RES 2016-0233 - Agmt with Latino Center of the Midlands to operate pathways to success truancy prevention project C> r
7
t�,/" r� Office of the Mayor
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(402)444-5000
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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, 2016 to
December 31, 2016.
The Project will engage approximately 40 at-risk youth at Omaha South High Magnet School to
reduce absenteeism and increase academic achievement. This contract is budgeted and payable
from 2016 Community Services, General Fund 11111, Organization 126057, Account 46111.
Your favorable consideration is requested.
Sincerely, Approved as to Funding:
Jean Stothert Plate Steph Curtiss ate
Mayor Finance Director
Approved: `�
/-
Spencer . Danner, Jr.-- Date
Human Rights and Rel ions Director
P:\MYR\0165PR
City of Omaha
Request for Funding Proposal
Calendar Year 2016
Staffing Information and Requirements
Agencies receiving funding will be required to complete background checks on personnel
involved in programming. Agencies are expected to keep a copy of the background check on file
for the duration of the program.
Agency Information
Agency Name: Latino Center of the Midlands
Primary Contact Person: Melissa Mayo
Address: 4821 S. 24th Street
City: Omaha State: NE ZIP: 68107
Email: mmayo@latinocenterofthemidlands.org
Program Information
Title of Proposed Pathways to Success Truancy Prevention Project (South High
Program: School)
Program Duration: January 1, 2016—December 31, 2016
Brief Description of the The Pathways to Success Program serves high school students who
Program: have missed between 10-19 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 prevention needs at South High
School located at 4519 S. 24th Street Omaha,NE 68107.
11/24/15 2016 City of Omaha Community Services Fund Programs Page 1 of 5
Program Description
1. Clearly and concisely describe the overall need for the program and the problem to be
addressed by your program.
Chronic absenteeism is found to be one of the strongest predictors of dropping out of
high school — stronger even than suspensions and test scores. Currently, Latino youth lag
behind their Caucasian counterparts with on-time graduation rates in the Omaha Public
School system. The effects of not graduating from high school include a greater
likelihood for higher unemployment rates, lower lifetime earnings, greater need for
assistance, as well as a greater chance for incarceration. The program works with youth
to identify the barriers to their regular school attendance and connect both the youth and
family to appropriate resources to improve school attendance and on-time graduation
rates.
2. Summarize the target audience that will benefit from this program. What age level will
your program serve? Approximately how many individuals will your program serve?
Our target population is largely Latino youth in the Omaha-metro area attending South
High School. The high school aged youth span across all grade levels where ages range
from 14-18 years of age. The number of youth that will be served at South High School
will be approximately 40 youth.
3. Describe clear goal, objectives, and activities with measurable performance outcomes
for the program.
Program Goal:
Students improve their academic performance and stay on track for on-time graduation
as a result of regular school attendance.
Program Objectives
Students missing 10-19 days in the previous academic year will reduce
Objective 1: their absenteeism rate to 10 or fewer days in the current school year.
Baseline: 100% of students missed 10-19 days in the previous school year.
Target: 50% of students will reduce their absenteeism rate to 10 or fewer days by
the end of the academic year.
Objective 2: Students referred for missing 10 or more days in the current academic
year will reduce their absenteeism rate by 25% from the point of
intake.
Baseline: 100% of students referred during current academic year have accrued 10+
absences at the point of intake.
1 1/24/15 2016 City of Omaha Community Services Fund Programs Page 2 of 5
Target: 50% or more students referred during current academic year for truancy
issues, will reduce their absenteeism rate by 25% after point of intake.
Objective 3: Students will graduate on-time (4 year cohort) as a result of improved
attendance.
Baseline 17 of 18 seniors in the Pathways to Success graduated on-time (4 year
cohort) in the 2014-15 school year with a 94% success rate.
Target 100% of seniors in the program (12 of 12) will graduate on time (4 year
cohort) in the 2015-16 school year.
Program Description
Program Initiatives/Activities
Initiative 1: Provide individualized case management for all youth participants
Activity: Meet with students individually 2-4 times per month to assess their current
academic performance and school attendance.
