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RES 2014-0200 - Agmt with Building Bright Futures to improve school attendance ,0„,,,,,„,,4 .ko_v, - „, (7,...._ , , ,. , , . . �'�` Office of the Mayor 4,.. ,, ,,,,,,,,,; it ��� � , � 1819 Farnam Street,Suite 300 o�-:- ;;,�,��-M'.. Omaha,Nebraska 68183-0300 Ao �ti. (402)444-5000 1'41.ED FE13°.' _ FAX: (402)444-6059 City of Omaha Jean Stothert,Mayor Honorable President and Members of the City Council, Attached is a Resolution recommended by the Mayor approving an agreement between the City of Omaha and Building Bright Futures in the amount of$175,000. The funds will be used by the contractor to provide services to the residents and the citizens of the City of Omaha, which include improving school attendance in six pilot schools by delivering intense and targeted support to youth who are at-risk or have chronic absenteeism issues, as well as youth who are disengaged from school through the Youth Attendance Navigator (YAN) program. This contract is budgeted and payable from 2014 Community Services, General Fund 11111, Organization 126057, Account 46111. Your favorable consideration and adoption of this Resolution is respectfully requested. Sincerely, Approved as to Funding: -1'"-:(./eAA--ktfauaL 1/3 0 "4,,, 1„ /' 64 ` .lean Stothert, A ayor ) ate Stephen Curtiss �,,,pc> ate City of Omaha Finance Director Approved: ,) 1lulrmn is i. hts and Relations Date P:\MYR\0066PR C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,Building Bright Futures,a Nebraska non-profit corporation,has signed an agreement with the City of Omaha,which is attached hereto,to provide certain specified services; and, WHEREAS, pursuant to such agreement Building Bright Futures shall provide services to the residents and the citizens of the City of Omaha, which include improving school attendance in six pilot schools by delivering intense and targeted support to youth who are at-risk or have chronic absenteeism issues, as well as youth who are disengaged from school through the Youth Attendance Navigator (YAN) program, during the period of January 1, 2014 to December 31,2014; and, WHEREAS, the Mayor recommends approval of the agreement in the amount of $175,000 for Building Bright Futures for financial support of such activities from 2014 Community Services, General Fund 11111, Organization 126057, Account 46111; and, WHEREAS, it is in the best interest of the Citizens of the City of Omaha to approve the contract; and, NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,as recommended by the Mayor,the agreement between the City of Omaha and Building Bright Futures in the amount of one hundred seventy five thousand dollars ($175,000)to provide services to the residents and the citizens of the City of Omaha, which include improving school attendance in six pilot schools by delivering intense and targeted support to youth who are at- risk or have chronic absenteeism issues, as well as youth who are disengaged from school through the Youth Attendance Navigator(YAN)program from January 1, 2014 to December 31, 2014, and incorporated herein by this reference,and funding of such project in the total amount of$175,000,is hereby approved. FURTHER THAT, the Finance Director is authorized to provide payment of $175,000 from 2014 Community Services, General Fund 11111, Organization 126057, Account 46111; and in accordance with the contract terms. I � APPROVED AS TO FORM: By Councilmember Adopted 2014 2- D /29/ ASSISTANT CITY ATTORNEY DAT • •• //� P:\MYR\0066P � City Clerk /� Approved.... AC G Mayor City of Omaha Truancy Prevention Programs Request for Funding Proposal Calendar Year 2014 Cover Sheet Agency Information Agency Name: Building Bright Futures Primary Contact Person: Barbara Rebrovich Address: 1004 Farnam Street,Suite 102 City: Omaha State: Nebraska Zip: 68102 Phone: 402/715-4168 Fax: 402/715-4161 Email: b.r brovich(d bbfomaha.org Program Information Title of proposed program: The FAN Program—Increased Academic Success lhro jh Improved Attendance Brief description of program: This partnership, facilitated by the UNO Attendance Collaborative and Building Bright Futures, involves collaboration with multiple community organizations in the Omaha area focused on improving school attendance in six pilot schools and the D2 Center I Directions Diploma. The intent of this program is to increase attendance by delivering intense and targeted support to youth who are at risk or have chronic absenteeism issues and youth who have disengaged from school. Key to the success of this program is the involvement and support provided by Youth Attendance Navigators and Youth Academic Navigators (YANs). Program duration: January 1,2014 -June 30,2014 Signature for Approval: ---1Lartir--4,AoLc..2.