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RES 2016-1420 - Agmt with Latino Center of the Midlands to operate Pathways to Success truancy prevention project at Omaha South High magnet school ( _„) ,0,..kiv„, -ko ' A',,,, i .__ _ _. !ffiallifibt.,,e..:::,,re;" Office of the Mayor , _„^ r , r� _ 1819 barium Street,Suite 300 o 3 �� M"• ° € T ` Omaha,Nebraska 68183-0300 BOOR �` (402)444-5000 T.D FEatL�D a FAX (402)444-6059 City of Omaha Jean Stothert,Mayor Honorable President and Members of the City Council, Attached is a Resolution to approve an agreement between the City of Omaha and the Latino Center of the Midlands in the amount of $30,000 for the Pathways to Success Truancy Prevention Project at Omaha South High Magnet School, during the period of January 1, 2017 to December 31, 2017. The Pathways to Success Program will engage at-risk youth to reduce absenteeism and increase academic achievement. This contract is budgeted and payable in the amount of $30,000 from 2017 Community Services, Keno/Lottery Proceeds 12118, Organization 126057. Your favorable consideration is requested. Sincerely, Approved as to Funding: _ / / (4 / /:_ri ifl,... ----54A> 4)41.4-- g>/(4,/,q, 1-- A, bA, Jean Stothert Date Step n . Curtiss ate Mayor Finance Director Approved: / . ry K/ n er K. Danner, Jr. / Date Human Rights and Relations/Director P:\MYR\0003CA City of Omaha 2017 Community Services Revised Application Program Period: January 1 — December 31, 2017 Title Page Agency Information Agency Name: Latino Center of the Midlands Primary Contact Person: Melissa Mayo Address: 4821 S. 24th Street City: Omaha State: NE 68107 Email: mmayo(alatinocenterofthemidlands.org Phone: 402-733-2720 Program Information Program Title: Pathways to Success Truancy Reduction Project Strategic Priority Enhance public safety and the perception of safety Addressed: Amount Requested: $30,000 Brief Description of the The Pathways to Success Program serves high school students who Program: have missed 10 or more days of school during the previous academic year or who have reached this threshold during the current academic year. These youth are in danger of disengaging at school to the degree that they may drop out. The program rests on three general strategies: 1) advance academic achievement of students through regular visits and monitoring of attendance, grades and credits; 2)build positive school engagement and life skills development and 3) and supporting parental engagement. This proposal addresses the truancy reduction needs at South High School located at 4519 S.24r" Street Omaha, NE 68107. How long has the Program The Pathways to Success Program has been serving youth at South been in existence: High School for over five years, although the agency has a history of education and student support services to youth in the Omaha metro area that spans over 25 years. 08/25/2016 City of Omaha—2017 Community Service Programs Page 1 of 5 Revised Application including Budget&Budget Narrative Program Description 1. Clearly and concisely describe the overall need for the program, the strategic priority that will be addressed, and how the program will contribute to the City's efforts and strategic priorities. In early 2014,the Mayor's office developed a Strategic Plan for the City of Omaha. One of the top priorities identified was to enhance public safety and the perception of public safety. A 2015 Strategic Plan Report Card published in early January of 2016 outlined progress in those strategic initiatives. According to this report card, there have been great strides in bolstering law enforcement, its response to crime, and other public safety efforts. These are all notable accomplishments; however, this proposal squarely focuses on the prevention of young people from entering the criminal justice system. This project is aiming to affect the public safety of the City of Omaha by implementing strategies that will increase the number of youth engaged in their education and on track to graduate from high school. According to the article, -Saving Futures, Saving Dollars: The Impact of Education on Crime Reduction and Earnings", while data on the education attainment of inmates is still emerging, the most recent research available from the Bureau of Justice Statistics indicates that 67 percent of inmates in America's state prisons, 56 percent of federal inmates, and 69 percent of inmates in local jails did not complete high school (Alliance for Excellent Education, September 2013). Education is a key prevention strategy to combat criminal justice involvement and improve public safety. The target school for this proposal, South High School, has the highest enrollment in the state of Nebraska. While this is great honor