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RES 2010-0213 - Contract with WhyArts Inc for middle school learning center initiative tAtt,l. 5, Office of the Mayor r1��C1't� 1819 Famam Street,Suite 300 2 Ai !t: 12 �ry Omaha,Nebraska 68183-0300 �OP'1'ED FEBR�r�� f .`fi` t;. x FAX: (402)444-60559 MA HA City of Omaha Jim Suttle,Mayen Honorable President and Members of the City Council, Submitted for your consideration is a Resolution approving a contract between the City of Omaha and WhyArts? Inc. in the amount of$25,620. WhyArts? Inc. will serve as a program provider for the Middle School Learning Center Initiative during the project period of January 1, 2010 to December 31, 2010. The cost of $25,620 was budgeted and is payable froth the Omaha AfterSchool/Out-of-School Program Grant 42006-JL- FX-K073, Fund 12149, Organization 130743. Your favorable consideration and adoption of this Resolution is respectfully requested. Respectfully submitted, Approved as to Funding: rutile Date Pam Spaccarotella Date '4ayor Finance Director Approved: Torn //? ))/ I e)(31/1D Marf s� G1 Date Human Rights & Re ations Director P:\myr\1027LW ve, Omaha Nebraska. These services will be for a lump sum fee of $102,500.00, including $1000.00 in reimbursables. The Finance Depaitinent is authorized to pay this cost from the 2006 Parks and Recreation Fund No. 13354 and Organization No.117314. APPROVED AS TO FORM: airli CITY ATTORNEY . -1715' :1273dk' G� p J 04, t/ C2(414,44444. By f Councilmember Adopted 421a7F.E8L.2..3.... . -.... . C• y Clerko2� S /e) Approved. ,. : •,,, ` Mayor ing to this RFP should be directed to Pat Slaven, Parks, Recreation and Public Property Department, (402) 444-3977, pslaven�a,ci.omana.ne.us plastic comb binding or 3-ring binder and printed on recycled paper (minimum 35%). Proposals submitted with comb binding will use paper for the cover and not plastic. In addition, one electronic copy (.pdf format) should be provided. 8. Provide proof of liability insurance in the amount of$1,000,000. NOTE: Fee is not a selection factor and is not to be included in the consultant's proposal. The cost, plus a fixed fee contract, will be negotiated after the consultant it selected. ewable energy sources • Energy-efficient heating and cooling system ▪ Sustainable construction materials, i.e. recycled materials • Water use efficiency • Lower operating costs Landscape architectural and engineering services will be required for the following: • Site planning and design for the new building in an environmentally sensitive manner • Restoration of areas currently occupied by the existing three structures • Drainage and utility improvements • Parking for 35 cars • Bus drop off area determined that the Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the Provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. Professional Service Agreement Page 4 of 5 ional Service Agreement Page 2 of 5 AGREEMENT This Agreement is made'and entered into this 23 1141 day of , 2010 by and between the City of Omaha, a municipal corporation (herein referred to as " City") and WhyArts? Inc., 1030 South 111 Plaza, Omaha, Nebraska 68143 (hereinafter referred to as "Contractor"). WHEREAS, the City of Omaha has received funds from the United States Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention for the Omaha's AfterSchool/Out-of-School Programs project; and, WHEREAS, the City has agreed to administer the funds for the Omaha's AfterSchool/Out-of-School Programs project (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: I. 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 and be responsible to provide project requirements as stated in the Contractor's Grant Proposal, Grant Detailed Budget as outlined below: The Contractor will utilize funds to serve as a program provider for the Middle School Learning Center Initiative (MSLCI) at the following Omaha Public Schools: Norris Middle School, Mans Magnet Middle School and Morton Magnet Middle School for the 2010 spring semester; Norris Middle School, Marrs Magnet Middle School, Morton Magnet Middle School and McMillan Magnet Middle School for the 2010 fall semester; and Mans Magnet Middle School and Morton Magnet Middle School for six weeks of 2010 summer programming. The Mayor's After School/Out-of-School Grant Award will fund the Visual Arts Activities Program in the total amount of $25,620.00 for Administration, Personnel, and Supplies. The Contractor will provide a 20% contribution in the form of an in-kind donation or cash match. The contribution must be described in the Contractor's progress reports. B. The Contractor will comply with all of the guidelines and requirements of the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention which are applicable to this Project specifically and is fully set forth herein. ctural and engineering services will be required for the following: • Site planning and design for the new building in an environmentally sensitive manner • Restoration of areas currently occupied by the existing three structures • Drainage and utility improvements • Parking for 35 cars • Bus drop off area determined that the Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the Provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. Professional Service Agreement Page 4 of 5 ional Service Agreement Page 2 of 5 C. The Contractor shall comply with all reporting, data collection and evaluation requirements, as prescribed by the Office of Juvenile Justice and Delinquency Prevention in the program guidance for the Office of Juvenile Justice and Delinquency Prevention and submit all reporting, data collection and evaluation to the City as required by the Grant program guidance for the life of the award and during the term of this Agreement. The Grant Award period is January 1, 2010 to December 31, 2010. D. The Contractor will be responsible for all aspects, including day-to-day management, of the Project. The identity of the chief executive of the Contractor and any changes thereof shall be provided to the City. 