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RES 2011-0620 - Agmt for lead-based paint hazard control work at 1820 Lothrop St 0 F 0p1AHA,NF6 r `� ��� RECEIVED Planning Department v��-�-� Omaha/Douglas Civic Center Kgr2W++N�,4, 1819 Farnam Street,Suite 1100 z ���� `F h 2.9 • Omaha, ska 68183 ®4':rlvy —� I l S ► 10 PPS .2. 9 oy. a' =�,. (402)444-5150 �ro 3 �s �y Telefax(402)444-6140 Q�TFD PEBR�r� �+! � i �a��v. 'i FY a .� E ;S F R.E.Cunningham,RA,F.SAME City of Omaha 'F Director Jim Suttle,Mayor May 17, 2011 Honorable President and Members of the City Council, The attached Resolution approves a grant agreement for a lead-based paint hazard control project at the property at 1820 Lothrop Street, Omaha, NE 68110; Doris M. W. Baymon, owner. The agreement provides funding from the Lead-based Paint Hazard Control funds. The contractor is Cherek's Home Repair. The Planning Department Financing Guidelines for the Lead-based Paint Hazard Control Program provides up to $30,000.00 per single-family home. This single-family home was . competitively bid with the lowest bid received at $27,915.00. The Planning Department believes this bid is reasonable for the lead-based paint hazard control work on this property based on the certified cost estimate and the bids received. The Baymon's's total household income is 28.88% of Median Income by Family Size as established by the Department of Housing and Urban Development. This household includes one child under the age of six. The project funding is comprised of$27,915.00 from the Lead- based Paint Hazard Control Program. These funds shall be paid from FY 2011 Lead-based Paint Hazard Control Program Fund No. 12136, Organization No. 128104: The rehabilitation of this single-family home meets the requirements of the Lead-based Paint Hazard Control Program, and is consistent with the HUD Lead-based Paint Hazard Control Grant Award No. NELHB0479-10, approved on March 8, 2011 by City Council Resolution No. 248. r, Omaha,NE. 'Love 4 Sale."(2004) Bemis Center for Contemporary Art, Omaha, NE. `Black History Month Exhibition." (2003) Two person show. Haydon Art Gallery,Lincoln, NE. `Summer Invited Group Show."(2003) Haydon Art Gallery, Lincoln, NE. 'Jam Packed and Jelly Tight."(2001)J. Doe Exhibit, Hot Shops Art Center, Omaha,NE. SERVICE ACTIVITIES Profession Omaha Black Arts Council, founding member. (2008-present) College-ArtAssociation-Committee-on-Diversity-P-ractices;member-.(1996-2000,2009-2012)- Multicultural Grant Reviewer,Nebraska Arts Council. (2004-present) Juror, Omaha Summer Arts Festival. (2000, 2005) Advocacy Team member, College Art Association. (1996-2000) d architecture from the Renaissance to the 20th Century. Peru State College FREQUENT COURSES A-r-t-History a-survey-class for-artmajors-seeking-to-understand-visual-culture-and learn about the diverse people and cultures that created individual works of art through the study of the art itself. Figure Drawing, an exploration of the measurable properties (structural and anatomical factors) along with the dynamic properties (design and expressive factors) of the human figure. T s necasary. F. Warranty— • (I) EXCEPT AS SPECIFIED ItEREIN,THE COMPANY DISCLAIMS AI A.WARRANTIES,EXPRESSEI)OR.IMPLIED WMI REGARD TO THE MATERIALS PROVIDED HEREUNDER,INCLUDING ALL WARRANTIES OF MERCHATABILITY AND FITNES.'S FOR IFTFENDEI)USE ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. (2) CUSTOMER AGREES THAT THE COMPANY WILL NO'!BE LIABLE FOR ANY SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY NATURE,INCLUDING BUT NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. Honorable President and Members of the City Council Page 2 The Contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Rights and Relations Department will review the Contractor to ensure compliance with the Contract Compliance Ordinance. Your favorable consideration of this Resolution will be appreciated. Sincerely, Referred to City Council for Consideration: ,„(i7 Oft ,5":" Zo . . Cunning ' • 'AME pate Mayor's f ice Date Planning Dir- tor Approved as to Funding: Approved: " ‘,.__YD)/n Pam Spaccarotella Date Tom Marfisi Date Finance Director Human Rights and Relations Director Plnlsf1524-cover letter Jim Suttle, Mayor City of Omaha IS:\LAW-COUNCIL DOCUMENTS\2011\20030v1j elle Peters k. GRANT AGREEMENT THIS AGREEMENT is entered into by and between the CITY OF OMAHA, a Municipal Corporation of the Metropolitan class in the State of Nebraska(hereinafter referred to as CITY)and, Doris M. W. Baymon hereinafter referred to as OWNER(S). WITNESSETH: WHEREAS, the OWNER(S) is the sole owner of a certain property located at 1820 Lothrop Street and legally described as follows, to wit: Lot 8, Block 26, Kountze Place, an addition to the City of Omaha, as surveyed, platted and recorded in Douglas County,Nebraska (commonly known as 1820 Lothrop Street). (hereinafter referred to as the PROPERTY); and, WHEREAS, the CITY has received Lead-based Paint Hazard Control Program funds awarded to the City from the United States Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control; and, WHEREAS, the City has received Lead-based Paint Hazard Control Program funds awarded to the City in Nebraska Revised Statues 66-1519 2 (i) through the Nebraska Department of Environmental Quality (NDEQ) to carry out the Federal Residential Lead-based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4851 et seq.; and, WHEREAS, the City has received State of Nebraska Affordable Housing Trust Fund Program funds awarded to the City by the State of Nebraska Department of Economic Development; and, WHEREAS, the City receives funds pursuant to an Agreement with the United States Department of Housing and Urban Development, pursuant to the Housing and Community Development Act of 1974, Title I; and, WHEREAS, funds from various sources may be combined in one project; and, WHEREAS, the OWNER(S) desire to use a portion of such funds for the purpose of controlling lead- based paint hazards in the PROPERTY; and, WHEREAS, the parties wish to agree upon the terms and conditions that the OWNER(S) must abide to having accepted a grant of such funds for lead-based paint hazard control. -1- OPPORTUNITY Revised and approved 7/16/2010 and is consistent with the HUD Lead-based Paint Hazard Control Grant Award No. NELHB0479-10, approved on March 8, 2011 by City Council Resolution No. 248. r, Omaha,NE. 'Love 4 Sale."(2004) Bemis Center for Contemporary Art, Omaha, NE. `Black History Month Exhibition." (2003) Two person show. Haydon Art Gallery,Lincoln, NE. `Summer Invited Group Show."(2003) Haydon Art Gallery, Lincoln, NE. 'Jam Packed and Jelly Tight."(2001)J. Doe Exhibit, Hot Shops Art Center, Omaha,NE. SERVICE ACTIVITIES Profession Omaha Black Arts Council, founding member. (2008-present) College-ArtAssociation-Committee-on-Diversity-P-ractices;member-.(1996-2000,2009-2012)- Multicultural Grant Reviewer,Nebraska Arts Council. (2004-present) Juror, Omaha Summer Arts Festival. (2000, 2005) Advocacy Team member, College Art Association. (1996-2000) d architecture from the Renaissance to the 20th Century. Peru State College FREQUENT COURSES A-r-t-History a-survey-class for-artmajors-seeking-to-understand-visual-culture-and learn about the diverse people and cultures that created individual works of art through the study of the art itself. Figure Drawing, an exploration of the measurable properties (structural and anatomical factors) along with the dynamic properties (design and expressive factors) of the human figure. T s necasary. F. Warranty— • (I) EXCEPT AS SPECIFIED ItEREIN,THE COMPANY DISCLAIMS AI A.WARRANTIES,EXPRESSEI)OR.IMPLIED WMI REGARD TO THE MATERIALS PROVIDED HEREUNDER,INCLUDING ALL WARRANTIES OF MERCHATABILITY AND FITNES.'S FOR IFTFENDEI)USE ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. (2) CUSTOMER AGREES THAT THE COMPANY WILL NO'!BE LIABLE FOR ANY SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY NATURE,INCLUDING BUT NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. In consideration of the mutual agreements herein contained,the parties hereto agree as follows: Section 1. The following terms shall have the following meaning for all purposes in this Agreement: a. "Construction Contract" shall mean the contract for certain construction work at the property as follows: Contractor: Cherek's Home Repair Date Contractor Signed: April 21,2011 LHC File No.: 10-NELHB/279 HCD File No: N/A b. "Contractor"shall mean the contractor party to the construction contract. c. "Director" shall mean the Director of the City of Omaha Planning Department, or his/her designated representative. d. "Dwelling" shall mean the dwelling structure upon which the lead-based paint hazard control work is being performed. e. "Housing Ordinances" shall mean any health, safety or minimum dwelling standard ordinance applicable to the premises. f. "Premises" shall mean the property dwelling and structures thereon. g. "Lead-based Paint Hazard Control Work" shall mean the Lead-based paint hazard control work agreed upon in the construction contract. h. "HUD" shall mean the U. S. Department of Housing and Urban Development. Section 2. The CITY agrees to grant the OWNER(S) the sum of Twenty-Seven Thousand Nine-Hundred Fifteen Dollars and 00/100-- ($27,915.00) or the actual funds disbursed as shown on the HCD Loan Program Disposition of Funds Statement, provided that: a. the proceeds from this grant shall be paid-in-full to the Contractor when the City issues a certificate of completion pursuant to the construction contract and the City certifies that lead dust wipe samples have met clearance standards in accordance with HUD regulations; and b. the construction contract and any change thereto shall be first approved by the Director. c. in the event that Lead-based Paint Hazard Control Funds are not available, the Director may substitute Other Funds that may be available for the completion of the project. Section 3. This grant to the OWNER(s) shall be provided from various funding sources in the following combination: Lead-based Paint Hazard Control Funds $27,915.00 State of Nebraska NDEQ Funds $0.00 State of Nebraska Affordable Housing Trust Funds (N/A ) $0.00 Community Development Block Grant Funds $0.00 Other Funds N/A $0.00 Total amount $27,915.00 Section 4. The OWNER(S)authorizes the CITY to make grant payments directly to the Contractor. Section 5. The OWNER(S)shall: a. own the premises and reside at the premises for a term of at least thirty-six (36) months. The thirty-six(36)month term shall begin the date of closing for this grant; and, b. only use the grant for the lead-based paint hazard control work if applicable; and, c. maintain the