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RES 2016-0234 - Agmt with Urban League of Nebraska to operate truancy reduction program sss►►►���c Office of the Mayor C c.744°AiiriTi• —Miwor�� Illi ^ i; a y $ n p ' 1819 Farnam Street,Suite 300 ":_':ry�ro Omaha,Nebraska 68183-0300 4a (402)444-5000 D FFsat 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 Urban League of Nebraska in the amount of $90,000 for the Truancy Reduction Program, during the period of January 1, 2016 to December 31, 2016. The Truancy Reduction Program will address excessive absenteeism of at-risk youth at Monroe Middle School, Benson High School Magnet, and Omaha North High Magnet School. 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: 7.,/I 77/(../ ., (A-- i, Jean Stothert Dgte Steph n . Curtiss Date Mayor Finance Director Approved: / Spe cer K. Danner, Jr. Date Human Rights and Relati�ns Director P:\MYR\0164PR 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: Urban League of Nebraska Primary Contact Person: Thomas H. Warren, Sr. Address: 3040 Lake Street City: Omaha State: NE ZIP: 68111 Email: thomas.warren@urbanleagueneb.org Program Information Title of Proposed Truancy Reduction Program Program: Program Duration: On-going Brief Description of the The ULN Truancy Reduction Program (TRP) reengages Program: middle and high school students who have been identified as having chronic and excessive absenteeism. TRP is a court recognized diversion program aimed at improving school attendance and academic achievement. 11/24/15 2016 City of Omaha Community Services Fund Programs Page 1 of 6 Program Description 1. Clearly and concisely describe the overall need for the program and the problem to be addressed by your program. During the 2009-2010 school year, truancy referrals overloaded the Juvenile Justice system and the juvenile County Attorney's Office. Judge Elizabeth Crnkovich began holding "mass arraignments" for 450 students who had missed 20 or more school days. Students were spending a considerable amount of time prior to adjudication, waiting on evaluations and out- of-home placements. In the meantime, they were missing a significant amount of time outside of the classroom or in a learning environment. The vast number of truant students prompted the Urban League of Nebraska and many other community stakeholders — elected officials, judges, educators, social service providers, and principals — to work within a collaborative scope to address and positively impact the problem. Through this effort, the Urban League of Nebraska established a Truancy Reduction Program to administer a diversion program aimed at offering students a chance to stay out of court if they stayed in school. The program has a direct impact on improving school attendance, retention, matriculation and 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? The ULN Truancy Reduction Program (TRP)reengages middle and high school students who have been identified as experiencing chronic and excessive absenteeism. TRP is a court recognized diversion program aimed at offering students a chance to stay out of court if they stayed in school. TRP works with At-risk and High-risk Youth who range from age 12 to 18 and are residents in the Omaha-Douglas County metropolitan area and the Omaha Public Schools: A. At-risk Youth - Persons 18 or younger who are... • Low income; • Reside in high crime or poverty stricken area; • Products of teen parents or teen parents themselves; • Raised in a single parent household; and/or • Self-identify as a gang member. B. High-risk Youth - Persons 18 or younger who have been involved with the juvenile justice system. These youth have a record of poor attendance and have been or should have been reported for truancy to the Douglas County attorney for diversion. They are often poor performers and/or are academically behind due to chronic absences. The program has been implemented to assist this population in removing the barriers that cause chronic absenteeism. 11/24/15 2016 City of Omaha Community Services Fund Programs Page 2 of 6 The City of Omaha will partially fund three existing full-time Youth Attendance Navigators with one at each of the following schools: Monroe Middle School, Benson High School and Omaha North High Magnet School. Each Youth Attendance Navigator will manage a caseload of 50 students—for a total of 150 students. 3. Describe clear goal,objectives,and activities with measurable performance outcomes for the program. Program Goal: Improve school attendance and academic outcomes by providing support to the students and addressing the underlying issues that contribute to missing school. The program primarily addresses two priorities from the Comprehensive Juvenile Services Plan developed by juvenile justice agencies and stakeholders. Program Objectives Objective 1: Reduce barriers to attendance. Baseline: Students have chronic or excessive absenteeism (20 or more absences). Target: 85 percent of students will remain under 20 absences. Objective 2: Reduce incidence of youth violence and exposure to violence. Baseline: Truancy has been linked to (1) serious delinquent activity in youth and (2) significant negative behavior and other characteristics in adults. Target: 80 percent of students complete probation/diversion programs. 