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 submit two progress reports following the completion of both the spring and fall programs on or before June 30, 2010 and January 31, 2011. Each report should include a description of the 20% contribution, a narrative of provided after school program services, accomplishments, barriers and solutions for each individual middle school to include the number of students served. II. COMPENSATION The City shall compensate the Contractor in an amount not to exceed, under any circumstances, $25,620.00 ("Maximum Compensation"). The City shall advance $12,810.00 to the Contractor contemporaneous with the execution of this Agreement. Following the execution of this Agreement and during the term of this Agreement only the City will disburse the remaining Compensation to the Contractor in one payment of$12,810.00 upon request for costs contemplated and reimbursable under the project provided that such request must be submitted by June 30, 2010. All receipts shall be maintained for a minimum of five years following the completion of the grant for auditable evidence by the Contractor. All requests for reimbursements shall be made to Gail Braun, Grant Administrator, Office of the Mayor, 1819 Farnam Street, Suite 300, Omaha,Nebraska 68183. III. • TERM This Agreement shall become effective on the date of execution and shall terminate on December 31, 2010. Permissible expenditures under this grant incurred after December 1, 2009 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 - 2 - Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the Provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. Professional Service Agreement Page 4 of 5 ional Service Agreement Page 2 of 5 event of such early termination, the Contractor shall immediately return to the City all unexpended funds advanced to the Contractor under this Agreement. IV. INDEMNITY 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 Contractor has filed the required Annual Contract Compliance Report Form, CC-1, in the Human Rights and Relations Department. 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. - 3 - ion and shall terminate on December 31, 2010. Permissible expenditures under this grant incurred after December 1, 2009 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 - 2 - Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the Provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. Professional Service Agreement Page 4 of 5 ional Service Agreement Page 2 of 5 VII. CAPTIONS Captions used in this contract are for convenience and are not used in the construction of this contract. VIII. 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. IX. 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. X. 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. XI. 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. - 4 - tractor 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. - 3 - ion and shall terminate on December 31, 2010. Permissible expenditures under this grant incurred after December 1, 2009 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 - 2 - Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the Provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. Professional Service Agreement Page 4 of 5 ional Service Agreement Page 2 of 5 XII. 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. XIII. ASSIGNMENT Neither party may assign its rights under this Agreement without the express prior written consent of the other party. XIV. 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 Contractor's Program Narrative and Budget which are attached hereto. - 5 - - �� ,. XV. 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 Jim Suttle, Mayor 1819 Farnam Street, Ste. 300 Omaha,Nebraska 68183 Contact: Gail Braun, Grant Administrator Ph: (402) 444-5286 Fax: (402) 444-6059 B. CONTRACTOR WhyArts?Inc. 1030 South 111 Plaza Omaha,Nebraska 68143 Contact: Carolyn Anderson Ph: (402) 333-4450 EXECUTED this o?,5'-4 day of � / , 2010, by the City of Omaha,Nebraska. CITY OF OMAHA,NEBRASKA: WhyArts? Inc. /-21-w ' Suttle, ayor Date Carolyn Anderson, Director Date ATTEST: Buster Brown, City Clerk Date APPROVED AS TO FORM: . e ty City Attorney Date - 6 - ing any such interest shall be employed. X. 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. XI. 