUTY DOUGLAS COUNTY CLERK r t : ?22 f;r` ! R I 1 � December 21 2004 To Buster Brown City Clerk From Darlene Sprague Administrative Assistant Douglas County Clerk Office RE Interlocal agreement for Douglas County to provide jail detention services to the City of Omaha Enclosed are two (2)copies of the above agreement which have been executed by the Chair of the Douglas County Board of Commissioners After obtaining the appropnate signatures please return the fully executed document marked "County of Douglas—Official Record"to this office for filing Also enclosed is a certified resolution for your records Thank you for your cooperation with this matter If you have any questions I can be reached at 444-6764 OMAHA DOUGLAS CivtC Cam 1819 FARNAM SmPEr H08 OMAtu NEBRAsxA 68183-00 8 402.444.7150 FAX 402.444.6456 E-mad tavola.udilca alas US h botlerfcorres/sndout BOARD OF COUNTY COMMISSIONERS DOUGLAS COUNTY NEBRASKA Resolved Mobon by Duda seconded by Boyle I move this board approve agenda item 11 Interlocal agreement for Douglas County to provide fail detention services to the City of Omaha ADOPTED December 7 2004 YEAS Bergeson Duda Hams Hutchings McCollister Pirsch ABSENT Boyle (CERTIFIED COPY) ed.91 DOUGLAS COUNTY CLERK Certified Copy to Commissioners Corrections County Attorney Clerk Mayor Fahey City Clerk City Finance INTERLOCAL AGREEMENT PARTIES TO THE AGREEMENT Agreement entered between the County of Douglas, a body politic and corporation of the State of Nebraska,herein called County" and the City of Omaha, a Mumcipal Corporation of the State of Nebraska herein called 'City RECITALS WHEREAS,the Interlocal Cooperation Act of the State of Nebraska,being specifically §§13-801 et seq (N R S Reissue 197) enables separate political subdivisions of the state to cooperate on the basis of mutual advantage to provide for joint undertakings, services and facilities in a manner and pursuant to forms of governmental organization that will accord with best geographic economic,population and other factors influencing the needs and developments of local communities,and WHEREAS Omaha Municipal Code §10 162 requires specific procedures for contracts among governmental agencies and non-profit organization (OMC Section 10 162) and WHEREAS County desires to provide jail detention services to the City of Omaha in conformance with Nebraska law In consideration of the mutual covenants contained herein and for other good and valuable consideration the parties agree as follows Section 1 Termination This agreement shall be in force and effect for the term of fih e(5)years from the date hereof and shall be subject to four automatic f`e year renewals unless either party terminates in v►nting ninety days prior to the end of the renewal date Either party can terminate without cause with six-month written notice At the end of the first year of this Agreement a determination will be made as to whether the billing for that year vaned more than 10%from the amount budgeted by the City(S6 000 000) for the County under this Agreement for the calendar year 2005 If the amount billed during the year 2005 vanes by more than 10% from$6 000 000 in order to permit accurate budgeting, a renegotiation of the billing procedures under Sec 5 (c) of this Agreement shall be conducted Section 2 Booking/Transportation a When City s police department arrests an indi4idual over age 18 w ith one or more City charges and then books and processes the individual at the downtown City holding cell City will be responsible for transporting the individual(s) from the City holding cell to the Hall of Justice or the Douglas County Correctional Center (DCCC)for arraignment b If a prisoner with one or more City charges is in the care custody and control of the City pursuant to a capias mittimus and it is determined after such warrant is processed that detention at DCCC will be necessary,then City will transport the prisoner to DCCC to pay or serve out the fine or otherwise satisfy the court judgement Section 3 Processing/Medical Treatment a County reserves its right in its sole discretion to refuse any pnsoner brought to their attention pursuant to this Agreement if the prisoner is determined by County to be medically unfit or unstable The detemmnation of"medically unfit or unstable will be made by medical staff at DCCC and will include but not be limited by the following circumstances the prisoner has visible physical injuries requiring treatment at a medical facility/hospital,the prisoner is unable to participate in the intake process due to drug or alcohol intoxication or as otherwise provided by Nebraska Jail Standards b If a pnsoner is tendered to DCCC