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RES 2011-0406 - Agmt with Cox COmmunications of Omaha LLC to settle claims for upaid cable television franchise fees �QMpHA,N�'A 6-A�,� st RECEIVED Law Department OT.i- ,1 Omaha/Douglas Civic Center Se ill fOr I I pIAR 3 1 PM 2'. 50 1819 Farnam Street,Suite 804 o.0 i iFi Omaha,Nebraska 68183 0804 (402)444-5115 Ask TED FEBR� yti CITY CLERK Telefax(402)444-5125 City of Omaha O -A A. NEB A S K A, Paul D.Kratz Jim Suttle,Mayor City Attorney Honorable President and Members of the City Council, The attached Resolution is submitted by the Law Department. It authorizes settlement of a claim the City made against Cox Communications Omaha, LLC, ("Cox") for underpayment of cable television franchise fees. If the Resolution is approved, Cox will pay the City an additional Two Hundred Thousand dollars ($200,000.00) to settle claims for unpaid cable television franchise fees. In addition, Cox will pay Thirteen Thousand Two Hundred and Seven dollars ($13,207.00) to reimburse the City for its audit costs and expenses. In 2009 the City commenced a review Cox's request to renew its cable television franchise. During the review Cox's payment of franchise fees during 2008 and 2009 was audited to determine if any fees were due. The audit reported certain revenues generated by Cox during its operation of the cable television system had not been properly accounted for in determining the gross revenues forming the basis for the franchise fee. The audit questioned the recording of maintenance income and bundled services discounts and the calculation rate used and recommended additional payment in excess of $300,000.00. Cox disputed the audit's conclusions and provided additional records and explanations, which led to a reduction in the claimed amount. Those explanations show that the questioned practices have changed and continued underpayment for other periods is not likely. To resolve the City's claim for unpaid franchise fees, together with interest and audit costs and expenses, the Law Department recommends that, the City accept payment of $213,207.00 in settlement and release of all unpaid franchise fee claims for the period of 2006 through the approval of this resolution. The settlement and release of any further claims is documented in the attached Settlement Agreement and Release. Your favorable consideration of this Resolution is respectfully requested. Respect i submitted, T 9 omas O. Mum Deputy City Attorn P\LAW-CITY COUNCIL DOCUMENTS\20I I\30038d1m UCTIBLE 3 RETENTION $ S WORKERS COMPENSATION INC SYATU- OTH- AND EMPLOYERS'LIABILITY N TORY LIMITS ER_, ANY PROPRIETOR/PARTNER/E:XPCUTIVE I I 39848180 02-21-11 02-21-12 E.L.EACH ACCIDENT 3 100,000 OFFICER/MGMBER EXCLUDED? II' A Gary Ie NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 ((yea,deecrlbe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 500 2,000 'OTHER • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OP The ABOVE DESCRIBED POUCIES BE CANCRU.ED BEFORE THE EXPIRATION City of Omaha DATE TNBBEOF,THE ISSUING INSURER WIL 10 1819 Farnam St Ste 2111 L ENDEAVOR TO MAXI DAYS ""u'TE" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO SO SHALL Omaha, NE 68183 IMPOSE NO OBLIGATION OR UA8ILITT OF ANY VINO UPON THE INBURBR,rTO AGENTS OR Fax: 444-6140 REPREMEN TIVES. AUTH REP ATIVE SCORD25(2009/01) 88-2009 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD t:40-'••.„. .' .•••,..,-. .., ...4 ..,, . •,.•r ,• qt. •,-,2--2. ,--". 1."-•''''''s t - ,--. '' -• ; ' . 1•," r:10-•/' 1. ' •• .... • ,•(' " •' •0.-V, ,...4-•.: . . c; -- - 1, ..•; .c.s.: :..,. , Pt —^ 1 ' ' . •,- ,;:i ,.,..e• 0, . „, ;,.• ., •ett, ••"*" , •' t ,• Tfio 4 4f..•=, . , --, ,,., , "Z• 4414 • , 1 3380 Grant Street Target Area Program N = 3380 Grant Street 300 0 50 1 00 200 streets 11111.1111CAMINMEMII Feet • ieldjirt ' 0 1 Douglas North NRS I,. I_AM _ 1---) Omaha 111114'r !II it South NRSA ,4 IS A ir' m2Aq,U1 WI z y1 , n m n F At+�. Ngz o��!g-V R A PPmi Ao tml mg z ybos_Sx_ 'r 7-. m m0 z 2 , ' cl No < o s x ,`f.=`m,,,m., ,'"rg,,3y�o � rim 41- a. _s S1A � a n 51 c - c \` v`; i <� '^c"mizo `� ogni Do' y^r d+ k i% x -yz c m n F = o m = ioN�R o %.oy ' 4 % o za..'z H- z >z i� 4 ,mii� m�mfz�Ao�t7 'r^i �PZ.y ��'.