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RES 2013-0701 - Interlocal - Douglas County Youth Detention $4,..c- J 60v,,,tizmili. r ,F26 04,1 c - r r 4�TED fiEBR�A i t �A'7n IO itm P,', E City of Omaha �`..Mr'' Jim Suttle,Mayor Todd R.Schmaderer Chief of Police Omaha Police Department "To Serve and Protect" 505 South 15th Street Honorable President Omaha,Nebraska 68102-2769 (402)444-5600 fax(402)444-5898 and Members of the City Council, www.opd.ci.omaha.ne.us Transmitted herewith is a Resolution approving an Agreement between the City of Omaha and Douglas County,Nebraska, for the County to provide booking and pre-adjudication detention of juveniles at the Douglas County Youth Center. The term of this Agreement is one year from January 1, 2013, through December 31, 2013. The Agreement is only one year due to the many proposed changes to the juvenile detention system currently pending in the Nebraska Legislature. The booking fee is set at$277,and the per diem cost to detain juveniles is set at $162.33 per day. The Finance Department is authorized to pay the cost of booking and detention fees for juveniles for the Police Department from General Fund 11111 and Organization 119011. Your favorable consideration of this Ordinance is respectfully requested. Respectfully submitted, Referred to City Council for Consideration, vic e. „' �' le �': .'. ,� , /� "Todd R. Schmaderer Date Mayor's Office Date Chief of Police Approved as to Funding: __0(1212- .43—, -.-' '( '.5-1' ?—/J Allen Herink Date Acting Finance Director P\LAW-CITY COUNCIL DOCUMENTS2013\30064dIm A Nationally Accredited Law Enforcement Agency INTERLOCAL AGREEMENT PARTIES TO AGREEMENT Agreement entered into between the City of Omaha, a municipal corporation of the State of Nebraska, herein called "City", on behalf of the City of Omaha Police Department and the County of Douglas, a body politic and corporate of the State of Nebraska, herein called "County" on behalf of Douglas County Youth Center herein called"DCYC". RECITALS WHEREAS, the Interlocal Cooperation Act of the State of Nebraska, being specifically Neb. Rev. Stat. §§ 13-801 et seq. (Reissue 2012), 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 Section 10-162 requires specific procedures for contracts among governmental agencies and nonprofit organization (OMC § 10-162); and WHEREAS, City and County desire to provide for booking and pre-adjudication detention of individuals in conformance with Nebraska statute and federal regulations relating to said Act found at Vol. 61,No. 61 Federal Register pages 65132 to 65140; and WHEREAS, the DCYC and City of Omaha Police Department desire to use intergovernmental cooperation in the endeavor in the interest of efficiency and cost containment; and WHEREAS, it is necessary for the Parties to enter into an agreement to set forth their respective rights, duties and obligations; and, 1 WHEREAS, such an agreement falls within the intent and purposes of the Interlocal Cooperation Act, Sections 13-801 through 13-827, Neb. Rev. Stat. 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 booking and preadjudication detention of individuals. SECTION TWO TERMINATION This Agreement shall be in full force and effect for the term of TWELVE (12) months from January 1, 2013, ending December 31, 2013, unless terminated by written notice from either party at least sixty days prior to the expiration of any such period. Upon mutual agreement of the parties, this Agreement may be extended for an additional one (1) year under terms and conditions that are mutually agreeable to the parties. SECTION THREE BOOKING/TRANSPORTATION When City's police department arrests or takes into custody an individual and it is determined that secure detention is necessary, City will transport those juveniles determined appropriate for secure detention to the DCYC at 1301 South 41St Street for booking, processing and detention. SECTION FOUR PROCESSING The juvenile will be processed by the DCYC. If the juvenile is determined by County to require immediate medical care, City will transport the juvenile to the nearest medical treatment facility. Upon release by medical authorities, the juvenile will be 2 returned to the DCYC by City, with appropriate documentation, for housing. County reserves the right to refuse any juvenile for required immediate medical needs and City agrees to indemnify County for any emergency medical costs incurred by County as a result of pre-existing medical conditions, undiscovered at the time of admission, that City knew or should have known but failed to notify County while detaining