for an urban school serving such a very diverse population, there are also risk factors that impact this school. South High School is also the school with the highest free and reduced lunch rate (a measure of level of poverty) and has one of the highest absenteeism rates of all secondary schools in the district(http://reportcard.education.ne.gov). The goal of the Pathways to Success Program is to reengage youth who are chronically absent to school by working to remove barriers to consistent attendance, build positive school engagement and life skills development,and provide wrap around services to the youth and their families. Funding for this project will allow for continued programming for some of the most high needs and high potential students in the school district. 2. Summarize the target audience that will benefit from the program. What age level will the program serve? How many individuals will the program serve? The target population of project is largely Latino youth in the Omaha-metro area attending South High School. These youth are identified and referred to the Pathways to Success program due to a history of chronic or excessive absenteeism. This program is a school level intervention that administration utilizes to provide support services prior to pursuing a truancy referral with the County Attorney's Office. The program serves youth across all high school grade levels where ages range from 14-19 years of age. Forty youth will be served at South High School through this project. This caseload number is capped so that consistent monitoring and support of the youth and family can be maintained with a high level of quality and individualization. 3. Clearly describe the goal, objective(s), and activities with measurable performance outcomes for the program. Program Goal: Reduce the number of students who are chronically absent to school through consistent monitoring, building positive school engagement and life skills development,and providing wrap around services for the youth and their families. 08/25/2016 City of Omaha—2017 Community Service Programs Page 2 of 5 Revised Application including Budget&Budget Narrative Program Objectives Objective 1: Identify and reduce barriers to consistent attendance for participants. Baseline: Students who have missed 10% or more of days of attendance in an academic year or are at-risk of hitting this milestone. Target: 70% of program participants will improve attendance rates to 20 days or less in an academic year. Program 1. Meet with students individually 2-4 times per month to assess their current Activities academic performance and school attendance. 2. Make appropriate referrals to academic and community supports that will address attendance barriers. 3. Facilitate monthly"lunch and learn" skill development sessions. Program 70%of previously chronically absent students will improve their attendance rates Outcomes after participation in the Pathways to Success. Objective 2: Increase student and parental engagement in the youth's education. Baseline: Students who have missed 10% or more of days of attendance in an academic year or are at-risk of hitting this milestone. Target: 80% or more of students and parents will report improved engagement with their education through the annual Student and Parent Program Surveys. Program 1. Facilitate quarterly community engagement and leadership activities. Activities: 2. Host bimonthly family nights to engage students and their families. 3. Enhance family support services through the wrap around activities of the Pathways to Success Family Strengthening Coach. 4. Host workshops during the summer recess that will build leadership and life skills development. Program 1. 80%of students will report that they have the support help they need to be Outcomes successful in school as a result of participation in the Pathways to Success Program. 2. 80%of parents/guardians will report improved engagement in their child's education as a result of participation in the Pathways to Success Program. Budget/Budget Narrative Provide a budget with computation for each expenditure line item and a detailed budget narrative with justification of the program expense under each category. If your agency is providing match, please indicate the match in the budget narrative only. PERSONNEL Name/Position Computation Cost Bilingual Student Advocate Salary $30,000 annual salary $30,000 Personnel Total: $30,000 Personnel Budget Narrative: The funds being sought in this proposal for personnel expenses totals $30,000, which is 94% of gross salary costs for the full-time bilingual Student Advocate assigned to South High School. The remainder of the Student Advocate salary, payroll taxes, and the salary expenses for the