�i;�// �^ a6c� o� .o, ;\' 4 2 rWiPee.i;0129 �mcmtoa a �fR' .`�'// oo -m m - N zA-31 m "p - zooi 44 FA Aao I Mil „ ,�o Mil (D I F3 n ! e8m'-.io ,,� p 3szs°o 2 e Z �c C��A I R i W. 1 D9, T�p'c�p, $ 4 Z ' THE COLONIES REPLAT 13 2 O ° s� ��HI _ LOTS 1 AND 2 1 D I - L v rnal document contaminant,toxic,or hazardous substance at the site. of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses • incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet uneamed and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release(the"Settlement Agreement") is effective April 1, 2011, by the City of Omaha,Nebraska(the "City") and Cox Communications Omaha, LLC ("Cox"). RECITALS WHEREAS, Cox operates a cable system in the City and pays franchise fees pursuant to a franchise agreement("Franchise")between the parties; and WHEREAS, one of the provisions of the Franchise (contained in Section 7 of Ordinance No, 32508, dated October 22, 1991) called for a comprehensive audit to be performed following January 30, 2010 with all expenses arising from the audit to be paid by Cox; and WHEREAS,based upon the findings of the City's audit, Cox has agreed to submit payment to the City in the amount of Two Hundred Thousand and No/100 Dollars ($200,000)plus the costs associated with the audit to settle past claims on franchise fees due the City for the time period beginning January 1, 2006 until the date of this Settlement Agreement("Accounting Period"); and WHEREAS, Cox and the City now desire to conclude, settle, release and discharge once and forever, all rights, claims, causes of actions, liabilities, disputes and demands relating to the City's past claims on franchise fees paid by Cox to the City during the Accounting Period; AGREEMENTS NOW THEREFORE, in consideration of the foregoing, and in consideration of the mutual promises and obligations hereinafter set forth, and for good and valuable mutual consideration, the receipt and sufficiency of which is hereby acknowledged, the parties to this Settlement Agreement hereto agree as follows: 1. SETTLEMENT AMOUNT The City and Cox have agreed that Cox shall submit payment to the City in the amount of Two Hundred Thirteen Thousand Two Hundred and Seven and No/100 Dollars ($213,207) ("Settlement Amount")to settle past claims on franchise fees for the Accounting Period. This amount represents the settlement of both franchise fees and the audit costs and expenses. It is expressly understood and agreed that the Settlement Amount represents full and complete satisfaction and compromise of any and all claims, causes of action, liabilities, disputes and demands arising out of or in any way related to the City's past claims on franchise fees and audit costs and expenses due the City during the Accounting Period. 1756306v2 n is respectfully requested. Respect i submitted, T 9 omas O. Mum Deputy City Attorn P\LAW-CITY COUNCIL DOCUMENTS\20I I\30038d1m UCTIBLE 3 RETENTION $ S WORKERS COMPENSATION INC SYATU- OTH- AND EMPLOYERS'LIABILITY N TORY LIMITS ER_, ANY PROPRIETOR/PARTNER/E:XPCUTIVE I I 39848180 02-21-11 02-21-12 E.L.EACH ACCIDENT 3 100,000 OFFICER/MGMBER EXCLUDED? II' A Gary Ie NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 ((yea,deecrlbe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 500 2,000 'OTHER • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OP The ABOVE DESCRIBED POUCIES BE CANCRU.ED BEFORE THE EXPIRATION City of Omaha DATE TNBBEOF,THE ISSUING INSURER WIL 10 1819 Farnam St Ste 2111 L ENDEAVOR TO MAXI DAYS ""u'TE" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO SO SHALL Omaha, NE 68183 IMPOSE NO OBLIGATION OR UA8ILITT OF ANY VINO UPON THE INBURBR,rTO AGENTS OR Fax: 444-6140 REPREMEN TIVES. AUTH REP ATIVE SCORD25(2009/01) 88-2009 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD t:40-'••.„. .' .•••,..,-. .., ...4 ..,, . •,.•r ,• qt. •,-,2--2. ,--". 1."-•''''''s t - ,--. '' -• ; ' . 1•," r:10-•/' 1. ' •• .... • ,•(' " •' •0.-V, ,...4-•.: . . c; -- - 1, ..•; .c.s.: :..,. , Pt —^ 1 ' ' . •,- ,;:i ,.,..e• 0, . „, ;,.• ., •ett, ••"*" , •' t ,• Tfio 4 4f..