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. - 4 - tractor 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. - 3 - ion and shall terminate on December 31, 2010. Permissible expenditures under this grant incurred after December 1, 2009 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 - 2 - Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the Provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. Professional Service Agreement Page 4 of 5 ional Service Agreement Page 2 of 5 M j Jle-Scho I-fie&1 1 e r 111-1 1-a I Ve R-eques# for_Fundin-g Proposal Calendar Year 2010 Cover Sheet Provider Information Provider Name: WhyArts? inc Primary Contact Person: Carolyn Anderson Address: 1030 Sou th 111 Plaza City: Omaha State: Nebraska Zip: 68143 (� v .' Phone: 402-333-4450.557-6868 Fax: 402-337-6065 Email: canderson@shf.org Organizational 501(c)3 Tax ID Number(EIN): 36-3747722 (please attach copy of IRS Determination Letter)(on record) Program Information Title of proposed program: Visual Arts Activities Total amount requested: $4210.00 for 2 sessions/week for 18 weeks/ PER SITE Estimated cost per child: $7.79/child In which middle schools would you prefer to conduct your program? (This grant will only support school based programming at the following sites during calendar year 2010) Middle Schools serving grades 5-8 o King Science Middle School (3720 Florence Blvd.) ❑XX Marrs Magnet Middle School (5619 S. 19 St.) o XX Morton Magnet Middle School (4606 Terrace Dr.) Middle Schools serving grades 7-8 o XX McMillan Magnet Middle School (3802 Redick Ave.) ❑ Monroe Middle School (5105 Bedford Ave.) o XX Norris Middle School (2235 S. 46 St.) 1 solicit or secure the Agreement upon any agreement for commission,percentage, brokerage, or contingent fee. XI. 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. - 4 - tractor 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. - 3 - ion and shall terminate on December 31, 2010. Permissible expenditures under this grant incurred after December 1, 2009 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 - 2 - Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the Provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. Professional Service Agreement Page 4 of 5 ional Service Agreement Page 2 of 5 Equipment/Supplies Please indicate what equipment or supplies you need to run your program and whether or not you will provide it. oX I will provide all equipment. o My program needs the following equipment: • If equipment is needed, please describe why it is essential. Staffing information and requirements *Agencies applying for this grant will be required to do background checks on personnel involved in MSLC programming. Agencies are expected to keep a copy of background check on file during the duration of the program and for 3 years afterwards. You may be requested to submit copies of background checks upon approval of funding. Please list the names and titles of all program instructors and substitutes. Professional Artists: Natalie Linstrom Amy Kunz Denise Chapman Gail Schriber Tom Kerr Matt Bross, Carole Waterman Jill Manhart Lisa Kalantjakos Jean Mason Laura Givens Leslie lwai Briefly describe your plan to provide a substitute if a primary instructor is absent due to an emergency or other reason. Each artist will contact the site director and provide their own substitute. In all situations, the site director will be contacted as soon as possible. Briefly describe specific youth development skills and/or experience each instructor has with middle school youth. All WhyA the MSLCI and other WhyArts? programss? artists have been working with ddle school students during our work with t . • 3 e complete and full agreement of the parties. - 4 - tractor 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. - 3 - ion and shall terminate on December 31, 2010. Permissible expenditures under this grant incurred after December 1, 2009 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 - 2 - Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the Provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. Professional Service Agreement Page 4 of 5 ional Service Agreement Page 2 of 5 What steps will you take to work toward linking the school day curriculum with your after- school programming? This is not applicableogram. How will you involve program participants' families? Artists will work with the site directors to include families family any/all demonstrations, vities being provided by the program. This can include workshops, etc. How do you know that your approach will be effective for attracting, retaining, and developing middle school youth? WhyArts? s e They haveas ben well attended ting workshops at Marrs, Norris and Morton for the past several seons and enjoyed by both the students and the artists. The Middle School Learning Center Initiative would like for or intooram providers to i toogr . do ally lly incorporate the Search Institutes 40 Development Assetsyounghelp people become Developmental Assets are positive experiences and qualities'nformation can be found atatwww search-institute.orq and caring, responsible adults. More www.omahafterschool.org. Please outline specific assets your program plans to implement. *positive adult relationships *adult role models *creative activities *personal power *self esteem *sense of purpose *positive view of personal future *high expectations Budget ar Budget should reflect programming costs for the sters and summer combined depend ngpring and fall semesters of calendar eon 2010; summer programming; or spring/fall seme provider intent. Funding is limited to: • $16,000 dollars per school for the spring 2010 and fall 2010 semesters; • $8,000 per school for 2010 summer programming