juveniles brought to the DCYC pursuant to this Agreement. County reserves the right in its sole discretion to refuse any juvenile brought to the DCYC pursuant to this Agreement, if the juvenile is determined by County to pose a medical risk or if there is no available space in which the juvenile can be safely housed. SECTION FIVE DETENTION County agrees to accept all juveniles upon delivery by City, subject to the provisions of Sections Three and Four, and to detain each said juvenile until otherwise ordered by court of appropriate jurisdiction or release notice upon rejection of the case by prosecutional authority. SECTION SIX ADDITIONAL OBLIGATIONS AND DUTIES OF THE CITY A. City agrees to pay County for the cost of detaining juveniles at $162.33 per day at the DCYC. 1. The City will be charged for and will pay for all new juvenile bookings. A new juvenile booking means any juvenile who is booked for the first time on any charges. a. The City will pay the booking fee for such a juvenile; and b. The City will pay the per diem charge for all days until the juvenile's first court date. 2. This juvenile per diem shall be firm until April 30, 2014. Thereafter, the juvenile per diem may be adjusted annually, at the County's discretion. Such annual adjustment will be effective on May 1st of each year. If the County elects to adjust the per diem, the per diem will be adjusted in 3 proportion to the increase or decrease of the Bureau of Labor Statistics, Consumer Price Index (CPI). If County elects to adjust the per diem, County shall give written notice of such intent to City no later than April 1 of each year. The following CPI parameters are established: Series CUUR0200SAO, All Urban Consumers, Mid-West Urban, All Items, Index Base Period 1982-84=100, not seasonally adjusted, Reference Period is the month January, adjusted annually, with no cap and no floor. Sample Calculation: CPI for current period 187.7 April 2005 Less CPI for previous period 181.5 April 2004 Equals index point change 6.2 Divided by previous period CPI 181.5 Equals .0341597 Result multiplied by 100 100 x .0341597 Equals percentage change 3.42% a. The percentage change is to be applied to the prior year's per diem charge. b. If the U.S. Department of Labor Bureau of Statistics revises the CPI or changes the base year and this causes a significant increase or decrease in the percentage change as compared to the past year, a significant increase/decrease would be +/- 4% to the previous year's percentage change, the previous year's percentage change plus 1% will be used and applied. This is the alternative calculation method. For example, the percentage change from the sample calculation above is 3.42%. If the U.S. Department of Labor revised the CPI and as a result, the percentage rose to 8.1%, the previous year's percentage change plus 1% (4.42%) would be applied. It would be applied to the prior year's per diem charge to arrive at the new per diem charge. Upon expiration of this contract or upon a mutually agreed 4 upon amendment as provided herein, the alternative calculation method may be replaced. B. In addition, City shall pay County a $29.77 booking/processing fee per juvenile accepted by County pursuant to this Agreement. This booking/processing fee shall be firm until April 30, 2014. 1. Thereafter, the juvenile booking/processing fee may be adjusted annually, at the County's discretion. Such annual adjustment will be effective on May 1st of each year. If County elects to adjust the booking/processing fee, County shall give notice of such intent to City no later than April 1 of each year. The booking/processing fee may be adjusted upward by up to a 5% percentage change. The percentage change is to be applied to the prior year's booking/processing fee. 2. If a juvenile is brought to the DCYC by OPD and the juvenile is at the DCYC for four (4) hours or less and then released from DCYC, only the booking fee will be charged. No per diem fee will be charged. C. City agrees: 1. To prescribe accounting systems for records and accounts; and 2. To review and monitor all the activities and functions of the County relating to this Agreement. D. City will make payments promptly, within 30 days of the invoice whenever feasible, but under no circumstances later than 60 days from the invoice. SECTION SEVEN ADDITIONAL OBLIGATIONS AND DUTIES OF THE COUNTY County agrees: A. To maintain records and accounts, including property, personnel, and financial records in accordance with Title 83 Nebraska Administrative Code, State of Nebraska Jail Standards Board Standards for Juvenile Detention