---- Kenneth M. Bird Interim CEO Building Bright Futures: The YAN Program- Increased Academic Success through Improved Attendance Program Information and Staffing If your agency is providing summer programming, it is expected that your agency will provide a full 10-week program. What age level will your program serve? Primarily 12-18 year olds Staffing Information and Requirements *Agencies applying for this grant will be required to do background checks on personnel involved in programming. Agencies are expected to keep a copy of the background check on file during the duration of the program. Program Description Mission and Vision Statement Building Bright Futures (BBF) is an Omaha non-profit organization, established in 2006, whose long-range mission is to improve academic achievement, raise graduation rates, increase civic/community responsibility, and ensure all students are prepared for postsecondary education. BBF develops partnerships with existing providers and school districts, and creates evidence-based programs to develop a comprehensive, community-based network of services. Need for Program Clearly and concisely describe the overall need for the program and the problem to be addressed by your program. Student attendance is the single most important factor in student achievement and success in school. Youth who become disengaged during middle school and high school reflect behaviors such as poor grades and failure, skipping school, experimenting with drugs, joining gangs, and having unplanned pregnancies, and do not graduate from high school. The outcome of poor attendance and chronic absenteeism is lower levels of educational attainment, which translate into a significant reduction in income potential over a lifetime and greatly increase the chances 12/9/2013 2014 City of Omaha Truancy Prevention Program Page 2 of 13 Building Bright Futures: The VAN Program - Increased Academic Success through Improved Attendance that individuals will be unemployed, underemployed, or become incarcerated. For our community, the result is more citizens who consume valuable resources rather than contribute resources. This program will provide support toward increasing school attendance and school engagement by targeting youth who have disengaged from school or who are at risk of chronic absenteeism (10-20 absences in a school year). How will the program involve the program participants' families? Youth Attendance Navigators (schools) and Youth Academic Navigators (D2 Center) will be actively engaged in providing support and interventions with youth participating in this program and their parents/guardians. YANs will address unique issues, needs and challenges impacting school attendance; communicate with parents/guardians and other adults; monitor student attendance and achievement; and insure youth are staying on a path to high school graduation. Target Audience Summarize the target audience that will benefit from this program. The program will focus on middle school and high school students who are at risk or have chronic attendance issues, including those youth who have ten absences up to and including 20 absences (10-20 days), those who are transitioning from 6th to 7th grade and from 8th to 9th grade with attendance issues, and those who have disengaged from school. Please indicate projected number of students that will be served with this funding. The number served at each target site will be dependent upon the intensity of need and level of program support. Caseloads at each site will range from 60-75 students, who will be provided services through the six targeted school sites and BBF's D2 Center during the period of the program — January 1, 2014 through June 30, 2014. Accomplishment of the following objectives will result in improved attendance for an estimated 420 to 600 students, collectively, 12/9/2013 2014 City of Omaha Truancy Prevention Program Page 3 of 13 Building Bright Futures: The VAN Program- Increased Academic Success through Improved Attendance during the first six months of the 2014 calendar year. Goals, Objectives and Activities Describe clear goals, objectives, and activities with measurable performance outcomes for the program. Program Goal By the end of the 2013-2014 school year, overall student school attendance will increase for the YAN students served in six targeted schools and among youth served by BBF's D2 Center Directions Diploma who are at risk or have disengaged from school or are experiencing serious attendance problems. The Attendance Collaborative