only; or • $24,000 per school for the entire 2010 calendar year. The maximum amount an agency can request is $144,000 if programming is provided at all six schools for the entire calendar year. 5 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. - 3 - ion and shall terminate on December 31, 2010. Permissible expenditures under this grant incurred after December 1, 2009 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 - 2 - Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the Provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. Professional Service Agreement Page 4 of 5 ional Service Agreement Page 2 of 5 • New Applicant Section If you have not received a grant in the past for the Middle School Learning Centers, Please complete the following section: When applying to provide programming at any of our six sites rplease itain the ng agency.signature This of either the site director or the executive director of the signature will signify that you have communicated your programming ideas with the MSLC site. The following is a list of schools and coordinating agencies. King Science Middle School (3720 Florence Blvd.) Angela Reed, Site Director, angela reed ops org Shelley Henderson, Program Director, Bethesda Date Signature Marrs Magnet Middle School (5619 S. 19 St.) Shannan Garcia, Site Director, shannan garcia(c�ops.orq Penny Parker, Executive Director, Camp Fire USA Date Signature McMillan Magnet Middle School (3802 Redick Ave.) Terrance Badgett, Site Director, terrance•badg. �ett oNs.or Linda Butkus, Vice President of Operations, Y.M.C.A Date Signature Monroe Middle School (5105 Bedford Ave.) Chevist Johnson, Site Director, st ioh Ofl. r�ops.orq Courtney Carter, Program Director, Urban League of Nebraska Date Signature Morton Magnet Middle School (4606 Terrace e Dr.) Gwyn o s.or Gwyn Williams, Site Director, Nwy 9. Tom Kunkel, Director of Operations, Boys and Girls Club of the Midlands 7 amming; or spring/fall seme provider intent. Funding is limited to: • $16,000 dollars per school for the spring 2010 and fall 2010 semesters; • $8,000 per school for 2010 summer programming only; or • $24,000 per school for the entire 2010 calendar year. The maximum amount an agency can request is $144,000 if programming is provided at all six schools for the entire calendar year. 5 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. - 3 - ion and shall terminate on December 31, 2010. Permissible expenditures under this grant incurred after December 1, 2009 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 - 2 - Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the Provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. Professional Service Agreement Page 4 of 5 ional Service Agreement Page 2 of 5 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED'BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha has received funds and agreed to administer the United'States Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention for the Omaha AfterSchool/Out-of-School Programs Grant'#2006-JL-FX- K073; and, WHEREAS, attached hereto is an agreement between the City of Omaha and WhyArts? Inc. to provide certain specified services; and, WHEREAS, pursuant to such agreement WhyArts? Inc. will serve as a program provider for the Middle School Learning Center Initiative during the project period of January 1, 2010 to December 31, 2010; and, WHEREAS, the Mayor recommends approval of such agreement and allocation of $25,620 for operation support of such program from the Omaha AfterSchool/Out-of-School Program Grant#2006-JL-FX-K073, Fund 12149, Organization 130743. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor,the contract between the City of Omaha and WhyArts? Inc. in the amount of$25,620•to serve as a program provider for the Middle School Learning Center Initiative during the project period of January.1, 2010 to December 31, 2010, and incorporated herein by this reference, is hereby approved. FURTHER THAT,the Finance Director is authorized to provide payment of$25,620 from the Omaha AfterSchool/Out-of-School Program Grant #2006-JL-FX-K073, Fund 12149, Organization 130743 in accordance with the contract terms. APPROVED AS TO FORM: 014///(_ 5-10 D P TY CITY ATTORNEY DATE P:\MYR\1027LW 447:-444,024441". By Councilmember Adopted FEB 2 3 2010 City C erk " O Approved sp0/14: Mayor programming is provided at all six schools for the entire calendar year. 5 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. - 3 - ion and shall terminate on December 31, 2010. Permissible expenditures under this grant incurred after December 1, 2009 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 - 2 - Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the Provider demonstrates that he has established and shall carry out the policies of the program as herein outlined. Professional Service Agreement Page 4 of 5 ional Service Agreement Page 2 of 5 pcl wo No o Y �n ~ o ° ° { cA „1 O :° C N N n o CD `< 4 • 7� 7d . �''1. °` C4Ca Ho og o 0 N E. ro 0 `D S—. r J � o \ J p) 'r7 ° �C CD O CD Po CCD Cr n' p' 4. h. N a n o N C7 . . a '� 0 Co o co W o5. °o � °C- n CDp� thy` 5. N 0 0 CZ, p CD 5 CD ` CD `'d 4) -• CD '� oRd n r .)JN O Hoil o o O n O O d NN O N. H 2 '' 7 N ° o a r • z ,-. A' O 7d -i CD CD o ¢. CD if fully set forth herein the Contractor's Program Narrative and Budget which are attached hereto. - 5 - - �� ,.