ORD 40131 - Agmt with Encap to provide services to juveniles in Omaha OMAH�'n'F
RECEIVED
Office of the Mayor
.,®4�,�'1 h► � ARC "' t 1819 Farnam Street,Suite 300
nit,AUG 2 F�
• ti• Omaha,Nebraska 68183-0300
' O4TD FEBR�t4� FAX: (402)444-60559
City of Omaha CITY CLERIC
Jean Stothert,Mayor MAHA.NEBRASK"
Honorable President
and Members of the City Council,
Attached is an Ordinance to approve an agreement between the City of Omaha and Eastern Nebraska
Community Action Partnership (ENCAP) in the amount of$30,500, during the period of July 1, 2014 to
June 30, 2015. ENCAP will use these funds to enhance the capabilities of Mini-Pros, a youth
entrepreneurial T-shirt design initiative and employability skills training program during the agreement
period.
The ordinance also authorizes the Finance Director of the City of Omaha to pay the agreement which is
budgeted and funded from the Nebraska Crime Commission 2014 Juvenile Services Grant, award#14-JS-
405.
Your favorable consideration is requested.
Sincerely, Approved as to Funding:
///1 ..7/4_,,,,,5
Jean Stothert,Mayor Date ` Stephe Curtiss ate
City of Omaha Finance Director pc
Approved:
/ /4 • 1?
Human Rights an Relations Da e
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ORDINANCE NO. L/7/3/
AN ORDINANCE to approve an agreement between the City of Omaha and Eastern Nebraska
Community Action Partnership (ENCAP) in the amount of thirty thousand five hundred dollars
($30,500) to provide services and programs to juveniles in Omaha during the period of July 1,
2014 to June 30, 2015; to authorize funding for such agreement from the Nebraska Crime
Commission 2014 Juvenile Services Grant, award #14-JS-405; and to authorize payment from
such grant funding and involving appropriations of more than one year in conformity with
Section 5.17 of the Home Rule Charter; and,providing for the effective date hereof
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That, the City of Omaha has been awarded the 2014 Juvenile Services grant
#14-JS-405 from the Nebraska Crime Commission to enhance the capabilities of Mini-Pros, a
youth entrepreneurial T-shirt design initiative and employability skills training program during
the period of July 1, 2014 to June 30, 2015.
Section 2. That, as recommended by the Mayor, the agreement between the City of
Omaha and Eastern Nebraska Community Action Partnership (ENCAP) in the amount of thirty
thousand five hundred dollars ($30,500) to provide services and programs to juveniles in Omaha
is hereby approved.
Section 3. That the terms of the agreement shall extend from July 1, 2014 to June 30,
2015. In conformity with Section 5.17 of the Home Rule Charter, total expenditures as outlined
in the attached agreement, from such grant funds and involving appropriations of more than one
year, are hereby authorized and the Finance Director is authorized to make payments from the
2014 Juvenile Services grant#14-JS-405, in accordance therewith.
Section 4. That there is a sub-grantee recipient match of twenty two thousand three
hundred eighty dollars($22,380)with this grant as detailed in the attached grant budget.
ORDINANCE NO. 4/ 1/3/1
PAGE -2-
Section 5. That this ordinance being administrative, and not legislative, in character shall
be in full force and take effect immediately upon passage.
INTRODUCED BY COUNCILMEMBER
�1• � APPROVED BY:
OP
AYOR OF HE CITY OF OMAHA DA I E
PASSED SEP 2 3 2014 -o
ATTEST:
YA3
CI CLERK OF THE CITY OF OMAHA DA E
APPROVED AS TO FORM:
.,/a4.41- -ao 7,74
ASSIS ANT CITY ATTORNEY DATE
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41111 EASTERN H E B R A S K A Eastern Nebraska Community Action Partnership,
Helping People. Changing Lives. (ENCAP)
commudata' nity 2406 Fowler Avenue
Omaha,NE 68111
Phone:402-453-5656
FAX:402-451-3057
Web address: www.encapomaha.orq
PARTNERSHIP
AMERICASPOVEItTY FIGHTING NETWORK
May 21, 2014
This document provides the information requested by the Nebraska Crime Commission for the
Juvenile Services grant#14-JS-405.