is a partnership between BBF and the University of Nebraska- Omaha, working with schools, school districts and community organizations to create and enhance sustainable systems to increase attendance through school and community partnerships that utilize actionable data, capacity building, shared accountability and positive messaging. The YAN Program is a partnership between Omaha Public Schools, Building Bright Futures (BBF), the Attendance Collaborative, five community organizations (Boys and Girls Club of the Midlands, Completely KIDS, Latino Center of the Midlands, Urban League of Nebraska, and The Y), and BBF's D2 Center I Directions Diploma. This partnership, facilitated by the Attendance Collaborative and Building Bright Futures, involves collaboration with these community organizations and focuses on increasing school attendance in six pilot schools and through the D2 Center. The intent of the program is to increase attendance by delivering intense strengths-based and targeted support to students who have chronic attendance issues. Program Objectives Students are enrolled in the program at the school sites based on their absences during the 2012-2013 school year. To address Objectives 1 and 2, quarterly reports will document 12/9/2013 2014 City of Omaha Truancy Prevention Program Page 4 of 13 Building Bright Futures: The YAN Program- Increased Academic Success through Improved Attendance outcomes through a comparison of YAN students that have missed less than five percent of school (nine days or less by the end of the 2013-2014 school year). Comparisons will look at the number of students enrolled in the YAN program and the percent of those students that are on track each quarter to miss less than five percent of the days of instruction. Students are referred to the D2 Center through a number of referral sources including schools, parents/guardians, and local agencies. Quarterly reports on Objective 3 will document outcomes through number of youth who complete the intake process, create an Action Plan, are assigned a Youth Academic Navigator, and continue to make progress toward completion of their individual Action Plan. Objective 1: To reduce by 25% the number of YAN students at McMillan, Monroe, and Norris Middle Schools who have missed ten up to and including 20 days of school (10-20 days) the previous school year. Outcomes will be provided quarterly during the second semester of the 2013-2014 school year, documenting the number and percent of YAN students that are on track each quarter to missing five percent or less of the days of instruction (e.g., Quarter 1 missing less than 6.75 days of instruction and Quarter 2 missing 9.9 or less days of instruction). Objective 2: To reduce by 25% the number of YAN students at Benson, Northwest, and South High Schools who have missed ten up to and including 20 days of school (10-20 days) the previous school year. Outcomes will be provided quarterly during the second semester of the 2013-2014 school year, documenting the number and percent of YAN students that are on track each quarter to missing five percent or less of the days of instruction (e.g., Quarter 1 missing less than 6.75 days of instruction and Quarter 2 missing 9.9 or less days of instruction). 12/9/2013 2014 City of Omaha Truancy Prevention Program Page 5 of 13 Building Bright Futures: The YAN Program- Increased Academic Success through Improved Attendance Table 1• %, o1 YAN Students with.Goad Atte dance,(missing 5°0 o ^less) To-Year Comparison School 2011/2012 2012/2013 McMillan YAN Program 31% 41% Monroe YAN Program 0% 49% Norris YAN Program 47% 46% Middle School Program 26% 45% Benson YAN Program Not Yet in Program 37% Northwest YAN Program 24% 24% South YAN Program 28% 39% High School Programs 17% 33% All Schools Combined 22% 39% Tible 2. Sebool Total Student Absences 3 2011-2012 2011-2012 2012-2013 2012-2013 All Absences=>10 10-20 Absences All Absences=>10 10-20 Absences School (Number and % of (Number and % of (Number and % of (Number and % of school enrollment) school enrollment) school enrollment) school enrollment) i`F iiitl ,,, i i i i p v:„.ii¢0,,1 °t 1 McMillan Middle 231 / 35% 162 / 25% 236 / 37% 149 /24% Monroe Middle 289 / 50% 162 / 19% 251 /46% 149 /27% Norris Middle 320 / 37% 232 /27% 347 / 33% 242 /23% Benson High 812 / 56% 364 /25% 704 / 55% 376 /29% Northwest High 686 / 52% 374 / 28% 717 / 54% 390 /29% South High 1,252 / 55% 620/27% 1,347 / 56% 624 /26% Objectives 1 and 2 address the need for improved attendance and decreased absenteeism in area middle and high schools through community partnerships that result in the development and implementation of a system of Youth Attendance Navigators, strategically placed at multiple community sites to improve attendance among youth at risk or with chronic absenteeism. 