11/24/15 2016 City of Omaha Community Services Fund Programs Page 3 of 6 Program Description Program Initiatives/Activities Initiative 1: Individual Plan of Reengagement (IPR) is created for each student. Activity: Achieve at least one goal established in their IPR. Initiative 2: Address the unique individual needs of students. Activity: One-on-one interventions address the barriers that are affecting a student's attendance in school (safety, cultural issues, etc.) and out of school (substance abuse or domestic violence in the home). Students participate in group activities, such as workshops covering a variety of topics (financial literacy, conflict management,job readiness, etc.). Program Outcomes The number of students experiencing excessive absenteeism at participating schools will decrease by 25 percent. Students will matriculate to the next grade level or receive their high school diploma or GED. 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 I Computation Total Program Specialist Salaries $16.34/hour x 40 hours/week x 52 $90,000 weeks x 3 positions x 0.88 FTE Personnel Subtotal: $90,000 Personnel Budget Narrative Salary & Fringe: Our request is $90,000 for salaries. The salaries balance will be matched. Calculation: $16.34 is average wage per hour, 40 is average hours per week, 52 is weeks per year, and 3 is number of Program Specialists at .88 FTE to get the total $90,000 (rounding). The Program Specialists (Existing Positions) will continue case management of the program at 11/24/15 2016 City of Omaha Community Services Fund Programs Page 4 of 6 Monroe Middle School, Benson High School and Northwest High School. Budget/Budget Narrative EQUIPMENT AND SUPPLIES Description Computation Total Program Activities Supplies Telephone Printing Rental/Equipment Equipment and Supplies Subtotal: Equipment and Supplies Budget Narrative OTHER COSTS Description Computation Total Administration Support Marketing Occupancy Payment to Affiliate Organizations Professional Fees Travel Other Costs Subtotal: Other Costs Budget Narrative Sustainability Does your agency have a sustainability plan to continue this program? The Urban League of Nebraska(ULN)is providing a$75,000 match in 2015 and for 2016 to cover the salary balance and other costs associated with the program. It also has exceeded its fundraising goals for 2014 and 2015. The organization increased unrestricted giving and applied for more grant opportunities than any previous year. The ULN specifically identified funders whose missions were aligned with the Truancy Reduction Program. As stated earlier, the TRP is supplemented with $75,000 of funding from a private foundation. In addition, the program has been expanded (4 middle schools and 3 high schools total) as the ULN has demonstrated a commitment to the program. The ULN has experience with a diversity of application processes, and we utilize new tools and resources for a more efficient internal process of managing grant funds. ULN has long-time, committed and diverse funders for ULN Education and Youth Development programs. The Truancy Reduction Program is funded by a mix of family foundation, state and municipal grants. 11/24/15 2016 City of Omaha Community Services Fund Programs Page 5 of 6 Proposal Submission Submit your proposal via email to Phil Ruhe (phil.ruhe(a,cityofomaha.org) and Gail Braun (gbraun(a)cityofomaha.org). 11/24/15 2016 City of Omaha Community Services Fund Programs Page 6 of 6 �B�rED Ff.PKV*N City of Omaha Federal Funding Accountability and Transparency Act(FFATA) Reporting Form Business/Agency Information Legal Name Urban League of Nebraska, Inc Physical Address 3040 Lake Street Mailing Address 3040 Lake Street City Omaha State NE Zipcode 68111 Congressional District 2 gaa 9 Business/Agency Data Universal Numbering System(DUNS)Number r`?s7� Business/Agency Annual Gross Revenue from Prior Fiscal Year Exceed 80%or Yes ❑ No X More in Federal Funds Business/Agency Annual Gross Revenue from Prior Fiscal Year Equal or Exceed Yes ❑ No X $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 (,fir ,_ ,l, Date 2/3/16 Typed/Printed Name Thomas H. Warren, Sr. Typed/Printed Title President/CEO Typed/Printed Email Thomas.Warren@urbanleagueneb.org 11/30/15 City of Omaha,Nebraska Page 1 of 1 Federal Financial Act Transparency Form al A�TPD FN9NV�P AUDIT CERTIFICATION Grantee Name: Urban League of Nebraska,Inc _Grantee Address: 3040 Lake Street Omaha,NE 68111 Contact Name and Title: Thomas H.Warren, Sr.President/CEO Phone#: (402)453-9730 Grant# (s): Tax ID#: 47-0384575 Fiscal Period End Date: Dec 2015 For..