premises in a safe and sanitary condition, conform to CITY housing and zoning ordinances and not commit waste; and, d. keep the property taxes current during the 36-month term the OWNER is required to own the dwelling; and e. arrange for blood lead level testing before construction for all children under age six residing in or spending at least 12 hours per week at the premises; and, f. participate in one-on-one training on lead safe maintenance practices provided by the Planning Department or other approved training; and, -2- Revised and approved 4/12/2011 THE MATERIALS PROVIDED HEREUNDER,INCLUDING ALL WARRANTIES OF MERCHATABILITY AND FITNES.'S FOR IFTFENDEI)USE ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. (2) CUSTOMER AGREES THAT THE COMPANY WILL NO'!BE LIABLE FOR ANY SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY NATURE,INCLUDING BUT NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. g. continue lead-based paint hazard control maintenance practices after the project is complete. Section 6. The OWNER(S) shall pay any and all delinquent taxes on the above-described property prior to the date of this Agreement. Section 7. The OWNER(S)agree, and the CITY state that the CITY: a. is not acting as the OWNER'S architect or engineer; and, b. makes no warranties, express or implied, as to the lead-based paint hazard control work; and, c. owes no duty to the OWNER(S) or any other person that shall arise because of any inspection of the premises by the City's employees; and, d. may inspect the premises at reasonable times; and, e. is held harmless for all injury and damages arising by virtue of this Agreement. Section 8. Either party may pursue any remedy to enforce this contract at law or equity; except in the event of a breach of Section 5(a), (e) or (f) herein, the CITY shall be limited to having no further obligation to disperse remaining grant sums and shall be reimbursed by the OWNER(S) a sum equal to 1/36 of the grant for each remaining month of the thirty-six month term, provided that the reimbursed sum shall not exceed the sum previously dispersed from the grant. In the event of default, gross negligence or other substantial noncompliance by the OWNER, the outstanding amount of the grant at the time of default shall be due and payable immediately from the OWNER(S), its successors and assigns to the City. Section 9. This Agreement is not assignable without prior written consent of the CITY. Attestation of Citizenship. To comply with Neb. Rev. Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the requirements of 5.06.7.1 and 5.06.7.2. The Developer/Owner/Subrecipient shall include the following language in all contracts and subcontracts for the physical performance of services: "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.0 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: a) The Contractor must complete the United States Citizenship Attestation form available on the Department of Administrative Services website at www.das.state.ne.us. b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. (SAVE) c) 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." The Developer/Owner/Subrecipient shall have each adult member of the household applying for a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. Section 11. Employee Classification Act. To comply with the Nebraska Employee Classification Act, all general contractors and subcontractors who perform construction or delivery service pursuant to this contract shall submit to the City an Affidavit for Employee Classification Act(Exhibit "B") attesting that (1) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act:"), (2) such contractor has completed a federal I-9 immigration form and has such form on file for each employee performing services, (3) such contractor has complied with Neb. Rev. Stat Section 4-114 (federal immigration verification system), (4) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and (5) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. The contractor shall follow the provisions of the Act. A violation of the Act by a contractor is grounds for rescission of the contract by the City. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) -4- Revised and approved 4/12/2011 igence or other substantial noncompliance by the OWNER, the outstanding amount of the grant at the time of default shall be due and payable immediately from the OWNER(S), its successors and assigns to the City. Section 9. This Agreement is not assignable without prior written consent of the CITY. Attestation of Citizenship. To comply with Neb. Rev. Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the requirements of 5.06.7.1 and 5.06.7.2. The Developer/Owner/Subrecipient shall include the following language in all contracts and subcontracts for the physical performance of services: "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.0 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: a) The Contractor must complete the United States Citizenship Attestation form available on the Department of Administrative Services website at www.das.state.ne.us. b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. (SAVE) c) 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." The Developer/Owner/Subrecipient shall have each adult member of the household applying for a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. • Section 12. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the CITY shall have a financial interest, direct or indirect, in any CITY Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the CITY shall render the contract voidable by the Mayor or Council. Doris M. W. Baymot,Owner Date Date Date Date STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) On this a9 day of/9fo J , 20 1/ A.D., before me,, b)C e Pi , Seic t S , a Notary Public in and for said County, personally came Doris M. W. Baymon, personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and she acknowledged the said instrument and the execution thereof to be her voluntary act and deed, for the purposes therein expressed. In testimony whereof, I have hereunto set my hand and affixed by my Notary Seal at Omaha, Nebraska on the day and date last above written. eau 07r o Public My Commission expires � , 20/r. GENERAL NOTARY•State of Nebraska l JOYCE M.STEVENS My comm.Exp.July 29,2014 ATTEST` CITY OF OMAHA, A Municipal Corporation _ a v O _ A1' City..Clerk of the City of Omaha Date May• f,-, the CI o Omaha APPROVED AS TO FORM: Yeezt. Assistant City Attorney Date _5_ Revised and approved 4/12/2011 . Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the requirements of 5.06.7.1 and 5.06.7.2. The Developer/Owner/Subrecipient shall include the following language in all contracts and subcontracts for the physical performance of services: "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.0 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: a) The Contractor must complete the United States Citizenship Attestation form available on the Department of Administrative Services website at www.das.state.ne.us. b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. (SAVE) c) 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." The Developer/Owner/Subrecipient shall have each adult member of the household applying for a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. • REHABILITATION CONTRACT Loan Number: 10-NELHB/279 This Contract is between Doris M. W. Baymon (Owner's Name) of 1820 Lothrop Street , Omaha,Nebraska 68110 (Owner's Address) (City and State) (referred to herein as the "Owner" and Cherek's Home Repair (Contractor's Name) of 10224 Weir Street , Omaha, Nebraska 68127 (Contractor's Address) (City and State) a Sole Proprietorship (referred to herein as the "Contractor") warranting itself to be licensed, and/or bonded (if applicable) and qualified to perform the work specified herein. This contract is for the rehabilitation of property located at at 1820 Lothrop Street , Omaha, Nebraska 68110 (Property Address) (City and State) (herein after referred to as the "Property"). IN CONSIDERATION OF THEIR MUTUAL PROMISES, THE PARTIES AGREE AS FOLLOWS: PART I - SPECIFIC TERMS 1. EFFECTIVE DATE: This document shall have no force or effect unless and until executed by the Owner and the Contractor, and approved by the City of Omaha, (referred to herein as the "City"), and unless and until a properly executed and approved copy is delivered to the Contractor. The date on which the copy is received shall be referred to as the "Effective date." If a properly executed and approved copy of the Contract is not delivered to the Contractor on or before, 36A t 21 , 2011 , (date equal to sixty (60) Date) Revised and approved 8/4/2010 - 1 - Attorney Date _5_ Revised and approved 4/12/2011 . Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the requirements of 5.06.7.1 and 5.06.7.2. The Developer/Owner/Subrecipient shall include the following language in all contracts and subcontracts for the physical performance of services: "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.0 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: a) The Contractor must complete the United States Citizenship Attestation form available on the Department of Administrative Services website at www.das.state.ne.us. b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. 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. (SAVE) c) 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." The Developer/Owner/Subrecipient shall have each adult member of the household applying for a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. days from date that the Contractor signs this contract), the Contractor may refuse to be bound by the terms of this Contract. If, however, a properly executed and approved copy of this Contract is delivered after the above date and the Contractor subsequently performs work or delivers materials to the Property, the Contractor shall be bound by the contract. For the purposes of this paragraph, a copy of this Contract shall be deemed to have been delivered to and received by the Contractor upon mailing by the City to the Contractor's address shown above. The Contractor shall not be compensated under this Contract for work commenced or materials delivered to the Property before the Effective Date. 2. THE CONTRACT: This Contract consists only of this Part 1 (Specific Terms) and the following attachments: A. Schedule of Work (work write-up dated March 1, 2011); B. Other, (identify) (1) Part II - STANDARD TERMS '2) Section 3 Clause (3) City of Omaha Contract Compliance Ordinance (4) Change Order and/or Addendum (if applicable) 3. TIME FOR COMMENCEMENT AND COMPLETION. The Contractor agrees to complete, free of liens or rights of liens of contractors, mechanics, suppliers, or laborers, all work listed in the Schedule of Work by the completion date indicated on the Proceed Order, subject to extensions approved by the Owner(s) and the City for the period of any excusable delays (including strikes, acts of God, or any other reasons beyond the control of the Owner(s) or Contractor). The Contractor agrees that time is of the essence in this Contract. 