RES 2013-0701 - Interlocal - Douglas County Youth Detention $4,..c-
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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,
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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
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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
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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
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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;
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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
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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.
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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
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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
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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.
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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
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46. 144;05;er-
Chaff rson r Date ar Date
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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
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pew- , County Attorne..-_ Date ssistant City Attorney
Date
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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
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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