Facilities; B. To make such records and accounts reasonably available for audit purposes to the Finance Director, or any other authorized City representative; 5 C. To retain such records and accounts in accordance with Title 83 Nebraska Administrative Code, State of Nebraska Jail Standards Board Standards for Juvenile Detention Facilities; D. That contract reports shall be available through the data processing program provided for above; E. To submit to the City Council contract reports on a quarterly basis of all activities and functions for which funds of the City are received; and F. To submit to the City Council an annual report, which includes a summary of the number of juveniles admitted, booked and days held. SECTION EIGHT 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 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 6 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. 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. C. Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. D. Applicable Law and Venue. 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. Venue for any non-federal legal proceeding under this Agreement shall be in the State of Nebraska, District Court of Douglas County and for any federal legal proceeding in the United States District Court for the State of Nebraska. E. 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. 7 F. 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. G. Assignment. None of the Parties may assign its rights under this Agreement without the express prior written consent of the other Party. H. 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. I. 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 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. J. 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. K. Dispute Resolution. Any dispute which, in the judgment of a Party to this Agreement, may affect the performance of such Party shall be reduced to writing and delivered to the other Party. As soon as possible thereafter, the Parties authorized representatives shall schedule a face to face meeting to resolve the dispute in a mutually satisfactory manner. Prior to the institution of any formal legal proceeding, the Parties must meet in this manner to resolve 8 the dispute. This meeting must take place within ten (10) business days after service of the written statement of dispute. During the pendency of negotiations, the Parties shall act in good faith to perform their respective duties described herein. If the Parties are unable to resolve their dispute using the process described above, the Parties agree to submit to nonbinding mediation with a mutually acceptable mediator prior to commencement of a legal action by any Party. The costs of the mediator shall be shared equally by the Parties. L. Indemnification. 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. These Indemnification provisions are not intended to waive a Party's sovereign immunity. A Party's liability is governed by and limited to the extent provided by the Nebraska Political Subdivision Tort Claims Act or other applicable provisions of law. The provisions of this section shall survive expiration or termination of this Agreement. M. No Third Party Rights. This Agreement is not intended to, nor shall it provide third parties, excluding any assignment as provided herein, with any remedy, claim, liability, reimbursement, cause of action or other right or privilege; except that this Agreement's indemnification provision shall also inure to the benefit of a Party's employees, officers, agents and servants. 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 9 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 Chief of Police 505 S. 15th Street Omaha, NE 68102 (402) 444-5600 (402) 444-4225 fax B. Douglas County,Nebraska Brad Alexander, Superintendent Douglas County Youth Center 1301 South 41 st Street Omaha,NE 68105 (402) 444-7492 (402) 444-4252 fax Notice shall be in writing and shall be effective upon receipt. Delivery may be by hand, in which case a signed receipt shall be obtained, or by United States mail, registered or certified, return receipt requested or by facsimile with a signed return facsimile acknowledging receipt. O. 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 obligation or obligations shall be excused and extended for and during the period of any such delay: act of God; fire; flood; changes to any of the following: government codes, ordinances, laws, rules, regulations or restrictions, as to which either Party's compliance is necessary to carry out the terms and conditions of this Agreement; war or civil disorder; or any other cause beyond the reasonable control of such Party. The Party claiming relief under this section shall promptly notify the other in writing of the existence of the event relied on and the cessation or termination of said event. P. Joint Work Product. 