4. CONTRACT PRICE: The Contractor agrees to accomplish work as described in the Schedule of Work in accordance with each and every term and condition of this Contract, for a total contract price of$27,915.00. The price of specific items of work is stated in the Schedule of Work. 5. PROGRESS PAYMENTS: The Contractor agrees that the total contract price shall be paid in one or more progress payments, based on the value of the work completed at the time the progress payment request is made. Should any work for which payment is requested, not be completed, be completed incorrectly, or not be done in a high quality workmanlike manner, the amount of such work shall be deducted from the payment request. Payment for any work so deducted may be requested on future requests for payment; provided, said work has been satisfactorily completed and the reason for the initial denial of payment no longer exists. Partial lien waivers from general contractor shall be provided with each progress payment requested. Progress payments will be made up to and including 90% of the value of the work completed. Any further payment would be made when project is 100% complete. In the case of inclement weather or any other factor that the City determines that will prevent project completion, the Contractor will be paid based on the actual amount of work completed. Final Revised and approved 8/4/2010 -2 - ired to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements SAVE Program. (SAVE) c) 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." The Developer/Owner/Subrecipient shall have each adult member of the household applying for a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. lien waivers shall be presented from the general contractor at the time the request for final payment is made. Such progress payments shall be disbursed at the request of the Owner(s), after inspection and approval of the work by the Owner(s) and the City. Final payment shall.be due upon satisfactory completion and acceptance of work as being in compliance with this Contract by the Owner and the City, permit sign-off (if applicable), submission of satisfactory waiver(s) of liens, or a bond satisfactory to the Owner and the City indemnifying the Owner against any lien, and the submission.of all warranties and guarantees to the Owner through the City. The Owner shall not withhold payment to the Contractor except for non-compliance with the terms of this Contract, and SHALL NOT REQUEST THE CONTRACTOR TO PERFORM WORK OUTSIDE THE SCOPE OF THIS CONTRACT AS A CONDITION OF RECEIVING PAYMENT. Any work completed that is not in compliance with the items set out in the Schedule of Work will not be paid for out of. the rehabilitation funds unless said additions/deletions/changes have been authorized by a written and approved change order executed by all parties PRIOR TO the commencement of such work. Payment for any work completed without a written and approved change order is the sole responsibility of the Owner and/or the Contractor. The Contractor shall not refuse to complete the work set forth in the Schedule of Work because of any dispute between himself/herself and the Owner relative to work contracted "on the outside" or outside the scope of work as set forth above. The Contractor acknowledges that it is a material breach of this Contract to request or accept a progress or final payment which is in excess of the price of the work completed at the time such payment is requested. 6. WARRANT: The Contractor warrants that all improvements, hardware, and fixtures of whatever kind of nature to be installed or constructed on the Property by the Contractor or the Contractor's sub-contractors will be of good quality, suitable for their purpose, and free from defects in workmanship or materials or other deficiencies. This is a full warranty extending to the Owner and subsequent Owners of the Property; provided, however, that warranty set forth in this paragraph shall apply only to the deficiencies and defects about which the Owner or subsequent Owner(s) shall have notified the Contractor at the address stated above WITHIN ONE YEAR, except for any longer warranty periods specified in the warranty. (Note: Contractor to supply extended warranty documents to homeowner(s) at the time of final inspection) 7. ATTESTATION OF CITIZENSHIP. To comply with Neb. Rev. Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the following requirements: A. The Developer/Owner/Subrecipient shall include the following language in all contracts and subcontracts for the physical performance of services: "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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. 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 U.S. 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." 8. EMPLOYEE CLASSIFICATION ACT. To comply with the Nebraska Employee Classification Act, each contractor who performs construction or delivery service pursuant to this contract shall submit to the City an Affidavit For Employee Classification Act (Exhibit 1) attesting that (1) each individual performing services .for such contractor is properly classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act"), (2) such contractor has completed a federal I-9 immigration form and has such form on file for each employee performing services, (3) such contractor has complied with Neb. Rev. Stat. Section 4-114 (federal immigration verification system), (4) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and (5) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. The contractor shall follow the provisions of the Act. A violation of the Act by a contractor is grounds for rescission of the contract by the City. • Revised and approved 8/4/2010 -4 - about which the Owner or subsequent Owner(s) shall have notified the Contractor at the address stated above WITHIN ONE YEAR, except for any longer warranty periods specified in the warranty. (Note: Contractor to supply extended warranty documents to homeowner(s) at the time of final inspection) 7. ATTESTATION OF CITIZENSHIP. To comply with Neb. Rev. Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the following requirements: A. The Developer/Owner/Subrecipient shall include the following language in all contracts and subcontracts for the physical performance of services: "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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. 9. PARTIES TO CONTRACT: The OWNER and CONTRACTOR agree that they are the sole parties to this Contract and are solely responsible for its performance. The parties agree that neither the City nor the United States Department of Housing and Urban Development (HUD) assumes any liability or responsibility whatsoever for the performance of any terms of this Contract. 3 f '/ Owner: Doris M. W. Baymon Date Owner: Date Owner: Date Owner: Date Owner: Date Owner: Date / (//iess Date Cherek's Home Repair Contractor ' V-2i-if BBarb4Cherek Date TITLE: Authorized Representative (i)L .„Ltiv:„jc3 '1• 21'11 itness Date Approved by the City on Ape I I 2q , 20 ii , J_- ame: James R. Thele TITLE: Assistant Planning Director Mailed to CONTRACTOR, and Effective on 3/ , 201/ Revised and approved 8/4/20/0 -5 - e Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. 4-108." 8. EMPLOYEE CLASSIFICATION ACT. To comply with the Nebraska Employee Classification Act, each contractor who performs construction or delivery service pursuant to this contract shall submit to the City an Affidavit For Employee Classification Act (Exhibit 1) attesting that (1) each individual performing services .for such contractor is properly classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act"), (2) such contractor has completed a federal I-9 immigration form and has such form on file for each employee performing services, (3) such contractor has complied with Neb. Rev. Stat. Section 4-114 (federal immigration verification system), (4) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and (5) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. The contractor shall follow the provisions of the Act. A violation of the Act by a contractor is grounds for rescission of the contract by the City. • Revised and approved 8/4/2010 -4 - about which the Owner or subsequent Owner(s) shall have notified the Contractor at the address stated above WITHIN ONE YEAR, except for any longer warranty periods specified in the warranty. (Note: Contractor to supply extended warranty documents to homeowner(s) at the time of final inspection) 7. ATTESTATION OF CITIZENSHIP. To comply with Neb. Rev. Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the following requirements: A. The Developer/Owner/Subrecipient shall include the following language in all contracts and subcontracts for the physical performance of services: "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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. PART II STANDARD TERMS 1. INSURANCE: During the continuance of the work under this Contract, the Contractor and all subcontractors (as applicable) shall: A. Maintain, at a minimum, the applicable following classes of coverage which will provide, at a minimum, the following amount of coverage: (1) No bid bond or performance bond will be required for a Rehabilitation Contract in an amount less than the Federal Government's small purchase threshold under OMB Circular A-110, currently at $100,000. On a case- by-case basis the Director of the Planning Department can require a bond if it is in the best interest of the Federal Government and the City of Omaha. The contractor must be on the Planning Department approved contractors list. (2) Contractor's Personal Liability $1,000,000 (3) Combined Bodily Injury and Property Damage $2,000,000 (1,000,000 per occurrence) (4) Product, Including Completed Operations $1,000,000 (5) Workers' Compensation These coverages are required to protect the Contractor and the Owner from any liability or damage from injury to, or death of, any of their employees, other persons, or property wherever located, resulting from any action or operation under this Contract, or in connection with the work including liability or damage which may arise by virtue of any statute or law in force or which may hereinafter be enacted. The Contractor agrees to provide evidence to the Owner through the City of such insurance prior to the commencement of the work. Failure to provide adequate evidence of insurance, or failure to maintain the insurance as required by this paragraph, shall be grounds for terminating this Contract at the option of the Owner. The City of Omaha shall be named insured on all comprehensive liability insurance policies. 