12/9/2013 2014 City of Omaha Truancy Prevention Program Page 6 of 13 Building Bright Futures: The YAN Program- Increased Academic Success through Improved Attendance Objective 3: To re-engage an additional 50 students during the first six months of 2014 who have become disengaged from school due to attendance and other issues, resulting in a total of 250 students who have been served at the D2 Center Directions Diploma since its implementation. Objective 3 addresses youth who are served at the D2 Center, whose mission is to connect out-of-school and disengaged youth into an educational pathway with other resources and supports needed to earn a high school diploma and prepare for post-secondary opportunities and a career. Youth Attendance Navigators and Youth Academic Navigator (YANs) Six full-time Youth Attendance Navigators and one Youth Academic Navigator will be employed by community partners to work with students who have disengaged from school and/or at-risk youth who have ten absences up to and including 20 absences during the 2013- 2014 school year. They will monitor and encourage regular student attendance and provide support and interventions, as needed, to increase attendance and progress toward academic success. The YANs will provide services to youth at six targeted school sites and at BBF's D2 Center Directions Diploma: • McMillan, Monroe, and Norris Middle Schools (Three Youth Attendance Navigators -- One Youth Attendance Navigator at each middle school that will focus on students who are at-risk or have serious attendance issues and the transition of youth from 6th to 7th grade and from 8th to 9th grade.) _ 12/9/2013 2014 City of Omaha Truancy Prevention Program Page 7 of 13 Building Bright Futures: The PAIN Program- Increased Academic Success through Improved Attendance • Benson, Northwest, and South High Schools (Three Youth Attendance Navigators -- One Youth Attendance Navigator at each high school will continue efforts to support students who are at-risk or have serious attendance issues and the transition of youth into high school.) • Building Bright Futures' D2 Center I Directions Diploma (One Youth Academic Navigator will support out-of-school/disengaged youth being served by the Center.) Youth Attendance Navigators (in the School Sites) Three community partners (Completely KIDS, The Urban League of Nebraska, and The Y) will each hire one Youth Attendance Navigator to work with youth at the middle school level (Norris Middle, Monroe Middle, and McMillan Middle Schools, respectively). The Urban League will employ two additional Youth Attendance Navigators, one each to work with youth at Benson High and at Northwest High Schools. The Latino Center of the Midlands will employ one Youth Attendance Navigator to work with South High School. Training of Youth Attendance Navigators will be a partnership among the UNO Attendance Collaborative, partner organizations, schools, and existing experienced Youth Attendance Navigators, ensuring consistency in training and services provided to the YAN students and families. Follow-up meetings with YANs will provide opportunities to share best practices and successes to strengthen the program and improve program outcomes. The Youth Attendance Navigators will have specific duties and responsibilities in providing direct services to the youth. Their primary focus will be to contact youth regularly to monitor student attendance and document interactions with students. YANs in partnership with the student and family will develop a strengths-based student Action Plan that will identify goals, interventions, and resources needed for the student and family to be successful. In addition, the YANs will provide skill development sessions, Service Learning opportunities, and family and 12/9/2013 2014 City of Omaha Truancy Prevention Program Page 8 of 13 Building Bright Futures: The YAN Program- Increased Academic Success through Improved Attendance academic engagement activities in which all YAN students and families may participate. They will also communicate regularly with parents / guardians, schools, and other significant adults such as foster parents, legal guardians from Health & Human Services, probation officers, juvenile justice or court-appointed personnel, school counselors and administrators, behavioral/mental health and social service providers, or any adult who expects regular attendance and academic success for students. The Youth Attendance Navigator will partner