bilingual 08/25/2016 City of Omaha—2017 Community Service Programs Page 3 of 5 Revised Application including Budget&Budget Narrative Family Strengthening Coach, who works with the parent/ guardians of youth in this project, is covered through another grant and is estimated at $43,800. FRINGE BENEFITS } Name/Position 1 Computation Cost No funds for fringe benefits are N/A SO requested through this proposal $ $ ---1 Fringe Benefits Total: $0 i Fringe Benefits Budget Narrative: No funds are being sought in this proposal for fringe benefits for the full-time Bilingual Student Advocate at South High School. Matching funds estimated at $5000 will derive from another funding source to cover the fringe benefits (health, dental, life insurance) for this position. EQUIPMENT Item Computation Cost No funds for equipment is being N/A $0 requested through this proposal Equipment Total: $0 Equipment Budget Narrative: No funds are being sought in this proposal for equipment for the full-time Bilingual Student Advocate at South High School. There are no matching funds being sought, as equipment for this existing position has already been purchased. SUPPLIES Item Computation Cost No funds for supplies is being N/A $0 requested through this proposal $ $ $ Supplies Total: $ 1 Supplies Budget Narrative: No funds are being sought in this proposal for supplies and other program expenses for the full- time Bilingual Student Advocate at South High School. Matching funds estimated at $4000 will derive from another funding source to cover the program expenses needed to implement the program at South High School. 03/25/2016 City of Omaha—2017 Community Service Programs Page 4 of 5 Revised Application including Budget&Budget Narrative OTHER COSTS Description Computation Cost No funds for other costs is being N/A $0 requested through this proposal Other Costs Total: $ Other Costs Budget Narrative: No funds are being sought in this proposal for other costs for the full-time Bilingual Student Advocate at South High School. Matching funds will derive from another funding source to cover the business mileage incurred for program related activities estimated at 900 miles x $.54 business mileage rate. Total Funds Requested $ 30,000 Sustainability Funding is limited to one (1)year and the renewal of funding is not guaranteed. What is the agency's sustainability plan to continue the program? In addition to the City of Omaha, the Latino Center of the Midlands' Truancy Reduction program is also supported by the United Way of the Midlands, Sherwood Foundation, and City of Omaha Historical Grant. Continued funding is currently pending through grant proposals or will be sought from these sources to sustain the program. Another proposal is pending through the Mutual of Omaha Foundation for continued support of the Pathways to Success truancy reduction efforts and other programmatic goals such as increased family engagement and leadership development for youth. The agency is considering pursuing proposals to state and county funding sources in 2017 as school attendance and truancy efforts are priorities in the Comprehensive Juvenile Services Plan in the metro area. 08/25/2016 City of Omaha—2017 Community Service Programs Page 5 of 5 Revised Application including Budget&Budget Narrative f`1(As OR�Tep PEHHVP¢; AUDIT CERTIFICATION / Grantee Name: (fi t C�4/ ' 4�/r`/4') A/E S 11)(FK InvC d ba t_atvitte 64i t Wif //I t C Grantee Address: r Zi01 S '„ ' ! 1ca it, j1 c olio` tv Contact Name and Title: / 11,Ltfv4 LIEZ Ew2claiv2-.)irt t` Phone#: 4Q;t.-733 z,Z7 i1 Grant# (s): Tax ID : (23--72 C/ 3 j Fiscal Period End Date: f /31 '� + ifis al ar beginnings of er ►ece `li =F,20 It ou are a no F de kal enti that a ®e a ded$750 0(?.�0 ors ore m ..f s ..p'x' ,u� . y. att- , z' ",. -t -".�- ` "-` e1 s0 ;p• s ®T '' su®a Ards)anyour gani t of s °isc ears I2 In0+ + 1 "ova- ort k a e o l + a e a wire® o an a Or; sln e. rgatllzatlon ld eau t�Con+ucte r, +vaCcordan t a e provi on f�ifle cal ear a�' ngl 1 efare s enibe 0- a ou are>a ed ra entity(oth r tll Ior pra f cav me l ufit� thaf expend 0 9 1 e a® / eder 1 fr + s �e °on s ca o aurees + p s ou suh keno urg a ions cal ear � ^�y43a tea.""` -� ��� - k a oa a p/ a 1'e a ortlll + ®H / o are: a a, e a or' in -1 or tl IOW 1 0 duc + a §Q r Ce aMkC o S a_ ae a 1® e e e 0 le to rCular 33 IT l ian-cb Su elnen,—0 . d § as �- ry max. +x'r �` Yv* 3M sx7 �.r an l a ®plicah audit l e a u cf aye FF derard ards; o e gem t f a A ro e.�xt�` ..'ti - � y e l e x u i eguu /a I t or 1 a o r , u e_ep reco d o• liable forsre. ev or_udrt ro a s official '.