10 This Agreement is the joint work product of the Parties; accordingly, in the event of any ambiguity, no presumption shall be imposed against or in favor of either Party by reason of document preparation. Q. Public Employer Contract Provision—Neb.Rev.Stat. § 4-114(2) Pursuant to and in order to be in compliance with Neb.Rev.Stat. § 4-114(2), both Parties hereby agree to 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. R. Public Benefits - Neb.Rev.Stat. §§ 4-108- 113 Neither Party is an individual or sole proprietorship. Therefore, neither Party is subject to the public benefits attestation requirements of Neb.Rev.Stat. §§ 4-108 - 113. S. Drug-Free Workplace Both Parties certify that each maintains a drug-free workplace environment to ensure worker safety and workplace integrity. EXECUTION Approval of the City Council being necessary under Section 5.17 of the Home Rule Charter; the City Council and County Board have approved this Agreement. IN WITNESS WHERWF, the parties hereunto set their hands to this Agreement upon the day and year hereinafter indicated. DOUGLAS COUNTY,N41RASKA • CITY OF OMAHA,NEARASKA /2 46. 144;05;er- Chaff rson r Date ar Date 11 ATTEST: iii////20,3 CI; 7x, Co ty Clerk ; Date jet City Clerk Date --. APPROVED AS TO FORM: APPROVED AS TO FORM: 14,,f4:}„,01/ -2O--3 L /21/ ae, pew- , County Attorne..-_ Date ssistant City Attorney Date 12 Resolution No: 353 ADOPTED: June 4, 2013 BOARD OF COUNTY COMMISSIONERS DOUGLAS COUNTY, NEBRASKA WHEREAS, Douglas County desires to enter into an agreement with the City of Omaha, for the County to provide booking and pre-adjudication detention of Juveniles under the age of 18 at the Douglas County Youth Center and, WHEREAS, the booking fee will remain set at $29.77 and the per diem cost to detain juveniles is set at $102.33 per day and, WHEREAS, that agreement will extend from January 1, 2013 through December 31, 2013 and, 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 effective from January 1, 2013 through December 31, 2013. DATED this 4th day of June 2013. Motion by Tusa, second by Duda to approve, I move the adoption of the resolution Adopted: June 4, 2013. Yeas: Boyle, Duda, Kraft, Morgan, Rodgers, Tusa, Borgeson Pzi (CERTIFIED COPY) 5 g -o y'4 z� p = xj , z .( ...H,a� 'k its C Q ' . 7 co Gy F vpCP W e2R "r Thomas F. Cavanauoh m_ Douglas County Clerk w r., _ A A 1 � ..i _.] C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,the City of Omaha and Douglas County have previously entered into an Interlocal Agreement regarding the booking and detention of juveniles into Douglas County Youth Center; and, WHEREAS, that Interlocal Agreement expired on December 31, 2012; and, WHEREAS,the City and County desire to extend that Interlocal Agreement for one year through and including December 31, 2013; and, WHEREAS,all the terms and conditions,as amended, shall remain in full force and effect during the extension period; and, WHEREAS, the only significant change will be that detention costs shall increase from $155.91 to $162.33 per day; and, WHEREAS, it is in the best interests of the City to extend this Agreement. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,as recommended by the Mayor,the Interlocal Agreement between the City of Omaha and Douglas County extending the Agreement regarding the booking and detention of juveniles into the Douglas County Youth Center for one year, up to and including December 31, 2013, is hereby approved; and the cost of booking and detention fees will be taken from General Fund 11111 and Organization 119011. APPROVED AS TO FORM: -/5 —0 ASSI TANT CITY ATTORNEY. DATE P\LAW-CITY COUNCIL DOCUMENTS\2013\30065d1m By rs cilmember Adopted MAY..2..1. 2Q`. 7 c Ci erk Approved (.3-' 2/3 Mayor NO. ei)f Resolution by Res. that as recommended by the Mayor, the Interlocal Agreement between the City of Omaha and Douglas County extending the Agreement regarding the booking and detention of juveniles into the Douglas County Youth Center for one year, up to and including December 31, 2013, is hereby approved; and the cost of booking and detention fees will be taken from General Fund 11111 and Organization 119011. P\LAW-C1l'Y COUNCIL DOCUMENTS\2013\30065d1m f , Presented to City Council MAY 21 2013 Adopted 7-o Rioter grown City Clerk