with the School Engagement and Attendance Team at each school site to continue to enhance strategies for school engagement, referral and recruitment to the program. Youth Academic Navigator (through the D2 Center) Boys & Girls Club of the Midlands will employ one full-time equivalent Youth Academic Navigator to work with youth through the D2 Center. The D2 Center is a voluntary program that has been in operation for over two years and assisted approximately 200 youth, aged 15-21. Referrals have been made to the D2 Center from five school districts (Omaha, Ralston, Bellevue, Westside, and Papillion-LaVista), as well as the Nebraska Families Collaborative, Douglas County Juvenile Probation, Early Childhood Services Teen & Young Parent Program, Goodwill Youth Partnership Program, Gateway to College, Boys and Girls Club of the Midlands, Eastern Nebraska Community Action Partnership, Lutheran Family Services, Child Saving Institute, Visiting Nurse Association, Nebraska Children's Home Society, and current D2 Center students and parents. Applications are conducted on-line, over the phone, or in person at the D2 Center. Following application, an appointment is scheduled for the intake process at which time causes of poor attendance, lack of progress, and other barriers affecting school attendance and progress are identified. An Action Plan is created after intake that includes academic and non-academic recommendations, and a graduation goal is determined. At the Action Plan meeting, the youth meet their assigned Youth 12/9/2013 2014 City of Omaha Truancy Prevention Program Page 9 of 13 Building Bright Futures: The YAN Program - Increased Academic Success through Improved Attendance Academic Navigator. The YAN is an adult with a college degree who will advocate for and mentor the youth and will assist with the implementation of the Action Plan. For youth who may be temporarily out of school or in an alternative education pathway, earning credits is the key to getting back or staying on track to graduation. The YANs help youth focus on school attendance, grades, and earning credits. Youth who are attending school regularly, earning credits, and moving toward a diploma are less likely to be involved in crime, violence, gangs, and other negative influences in our community. Youth who are on track or getting back on track to graduation are more likely to have hope for their future. The D2 Center commitment is to support the youth all the way through high school graduation and beyond until the youth are in a post-secondary education/training program or are working. Budget Budget should reflect direct programming costs Category(see Budget Narrative) Requested Amount Match Personnel (Salaries/Benefits) $ 156,000 Other Program Direct Costs Communication Tools $ 4,000 Mileage $ 3,000 Educational Materials and Fieldtrips $ 3,000 Technology Upgrades $ 9,000 Not to exceed 10%, Other Costs: as may be requested by Administrative &Miscellaneous Costs partner organizations (maximum of$17,500) Total Program Budget Request: $ 175,000 Note: The total budget for the program is $175,000 for Direct Program Costs. Building Bright Futures will contribute up to $17,500 to support Administrative Costs incurred by provider 12/9/2013 2014 City of Omaha Truancy Prevention Program Page 10 of 13 Building Bright Futures: The YAN Program- Increased Academic Success through Improved Attendance organizations, as may be requested, in an amount not to exceed ten (10) percent of the Direct Program Costs within each provider organization's budget. Budget Narrative Please describe in one page, a clear justification of all program expenses per category. If your agency is providing a match, please indicate the match in the budget narrative. The budget reflects funds that will increase the capacity of the partner organizations to provide direct programming to youth who are at risk, have serious absenteeism, or who have disengaged from school. These services will be provided through programs in existence through high school attendance initiatives and BBF's D2 Center Directions Diploma. Funds are requested to support the salaries and benefits for six Youth Attendance Navigators and one Youth Academic Navigator. These individuals will be employed by community partner organizations to work with targeted youth at the middle school and high school levels and youth served by the BBF's D2 Center. This program's Direct Program Costs in support of the work being done with targeted youth include the following: • Salary & benefits for Youth Attendance Navigators & Youth Academic Navigator (YAN), 6 Youth Attendance and 1 Academic Navigators x $22, 