> an`' a' �' c4_ud P Pn'� ' Ri +' a .,and 11, Gofejnment Aceountab gy0. e AO} . .. - Please complete the appropriate section below and submit the completed and signed form and required documentation within 60 days after the end of your fiscal year to: Grant Administrator,City of Omaha Office of the Mayor 1819 Farnam Street, Suite 300, Omaha, Nebraska 68183-0300 Section A: Organization subject to the requirements of OMB Circular A-133 >)C°£5 rU c:r AppL Please check one of the following and provide all appropriate documents: ❑ I hereby certify that for the fiscal year ended (date): 1.The auditor's report on financial data states that the audited information is fairly stated in all material respects; and 2. The administration of our federal projects has been audited in accordance with OMB Circular A-133 and there were no material instances of noncompliance with federal laws and regulations or reportable conditions;and 3.There were no findings of noncompliance in the audit report that are specifically related to the subrecipient award(s); and 4.Management has addressed the resolution of previous-year findings from prior audit reports if related to the subrecipient award(s). Auditor's report filed on (date). Enclosed is a copy of the audit report. IllWe have completed our OMB Circular A-133 audit for the fiscal year ended (date), and material noncompliance issues and/or reportable conditions were noted. Enclosed is a copy of the audit report and our response. ❑ We have not completed our OMB Circular A-133 audit for the fiscal year ended (date). We expect the audit to be completed by (date). Within thirty(30)days of completion of the A-133 audit we will provide a new Audit Certification along with the audit report and response(if applicable). 10/01/15 City of Omaha,Nebraska Page 1 of 2 Policies&Procedures Supporting Documentation-Audit Certification Section B: Organization subject to the requirements of Uniform Guidance: Title 2 C.F.R. 200 Subpart F 1.)c) Please check one of the following and provide all appropriate documents: ❑ I hereby certify that for the fiscal year ended (date): 1. The auditor's report on financial data states that the audited information is fairly stated in all material respects; and 2.The administration of our federal projects has been audited in accordance with the Uniform Guidance: Title 2 C.F.R 200 Subpart F and there were no material instances of noncompliance with federal laws and regulations or reportable conditions; and 3.There were no findings of noncompliance in the audit report that are specifically related to the subrecipient award(s);and 4.Management has addressed the resolution of previous-year findings from prior audit reports if related to the subrecipient award(s). Auditor's report filed on (date). Enclosed is a copy of the audit report. ❑ We have completed our A-133 audit for the fiscal year ended (date),and material noncompliance issues and/or reportable conditions were noted.Enclosed is a copy of the audit report and our response. ❑ We have not completed our A-133 audit for the fiscal year ended (date). We expect the audit to be completed by (date). Within thirty(30)days of completion of the A-133 audit we will provide a new Audit Certification along with the audit report and response(if applicable). Section C: Organization NOT subject to the requirements of OMB Circular A-133 or Title 2 C.F.R. 200 Subpart F Our organization is not subject to the requirements of OMB Circular A-133 or Title 2 C.F.R. Subpart F because we (please check one of the following): Did not expend above the minimum threshold in federal funds during the fiscal year(complete federal funds expenditure chart below). ❑ Are a for-profit organization. ❑ Are exempt for other reasons(explain): Federal Grantor Pass-through Grantor Program Name CFDA Number Expenditures ;\0 te- Total Federal Expenditures for this Fiscal Year Failure to submit this or a similar statement, or failure to submit a completed single audit package as required by the required d to may result in suspension of funding and may affect eligibility for future funding. evotwoq Ur__E21461 616W7-11/ Dik(-6W? Authori d Signature Printed Name Title 10/01/15 City of Omaha,Nebraska Page 2 of 2 Policies&Procedures Supporting Documentation—Audit Certification \i[ By City of Omaha Federal Funding Accountability and Transparency Act(FFATA) Reporting Form Business/Agency Information Legal Name Chicano Awareness Center, Inc. dba Latino Center of the Midlands Physical Address 4821 S. 24th Street Mailing Address 4821 S. 24th Street City Omaha State NE Zipcode 68107 Congressional District District 2 ,. r.."..,..«".,....a..».,._mom.................n.,,«,._.,.....,.,�.........._..�......."...e__,.,.d...�_..v__+.t.._..,....,...v�..............". 4 .,w,�.._g_....._......,:._..u.........`.�..._._.�__.......�_. ,.»._�..........,..