-fiscal=years beginning on or after December,26,2014 Tf you area non Federal entity that expended$750;000 or more m Federal funds(from all sources including pass through subawards)in your orgamzation's fiscal year(12 month turnaround reporting period),then you ire required to arrangeKfor a single organization wide audit conducted i n accordance with the provisions of q itle 2 C.F.R, Subpart F G§200 500:et sect::) For fiscal years beginning beforelDecember 26,2014 if you are a non-Federal entity(other than a for p-rofit/commercaal entity)that expended$500,000 or more in Federal funds(from"all sources mcluding;pass through subawards)m your,organization's fiscal year (12 month turnaround reporting period),then you are requd t ireo arrange a for single organization-:wade auditconiucted in accordance with the provisioiisof Office.of Management and,Budget`,( )MB),rcircularA, 133 Compliance Supplement 201"4 9 s If you are anon Federal entity that expended less than the applicable audit hresholdaa year in ederal awards,you area exempt From Federal audit requirements for that year However,you must keep records that are available for revaew or auc t by appropriate�o�fflcials includin the'Federalra'enc" pass'throu h"enti , - ` `' tyi Office r.GAO x , '. „x .. . '` ' -.; _". rA g g y g ty,,,and Ua.S:Goverrment`�Accouritabili {` � ) 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: OrJanization 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: L 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): X 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 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 due date may result in suspension of funding and may affect eligibility for future funding. _ rr 61, ✓+ a— Thomas H. Warren, Sr President/CEO Authorized Signature Printed Name Title 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 thisig3'day of/ , 2016, by and between the City of Omaha,a Nebraska municipal corporation(hereinafter referred to as"City")and the Urban League of Nebraska,3040 Lake Street,Omaha,Nebraska 68111 (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: 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 Urban League of Nebraska 2016 Community Services Request for Funding Proposal, and any future approved budget modifications. The Contractor will operate a Truancy Reduction Program at Monroe Middle School,Benson High School Magnet,and Omaha North High Magnet School. Urban League of Nebraska Item Cost Personnel $90,000 Total Direct Allocation Award Amount: $90,000 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. - 7 - 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, $90,000 ("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. - 3 - 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& Reimbursement Requests Period 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. -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 filed with the human - 5 - 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. VI I. 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. - 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 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. - 7 - 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 Urban League of Nebraska 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 Urban League of Nebraska Attn: Thomas H. Warren, Sr.,President&CEO 3040 Lake Street Omaha,Nebraska 68111 Phone: (402)451-1066 EXECUTED this day of �f1 by ,2016. CITY OF OMAHA,NEBRASKA URBAN LEAGUE OF NEBRASKA .1s�� G-14444-- / 3/ (0' can Stothert,Mayor Date Thomas H. Warren, Sr., Date President& CEO ATTEST: Clerk c2'Da0 Buster Brown, ity APPROVED AS TO FORM: /G City Attorney D e - 9 - `" ZSA CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,the Urban League of Nebraska,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 Urban League of Nebraska shall operate a Truancy Reduction Program at Monroe Middle School,Benson High School Magnet,and Omaha North 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 ninety thousand dollars ($90,000) to the Urban League of Nebraska 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 Urban League of Nebraska in the amount of ninety thousand dollars ($90,000) to operate a Truancy Reduction Program at Monroe Middle School, Benson High School Magnet, and Omaha North 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 ninety thousand dollars ($90,000) from 2016 Community Services, General Fund 11111, Organization 126057, Account 46111; and in accordance with the contract terms. APPROVED AS TO FORM: • - 5 /4 EP Y CITY ATTORNEY ATE By ...I c n Councilmember P:\MYR\0164PR Adopted r 2.3..20.16. 2 City Clerk 01,3* Approve0I4-- 30 Mayor NO. ',_3.e/ Resolution by Res. that, as recommended by the Mayor, the agreement between the City of Omaha and the Urban League of Nebraska in the amount of ninety thousand dollars ($90,000) to operate a Truancy Reduction Program at Monroe Middle School, Benson High School Magnet, and Omaha North 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 ninety thousand dollars ($90,000) from 2016 Community Services, General Fund 11111, Organization 126057, Account 46111; and in accordance with the contract terms. P:\MYR\0164PR Presented to City Council FER 2..3..20.16 Adopted U,ujter^ gown City Clerk