as provided in part 2b and the pnsoner is determined by County to require immediate medical care,City will transport the pnsoner to the nearest medical treatment facility Upon release by medical authonties the pnsoner may be returned by City to DCCC for housing with appropriate medical documentation,e g medical clearance from the hospital c City agrees to indemnify County for any emergency medical costs incurred by County as a result of undetected injunes present but undiscovered at the time of admission while detaining pnsonets brought to the County pursuant to this Agreement Section 4 Detention County agrees to accept all adult detainees upon deli,ery by City subject to the provisions of Section 2 and 3 and to detain each said adult pnsoner and to hold safe such prisoner until otherwise ordered by court of appropriate junsdiction or release notice upon rejection of the case by prosecutional authority Section 5 Pay ment a The City will be charged proportionately for partial days spent by City pnsoners in the DCCC consistent with the current billing program The minimum charge for each incarceration of City pnsoners shall be$20 00 b The 2005 per diem charged for City prisoners held in DCCC shall be$76 54 and at County Community Programs shall be$32 36 c The prisoner per diem rate set forth shall be firm until January 2006 Subsequent annual price adjustments shall be made in proportion to the increase or decrease of the Bureau of Labor Statistics Consumer Price Index(CPI) The following CPI parameters are established Series CUUR0200SAO,All Urban Consumers Mid West Urban,All Items, Index Base Period 1982-84=100 Reference Period is the month in which this agreement is signed,adjusted annually with no cap and no floor Sample Calculation CPI for current period 179 4 January 2004 Less CPI for previous period 176 2 January 2003 Equals index point change 3 2 Divided by previous period CPI 176 2 Equals 0 018161 Result multiplied by 100 100 X 0 018161 Equals percent change 1 82 % increase The percentage change is to be applied to the pnor year per diem charge d CPI adjustment shall be determined in March of each year and shall be implemented the following January e Every five years the County shall conduct a facility cost analysis using actual direct and indirect costs of operation for the Jail and Community Programs to establish a new per diem rate The first facility cost analysis shall be conducted in March 2009 with the newly calculated per diem rate being applied at the beginning of the contract renewal period Subsequent facility cost analysis shall be conducted every five years thereafter f For each prisoner confined on City and State charges County shall credit back to the City the reimbursement received for the prisoners from the State of Nebraska, pursuant to Nebraska Statute §§47 119 Upon completion of the City portion of the incarceration the remaining costs for such pnsoners shall not be the responsibility of the City of Omaha g County agrees 1 To submit to the City Finance Director each month an invoice in sufficient detail to identify pnsoners released from custody during the billing month relevant City charges billable dates of incarceration housing location billing rate total billing days total charge and summarizing the number of prisoners detained and days held pursuant to this Agreement and 2 To maintain records and accounts including property personal and financial records in the normal course of business to assure an accounting of all contract expenses and 3 To make such records and accounts mailable for audit purposes to the City Finance Director or any other authorized City representative and 4 To retain such records and accounts for a period of five years or as otherwise required by disposition schedules adopted by Nebraska Records Management Division 5 To submit to the City Finance Director an annual audit, summarizing the number of pnsoners detained and days held pursuant to this agreement h City agrees 1 To cite and release in all appropriate circumstances as provided by Nebraska law and pursuant to City s cite and release policy in order to maintain a lower jail population 2 To budget for the care of City charged pnsoners pursuant to this agreement and to pay County within thirty days following receipt of monthly billing Any contested charges will be brought to the County s attention within thirty days following receipt of the monthly bill i Both parties agree To be subject to all federal and local legislation prohibiting discrimination City and County agree that they shall not, in performance of this contract discriminate or permit discrimination because of race color sex