Initiative 2: Provide ongoing activities that promote skill building and positive
school engagement
Activity: Facilitate monthly "lunch and learn" activities, quarterly community
engagement activities, bimonthly family nights, and summer workshops.
Program Outcomes
Program participants will improve school attendance rates by addressing barriers to
their consistent school attendance and issues of disengagement.
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
Description Computation Total
Student Advocate: One full-time, 61% of cost of salary, payroll taxes, $26,687.50
bilingual Student Advocate assigned to and benefits for one full-time bilingual
South High School Student Advocate ($43,750 x .61)
Personnel Subtotal: $26,687.50
11/24/15 2016 City of Omaha Community Services Fund Programs Page 3 of 5
Personnel Budget Narrative
The funds being sought in this proposal for personnel expenses totals $26,687.50, which is 61%
of total expenses for the full-time bilingual Student Advocate assigned to South High School.
These expenses include salary, payroll expenses, and fringe benefits. The remaining 39% of
personnel costs are being sought through alternate funding sources.
Budget/Budget Narrative
EQUIPMENT AND SUPPLIES
Description Computation Total
Program Activities/ Supplies $1,500 (food: lunch & learns, meals, $2,300
snacks, special events); $500
(participant materials, incentives) $300
(facilities rental — special events,
family nights)
Office Supplies j $ 100
Equipment and Supplies Subtotal: $2,400
Equipment and Supplies Budget Narrative
The total funds being sought for equipment and supplies are $2,400. The majority of supplies
relate to program activities which totals $2,300.00. These expenses include food/meals for
students and families at monthly lunch and learns, summer workshops, field trips, and
recognition events. The other program activity expenses include participant materials and
incentives ($500) as well as facilities rentals ($300) for recognition events. Office supplies are
being requested in the amount of$100.00. The incentives planned for 2015-16 are Pathways to
Success t-shirts for all students, (2) gift cards/prizes per Family Night for raffle drawings, and
incentives for monthly perfect school attendance recipients (dependent upon number of youth
recognized in the month) which can include small treats, gift cards, or a lunch outing, with an
average of$5 per recipient.
OTHER COSTS
Description Computation Total
Administrative: bookkeeping and $187.50
occupancy-related costs.
Mileage reimbursement Approx. 1,157 miles x .54 reimbursement $625.00
Postage 5 mailings x .50 x 40 $100.00
Other Costs Subtotal: $912.50
Other Costs Budget Narrative
The funds being sought from this proposal for other costs include administrative costs
(bookkeeping, occupancy) which total $187.50 and mileage reimbursement for business related
travel which totals $625.00. Postage for program mailings totals $100.00.
11/24/15 2016 City of Omaha Community Services Fund Programs Page 4 of 5
Sustainability
Does your agency have a sustainability plan to continue this program?
In addition to the City of Omaha, the Latino Center of the Midlands' (LCM) Truancy Prevention
program is also supported by the United Way of the Midlands. The agency is currently in
conversation with the United Way to collect and analyze data on the impact of its truancy
prevention programming in order to consider a possible expansion to other grade levels. The
Sherwood Foundation is currently considering a proposal by the LCM to support truancy
prevention at South High School and parental engagement activities through the LCM's
Pathways to Success program. To continue support for truancy prevention in 2016, the LCM
will also be targeting the Daugherty Foundation and the Mutual of Omaha Foundation for
continued support of the Pathways to Success truancy prevention efforts and other programmatic
goals such as increased family engagement and leadership development for youth.
Proposal Submission
Submit your proposal via email to Phil Ruhe (phil.ruhe@cityofomaha.org) and Gail Braun
(gbraun@cityofomaha.org).