286 = $156,002 • Tools to support communication between schools and families, (e.g., cell phone, newsletters, Calling Post) $4,000 • Mileage for home visits and support for youth and families (estimated at $.56/mile) $3,000 • Educational materials and fieldtrips ($500 maximum per 6 community based agencies) $3,000 • Technology upgrade for laptop (including software), color printer and printer supplies (e.g., paper, ink cartridges) to be used in maintaining student information and updates, documenting case notes, and providing handouts for YAN students and prospective YAN students ($1,500 maximum) $9,000 • Administrative Cost — MATCH up to a maximum of 10% of Direct Program Costs $17,500 12/9/2013 2014 City of Omaha Truancy Prevention Program Page 11 of 13 Building Bright Futures: The YAN Program- Increased Academic Success through Improved Attendance BBF will offer financial support to this program by paying an administrative cost to provider organizations, as may be requested, in an amount not to exceed ten (10) percent. The Sherwood Foundation is providing funds to support the operation of BBF's D2 Center Directions Diploma, including costs associated with the Youth Academic Navigator working through the D2 Center that are in excess of those costs supported by City funds. Sustainability Does your agency have a sustainability plan to continue this program? Building Bright Futures, the UNO Attendance Collaborative, and BBF's D2 Center Directions Diploma are each structured and committed to sustaining the efforts described in this proposal through June 30, 2014. The UNO Attendance Collaborative continues to identify attendance as a priority through the use of universal prevention programs for all students and the early identification of students that need further intervention services. The mission of BBF's D2 Center I Directions Diploma is to connect out-of-school and disengaged youth ages 15-21 into an educational pathway with other resources and supports needed to earn a high school diploma and prepare for post-secondary opportunities and a career. Through this program — January 1. 2014 through June 30, 2014 — it is the intent of Building Bright Futures that the UNO Attendance Collaborative and BBF's D2 Center will provide ongoing support services for Douglas and Sarpy County youth who have dropped out of school or have serious attendance issues. This proposal is structured with sustainability in the forefront, so that continuation funding through other sources can be obtained to continue the objectives of 12/9/2013 2014 City of Omaha Truancy Prevention Program Page 12 of 13 Building Bright Futures: The YAN Program - Increased Academic Success through Improved Attendance this proposed program beyond the six-month period of performance and to sustain efforts toward improved attendance and reduced absenteeism among youth in the two-county area. Submit Proposal Via Email to: Gail Braun gbraun(aci.omaha.ne.us and Barb Farho bfarho(a�ci.omaha.ne.us 12/9/2013 2014 City of Omaha Truancy Prevention Program Page 13 of 13 AGREEMENT THIS AGREEMENT is made and entered into this // day of�� p, 2014, by and between the CITY OF OMAHA, a Nebraska municipal corporation (herein referred to as "CITY") and Building Bright Futures, 1004 Farnam Street, Suite 102, Omaha,Nebraska 68102 (hereinafter referred to as "CONTRACTOR"). WHEREAS, the City of Omaha, in furtherance of its statutory authority to promote public health,welfare,and safety to its citizens and residents,has aimed to improve youth school attendance in collaboration with Building Bright Futures and the Omaha Public Schools (OPS); and, WHEREAS,the Contractor is an organization employing professional staff to provide such services to the citizens and residents of the City of Omaha with the Youth Attendance/Academic Navigator(YAN)program; and, WHEREAS, the City wishes to contract with the Contractor, as described below, to obtain the Contractor's services in the implementation of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the City and the Contractor mutually undertake and agree as follows: I. DUTIES OF THE CONTRACTOR A. The Contractor shall provide the following services and be responsible to provide project requirements as stated fully in the Proposal for the 2014 Building Bright Futures Truancy Prevention / Youth Attendance / Academic Navigator (YAN) program, along with all other obligations expressed or implied in this Agreement: The Contractor shall provide services to the residents and citizens of the City of Omaha which include improving school attendance in six pilot schools by delivering intense and targeted support to youth who