age political or religious opinions,affiliation,or national ongins Section 6 Miscellaneous a The effective date of this Agreement is the date of the last signatory hereto b Any written notices required under this Agreement shall be addressed to the following representatives County, _Qin Chair Douglas County Finance Director Board of Commissioners City of Omaha LC 2 Suite 1004 1819 Farnam St 1819 Farnam St Omaha,NE 68183 Omaha,NE 68183 c Any and all amendments to this Agreement shall be in writing and properly executed by resolution by the County Board and City Council Section 7 Executions ecutions Resolution of the City Council being necessary under OMC Section 10 141 and section 5 17 of the Home Rules Charter The City Council and County Board have approved this agreement 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 ACTINGM Date ia -7 -O i D Attest r CO CLERK CITY CLERK Approved as to Form Approved t' 64A, sd"•titi 1—, DEPUTY COUNTY ATTORNEY CITY ATTORNEY Er a a ! 11 c ' Ii va r� r. ckl _ V c 1 � � a i �'� ° 0 A i Z 2 G1 tA R 1 2 ' . 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O T = Ul LIT: V m rn . f) 0to d 0. m � ... upot � °®(� 2 = rn LA' z. la a. c o 4 ` n o a-- 'Z np " r ro R. z it NOTICE KWICTHE DAILY RECORD TO Th follow g 0 d ce h be set fo OF OMAHA City Councrl h g May 13 2008 at 200 pm the Leg I ti Chamb ra Om halo gla C vi Ce to 1819 F m RONALD A HENNINGSEN Publisher i t ` ay h g II p 1 PROOF OF PUBLICATION i t ttl mayb h d AN ORDINANCE to PP ov Am dm t to th I tarfocal AO m t b tw th Cty of Omaha la IS th C ty UNITED STATES OF AMERICA f D Oa a t ed to o tJ ary 27 2005 fo pat g m t jatl d to t err The State of Nebraska t8s to da of J 1 2008 cta th sae District of Nebraska tly pro d d th Co ty of 0 gl ' th gh is D p rtm t of C ct p County of Douglas 1 gm tb k g a d d t t d t City of Omaha d 1 at s I th City f Om h Iti g m rg of City d Co ty let ervi d t d f ct d to p vid J BOYD ffct dt BUSTER BROWN C ty CI rk being duly sworn deposes and says that she is 59-08 LEGAL EDITOR of THE DAILY RECORD of Omaha a legal newspaper printed and published daily in the English language having a bona fide paid circulation in Douglas County in excess of 300 copies prmted in Omaha in said County of Douglas for more than fifty two weeks last past that the printed notice hereto attached was published in THE DAILY RECORD of Omaha,on May 9 , 2008 That said Newspaper during that time was regularly published and in gertlkirsx0iiitl in the County of Dou A and State of Nebraska. r,,J 1 C Subscribed in y p ce and sworn to before xt bliher i ee r 18 0 me this_ 9th day of t Iclit 1pn al Copies $ May 008 TOO6 2 $ 20 ''IA71 GF`ytf N b an f las County State of Nebraska NOTICE TO PUBLIC ildj THE DAILY RECORD ORDINANCE NO 3s174 r OF OMAHA AN ORDINANCE,. to%pL pp ove 1 a b emthe C ty of Om he a d tth Co t, RONALD A HENNINGSEN Publisher of Do gl t red nto J °y 27 2005 PROOF OF PUBLICATION 10 p st grim t j� Mt Bete t as to dd of J 1 2008 t th seM etlypro ddth C tyof D gls th o gh It D partm tiof Co recti p UNITED STATES OF AMERICA, aragm tb k g ddt II dti 1 a d fu ct f th City of1Om h a It g The State of Nebraska ss m rg of City a d Cou ty Iasi ry a, District of Nebraska dull� d tf" �,„ A. -1,d to prod County of Douglas SUMMARY j, .4 „.. s S City of Omaha, AN-TORDINANCE to pp ve ,,,a Ame dm t,tto the I te Ion I Ag m t betwee the C ty of Om h a d th Cou ty J BOYD of Doug' te d too J u ry 27 2008 f p t a fie t jail date do sarvi a being duly sworn deposes and says that she is to dd as of J 1 2008 to the s rvices' a rr ntly p idad the Co ty of Do gl thro gh t Dap rtma t of C rent na, pre LEGAL EDITOR r- ragm tbokig ad dt to dt€ and f of s of th City of Omaha ItI g r of THE DAILY RECORD of Omaha, a legal newspaper printed and a merger of Gty e d C ty j i aeM es, publishedin the Englishlanguage having d ties and f ctio d to t-p owde a daily gu ge a bona fide paid (fact date l 11 0' , ' circulation in Douglas County in excess of 300 copies printed in PASROD• May 20 2tio8 7 0 t Omaha,in said Countyof Douglas,for more than fiftytwo weeks last -APPROVED BY +� �cs*s � L. ,k �.g MIKE FAHEY" .r� 5�2ma 1 past that the printed notice hereto attached was published in THE MAYOR OF THE' i .,,4 CITY OF OMAHAr' h I BUSTER 4 1 DAILY RECORD of Omaha,on BUSSTER BROWN ,A C ty Clerk May 28 2008 5-28-08, 0 aper during that time w: _ 'gularly published and on m the County of Do _I i :_ :4 t• tate of Nebraska. IP 4.P-c �1ERAL / NOTARY Subscribed in ..,Ypresence and sworn to before I ublti etarki N $, 60 me this 28th y of ExPIR Ma 08 Add}tionel Copxee 4,„, ,,,,, P St a y zd���� 6 60 Not bl i o ouglas comity tate of Nebraska