2. CONTRACT COMPLIANCE CLAUSE: Sec. 10-192. Equal employment opportunity clause. All contracts hereafter entered into by the City shall incorporate an equal employment opportunity clause, which shall read as follows: During the performance of this contract, the Contractor agrees as follows: Revised and approved 8/4/2010 - 6- Revised and approved 8/4/2010 -4 - about which the Owner or subsequent Owner(s) shall have notified the Contractor at the address stated above WITHIN ONE YEAR, except for any longer warranty periods specified in the warranty. (Note: Contractor to supply extended warranty documents to homeowner(s) at the time of final inspection) 7. ATTESTATION OF CITIZENSHIP. To comply with Neb. Rev. Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the following requirements: A. The Developer/Owner/Subrecipient shall include the following language in all contracts and subcontracts for the physical performance of services: "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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. A The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, age, 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. B 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, age, disability or national origin. 3. ASSIGNMENT: The Contractor agrees-not to assign this Contract without written consent of the Owner and written concurrence by the City. 4. CHANGE ORDERS: The Contractor agrees not to make any changes to the Schedule of Work or the Specifications, whether or not requested to do so by the Owner, without a written change order executed by all parties prior to the commencement of the work. A written and executed change order is required even if the modification involves no change in the dollar amount of the Contract. 5. PERMITS AND CODES: The Contractor agrees to secure and pay for all applicable and necessary permits and licenses required for the Contractor's performance of this Contract in compliance with applicable requirements, including local building and housing codes where applicable; whether or not covered by the specifications and drawings for the work, and further agrees to perform all work in conformance with the highest standard of all applicable codes and local property rehabilitation standards. 6. HOLD HARMLESS: The Contractor agrees to defend, indemnify and hold the Owner harmless from any liability or claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the Contractor's performance of this Contract. Both parties agree that each Contractor and Subcontractor is acting in the capacity of an independent contractor with respect to the Owner. The Contractor further agrees to protect, defend, and indemnify the Owner form any claims by laborers, subcontractors, or suppliers for unpaid work or labor performed, or materials supplied in connection with this Contract. Revised and approved 8/4/2010 -7- es: "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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. The Owner and the Contractor agree to hold and save harmless the City of Omaha from any and all loss, cost, or damages of every kind, nature or description arising under this Contract. 7. ELIGIBILITY: The Contractor represents that he/she is not listed on the Disbarred and Suspended Contractor's List of the U.S. Department of Housing and Urban Development (HUD) or of the City, and further agrees not to hire or utilize as a subcontractor or supplier or any person or firm that is so listed. 8. CONDITION OF PREMISES: The Contractor agrees to keep the premises broom clean and orderly and to remove all debris as needed during the course of the work, in order to maintain work conditions which do not cause health or safety hazards. 9. LEAD BASED PAINT: The Contractor agrees to use no lead-based paint in the performance of this Contract, including the performance of any subcontractor. "Lead-based paint" means any paint containing more than six one-hundredths of one (1) per centum of lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied. The Contractor further agrees to abide by all Federal requirements regarding lead-based paint poison prevention. Lead-Based Paint Regulations at 24 CFR 570.608 and 24 CFR Part 35 and in particular Sub-Part B thereof. Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners or tenants or properties constructed prior to 1978 be properly notified that such properties may include lead-based paint and require specific treatments according to the amount of HUD funding allocated to the Project. 10. TERMINATION: The Contractor agrees that the Owner shall have the right to declare the Contractor in default if the Contractor fails to furnish materials or perform work in accordance with the provisions of this Contract. In such event, the Owner shall be responsible for providing written notice to the Contractor by registered/certified mail of such default. If the Contractor fails to remedy such default within ten (10) working days of such notice, the Owner shall have the right to select one or more substitute contractors. If the expense of finishing the work exceeds the balance not yet paid to the Contractor on this Contract, the Contractor shall pay the difference to the Owner through the City. The City will assure that all substitute contractors, subcontractors, suppliers, etc. are paid from the funds received from the original Contractor. Lien waivers, warranties, etc., shall be obtained just as though the original Contractor had completed the job. Any funds received from the original Contractor may be used only to correct/complete items set forth in the Schedule of Work and may not be used to complete other or extra work desired by the Owner. 11. INSPECTION: The U.S. Government, the City, and their designees shall have the right to inspect all rehabilitation work, and the Contractor will take all steps necessary Revised and approved 8/4/2010 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. to assure that the Government, the City, or their designees are permitted to examine and inspect the rehabilitation work, and all contracts, materials, equipment, payrolls, and conditions of employment pertaining to the work, including all relevant data and records. The U.S. Government and the City by inspecting the premises, records, suppliers, and equipment assumes no responsibility to the Owner for defective materials or work in the rehabilitation, or to either party for any breach of this. Contract by the other. 12. INTEREST OF FEDERAL AND CITY OF OMAHA PERSONNEL: The Contractor agrees that none of the following shall have any interest or benefit, direct or indirect, in this Contract for any work, supplies, or services, financed in whole or in part under, this Contract: A. Any member of the governing body of the Locality; B. Any member of the governing body of the City of Omaha; C. Any officer or employee of the Locality or the City of Omaha who exercises any functions or responsibilities in connection with the administration of the Community Development Block Grant (CDBG) Program; D. Any member of or delegate to the Congress of the United States; E. Any Resident commissioner. . 13. EQUAL OPPORTUNITY: The Contractor agrees to abide by all Federal, State, and/or local regulations relative to equal opportunity to all persons, without discrimination as to race, color, handicap, sex, familial status, age, political, or religious opinions, affiliations or national origin and status with regard to public assistance. On agreements of$10,000 or more, the Contractor agrees to abide by the following provisions of ,Executive Order 11246, and agrees to incorporate such language in all contracts for $10,000 or more which he/she may enter into in connection with this Contract. During the course of this contract, the Contractor agrees as follows: A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, sex or origin. The Contractor will take affirmative action to ensure that applicants and/or employees are employed or treated during employment without regard to their race, color, creed, religion, national origin, sex, marital status, age, and status with regard to public assistance or disability. On Agreements of $10,000 or more, the Contractor agrees to abide by the following provisions of Executive Order 11246, and agrees to incorporate such language in all contracts for $10,000 or more which, he/she may enter into in connection with this Contract. Such action shall include but not be limited to, the following: employment, upgrading, demotion Revised and approved 8/4/2010 -9 - used only to correct/complete items set forth in the Schedule of Work and may not be used to complete other or extra work desired by the Owner. 11. INSPECTION: The U.S. Government, the City, and their designees shall have the right to inspect all rehabilitation work, and the Contractor will take all steps necessary Revised and approved 8/4/2010 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post inconspicuous places, available to employees and applicants for employment, notices to be provided by the locality setting forth the provisions of this nondiscrimination clause. B. The Contractor will, 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 their race, color, religion, sex or national origin. C. The Contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the said labor union or worker's representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, (or as.may be amended) and of the rules, regulations, and relevant orders of the U. S. Secretary of Labor. E. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, (or as may be amended) and by the rules, regulations and orders of the Secretary of Labor and/or the U.S. Secretary of Housing and Urban Development and will permit access to his/her books, records, and accounts by the Secretary of Housing and Urban Development, or his/her designees, and the Secretary of Labor, or his/her designees, for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract, or with any of the said rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965; and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, or by rules, regulations or orders of the Secretary of Labor, or as otherwise provided by law. G. The Contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or Revised and approved 8/4/2010 - 10- ill take all steps necessary Revised and approved 8/4/2010 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. purchase order which the property owner or the Secretary of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the property owner or the Secretary of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interest of the Secretary of Housing and Urban Development of the United States. 14. TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES: The Contractor agrees to abide by the following provisions and to include them in any subcontract into which the Contractor enters in performance of the Contract. A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 13 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area(s) and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development as set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The Contractor will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment and/or training. D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of, Federal financial assistance take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. • subcontractor has first provided him/her with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules . and orders of the Department issued thereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided to the project,binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, his/her contractors and subcontractors, all successors, and assigns to those sanctions specified by the grant and/or loan agreement or contract through with Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 15. MISCELLANEOUS PROVISIONS: The Contractor and Owner agree as follows: A. That the Owner shall permit the Contractor to use, at no cost, existing utilities such as light, heat, power, and water necessaryto the carrying out and. g Y g completion of the work. B. The parties agree that the reference to "days" in this Contract shall mean consecutive calendar days; provided, however, that in the event the last consecutive day of the term shall be on a Sunday or legal holiday, the term shall then terminate on the next regular day. C. The parties agree that materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless otherwise specified by the Owner. D. The parties agree that should any dispute arise respecting the percentage of completion, the construction, the meaning•of drawings or specifications, or should any dispute respecting the true value of any omitted or improper workmanship or materials, or of any loss sustained by the Owner, and if the manner of estimation is not herein otherwise provided for, the same shall be determined in the following manner: Either party shall notify the other in writing that the dispute be submitted to arbitration. Within ten (10) days after such written notice, each of the parties shall meet with the .Director of the Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. opportunity provisions of local, state, or federal law and abide by the provisions of the attached Section 3 clause. The Contractor further agrees to comply with all requests by the governmental agency for employment records to enforce this position. F. The Contractor agrees to comply with affirmative action requirements mandated by Executive Order 11246 and the regulations promulgated thereunder; and the civil rights compliance ordinance of the Omaha Municipal Code. SCHEDULE OF WORK CHECKLIST 1. WORK DESCRIPTION: Each item of work and material must be described in sufficient detail to provide a standard against which the completed work may be judged. 2. PRICE: This shall reflect the actual price, including profit and overhead. In no case shall reimbursement to the Contractor exceed the actual amount of the funds available under the loan. 3. Schedule for completing work in accordance with payment schedule which will allow the City and the borrower to monitor actual performance against estimates of what will be necessary to complete the project on time must be provided. Revised and approved 8/4/2010 - 13 - ree that the reference to "days" in this Contract shall mean consecutive calendar days; provided, however, that in the event the last consecutive day of the term shall be on a Sunday or legal holiday, the term shall then terminate on the next regular day. C. The parties agree that materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless otherwise specified by the Owner. D. The parties agree that should any dispute arise respecting the percentage of completion, the construction, the meaning•of drawings or specifications, or should any dispute respecting the true value of any omitted or improper workmanship or materials, or of any loss sustained by the Owner, and if the manner of estimation is not herein otherwise provided for, the same shall be determined in the following manner: Either party shall notify the other in writing that the dispute be submitted to arbitration. Within ten (10) days after such written notice, each of the parties shall meet with the .Director of the Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT STATE OF Nebraska ) ) § COUNTY OF Douglas ) I, Barb Cherek, Authorized Representative, being first duly sworn under oath, state and depose as follows: 1. I am competent to testify to, and have personal knowledge of, the matters stated in this affidavit. 2. I am (a contractor) (the authorized agent of the contractor Cherek's Home Repair). I attest to the following: (a) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act"), (b) such contractor has completed a federal I-9 immigration form and has such form on file for each employee performing services, (c) such contractor has complied with Neb. Rev. Stat. section 4-114 (federal immigration verification system), (d) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and (e) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. FURTHER AFFIANT SAYETH NAUGHT. Affiant SUBSCRIBED AND SWORN TO before me this 21st day of April, 2011. OPPORTUNITY Pp A roved 6/1/10 ays; provided, however, that in the event the last consecutive day of the term shall be on a Sunday or legal holiday, the term shall then terminate on the next regular day. C. The parties agree that materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless otherwise specified by the Owner. D. The parties agree that should any dispute arise respecting the percentage of completion, the construction, the meaning•of drawings or specifications, or should any dispute respecting the true value of any omitted or improper workmanship or materials, or of any loss sustained by the Owner, and if the manner of estimation is not herein otherwise provided for, the same shall be determined in the following manner: Either party shall notify the other in writing that the dispute be submitted to arbitration. Within ten (10) days after such written notice, each of the parties shall meet with the .Director of the Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. • �ev Planning Department ►.�.,�?��. : Omaha/Douglas Civic Center G i�rNO3^ 1819 Farnam Street,Suite 1100 '( �lm Omaha,Nebraska 68183 1" (402)444-5150 ry o��T�D FEe��r�� Telefax(402)444-6140 • R.E. Cunningham,RA,F.SAME City of Omaha Director JimSuttle,Mayor- Inspector: Mike Honaker • March 1, 2011 Doris M. W. Baymon 1820. Lothrop Street OMAHA LEAD BASED PAINT HAZARD CONTROL PROGRAM The Contract bid documents consist of the following sections: • General Responsibilities for the Contractor and Occupant. • Lead Hazard Control Plan, Interim Control and Abatement of Lead Based Paint Hazards. The Contractor Shall: • Comply with HUD's "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing". (Copies are available at the Planning Department.) • Comply with Standards called for in the "Construction and Rehabilitation Specifications, Housing and Community Development Division, City of Omaha, Nebraska". (Copies are available at the Planning Department.) • Comply with the State of Nebraska Health and Human Services Regulation,and Licensure, Title 178 Chapter 23 Lead Base paint regulations. • Coordinate daily construction schedule with the occupant. • Submit information cut sheets for all substitutions or approved equals prior to written approval of the Rehabilitation Inspector. • Move furniture and appliances as necessary to do required work. Large furniture left in containment areas may be wrapped with plastic with the joints sealed. NOTE: The contractor is not to move furniture or appliances on finished wood floors. • Repair or replace all items damaged or disturbed during construction. • At all, times keep the site of work and surrounding area free from accumulations of waste materials or rubbish caused by the work. • . Upon daily completion of work clean up all rubbish, excess material, equipment, and etc., that is connected with the work, and leave all parts of the work areas in a neat, sanitary, lead safe and presentable condition. • Complete this project within 90 calendar days from the proceed order. Initials:' Page 1 Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. 1820 Lothrop St. (continued) The Owner/Occupant Shall • Remove, store away and reinstall all effected window coverings. • Remove and store away pictures, lamps, knick-knacks, valuables, etc. • Remove and store away any and all electronic devices in the work area to include air conditioners. • Move all furniture on finished wood floors in the work area. • Provide a clean, uncluttered dwelling to work in. • Ensure that all household members and pets stay at least ten feet away from all work areas while work is being done. • Allow final clearance testing upon substantial completion of work. All household members and pets must be out of the dwelling at 8:00 AM on the day of clearance testing and remain away until the testing is complete. (Usually 2:30 PM). • Remove volunteer trees and vegetation from the drip line of the roof, and cut back shrubs and bushes at least two feet from the house. Lead Hazard Control Plan Abatement of Lead Based Paint Hazards Window Treatment • Sash Replacement at Thirty Two (32) Double-Hung window locations. • Remove 32 combination storm windows and dispose of them properly. • Remove existing sashes, necessary stops, and window weights, and dispose of properly. Replace stops as required. • Insulate weight cavities and insulate around replacement windows with batt insulation. • Install Marvin Clad Ultimate Insert Double-Hung wood replacement windows, exterior clad and with full screen, or approved equal. Finish to match existing. • Bathroom glass to be opaque. • See Planning Department's List of approved windows. All windows are to be Low E, Argon filled, insulated glass, that meet energy star requirements. • HEPA vacuum and clean all window troughs and sill surfaces. • This work shall be performed from the exterior side. Initials: ` Page 2 f waste materials or rubbish caused by the work. • . Upon daily completion of work clean up all rubbish, excess material, equipment, and etc., that is connected with the work, and leave all parts of the work areas in a neat, sanitary, lead safe and presentable condition. • Complete this project within 90 calendar days from the proceed order. Initials:' Page 1 Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. 