11/24/15 2016 City of Omaha Community Services Fund Programs Page 5 of 5
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City of Omaha
Federal Funding Accountability and Transparency Act(FFATA) Reporting Form
Business/Agency Information
Legal Name L A,,, kop r 4e1 QN" 1--LA ctla \85
Physical Address
Mailing Address Lisa(
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City (�yv1t - - - State Zipcode
Congressional District
Business/Agency Data Universal Numbering System(DUNS)Number L .�'? 1 ' 1 5
Business/Agency Annual Gross Revenue from Prior Fiscal Year Exceed 80%or Yes v4 No
IA
More in Federal Funds
Business/Agency Annual Gross Revenue from Prior Fiscal Year Equal or Exceed Yes ❑ No
$25 million in Federal Funds
If'NO' was selected for either of the above boxes,DO NOT COMPLETE THE FOLLOWING:
Business/Agency's Five(5)Highest Compensated Officers
Only complete if'YES' was selected for both annual gross revenue boxes.
Name Compensation
Comments:
Signature of Authorized Official Date f )1 '
Typed/Printed Name 64X f,L f - ()�'Z/l J)4
Typed/Printed Title C C,()'�( \J E 'i` l R ECTu ,
Typed/Printed Email C ClitG1MIA @ L ok-- INA L cm`-v( j d.caLc r�(
11/30/15 City of Omaha,Nebraska Page 1 of 1
Federal Financial Act Transparency Form
�OM`I1xA,NP
AUDIT CERTIFICATION
Grantee Name: Latino Center of the Midlands
Grantee Address: 4821 S. 24th Street
Contact Name and Title: Carolina Quezada, Executive Director Phone#: (402)733-2720
Grant# (s): N/A Tax ID#: 23-7208431 Fiscal Period End Date: 2016
For fiscal years beginning on or after December 26,2014.,If you are a non-Federal entity that expended$750,000,ormore in"
Federal funds(from all sources including pass-through subawards)in,your organization's fiscal year(12-month turnaround reporting
period),then.you are required to arrange for a singl&organization-wide audit conducted in accordance with the provisions of Title 2
C.F.R.Sub part'F($200 500 etsseq )
For fiscal years beginning before December 26,2014 if you are a non-Federal entity(other than a for profit/commercial entity)that
expended$500,000 or more in Federal funds(from all sources including pass-through subawards)in,your organization's fiscal year
(12-month turnaround reporting period),then you are required to arrange for a single organization wide audit conducted in accordance
with the provisions of Office of Management and Budget'(OMB)Circular A-133 Compliance Supplement 2014.
If you are a non Federal entity that expended less than the applicable audit threshold a year in Federal awards,you are exempt from
Federal audit requirements for that•year,However,you must keep records that are available for review or audit by appropriate officials
including the Federal agency,pass-through entity;'and U.S. Government Accountability Office(GAO).
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: Oriianization subject to the requirements of OMB Circular A-133
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.
❑ We 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
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).
E Are a for-profit organization.
n Are exempt for other reasons (explain):
Federal Grantor Pass-through Grantor Program Name CFDA Number Expenditures
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 dud_ate\may result in suspension of funding and may affect eligibility for future funding.
.
�:._. '
.- ymo . Carolina Quezada Executive Director
Authorizgfd Sigga re Printed Name Title
Il
d
10/01/15 City of Omaha,Nebraska Page 2 of 2
Policies&Procedures Supporting Documentation—Audit Certification
AGREEMENT
This Agreement is made and entered into this day of ire , 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 24th Street,Omaha,Nebraska 68107(hereinafter referred to as"Contractor").
WHEREAS,the City has the statutory authority to contract for services benefiting the City and its
residents through organizations providing specialized and unique areas of assistance; and,
WHERAS, the City has set-aside funding from the 2016 Community Service allocation for the
implementation of this Direct Allocation 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 2016 Community Services Request for Funding Proposal,and any future approved budget
modifications.
The Contractor will operate the Pathways to Success Truancy Prevention Project at Omaha South
High Magnet School; to work with approximately 40 at-risk youth; and, reduce absenteeism and
increase academic achievement.
Latino Center of the Midlands
Item Cost
Personnel $26,688
Equipment and Supplies $ 2,400
Other Costs $ 912
Total Direct Allocation 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 have two(2)members of the Board of Directors review,on a quarterly
basis, all expenditures for the agency. This review shall include,but is not limited to, checks written for
the period, deposits, assurance of a balanced checkbook, review of the entries in the agency's ledgers and
review of the income received from the Direct Allocation Award. Documentation of such review shall be
included in the Contractor's quarterly progress report to the City.