�.e.......,..._.., Business/Agency Data Universal Numbering System(DUNS)Number 102313715 Business/Agency Annual Gross Revenue from Prior Fiscal Year Exceed 80%or More in Federal Funds Yes El NoEl Business/Agency Annual Gross Revenue from Prior Fiscal Year Equal or Exceed Ei $25 million in Federal Funds Yes ❑ No If'NO'was selected for either of the above boxes,DO NOT COMPLETE THE FOLLOWING: Business/Agency's Five(5)Highest Compensated Officers Onl coln.lete if'YES' was selected for both annual i oss revenue boxes. Name Compensation Comments: 41111 Signature of Authorized Official WZMPgMIII.,/ II Date 9/27/16 Typed/Printed Name Carolina • ezada 41111111111111111111111111 Typed/Printed Title �e Director Typed/Printed Email cquez,da@latinocenterofthemidlands.org 11/30/15 City of Omaha,Nebraska Page 1 of 1 Federal Financial Act Transparency Form AGREEMENT This Agreement is made and entered into this 1ty of Acidet, 2016, by and between the City of Omaha, a Nebraska municipal corporation (hereinafter referred to as "City") and the Latino Center of the Midlands, 4821 South 24 Street, Omaha, NE 68107 (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, wishes to contract with the Contractor, as described below,to obtain the Contractor's services in the implementation of this Grant Award; and, WHERAS, the City has set-aside funding from the 2017 Community Service allocation for the implementation of this 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 will provide the services and duties as stated more fully in the Latino Center of the Midlands 2017 Community Services Application, and any future approved budget modifications. The Contractor will operate the Pathways to Success Truancy Prevention Project at Omaha South High Magnet School to reduce absenteeism and improve academic achievement. Latino Center of the Midlands Item Computation Cost Bilingual Student Advocate Salary $31,915/year x(0.94 FTE) $30,000 Grant Award Amount: $30,000 B. 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. C. The Contractor shall maintain an accounting system that accurately tracks income and expenditures associated with this Grant Award separate from other agency funds. D. The Contractor agrees to comply with the financial and administrative requirements set forth in the City of Omaha Grants Management Handbook. E. The Contractor understands and agrees that funds may be frozen if the Contractor does not respond in a timely fashion to requests to address audit findings and financial or programmatic monitoring findings. 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 documents for a minimum of five years following the completion of this Grant Award. G. 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. H. The Contractor will provide an executed W-9 Verification foam. I. 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 \A i-w das.slate.Ile.Lis. 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. TERM This Agreement shall become effective on January 1, 2017 and shall terminate on December 31, 2017. 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 Grant Award. In the event the Contractor requires an extension to the terms of this Grant Award, requests must be submitted in writing to the City's Grant Administrator no later than 45 days prior to the end of the Award term. In the event of an extension approval, the Agreement shall automatically be extended to the end of the approved extension. III. COMPENSATION The City shall compensate the Contractor in an amount not to exceed, under any circumstances, $30,000 ("Maximum Compensation"). Following the execution of this Agreement, the Contractor must submit quarterly reimbursement requests by the due by dates outlined under IV. Reporting Requirements. Quarterly Reimbursement Requests must detail funds expended during the quarter, along with clear, concise, and detailed backup documentation supporting all expenses. Quarterly Reimbursement Requests are required even if no funds were expended during the time period. All requests for reimbursement shall be submitted electronically to the City of Omaha, Mayor's Office, Grant Administrator. Originals shall be retained in the Contractors records and made available upon request for audit purposes. Any tangible equipment purchased by the Contractor with funds pursuant to this Agreement shall be the property of the Contractor. IV. REPORTING REQUIREMENTS The Contractor shall comply with all reporting, data collection and evaluation requirements, as prescribed below and as outlined in the City of Omaha Grants Management Handbook. All reports for reimbursement shall be submitted electronically to the City of Omaha, Mayor's Office, Grant Administrator. Originals shall be retained in the Contractors records and made available upon request for audit