1820 Lothrop St. (continued) Interim Control of Lead Based Paint Hazards Paint Stabilization • Prepare and paint all previously painted exterior wood surfaces of the dwelling. • Prepare and paint the exterior surfaces of one fixed window and storm window. • Prepare and paint three attic windows and storm windows. • Prepare and paint all previously painted wood surfaces on the front porch. • Prepare and paint the walls in the entry, foyer, foyer closet, east porch, first floor bathroom, basement stairwell, and second floor bathroom. • Prepare and paint the window trim in the second floor.bathroom. • Prepare and paint the basement stairs to include the stringers, treads, and risers. • Strip and repaint to match the friction and contact surfaces of the three doors and jambs in the east porch and the entrance to the second floor bathroom. Prepare and paint the doors and jambs. • Finish/clean interior sills to a smooth cleanable surface. • All paint colors to match existing. Prime and apply two coats. • See Planning Department's list of approved paint products for lead projects; and for all paint stabilization on this project. Floor Treatment • Strip and repaint the front porch and basement stairwell floor with an alkyd enamel floor paint. Prime and apply two coats. • Clean the dining room and kitchen floors to pass clearance tests. • Install rubber stair tread covers (as manufactured by Johnsonite and available at Kelly's Carpet or equal) with a 1 1/2" nosing on the basement stair treads. Pro e Y Ow ergatelf Property Owner Date cF Witness Date Occupant (if applicable) Date Occupant (if applicable Date Witness Date Page 3 • This work shall be performed from the exterior side. Initials: ` Page 2 f waste materials or rubbish caused by the work. • . Upon daily completion of work clean up all rubbish, excess material, equipment, and etc., that is connected with the work, and leave all parts of the work areas in a neat, sanitary, lead safe and presentable condition. • Complete this project within 90 calendar days from the proceed order. Initials:' Page 1 Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. City of Omaha, Housing and Community Development Division COST ESTIMATE & CERTIFICATION: Target Area (l Exterior Project ❑ Special Needs n Barrier Removal ❑ Redevelopment Area: OLBPHCP Address: 1820 Lothrop Street Owner(s): Doris M.W. Baymon The estimated cost for the above project is as follows: Preliminary Revised Date of Cost Estimate 3/1/2011 General Construction Cost $25,430 $0 Electrical Cost $0 $0 Plumbing Cost $0 $0 HVAC $0 $0 Overhead and Profit (15%) $3,815 $0 State $200 $0 Total Construction Cost Estimate $29,445 $0 The source for the estimate data is the current addition of Repair & Remodeling Cost Data by R. S. Means, recent competitive bid pricing for similar work and product and material research. The Rehabilitation Division has reviewed the project cost estimate, work write-up or plans and specifications. In our opinion the project cost estimate is accurate. This estimate is for the use of the City of Omaha, Housing and Community Development Division, Rehabilitation Section only. The�actual cost may vary. Signed, Construction Specialist �,V lj�' 1� v^ Date 3 II Initial Inspection Date: 13. 1 6 , Work Write-up Date: II Approved, Development Section Manager Date 2rr � tair tread covers (as manufactured by Johnsonite and available at Kelly's Carpet or equal) with a 1 1/2" nosing on the basement stair treads. Pro e Y Ow ergatelf Property Owner Date cF Witness Date Occupant (if applicable) Date Occupant (if applicable Date Witness Date Page 3 • This work shall be performed from the exterior side. Initials: ` Page 2 f waste materials or rubbish caused by the work. • . Upon daily completion of work clean up all rubbish, excess material, equipment, and etc., that is connected with the work, and leave all parts of the work areas in a neat, sanitary, lead safe and presentable condition. • Complete this project within 90 calendar days from the proceed order. Initials:' Page 1 Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. — . ( 7q- d N N ymY nz ym > - D g �. o- r r�Z. a O g • Q•_ o � a N„ < F a w S �, can .0 w w co = A O '-- v f c = W O Q O N N-" "' t I C VI O 1A' 'S - N -A g �- - V- 6/n • . LA CD o N • —0 ` ' 04 00 DD 0 :, ° I N 1. C o v _' n , Q 2 V . r C �O • Q, ( c� � is— Co N PN r,i; "DgoU. 9 00 a. •. r 4 r r6 03 -CS CD (4 < t1 < C/] rn. A t N PT 0(1 N w CD Z. CD 00 6 • -5) 00 J s d4 lag, IsR11 1IS W .;-- co c3-, p G` rk N2 ymy m y G - A 0 , • P a CD cf'•• < c. r 0 . g G� c,E) N C �-- o ...cr FO.... r(� ^^J a L- W ,VI" V �' � �' `< p O 69 \v h OP ,o ,o 0 performed from the exterior side. Initials: ` Page 2 f waste materials or rubbish caused by the work. • . Upon daily completion of work clean up all rubbish, excess material, equipment, and etc., that is connected with the work, and leave all parts of the work areas in a neat, sanitary, lead safe and presentable condition. • Complete this project within 90 calendar days from the proceed order. Initials:' Page 1 Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. April 15, 2011 James R. Thele, Assistant Director City of Omaha Planning Department 1819 Farnam Street, Suite 1100 Omaha,NE 68183 RE: Lead Based Paint Hazard Control Program Withdrawal of Bid Dear Mr. Thele: Concerning the bid in the amount of$18960.00 that I submitted 4-13-2011 for the rehabilitation of the property located at 1820 Lothrop Street, I am requesting my bid be withdrawn because I underestimated the windows.. Sincerely, Justin Davis First Choice Builders Withdrawal Accepted: James . le Date Assistant Planning Director " ‘,.__YD)/n Pam Spaccarotella Date Tom Marfisi Date Finance Director Human Rights and Relations Director Plnlsf1524-cover letter Jim Suttle, Mayor City of Omaha IS:\LAW-COUNCIL DOCUMENTS\2011\20030v1j elle Peters k. OMAHA LEAD-BASED PAINT HAZARD CONTROL PROGRAM City of Omaha, Housing and Community Development Division BID EVALUATION FORM Project Owner: Wk15 INA /. 1 Ac) -\ Project Address: 1 g 2.o Lc7 r R e_O P SI R C L-`'l Funding Source: Block Grant Lead Hazard Control Grant Other Contractor Planning Dept. Comments . Lead-Based Paint Hazard Interim.Controls Paint Stabilization : ZSo Window Treatment: U ocN Door Treatment: i o o o Miscellaneous: f, CS- Lead-Based Paint Hazard Abatement Encapsulation: Window Treatment: 21 Goo .o. i tI boor Treatment: Miscellaneous: .'• ono • Pollution Liability Fee: _ NHHS Notification Fee: $200.00 $200.00 Overhead & Profit: , ct S — TOTAL: Z7 tc11 " The undersigned has evaluated the bids.and proposed construction costs and hereby certifies that the costs are reasonable. ►�� `� Construction Specialist: i< v l V`'- ��*r��--- Date: c Development Section Manager Date: (4 < t1 < C/] rn. A t N PT 0(1 N w CD Z. CD 00 6 • -5) 00 J s d4 lag, IsR11 1IS W .;-- co c3-, p G` rk N2 ymy m y G - A 0 , • P a CD cf'•• < c. r 0 . g G� c,E) N C �-- o ...cr FO.... r(� ^^J a L- W ,VI" V �' � �' `< p O 69 \v h OP ,o ,o 0 performed from the exterior side. Initials: ` Page 2 f waste materials or rubbish caused by the work. • . Upon daily completion of work clean up all rubbish, excess material, equipment, and etc., that is connected with the work, and leave all parts of the work areas in a neat, sanitary, lead safe and presentable condition. • Complete this project within 90 calendar days from the proceed order. Initials:' Page 1 Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. • Owner's Acceptance Form I have reviewed all of the bids submitted for the rehabilitation of my property located at: My Contractor of choice is: Gi�• f�i�S 101v1GL��\�2 Owner Owner ate the bid in the amount of$18960.00 that I submitted 4-13-2011 for the rehabilitation of the property located at 1820 Lothrop Street, I am requesting my bid be withdrawn because I underestimated the windows.. Sincerely, Justin Davis First Choice Builders Withdrawal Accepted: James . le Date Assistant Planning Director " ‘,.__YD)/n Pam Spaccarotella Date Tom Marfisi Date Finance Director Human Rights and Relations Director Plnlsf1524-cover letter Jim Suttle, Mayor City of Omaha IS:\LAW-COUNCIL DOCUMENTS\2011\20030v1j elle Peters k. SECTION 106 REVIEW PROPERTY OWNER: Doris M. Baymon PROPERTY ADDRESS: 1820 Lothrop Street TURN-AROUND DATE: 5-21-2010 DESCRIPTION OF PROPOSED UNDERTAKING: Exterior: 1. Replace windows with vinyl replacement windows 2. Scrape and paint wood siding 3. Paint porch ceiling and floor 4. Refinish trims Interior: 1. Repair damaged walls and ceilings 2. Install drywall over damaged walls and ceilings 3. Refinish or replace doors and frames 4. Remove or replace base shoe 5. Cover stair treads sX Not a Historic Structure Historic Structure /Jj / Don Seten Date HCD Preservation Officer Pam Spaccarotella Date Tom Marfisi Date Finance Director Human Rights and Relations Director Plnlsf1524-cover letter Jim Suttle, Mayor City of Omaha IS:\LAW-COUNCIL DOCUMENTS\2011\20030v1j elle Peters k. City of Omaha Housing and Community Development Division Site Specific Compliance Review • Project Name: OLBPHCP Project Address: 1820 Lothrop Street Project Activity: SN-Lead Applicant: Doris M. Baymon Statute,Authority, Executive Order, Regulation or Policy • cited at 24 CFR§58.5 Determinations and Compliance Documentation Air Quality The project activity will pose no threat to the air quality in and around the project [Clean Air Act sections 176(c) &(d), and 40 CFR 6, 51, 93] area. Verified by: MWH Date: 5-28-10 Runway Protection Zones and The project site is not located within any Runway Protection Zones or an Accident Accident Potential Zones Potential Zones as per the Eppley Airfield Runway Protection Zone, maps dated [24 CFR 51D] September 29, 1997 by Coffman Associates, Airport Consultants and there are no military air fields in the City of Omaha and Douglas County as per Nebraska Department of Aeronautics. Verified by: MWH Date: 5-28-10 Toxic or hazardous Substances Based on field surveys