D. The Contractor shall maintain an accounting system that accurately tracks income and
expenditures associated with this Direct Allocation Award separate from other agency funds.
E. The Contractor agrees to comply with the financial and administrative requirements set
forth in the City of Omaha Grants Management Handbook.
F. 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.
G. 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 Direct Allocation Award.
H. 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.
I. The Contractor will provide an executed W-9 Verification form.
J. The Contractor is required and hereby agrees to use a federal immigration verification
system to determine the work eligibility status of new employees physically performing services within the
State of Nebraska.A federal immigration verification system means the electronic verification of the work
authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of
1996,8 U.S.C. 1324a,known as the E-Verify Program,or an equivalent federal program designated by the
United States Department of Homeland Security or other federal agency authorized to verify the work
eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne.us.
2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements
(SAVE)Program.
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.
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II.
TERM
This Agreement shall become effective on the date of execution and shall terminate on December
31,2016. Permissible expenditures under this award incurred after January 1,2016 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
Direct Allocation Award.
In the event the Contractor requires an extension to the terms of this Direct Allocation 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 Direct
Allocation Award.
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B. Close Out Reporting: Direct Allocation 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
Reporting Programmatic Report Fiscal Expense&
Period Reimbursement Requests
Due by Date Delinquent After Due by Date Delinquent After
January—March 4/30/16 4/30/16 4/30/16 4/30/16
April—June 7/30/16 7/30/16 7/30/16 7/30/16
July—September 10/30/16 10/30/16 10/30/16 10/30/16
October—December 1/30/17 1/30/17 1/30/17 1/30/17
Final Close Out 1/30/17 1/30/17 1/30/17 1/30/17
C. Direct Allocation Award Adjustment: Direct Allocation Award funds must be used for
the purposes identified in the Contractor's 2016 Community Services Request for Funding Proposal. The
Contractor shall not undertake any work or activities that are not described in the Proposal, and that uses
staff, equipment, or other goods or services paid for with Direct Allocation 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.
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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 filed with the human
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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 Direct Allocation 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
not in the name of the City,unless otherwise provided herein.
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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 Direct Allocation 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 Direct Allocation Award,no person having
any such interest shall be 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.
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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 Direct
Allocation Award. The parties agree that this Agreement shall include,as if fully set forth herein,the Latino
Center of the Midlands 2016 Community Services Request for Funding Proposal;FFATA Reporting Form;
and Audit Certification which are attached hereto.
- 8 -
XVII.
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,Program and Evaluation Director
Phone: (402) 733-2720
EXECUTED this day of FT--; ,2016.
CITY OF OMAHA,NEBRASKA LATINO CENTER OF THE MIDLANDS
f 0/to
Jean Stothert,Mayor Da e Caro ' ueza xecuf e Director Dat
ATTEST:
c'VCA
Buster Brown,City Clerk Date
APPROVED AS TO FORM:
x /6
ity Attorney Date
- 9 -
c ZSA 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, 2016 to December 31,2016; and,
WHEREAS, the Mayor recommends approval of the agreement in the amount of
thirty thousand dollars ($30,000) the Latino Center of the Midlands for financial support of such
activities from 2016 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
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, 2016 to December 31, 2016, 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 2016 Community Services, General Fund 11111, Organization
126057, Account 46111; and in accordance with the contract terms.
APPROVED AS TO FORM:
a/94
DEP TY CITY ATTORNEY DATE
By ,S4-7-
Councilmember
P:AMYR\0165PR
Adopted FEB...2..3...21.6 9-0
City Clerk 2/,2 5�Z49/G
Appror1,._
Mayor
7
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, 2016 to December 31, 2016,
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 2016 Community Services,
General Fund 11111, Organization 126057,
Account 46111; and in accordance with the
contract terms.
P:\MYR\0165PR
Presented to City Council
FEB 232016
Adopted '7-o
euiter gown
City Clerk