Please provide breakdown of program description:
ENCAP's afterschool program is designed around 5 core areas: Academics, The Arts, Health and
Nutrition, Community Engagement, and Entrepreneurial and Employability Skills Training. This
past year the focus was on Entrepreneurial and Employability Skills Training since this was a new
component for the 2013-2014 school year. All other 4 core areas were utilized, especially
Academics. ENCAP used the services of the Metropolitan Community College students as tutors
to assist with homework assignment. Health and Nutrition was addressed by providing an
evening meal provided by ENCAP's partnership with the Heartland Food Bank's Kids Café. The
youth attended several networking events to promote their work with their start up business,
Mini-Pros. Arts was incorporated as the teens experimented with T-shirt designs in their work
with Mini-Pros.
What is the cost per student?:
The cost per student is $1,072. This includes salary and benefits for the Youth Program
Coordinator and supplies but does not include any indirect costs
Please describe the need for 50%in fringe:
ENCAP did not request 50 percent in fringe benefits.
Please provide letter of support from T-shirt Designer:
ENCAP utilized a volunteer to assist with getting the printing equipment set up and provided
some assistance with supply ordering but did not assist with design.
Justify the use of funds for the target age group of 10-17.
The age group ENCAP target's is 13-18. We chose this age group because of the lack of
programming available for teens in the North Omaha area.
For any other questions, please don't hesitate to contact me at the information below.
Sincerely,
Nancy Livingston
Family Development Services Director
402-453-5656 ext. 215
AGREEMENT
This Agreement is made and entered into this 23M day of Eric 2014 by and
between the City of Omaha, a municipal corporation (herein referred to as "the City") and the Eastern
Nebraska Community Action Partnership, 2406 Fowler Avenue, Omaha, Nebraska 68111 (hereinafter
referred to as "Contractor").
WHEREAS, the City of Omaha has received funds from the State of Nebraska, Nebraska
Commission on Law Enforcement and Criminal Justice, 2014 Juvenile Services Grant, Eastern Nebraska
Community Action Partnership(ENCAP),#14-JS-405; and,
WHEREAS, the City has agreed to administer the 2014 Juvenile Services Grant, Eastern
Nebraska Community Action Partnership ENCAP, #14-JS-405 (hereinafter referred to as "Grant
Award"); and,
WHEREAS, the City wishes to contract with the Contractor as described below, to obtain the
Contractor's services in the implementation of the Grant Award.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,
the City and the Contractor mutually undertake and agree as follows:
DUTIES OF THE CONTRACTOR
The Contractor agrees to do the following, along with all other obligations expressed or implied
in this Agreement:
A. The Contractor shall provide the following services as outlined below as wells as the
project requirements as stated more fully in the Grant Award, Special Conditions, Program Narrative,
Detailed Budget, and Letter Addressing Contingencies:
The Contractor will enhance the capabilities of Mini-Pros, a youth entrepreneurial T-shirt design
initiative and employability skills training program. ENCAP's youth program serves youth aged
13 to 18. Youth will be engaged in entrepreneurial development and employability skills training
to develop a youth run t-shirt business in the north Omaha community.
Eastern Nebraska Community Action Partnership Grant Funds
Youth Coordinator salary and fringe benefits $47,880/year x 0.637 FTE $30,500
Total Grant Funding: $30,500
Eastern Nebraska Community Action Partnership Match
Youth Coordinator salary and fringe benefits $47,880/year x 0.363 FTE $17,380
Family Development Services Director $ 5,000
Total Required Match: $22,380
Grant Award Amount: $30,500
Match Amount: $22,380
Total Grant Amount: $52,880
B. The Contractor will comply with all of the guidelines, requirements and Special
Conditions of the State of Nebraska, Nebraska Commission on Law Enforcement and Criminal Justice
which are applicable to this Project specifically and are fully set forth herein.
C. The Contractor shall comply with all reporting, data collection and evaluation
requirements, as prescribed by State of Nebraska, Nebraska Commission on Law Enforcement and
Criminal Justice, 2014 Juvenile Services Grant Award, and submit all reporting, data collection and
evaluation to the City on a quarterly basis as required for the life of the award and during the term of this
Agreement. The Grant Award period is July 1, 2014 through June 30, 2015.
D. The Contractor will be responsible for all aspects of the project including day-to-day
management, bidding, purchasing, installation, and implementation. The identity of the chief executive of
the Contractor and any changes thereof shall be provided to the City.
E. The Contractor shall maintain an accounting system that accurately tracks income and
expenditures associated with this agreement separate from other agency funds.