and the City of Omaha's GIS mapping there are no toxic or And Radioactive Material hazardous substances or radioactive materials on or near the project location. [24 CFR 58.5(i)(2)] Verified by: MWH Date: 5-28-10 Explosive and Flammable According to the City Of Omaha's GIS and land records, no Above-Ground Tanks are Operations located within 1,000 feet of the subject property. • [24 CFR 51C] Verified by: MWH Date: 5-28-10 Floodplain Management The project is not located within a special flood hazard area according to FEMA Flood [24 CFR 55, Executive Order 11988] Insurance Rate Maps. • Community Number: 315274 Map Number: 0237H Effective Date: 12-2-05 Verified by: MWH Date: 5-28-10 Historic Preservation Historic preservation requirements are met. [36 CFR 800] Verified by: MWH Date: 5-28-10 Noise Control This project activity is not a noise-sensitive use, in accordance with the HUD Noise [24 CFR 51B] Guidebook, 1991. Verified by: MWH Date: 5-28-10 A site-specific environmental review has been performed at the above location in compliance with HUD environmental review regulations(24 CFR Part 58)and related laws,authorities and requirements. The review has been performed prior to the commitment of HUD or non-HUD funds,as required by§58.22(a)and(c). This review shall be retained as a component of the City's Environmental Review Record(ERR). Consult the Tier I review listed above for further information as to compliance with other laws and authorities for this HUD-assisted project or program. jPrepared by: • Date: C O G l (Approved by: Date: & r / li his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. r '��"% Indiana ; Compensation And Employers Insurance Policy r* , Insurance. Liability Yorkers r „ � 11unM oil.f[uny Nfui�ul 4im, 1 RENEWAL Transaction Effective: 12/05/2010 INFORMATION PAGE DIRECT BILL Policy Number:WC 8458343 Prior Policy: 8458343 Date Issued: 10/07/2010 Coverage Is Provided In THE NETHERLANDS INSURANCE COMPANY-A STOCK COMPANY NCCI Number: 14184 1.Named Insured and Mailing Address: Agent: CHEREK'S HOME REPAIR INSURANCE SOLUTIONS 10224 WEIR ST 2530 S 171ST CT OMAHA NE 68127 OMAHA NE 68130 Agent Code: 8910013 Agent Phone: (402)-614-3307 Federal Employer ID Number: 508745256 Filing Number: SIC Code: 1721 Other Workplaces not shown above: NONE Entity of Insured- INDIVIDUAL 2. Policy Period: ; The Policy Period is from 12/05/2010 to 12/05/2011 , 12:01 AM Standard Time at the insured's mailing address. 3. A. Worker's Compensation Insurance: Part One of the policy applies to Worker's Compensation Law of the states listed here: NE 1 B. Employers Liability Insurance: Part Two of the policy applies to work in each state listed in 3.A.The limits of liability under Part Two are: Bodily Injury by Accident $ 100, 000 each accident Bodily Injury by Disease $ 500, 000 policy limit Bodily Injury by Disease $ 100, 000 each employee C. Other States Insurance: Part Three of the policy applies to states,if any, listed here: All states except North Dakota,Ohio,Washington, Wyoming and states designated in item 3.A.on the Information Page; D. Endorsements and Schedules: This policy includes these endorsements and schedules: See Extension of Information Page 4. Premium: The premium for this policy will be determined by our Manuals of Rules,Classifications, Rates and Rating Plans.All information required below is subject to verification and change by audit. Premium Basis Rate Per Estimated Code Total Estimated $100 of Annual Number Classifications Annual Remuneration Remuneration Premium See Extension of Information Page POUCY PREMIUM TOTALS Total Estimated Standard Premium $ 742. 00 0900 Expense Constant $ 210. 00 Total Estimated Premium $ 952. 00 Total Estimated Cost $ 952. 00 Minimum Premium $ 750. 00 Deposit Premium $ 952. 00 Adjustment Period: ANNUAL Date: Countersigned by: Authorized Signature Copyright 1987 National Council on Compensation Insurance. 25-190(07/081(WC 00 00 01A1 INSURED COPY PGDMO60D J23939 ICAFPPN 00012844 Page 11 Date: & r / li his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. Indiana :ENEWAL Insurance. . .ltrn.brrnn Nip Nulud Cau:!p EFFECTIVE DATE: 12/05/2010 Policy Number: GL 8354975 Prior Policy: 8354975 Billing Type: DIRECT BILL Coverage Is Provided In PEERLESS INDEMNITY INSURANCE COMPANY Named Insured and Mailing Address: Agent: CHEREK'S HOME REPAIR INSURANCE SOLUTIONS 10224 WEIR ST 2530 S 171ST CT OMAHA NE 68127 OMAHA NE 68130 • Agent Code: 8910013 Agent Phone: (402)-614-3307 COMMON POLICY DECLARATIONS In return for the payment of premium, and subject to all the terms of this policy, we agree with you to provide the insurance a stated in this policy. POLICY PERIOD: From : 12/05/2010 To: 12/05/2011 at 12:01 AM Standard Time at your mailing address shown above. FORM OF BUSINESS: INDIVIDUAL BUSINESS DESCRIPTION: EXTERIOR PAINTING This policy consists of the following coverage parts for which a premium is indicated. This premium may be subject to adjustment. PREMIUM Commercial General Liability Coverage Part I NCLUDED Total Premium for all Liability Coverage Parts $ 51 7 . 00 Terrorism Risk Insurance Act of 2002 and 2005 Coverage $ 7. 00 Total Policy Premium $ 524 . 00 FORMS AND ENDORSEMENTS Forms and Endorsements made a part of this policy at time of issue: Applicable Forms and Endorsements are omitted if shown In specific Coverage Part/Coverage Form Declarations Form Number Description CG2170 -0108 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM CG2176 -0108 EXCL OF PUNITIVE DAMAGES RELEATED TO CERTIFIED ACT IL0003 -0807 CALCULATION OF PREMIUM IL0017 - 1198 COMMON POLICY CONDITIONS • IL0021 -0502 NUCLEAR ENERGY LIABILITY ENDORSEMENT(BROAD FORM) IL0021. -0908 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT(BROAD) • 17-57 (06/94) If i i IRFn r f1PV required below is subject to verification and change by audit. Premium Basis Rate Per Estimated Code Total Estimated $100 of Annual Number Classifications Annual Remuneration Remuneration Premium See Extension of Information Page POUCY PREMIUM TOTALS Total Estimated Standard Premium $ 742. 00 0900 Expense Constant $ 210. 00 Total Estimated Premium $ 952. 00 Total Estimated Cost $ 952. 00 Minimum Premium $ 750. 00 Deposit Premium $ 952. 00 Adjustment Period: ANNUAL Date: Countersigned by: Authorized Signature Copyright 1987 National Council on Compensation Insurance. 25-190(07/081(WC 00 00 01A1 INSURED COPY PGDMO60D J23939 ICAFPPN 00012844 Page 11 Date: & r / li his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. 9 r $;rENEWAL r�lie. Indiana ` Insurance. . imxr�r twcnr aronw c,m Forming a part of Policy Number: GL 8354975 Coverage Is Provided In PEERLESS INDEMNITY INSURANCE COMPANY Named Insured: Agent: CHEREK'S HOME REPAIR INSURANCE SOLUTIONS Agent Code: 8910013 Agent Phone: (402)-614-3307 TOTAL ADVANCE PREMIUM FOR ALL LIABILITY COVERAGE PARTS $ 517. 00 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS LIMITS OF INSURANCE Each Occurrence Limit $ 1 , 000, 000 Damage To Premises Rented To You Limit $ 100, 000 Any One Premises Medical Expense Limit $ 5, 0 0 0 Any One Person Personal and Advertising Injury Limit $ 1 , 000 , 000 Any One Person or Organization General Aggregate Limit(Other Than Products/Completed Operations) $ 2, 000, 000 Products/Completed Operations Aggregate Limit $ 2, 000 , 0 00 LOCATION OF PREMISES Location Number Address of All Premises You Own, Rent or Occupy 001 • 10224 WEIR ST OMAHA NE 68127 PREMIUM Class Classification Description Code Rates Advance Premium Premium Territory Prods/ All Prods/ All Base Code Comp Ops Other Comp Ops Other NE LOCATION 001 98304 PAINTING-EXTERIOR-BUILDINGS OR STRUCTURES-THREE STORIES OR LESS IN HEIGHT. 30, 000 001 $ 5. 694 $ 11 . 517 $ 171 $ 346 PAYROLL PER$1000 22-19 (12/02) INSURED COPY 12/05/2010 8354975 NN164883 0311 PGDM060D J11136 ICAFPPN 00016613 Page 15 UNITIVE DAMAGES RELEATED TO CERTIFIED ACT IL0003 -0807 CALCULATION OF PREMIUM IL0017 - 1198 COMMON POLICY CONDITIONS • IL0021 -0502 NUCLEAR ENERGY LIABILITY ENDORSEMENT(BROAD FORM) IL0021. -0908 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT(BROAD) • 17-57 (06/94) If i i IRFn r f1PV required below is subject to verification and change by audit. Premium Basis Rate Per Estimated Code Total Estimated $100 of Annual Number Classifications Annual Remuneration Remuneration Premium See Extension of Information Page POUCY PREMIUM TOTALS Total Estimated Standard Premium $ 742. 00 0900 Expense Constant $ 210. 00 Total Estimated Premium $ 952. 00 Total Estimated Cost $ 952. 00 Minimum Premium $ 750. 00 Deposit Premium $ 952. 00 Adjustment Period: ANNUAL Date: Countersigned by: Authorized Signature Copyright 1987 National Council on Compensation Insurance. 25-190(07/081(WC 00 00 01A1 INSURED COPY PGDMO60D J23939 ICAFPPN 00012844 Page 11 Date: & r / li his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. Housing and Community Development Division City of Omaha Planning Department Contractor Eligibility Form Project Name: OLBPHCP Project Owner: Doris M.W. Baymon Project Address: 1820 Lothrop Street Contractor: Cherak's Home Repair Based on the review of the current "List of Parties Excluded from Federal Procurement and Non-procurement Programs" a government publication. _X_Contractor is eligible • Contractor is not eligible Construction S ecialist Date (F,714 Development ec ' n anager Date Don Seten Date HCD Preservation Officer Pam Spaccarotella Date Tom Marfisi Date Finance Director Human Rights and Relations Director Plnlsf1524-cover letter Jim Suttle, Mayor City of Omaha IS:\LAW-COUNCIL DOCUMENTS\2011\20030v1j elle Peters k. Excluded Parties List System Page 1 of l E pL s Excluded pubes.LiA System Olt_ Search-Current Exclusions Resources EPLS Search Results >Advanced Search >Search Help >Multiple Names Search Results for Parties >Advanced Search Tips • >Exact Name and SSN/TIN Excluded by >Public User's Manual >MyEPLS • Exact Name:Cherek's Home Repair,Omaha >FAQ >Recent Updates Ne. >Acronyms >Browse All Records As of 15-Apr-2011 11:39 AM EDT >Privacy Act Provisions Save to MyEPLS >News View Cause and Treatment Code Descriptions Reports Your search returned no results. >Reciprocal Codes It is further recommended that you perform a >Advanced Reports >Procurement Codes Partial Name search on any word of the name >Recent Updates >Nonprocurement Codes to further confirm the eligibility status of the party.An additional Partial Name search might >Dashboard be necessary because an Exact Name match Agency&Acronym Information will not be found if the spelling or format of the Archive Search-Past Exclusions name you are searching for is different than the >Agency Contacts name of the exclusion in EPLS. >Advanced Archive Search >Agency Descriptions >Multiple Names >State/Country Code Descriptions Back New Search Printer-Friendly >Recent Updates >Browse All Records OFFICIAL GOVERNMENT USE ONLY Contact Information • >Debar Maintenance >Administration >For Help: Federal Service Desk >Upload Login • https://www.epls.gov/epls/search.do?status=current&exact name=Cherek%27s+Home+Re... 4/15/2011 • IL0021 -0502 NUCLEAR ENERGY LIABILITY ENDORSEMENT(BROAD FORM) IL0021. -0908 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT(BROAD) • 17-57 (06/94) If i i IRFn r f1PV required below is subject to verification and change by audit. Premium Basis Rate Per Estimated Code Total Estimated $100 of Annual Number Classifications Annual Remuneration Remuneration Premium See Extension of Information Page POUCY PREMIUM TOTALS Total Estimated Standard Premium $ 742. 