•=, . , --, ,,., , "Z• 4414 • , 1 3380 Grant Street Target Area Program N = 3380 Grant Street 300 0 50 1 00 200 streets 11111.1111CAMINMEMII Feet • ieldjirt ' 0 1 Douglas North NRS I,. I_AM _ 1---) Omaha 111114'r !II it South NRSA ,4 IS A ir' m2Aq,U1 WI z y1 , n m n F At+�. Ngz o��!g-V R A PPmi Ao tml mg z ybos_Sx_ 'r 7-. m m0 z 2 , ' cl No < o s x ,`f.=`m,,,m., ,'"rg,,3y�o � rim 41- a. _s S1A � a n 51 c - c \` v`; i <� '^c"mizo `� ogni Do' y^r d+ k i% x -yz c m n F = o m = ioN�R o %.oy ' 4 % o za..'z H- z >z i� 4 ,mii� m�mfz�Ao�t7 'r^i �PZ.y ��'.�i;�// �^ a6c� o� .o, ;\' 4 2 rWiPee.i;0129 �mcmtoa a �fR' .`�'// oo -m m - N zA-31 m "p - zooi 44 FA Aao I Mil „ ,�o Mil (D I F3 n ! e8m'-.io ,,� p 3szs°o 2 e Z �c C��A I R i W. 1 D9, T�p'c�p, $ 4 Z ' THE COLONIES REPLAT 13 2 O ° s� ��HI _ LOTS 1 AND 2 1 D I - L v rnal document contaminant,toxic,or hazardous substance at the site. of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses • incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet uneamed and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc 2. RELEASE OF CLAIMS For the consideration set forth in this Settlement Agreement, the City does hereby release and forever discharge Cox, and its parents, subsidiaries, officers, directors, shareholders, employees, predecessors, successors and assigns of and from any and all claims, causes of action, liabilities, disputes and demands arising out of or in any way related to the City's past claims on franchise fees due the City during the Accounting Period. Notwithstanding any provisions of this Settlement Agreement, Cox expressly waives any and all rights it may have under applicable laws to recover the Settlement Amount as line items on subscriber bills or as an offset from or against any other past,present or future payment to be made to the City. 3. VOLUNTARY AGREEMENT This Settlement Agreement is freely and voluntarily given by each party, without any duress or coercion, and after each party has consulted with its counsel. Each party has carefully and completely read all of the terms and provisions of this Settlement Agreement. It is understood and agreed by the City and Cox that nothing herein shall be deemed to be an admission of liability by Cox with respect to the matter of this Settlement Agreement. 4. BINDING EFFECT This Settlement Agreement will inure to the benefit of and be binding upon the parties and respective successors and assigns. The parties for themselves and their respective successors, assigns and legatees agree to join in or execute any instruments and to do any other act necessary or proper to carry into effect this or any part of this Settlement Agreement. 5. GOVERNING LAW This Settlement Agreement, and any controversies arising hereunder, shall be interpreted and adjudicated in accordance with the laws of the State of Nebraska, whose courts shall have exclusive jurisdiction thereof 6. FINAL SETTLEMENT This Agreement constitutes a complete and final settlement of any and all claims which have been or could have been asserted by the Parties relating to claims for franchise fees during the Accounting Period. 7. ENTIRE AGREEMENT The Agreement embodies and represents the entire agreement and understanding by,between and among the Parties, supersedes all prior agreements and understandings, if any, relating to and regarding the subject matter hereof, and may be amended, modified or waived only by an agreement in writing executed by all Parties. 2 1756306v2 ITY COUNCIL DOCUMENTS\20I I\30038d1m UCTIBLE 3 RETENTION $ S WORKERS COMPENSATION INC SYATU- OTH- AND EMPLOYERS'LIABILITY N TORY LIMITS ER_, ANY PROPRIETOR/PARTNER/E:XPCUTIVE I I 39848180 02-21-11 02-21-12 E.L.EACH ACCIDENT 3 100,000 OFFICER/MGMBER EXCLUDED? II' A Gary Ie NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 ((yea,deecrlbe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 500 2,000 'OTHER • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OP The ABOVE DESCRIBED POUCIES BE CANCRU.ED BEFORE THE EXPIRATION City of Omaha DATE TNBBEOF,THE ISSUING INSURER WIL 10 1819 Farnam St Ste 2111 L ENDEAVOR TO MAXI DAYS ""u'TE" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO SO SHALL Omaha, NE 68183 IMPOSE NO OBLIGATION OR UA8ILITT OF ANY VINO UPON THE INBURBR,rTO AGENTS OR Fax: 444-6140 REPREMEN TIVES. AUTH REP ATIVE SCORD25(2009/01) 88-2009 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD t:40-'••.