RES 2000-0962 - Contract with YWCA for women against violence program L dil712-cg�c
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City of Omaha
Hal Daub,Mayor
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a contract with the Young Women's Christian
Association (YWCA) to provide services to the residents and the citizens of the City of Omaha in
accordance with their"Women Against Violence" program. The contract provides that the City shall
pay the sum of$60,000.00 to the YWCA for the intervention, advocacy and education services to
be provided in connection with that program. This cost is payable from the 2000 Omaha/Keno
Lottery Fund 120, Agency 180, Organization 1808.
The YWCA has filed the required Annual Contract Compliance Report Form(CC-1), in the Human
Relations Department; as is City policy,the Human Relations Director will review the association
to determine it's compliance with Ordinance 28885.
The Administration respectively requests your consideration and approval of this resolution and
contract.
Referred to City Council for Consideration:
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�ayor s Office/ ', D.te
Approved as to Funding: Approved:
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Stanley P. m Date Kellie Paris-Asaka Date
Acting Finance Director Human Relations Director
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CONTRACT
THIS CONTRACT is entered into by and between the CITY OF OMAHA, a
Municipal Corporation of the State of Nebraska, hereinafter referred to as "CITY," and
the YOUNG WOMENS' CHRISTIAN ASSOCIATION, a Nebraska non-profit
corporation with its principal place of business at 222 South 29th Street, Omaha,
Nebraska, 68131-3577, hereinafter referred to as "YWCA."
RECITALS
WHEREAS, CITY in furtherance of its statutory authority to promote public
health, welfare and safety of its citizens and residents, has provided intervention,
advocacy and education programs offering services to victims of sexual assault and
spousal abuse for the citizens of the City of Omaha; and,
WHEREAS, YWCA is an organization employing professional staff to provide
such services to the citizens and residents of the City of Omaha in coordination with the
"Women Against Violence"program; and,
WHEREAS, YWCA is capable and desirous of providing labor to answer
telephone calls, counsel victims and train and coordinate volunteer counselors and to
fulfill the obligations of the intervention, advocacy and education services to the City of
Omaha.
IN CONSIDERATION OF THESE FACTS, THE PARTIES AGREE AS
FOLLOWS:
I.
Duties of the City of Omaha
CITY, in fulfilling the terms and conditions of this Contract for services rendered,
agrees and covenants with YWCA to do as follows:
1. To provide YWCA with public improvement and service projects fitting within
the goals, purposes and capabilities of YWCA programs.
2. To assist in, review and monitor the activities and functions of YWCA relating to
this project.
3. To prescribe an accounting system for the expenditure of the funds dispersed
hereunder.
4. To pay YWCA for services rendered as described in this Contract.
II.
Duties of the Young Women's Christian Association
In carrying out the terms of this Contract, YWCA agrees to provide the following
services:
1. Provide necessary labor and appropriate support personnel to staff the 24 hour
hotline,provide hospital and court accompaniment and will provide counseling to
victims and the perpetrators of sexual assault, including incest, and domestic
violence; YWCA will also provide training to police and other professionals as
funding permits.
A. Meet with victims of sexual assault and domestic abuse at hospital
emergency rooms and accompany them to police interviews and to court
appearances, if desired;
B. To educate the community through presentations on the issues related to
sexual assault and spousal abuse, with special emphasis on providing
adolescents,particularly high school students, with rape prevention
information;
C. To provide staff development and training to professionals and agencies
who come in contact with victims of sexual assault and spousal abuse;
D. To collect data on the incidence of sexual assault and spousal abuse;
E. To recommend changes and improvements to the criminal statutes of
Nebraska that deal with sexual assault and spousal abuse;
F. To maintain a statistical summary of telephone calls and requests received.
2. Perform such projects within the corporate limits of Omaha and to the satisfaction
of CITY.
3. Maintain and follow the accounting system for expenditure of the funds dispersed
hereunder prescribed by the City Finance Director, including submitting any
reports or permitting any audits required by the Finance Director; and,
4. Submit to CITY a contract completion report of the activities and functions of
YWCA relating to the performance of the Contract in such form as is acceptable
to CITY. The contract completion report shall include, identified by name and
date, a complete listing of the name and address of all participants and the total
number of hours worked by the participants in each project. The contract
completion report shall be submitted to the Mayor's Office not later than
December 15, 2000.
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III.
TERM
This Contract shall have a term of January 1, 2000 through December 31, 2000.
This Contract shall be retroactive to January 1, 2000.
IV.
CONSIDERATION
During the term of this Contract, CITY agrees to pay YWCA the sum of sixty
thousand dollars, $60,000. Payment shall occur as follows: one-half of this amount
($30,000) shall be paid with the filing a report of activity occurring within the first half of
2000 due by July 15, 2000; the second half($30,000)payable upon filling, by YWCA,
and acceptance,by CITY, of the contract completion report due by January 15, 2001.
V.
PROVISIONS OF THE CONTRACT
1. Equal Employment Opportunity
YWCA has filed the required Annual Contract Compliance Report Form, CC-1,
in the Human Relations Department. Refusal by YWCA or any subcontractor to
comply with any portion of the 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 any involved contracts to
YWCA until it is determined that YWCA, or subcontractors, is in
compliance with these provisions of the Contract.