00 0900 Expense Constant $ 210. 00 Total Estimated Premium $ 952. 00 Total Estimated Cost $ 952. 00 Minimum Premium $ 750. 00 Deposit Premium $ 952. 00 Adjustment Period: ANNUAL Date: Countersigned by: Authorized Signature Copyright 1987 National Council on Compensation Insurance. 25-190(07/081(WC 00 00 01A1 INSURED COPY PGDMO60D J23939 ICAFPPN 00012844 Page 11 Date: & r / li his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. . . . . . • l'S e..--', ‘..-01-.0.04..)c) .7- 1--...-,..„ 1• 44'* '''e ' " ' *'''t,'"-",..e‘'.-Vidr - 144:-:F.-' if•'''-'1 '' -- ,1-'- f-,%. 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Contractor agrees to provide a copy of its drug free workplace policy at any time upon request by the State. GRIEVANCE AND PROTEST-Grievance and protest procedure Is available by contacting the buyer.Protest must be filed within ten(10)days of award. NE ACCESS TECHNOLOGY STANDARDS-Vendor agrees to ensure compliance with Nebraska Access Technology Standards. 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';',41":4:':V:e.• -',.- • -",f*y4,., .1-0-•••,/ ,.. : 1.1 , .--.-.:.,,,A,,..,).4,,v,.P..;41-,,,.:,%.,r,trt..::''il-:`...itr':gt.:11.a1:::::4•Xf;;Z:1.-q i".. ..,71,..,7-. ..,-.----- ri % School Bus Yellow(No Charge) . W8829H W8866H Ranger•Super Duty F-250-F-550 . *F 150 with special paint will receive a black fuel fill door. .CUCa.rcvalr]d ieViaanlcetproseria-8 Enter:.848F-1553°. • 1-• - ...i.: le(rPs7-1)Enter.91S53 . . E-Series may be ordered as RPO-Enter.BY. [1„... . ' • . - . . r. . . ' [!...:::. . • • • A,. • + q• v • i i • • } j. . lz`f.1- 16a. \M 10 p `u 6 ,f SAS 4- l',A4t Home Repair Based on the review of the current "List of Parties Excluded from Federal Procurement and Non-procurement Programs" a government publication. _X_Contractor is eligible • Contractor is not eligible Construction S ecialist Date (F,714 Development ec ' n anager Date Don Seten Date HCD Preservation Officer Pam Spaccarotella Date Tom Marfisi Date Finance Director Human Rights and Relations Director Plnlsf1524-cover letter Jim Suttle, Mayor City of Omaha IS:\LAW-COUNCIL DOCUMENTS\2011\20030v1j elle Peters k. April 26, 2011 Doris M. W. Baymon 1820 Lothrop Street Omaha, Nebraska 68110 RE: 1820 Lothrop St. Omaha,Ne. Dear Doris, In response to your application for the Omaha Lead Based Paint Hazard Control Program, an inspection of the above property was completed on March 1, 2011. The following violations of the Omaha Municipal Code were noted and are herby brought to your attention, this list may not include all violations: EXTERIOR: Municipal Code, Chapter 18, Article 1, Section 18-3 (R) Lead Based Paint INTERIOR Municipal Code, Chapter 18, Article 1, Section 18-3 (R) Lead Based Paint If you have any questions, please call me at 444-5333. Sincerely, \---n" Michael . Honaker Construction Specialist lsf1524-cover letter Jim Suttle, Mayor City of Omaha IS:\LAW-COUNCIL DOCUMENTS\2011\20030v1j elle Peters k. C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the U.S. Department of Housing and Urban Development has awarded to the City the Lead-based Paint Hazard Control Grant No. NELHB0479-10, which was approved on March 8, 2011 by City Council Resolution No. 248; and, WHEREAS, this single-family home, located at 1820 Lothrop Street, Omaha, Nebraska 68110; Doris M. W. Baymon, owner; is eligible for funding under the Lead-based Paint Hazard Control Program; and, WHEREAS, the Planning Department Financing guidelines for the Lead-based Paint Hazard Control Program provides up to $30,000.00 per single-family property; and, WHEREAS, the best bid was received in an amount of$27,915.00 from Cherek's Home Repair to perform Lead Based Paint Hazard Control work at the property located at 1820 Lothrop Street; and, WHEREAS, the maximum amount of grant funds for the project is $27,915.00; and, WHEREAS, this Lead Based Paint Hazard Control work is in the best interest of the residents of the City of Omaha and those residing therein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: By Councilmember Adopted City Clerk Approved Mayor dvanced Archive Search >Agency Descriptions >Multiple Names >State/Country Code Descriptions Back New Search Printer-Friendly >Recent Updates >Browse All Records OFFICIAL GOVERNMENT USE ONLY Contact Information • >Debar Maintenance >Administration >For Help: Federal Service Desk >Upload Login • https://www.epls.gov/epls/search.do?status=current&exact name=Cherek%27s+Home+Re... 4/15/2011 • IL0021 -0502 NUCLEAR ENERGY LIABILITY ENDORSEMENT(BROAD FORM) IL0021. -0908 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT(BROAD) • 17-57 (06/94) If i i IRFn r f1PV required below is subject to verification and change by audit. Premium Basis Rate Per Estimated Code Total Estimated $100 of Annual Number Classifications Annual Remuneration Remuneration Premium See Extension of Information Page POUCY PREMIUM TOTALS Total Estimated Standard Premium $ 742. 00 0900 Expense Constant $ 210. 00 Total Estimated Premium $ 952. 00 Total Estimated Cost $ 952. 00 Minimum Premium $ 750. 00 Deposit Premium $ 952. 00 Adjustment Period: ANNUAL Date: Countersigned by: Authorized Signature Copyright 1987 National Council on Compensation Insurance. 25-190(07/081(WC 00 00 01A1 INSURED COPY PGDMO60D J23939 ICAFPPN 00012844 Page 11 Date: & r / li his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2010 - 12- I tions under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 8/4/2010 - 11 - 10 - 8- rming 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. Revised and approved 8/4/2010 -3 - benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit (Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. -3- Revised and approved 4/12/2011 NOT LIM.ffEl)TO LOSS OF USE,REVENUE OR PROFIT OF ANY KIND HOWEVER CAUSED. G. Exclusions— (I) The Company's obligation to provide pans and labor pursuant to this agreement is contingent upon the proper use of the Equipment. The Con many shall not be obligated to provide parts and labor pursuant to this Agreement,if in the Company's reasonable opinion,the • Equipment cannot be repaired to a mainminabie condition or if such parts replacement is required as a result of. • unusual physical or electrical.stress on the Equipment; • accident,neglect,abuse,misuse Of other-than-normal use of Equipment, • failure to perform routine maintenance oil the Equipment in accordance with the Company's recommended procedures; • failure of electrical Power,air conditioning or humidity control; • repairS or attempted repairs to the Equipment by:unauthorized persons without the Company's prior approval; • removal from its initial installation site or reinstallation of the Equipment; • alteration of the Equipment without the Company's prior approval;or • • use of the Equipment with supplies or devices not supplied or approved by the Company- (2) This agreement does not corer consumables. n the connection with enforcing its rights or defending itself. United States is required and the Contractor may be All parties hereby irrevocably waive any and all rights they disqualified or the contract terminated if such lawful may have to a trial by jury in any judicial proceeding presence cannot be verified as required by Neb.Rev. involving any claim relating to or arising under this Stat. §4-108. agreement or any other agreement between the parties hereto. 16. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE. Annexed hereto as Exhibit A and made a part there of by reference are the equal employment provisions of this ©2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottero logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology is protected by one or more issued U.S.and foreign patents(http://www.shotspotter.com/patents),with other domestic and foreign patents pending.All other company and product names 11 mentioned herein may be trademarks of their respective companies. assign or are exclusive of all tariffs,customs duties,imposts,national, transfer this Agreement and the Purchase Documents of which ®2010 ShotSpotter,Inc.All rights reserved.ShotSpotter Gunshot Location Systems and the ShotSpottera logo are registered trademarks of ShotSpotter,Inc.ShotSpotter GLS technology h er.coml atents with other domestic and foreignpatents pending..All other company and product names 10 is protected by one or more issued U.S.and foreign patents(http:Owww.s otspott p ), 9 P 9 P Y mentioned herein may be trademarks of their respective companies. their respective companies. espective companies. 1 eign patents pen ding.All other company and product names 2 mentioned herein may be trademarks of their respective companies. C-25A CITY OF MA A O H LEGISLATIVE CHAMBER , Omaha,Nebraska PAGE 2 THAT, the attached grant agreement, as recommended by the Mayor, to provide a Lead-based Paint Hazard Control grant payment in the amount of$27,915.00 for the lead hazard control work at the property located at 1820 Lothrop Street, Omaha, Nebraska 68110; Doris M. W. Baymon, Owner; through the Lead Based Paint Hazard Control Program is hereby approved. The contract is to be awarded to Cherek's Home Repair. Grant funds shall be paid from Lead- based Paint Hazard Control Program, Fund No. 12136, Organization 128104. APPROVED AS TO FORM: (24.I $ 4-// 0—CITY ATTORNEY DATE Plnlsf1524-resolution By ... .......,,.. Councilmember Adopted....MAY.:,,..f.... .11 ... Ci Clerk /M� Approved . . �� Mayor • Z w 0 0 o Z o aN : O t P OA. r N r+ � i -r C . C. O UU C pp C CD Oq UQ ~ pp C CD 'Ti Z' 4. r-rw D P c ~ K.) p O.Qia O O • � g $ ' a 0r cW- I .• � b y px ' OZ. o a �' o o N Ca a. pair. Grant funds shall be paid from Lead- based Paint Hazard Control Program, Fund No. 12136, Organization 128104. APPROVED AS TO FORM: (24.I $ 4-// 0—CITY ATTORNEY DATE Plnlsf1524-resolution By ... .......,,.. Councilmember Adopted....MAY.:,,..f.... .11 ... Ci Clerk /M� Approved . . �� Mayor