F. The Contractor shall allow the City to have access to the Contractor's records and
program site for the purpose of financial and/or program audits, as may be required in the sole discretion
of the City or its authorized designee. The Contractor shall retain all grant documents for a minimum of
five years following the completion of this agreement.
G. The Contractor will implement and enforce, as to its employees, a drug-free workplace
policy substantially similar to the City of Omaha's policy which is on file with the Human Resources
Department.
H. The Contractor will conduct background investigations on all employees, volunteers and
other adults who come into contact with the youth in the program.
I. The Contractor will provide an executed W-9 Verification form.
J. The Contractor is required and hereby agrees 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.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne.us.
2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the
Contractor agrees to provide the US Citizenship and Immigration Services documentation required to
verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for
Entitlements(SAVE) Program.
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3. The Contractor understands and agrees that lawful presence in the United States is required and
the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev. Stat. §4-108.
II.
COMPENSATION
The City shall compensate the Contractor in an amount not to exceed, under any circumstances,
$30,500 ("Maximum Compensation"). The City shall advance $15,250 to the Contractor upon execution
of this Agreement. Following the execution of this Agreement and during the term of this Agreement the
City will only disburse the remaining Compensation to the Contractor upon request for costs
contemplated and reimbursable under the project provided that such requests must be submitted by June
30, 2015. Upon request for disbursement the Contractor must provide an expenditure summary of
matching funds and previous funds received to date. All receipts and expenditure reports shall be
maintained and made available as requested for auditable evidence by the Contractor. All requests for
reimbursement shall be submitted to the City of Omaha, Mayor's Office, Grant Administrator, 1819
Farnam Street, Suite 300,Omaha,Nebraska 68183.
Any tangible equipment purchased by the Contractor with funds pursuant to this Agreement shall
be the property of the Contractor.
In the event that the Contractor breaches any provision of this Agreement, the City may, at its
sole option, and in addition to any other remedies, withhold the payment of any portion of the Maximum
Compensation to the Contractor.
III.
TERM
This Agreement shall become effective on the date of execution and shall terminate on June 30,
2015. Permissible expenditures under this grant incurred after July 1, 2014 will be paid as if they
occurred after the effective date. Either party may immediately terminate this Agreement upon mailing
prior written notice thereof to the other party; provided, that in the event of such early termination, the
Contractor shall immediately return to the City all unexpended funds advanced to the Contractor under
this Agreement.
In the event the grant award period is extended by the State of Nebraska, Nebraska Commission on Law
Enforcement and Criminal Justice funding agency, the Agreement shall automatically be extended to the
end of the approved extension.
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IV.
INDEMNITY
To the extent allowed by law, the Contractor covenants and agrees to indemnify and hold
harmless the City of Omaha, their officers, agents and employees, their successors and assigns,
individually or collectively, from and against all liability for any fines, claims, suits, demands, actions or
causes of action of any kind and nature asserted by Contractor or by anyone else, for personal injury or
death, or property damage in any way arising out of or resulting from the acts of the Contractor's
employees or agents pursuant to this Agreement, and the Contractor further agrees to pay all expenses in
defending against any claims made against the City of Omaha provided, however, that the Contractor
shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct
of the City, its agents or employees.
The Contractor, and the City of Omaha shall give prompt and timely written notice of any claim
made or suit instituted which, in any way, directly or indirectly, contingently or otherwise, affects or
might affect the other parties.
V.
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
The Equal Employment provisions of this Agreement are as set forth in the Equal Employment
Opportunity clause which is on file with the Human Resources Department. Refusal by the Contractor or
any subcontractor to comply with any portion of this program as herein stated and described will subject
the offending party to any or all of the following penalties:
A. Withholding of all future payments under the involved Agreement to the Contractor until
it is determined the Contractor or subcontractor, is in compliance with the provisions of
the Agreement.
B. Refusal of all future bids or Agreements with the City or any of its departments or
divisions until such time as the Contractor, or subcontractor, demonstrates that it has
established and shall carry out the policies of the program as herein outlined.
VI.
NONDISCRIMINATION
The Contractor shall not, in the performance of this contract, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age,
disability, political or religious opinions, affiliations or national origin.
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VII.