purposes. A. Quarterly Report Filling Schedule: Programmatic performance reports, and fiscal expense and reimbursement requests are due quarterly as identified below during the term of this Grant Award. - 3 - B. Close Out Reporting: Grant Awards will only be closed out once all final documentation has been received from the Contractor and approved by the City. Final programmatic performance reports, and fiscal expense and reimbursement requests are due by the deadline identified below. Progress Report Schedule Programmatic Report Fiscal Expense& Reporting Reimbursement Requests Period Due by Date Delinquent After Due by Date Delinquent After January—March 4/30/17 4/30/17 4/30/17 4/30/17 April—June 7/30/17 7/30/17 7/30/17 7/30/17 July—September 10/30/17 10/30/17 10/30/17 10/30/17 October—December 1/30/18 1/30/18 1/30/18 1/30/18 Final Close Out 1/30/18 1/30/18 1/30/18 1/30/18 j C. Grant Award Adjustment: Grant Award funds must be used for the purposes identified in the Contractor's 2017 Community Services Application. The Contractor shall not undertake any work or activities that are not described in the Application, and that uses staff, equipment, or other goods or services paid for with Grant Award funds, without prior written approval from the City's Grant Administrator. The Contractor must submit an adjustment request to the City when any of the following will occur: the focus of the Contractor's funded Project changes; there is a change in the start or end date of the funded project; a new project director or fiscal officer is assigned to the Project by the Contractor; or a budget modification is requested by the Contractor to transfer dollars between budget line items. No budget revisions are to be made by the Contractor without prior written approval from the City's Grant Administrator. V. 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 the 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. - 4 - VI. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE During the performance of this contract,the contractor agrees as follows: 1. The Contractor shall not discriminate against any employee applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The Contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited, whether by advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, sexual orientation, gender identity or national origin, age, disability. 3. The Contractor shall send to each representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the Contractor's commitments under the equal employment opportunity clause of the City and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall furnish to the Human Rights and Relations Director all federal forms containing the information and reports required by the Federal Government for federal contracts under federal rules and regulations, including the information required by section 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the Human Rights and Relations Director shall be those which are related to paragraphs (1) through (7) of this subsection and only after reasonable notice is given the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5. The Contractor shall take such actions with respect to any subcontractor as the City may direct as a means of enforcing the provisions of paragraphs (1)through(7)herein, including penalties and sanctions for noncompliance; however, in the event the Contractor becomes involved in or is threatened with litigation as the result of such directions by the City, the City will enter into such litigation as is necessary to protect the interests of the City and to effectuate these provisions of this division; and in the case of contracts receiving federal assistance, the Contractor or the City may request the United States to enter into such litigation to protect the interests of the United States. 6. The Contractor shall file and shall cause his subcontractors, if any to file compliance reports with the Contractor in the same form and to the same extent as required by the Federal Government for federal contracts under federal rules and regulations. Such compliance reports shall be - 5 - filed with the Human Rights and Relations Director. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the Contractor and his subcontractors. 