B. Refusal of all future bids or contracts with CITY or any of its departments
or divisions until such time as YWCA, or subcontractor, demonstrates that
it has established and shall carry out the policies of the program as
outlined.
2. Nondiscrimination
YWCA 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, creed, color, sex, age,political or religious affiliations, disability or national
origin.
3. CAPTIONS
All captions used in this Contract are for convenience and are not used in the
construction of this Contract.
4. APPLICABLE LAW
Parties to this Contract shall conform to all existing and applicable local
ordinances, resolutions, state laws, federal laws and all-applicable existing rules
and regulations. Nebraska law will govern the terms and the performance under
this Contract.
5. INTEREST OF THE CITY
Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha of 1956,
as amended, no elected official or any officer or employee of CITY shall have a
financial interest, direct or indirect, in any city contract. Any violation of this
section with the knowledge of the person or corporation contracting with CITY
shall render the contract voidable by the Mayor or by the City Council.
6. INTERESTS OF YWCA
YWCA covenants that it presently has no interest and shall not acquire interest,
direct or indirect,that would conflict with the performance of services required to
be provided or performed under this Contract; it further covenants that, in the
performance of this Contract, no person having any such interest shall be
employed.
7. MERGER
This Contract shall not be merged into any other oral or written contract, lease or
deed, of any kind or type.
8. MODIFICATIONS
This Contract 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.
9. APPROVAL OF AMENDMENTS
The parties hereto acknowledge that, as of the date of execution of this Contract,
Section 10-142 of the Omaha Municipal Code provides: Any amendment to
contracts or purchases which taken alone increases the original bid price as
awarded (a) by ten percent, if the original bid price is one hundred fifty thousand
dollars ($150,000) or more, or(b) by seventy-five thousand dollars ($75,000) or
more, shall be approved by the City Council in advance of the acceptance of any
purchase in excess of such limits or the authorization of any additional work in
excess of such limits. However, neither contract nor purchase amendments will
be split to avoid advance approval of the City Council.
The originally approved scope and primary features of a contract or purchase will
not be significantly revised as a result of amendments not approved in advance by
the City Council. Nothing in this section is intended to alter the authority of the
Mayor,under Section 5.16, Home Rule Charter,to approve immediate purchases.
10. ASSIGNMENT
YWCA may not assign its rights under this Contract without express prior written
consent of CITY.
11. STRICT COMPLIANCE
All provisions of this Contract and each and every document that shall be attached
shall be strictly complied with as written, and no substitution shall be made except
upon written direction from an authorized representative.
12. CODE PROVISIONS
During the term of this Contract, YWCA shall be familiar with and expressly
follow the provisions of Section 10-162, Omaha Municipal Code, and shall be
required to:
A. Maintain records and accounts, including property,personnel and financial
records as prescribed by CITY to assure an accounting of all contract
expenses;
B. Make such records and accounts available for audit purposes to the
Finance Director, or any other authorized CITY representative;
C. Retain such records and accounts for a period of five (5)years;
D. Submit a budget to CITY which shall constitute the limitations on
expenditures for each category, subcategory and line item of expense;
E. Not exceed the limitations so established and not to shift amounts among
line items without a properly executed modification to this Contract.
13. 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 Contract and for such period of any applicable
statute of limitations thereafter,the following named individuals shall be the
authorized representatives of the parties:
A. City of Omaha,Nebraska
Joseph A. Mangiamelli
Executive Assistant to the Mayor
1819 Farnam Street, Suite 300
Omaha,NE 68183
B. Young Women's Christian Association
Peg Harriott, Executive Director
222 South 29th Street
Omaha,NE 68131-3577
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Executed this �'71 day o ►/'= 2000, by the City of Omaha,
Nebraska.
CITY OF OMAHA,NEBRASKA
,Rest: r` By:
ime.„-"Pez-ci-QCP
city -
C< ACT Mayor
Approved as to form:
C29P (-6 '-vL/
Executed this ` 7*-- dayof March, 2000, byYoungWomen's Christian
Association.
YOUNG WOMEN'S
CHRISTIAN ASSOCIATION
Witness: By:
Execu i e irec or
.C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
• Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the Young Women's Christian Association(YWCA)is a Nebraska non-
profit corporation and has been allocated the sum of Sixty Thousand Dollars ($60,000.00)from the
2000 Budget for the "Women Against Violence" program, for services to be provided from
January 1, 2000, through and including December 31, 2000; and,
WHEREAS, the Mayor has recommended approval of the contract for the
intervention, advocacy, and education services to be provided by the YWCA in accordance with the
provisions of the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT,the contract with the Young Women's Christian Association and the City of
Omaha, as recommended by the Mayor and made in accordance with the provisions of Section 5.17
of the Omaha Home Rule Charter, 1956, as amended, in the amount of$60,000.00 for the Women
Against Violence program is approved, and is payable from the 2000 Omaha/Keno Lottery Fund
120, Agency 180, Organization 1808.
APPROVED AS TO FORM:
6). ( v — 3-/3-0
ASS STE'ANT CITY ATTORNEY DATE
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Adopted - /
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Approved
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