are at-risk or have chronic absenteeism issues, as well as youth who are disengaged from school through the Youth Attendance/Academic Navigator(YAN)program. Building Bright Futures Personnel (salaries/benefits) $156,000 6 Youth Attendance Navigators and 1 Academic Navigator Other Program Direct Costs Communication Tools $ 4,000 Mileage $ 3,000 Educational Materials and Field Trips $ 3,000 Technology Upgrades $ 9,000 TOTAL: $175,000 B. The Contractor shall comply with all reporting, data collection and evaluation requirements,as prescribed by the City of Omaha,and submit data reports to the City on a quarterly basis as required for the life of the award and during the terms of this agreement. The Grant Award period is January 1, 2014 through June 30, 2014. The Contractor shall submit an end of the year program report describing the program activities, completion of program goals and measurable objectives, including school attendance outcomes no later than July 31, 2014. C. The Contractor will be responsible for all aspects of the project including day-to-day management of the Program. The identity of the chief executive of the Contractor and any changes thereof shall be provided to the City. D. The Contractor shall maintain an accounting system that accurately tracks income and expenditures associated with this agreement separate from other agency funds. E. 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. F. The Contractor will implement and enforce, as to its employees, a drug-free workplace policy substantiality similar to the City of Omaha's policy which is on file with the Human Resources Department. G. The Contractor will provide an executed W-9 Verification form. H. 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. 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. - 2 - II. COMPENSATION The City shall compensate the Contractor in an amount not to exceed, under any circumstances, $175,000 ("Maximum Compensation"). The City shall advance $87,500 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. Upon request for disbursement the Contractor must provide an expenditure summary of 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, Office of the Mayor, Grant Administrator, 1819 Farnam Street, Suite 300, Omaha, Nebraska 68183. A final expenditure report shall be submitted by July 31, 2014. 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 January 1,2014 and shall terminate on June 30,2014. Permissible expenditures under this grant incurred after January 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 funding agency,the Agreement shall automatically be extended to the end of the approved extension. 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 - 3 - 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. 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 - 4 - 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 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. - 5 - 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 2014 Building Bright Futures proposal and detailed budget which is attached hereto. XVI. 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: - 6 - (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 Building Bright Futures Kenneth Bird, Interim Chief Executive Officer 1004 Farnam Street, Suite 102 Omaha,Nebraska 68102 Phone: (402) 715-4168 lZ EXECUTED this I( day of r�ruQ_ , 2014. CITY OF OMAHA,NEBRASKA BUILDING BRIGHT FUTURES Gl / , �, (V+69i/� j /4 Pete Festersen, Acting Mayor ate enneth Bird ate Interim Chief Executive Officer ATTEST: .‘/‘1) aOL ster Brown, City Clerk Date APPROVED AS TO FORM: .X/2" / v29 / A sistant ity Attorney Date - 7 - Resolution by Res. that, as recommended by the Mayor,the agreement between the City of Omaha and Building Bright Futures in the amount of one hundred seventy five thousand dollars ($175,000) to provide services to the residents and the citizens of the City of Omaha, which include improving school attendance in six pilot schools by delivering intense and targeted support to youth who are at-risk or have chronic absenteeism issues, as well as youth who are disengaged from school through the Youth Attendance Navigator (YAN)program from January 1, 2014 to December 31,2014,and incorporated herein by this reference, and funding of such project in the total amount of S 175,000, is hereby approved. Further that,the Finance Director is authorized to provide payment of$175,000 from 2014 Community Services, General Fund 11111, Organization 126057, Account 461 11; and in accordance with the contract terms. P:\MYR\0066PR Presented to City Council FEB 1 1 2014 Adopted 7- �&iter gown. City Clerk