7. The Contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. VII. DEBARMENT OR SUSPENSION BY ANY FEDERAL AGENCY Office of Management and Budget (OMB)guidelines require that any individual or entity that has been placed on the Excluded Parties List System (EPLS - available for review through www.sam.gov) may not be a participant in a Federal Agency transaction that is a covered transaction or act as a principal of a person participating in one of those covered transactions. These guidelines apply to covered transactions under a grant award from any Federal agency for which a recipient expects to receive reimbursement for expenditures incurred or an advance on future expenditures. The Contractor providing goods and/or services to the City of Omaha, by acceptance and execution of this Agreement agrees, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Contractor further agrees, by accepting and executing this Grant Award, that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Contractor or any lower tier participant is unable to certify this statement, it shall attach an explanation to this Agreement. VIII. 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 - 6 - IX. CAPTIONS Captions used in this contract are for convenience and are not used in the construction of this contract. X. 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. XI. 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 Grant Award 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 Grant Award, no person having any such interest shall he employed. XII. WARRANTY AS TO COMMISSIONS The 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. XIII. 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. - 8 - XIV. 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. XV. ASSIGNMENT Neither party may assign its rights under this Agreement without the express prior written consent of the other party. XVI. CONTRACT DOCUMENTS The Contractor is responsible for review of and compliance with each of the terms of this Grant Award. The parties agree that this Agreement shall include, as if fully set forth herein, the Latino Center of the Midlands 2017 Community Services Application; FFATA Reporting Form; and Audit Certification which are attached hereto. - 9 - XVIL 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 Latino Center of the Midlands Attn: Carolina Quezada, Executive Director 4821 South 24th Street Omaha, Nebraska 68107 Contact: Melissa Mayo Phone: (402) 733-2720 EXECUTED this day of 6 7(t) ' , 2016. CITY OF OMAHA, NEBRASKA LATINO CENTER OF THE MIDLANDS Jean Stothert,Mayor Date Carolina ezada, xecutive Dire for Date ATTEST: / ./.*:240, er Brown, Cit Clerk Date APPROVED AS TO FORM: jr (7, QV /b eputy ity Attorney Date - 10 - C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the Latino Center of the Midlands, a Nebraska non-profit corporation, has signed an agreement with the City of Omaha, which is attached hereto, to provide specified services; and, • WHEREAS, pursuant to such agreement the Latino Center of the Midlands shall operate the Pathways to Success Truancy Prevention Project at Omaha South High Magnet School, during the period of January 1, 2017 to December 31, 2017; and, WHEREAS, the Mayor recommends approval of the agreement in the amount of thirty thousand dollars ($30,000)to the Latino Center of the Midlands for financial support of such activities; and, WHEREAS,funding for the agreement is budgeted in the amount of thirty thousand dollars($30,000)from 2017 Community Services,Keno/Lottery Proceeds Fund 12118,Organization 126057; and, WHEREAS, it is in the best interest of the citizens of the City of Omaha to approve the agreement; 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 the Latino Center of the Midlands in the amount of thirty thousand dollars($30,000)to operate the Pathways to Success Truancy Prevention Project at Omaha South High Magnet School from January 1, 2017 to December 31, 2017, and incorporated herein by this reference, and funding of such project, is hereby approved. FURTHER THAT, the Finance Director is authorized to provide payment of thirty thousand dollars ($30,000) from 2017 Community Services, Keno/Lottery Proceeds Fund 12118, Organization 126057; and in accordance with the contract terms. APPROVED AS TO FORM: /a-0-4 By DEPUTY CITY ATTORNEY DATE �y Councilmember Adopted OCT 1 8 2016 .... . .. . ... .. P:\MYR\0003CA City Clerk l0/,2D/�0/1 Approv /Sr _�,? Mayor NO. Resolution by Res. that, as recommended by the Mayor, the agreement between the City of Omaha and the Latino Center of the Midlands in the amount of thirty thousand dollars($30,000)to operate the Pathways to Success Truancy Prevention Project at Omaha South High Magnet School from January 1, 2017 to December 31, 2017, and incorporated herein by this reference, and funding of such project, is hereby approved. Further that,the Finance Director is authorized to provide payment of thirty thousand dollars ($30,000) from 2017 Community Services, Keno/Lottery Proceeds Fund 12118, Organization 126057; and in accordance with the contract terms. P:\MYR\0003CA Presented to City Council OCT 1 8 2016 Adopted 7-c, U?utter gown City Clerk