INDEPENDENT CONTRACTOR
It is understood and agreed by and between the parties that any and all acts that the Contractor or
its 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 City. Neither Contractor nor any of its
employees or agents shall be construed to be the employee or agent of the City for any purpose
whatsoever. Contractor shall not be entitled to any benefits of the City. The City shall not provide any
insurance coverage to the Contractor or its respective employees including, but not limited to workers'
compensation insurance. Contractor and the City shall each pay all wages, salaries and other amounts due
to its respective 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.
Contractor shall have no authority to bind the City or by or with any contract or agreement, nor to
impose any liability upon the City. All acts and contracts of the Contractor shall be in its own name and
not in the name of the City, unless otherwise provided herein.
VIII.
CAPTIONS
Captions used in this contract are for convenience and are not used in the construction of this
contract.
IX.
APPLICABLE LAW
Parties to this contract shall conform to all existing and applicable city ordinances, resolutions,
state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern
the terms and the performance under this contract.
X.
CONFLICT OF INTEREST
A. No elected official nor any officer or employee of the City shall, during their tenure and
one year thereafter, have a financial interest, direct or indirect, in this Agreement or in any funds
transferred hereunder. Any violation of this section shall render the Agreement voidable by the City or
the Contractor.
B. The Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict with the performance required to be performed under this
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Agreement; it further covenants that, in the performance of this Agreement, no person having any such
interest shall be employed.
XI.
WARRANTY AS TO COMMISSIONS
Contractor warrants that it has not employed any person to solicit or secure the Agreement upon
any agreement for commission, percentage, brokerage,or contingent fee.
XII.
MERGER
This Agreement shall not be merged into any other oral or written contract, lease or deed of any
type. This is the complete and full agreement of the parties.
XIII.
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.
XIV.
ASSIGNMENT
Neither party may assign its rights under this Agreement without the express prior written consent
of the other party.
XV.
CONTRACT DOCUMENTS
Contractor is responsible for review of and compliance with each of the terms of this Agreement.
The parties agree that this Agreement shall include, as if fully set forth herein, the Grant Award, Special
Conditions, Program Narrative, Budget, and Letter Addressing Contingencies which are attached hereto.
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AUTHORIZED REPRESENTATIVE
In further consideration of the mutual covenants herein contained, the parties hereto expressly
agree that for purposes of notice, including legal service of process, during the term of this Agreement
and for the period of any applicable statute of limitations thereafter,the following named individuals shall
be the authorized representatives of the parties:
(a) CITY OF OMAHA
Jean Stothert,Mayor
Office of the Mayor
1819 Farnam Street, Suite 300
Omaha,Nebraska 68183
Contact: Gail Braun, Grant Administrator
Phone: (402)444-5286
(b) CONTRACTOR
Eastern Nebraska Community Action Partnership
Evangeline Levison,Executive Director
2406 Fowler Avenue
Omaha NE 68111
Contact:Nancy Livingston, Family Development Services Director
Phone: (402)453-5656 ext. 215
EXECUTED this 254- day of � �s�!/IGL�- , 2014.
CITY OF OMAHA,NEBRASKA EASTERN NEBRASKA COMMUNITY ACTION PAF
____\/(-0(1—cc%Jean Stothert,Mayor 01*e
e Evangeli evison, Executive Directof Date
ATTEST:
V4ate
u er Brown, ity Clerk
APPROVED AS TO FORM:
AiAssis nt City Attorney Date
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iry
ORDINANCE NO. 7O/3/'
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AN ORDINANCE to approve an agreement
between the City of Omaha and Eastern
Nebraska Community Action Partnership
(ENCAP) in the amount of thirty thousand five
hundred dollars ($30,500) to provide services
and programs to juveniles in Omaha during the
period of July 1, 2014 to June 30, 2015; to
authorize funding for such agreement from the
Nebraska Crime Commission 2014 Juvenile
Services Grant, award #14-JS-405; and to
authorize payment from such grant funding and
involving appropriations of more than one year
in conformity with Section 5.17 of the Home
Rule Charter; and, providing for the effective
date hereof.
PRESENTED TO COUNCIL
1st a ing SEP — 9 2014 ../,y%�q-
9r� iy
PUBLICATIONS H i-�ng SEp 1 6 2014 - 0��� cf
/,
PUBLICATION OF HEARING
`1 — IL'('
Date Final Reading SEP 2 3 2014
Cl� l
Passed '7-�
PUBLICATION OFORDINANCE
Date /0y 1 </1/— BUSTER BROWN
City Clerk