„. .' .•••,..,-. .., ...4 ..,, . •,.•r ,• qt. •,-,2--2. ,--". 1."-•''''''s t - ,--. '' -• ; ' . 1•," r:10-•/' 1. ' •• .... • ,•(' " •' •0.-V, ,...4-•.: . . c; -- - 1, ..•; .c.s.: :..,. , Pt —^ 1 ' ' . •,- ,;:i ,.,..e• 0, . „, ;,.• ., •ett, ••"*" , •' t ,• Tfio 4 4f..•=, . , --, ,,., , "Z• 4414 • , 1 3380 Grant Street Target Area Program N = 3380 Grant Street 300 0 50 1 00 200 streets 11111.1111CAMINMEMII Feet • ieldjirt ' 0 1 Douglas North NRS I,. I_AM _ 1---) Omaha 111114'r !II it South NRSA ,4 IS A ir' m2Aq,U1 WI z y1 , n m n F At+�. Ngz o��!g-V R A PPmi Ao tml mg z ybos_Sx_ 'r 7-. m m0 z 2 , ' cl No < o s x ,`f.=`m,,,m., ,'"rg,,3y�o � rim 41- a. _s S1A � a n 51 c - c \` v`; i <� '^c"mizo `� ogni Do' y^r d+ k i% x -yz c m n F = o m = ioN�R o %.oy ' 4 % o za..'z H- z >z i� 4 ,mii� m�mfz�Ao�t7 'r^i �PZ.y ��'.�i;�// �^ a6c� o� .o, ;\' 4 2 rWiPee.i;0129 �mcmtoa a �fR' .`�'// oo -m m - N zA-31 m "p - zooi 44 FA Aao I Mil „ ,�o Mil (D I F3 n ! e8m'-.io ,,� p 3szs°o 2 e Z �c C��A I R i W. 1 D9, T�p'c�p, $ 4 Z ' THE COLONIES REPLAT 13 2 O ° s� ��HI _ LOTS 1 AND 2 1 D I - L v rnal document contaminant,toxic,or hazardous substance at the site. of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses • incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet uneamed and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc IN WITNESS WHEREOF, the parties have executed this Settlement Agreement as their free and voluntary acts and deeds, effective as of the date first above written. CITY OF OMAHA,NEBRASKA COX COMMUNICATIONS OMAHA, LLC By: le , By: ' 11e3,0-Dt ef-k/t-,-A( M. Or Its: VP / Gm By: Ci y Clerk 3 1756306v2 � N o'o 0 0 SD idflh —:0 oN61> D c • f I.'j114)% /b : 1 11 .i r' � R i f i �I' , , , 1, \ \\' 1\ .' I r . a— i_--f_..K* t. p h �� • Y . *• 21 t' '. ` stem. • z.. Property Owner / Date jeute),..$), Property Owner Date 4 r project OPW 52124 • ti C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,the City of Omaha has awarded Cox Communications Omaha,LLC,("Cox")a franchise to operate a cable communications system within the City in accordance with a franchise agreement between the parties ("the Franchise Agreement") and Cox continues to operate that system; and, WHEREAS,the Franchise Agreement requires Cox pay a franchise fee based on a percentage of gross revenues as that term is defined therein; and, WHEREAS,a comprehensive audit called for by the Franchise Agreement was performed on the franchise fees due for the 2008 and 2009 calendar years; and, WHEREAS,the comprehensive audit reported an underpayment of franchise fees for those calendar years and the City submitted to Cox a claim for additional payment of franchise fees;and, WHEREAS, the amount of franchise fees due for the audit period and other periods is a disputed matter between Cox and the City; and, WHEREAS,this City Council determines it is in the best interest of the City of Omaha and its residents to resolve the franchise fee claim by settlement as outlined in the attached Settlement Agreement and Release. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the attached Settlement Agreement and Release between the City of Omaha and Cox Communications Omaha,LLC,providing for payment of Two Hundred Thirteen Thousand Two Hundred and Seven dollars($213,207.00)to the City to settle claims for unpaid cable television franchise fees due the City, and audit costs and expenses, is hereby approved. The Mayor is authorized to sign, and the City Clerk to attest,the attached Agreement. • APPRO AS TO FORM: 33/-/ CI RNEY DATE pu.' W CITY CO pCUMENTS \30039d1m By '- _ Councilmember Adopted �,'R 5 ,.7-� .-%-, ' - -,- ® d - - _ Ci Clerk 4 b 6. Approved a . Mayor d. 7. ENTIRE AGREEMENT The Agreement embodies and represents the entire agreement and understanding by,between and among the Parties, supersedes all prior agreements and understandings, if any, relating to and regarding the subject matter hereof, and may be amended, modified or waived only by an agreement in writing executed by all Parties. 2 1756306v2 ITY COUNCIL DOCUMENTS\20I I\30038d1m UCTIBLE 3 RETENTION $ S WORKERS COMPENSATION INC SYATU- OTH- AND EMPLOYERS'LIABILITY N TORY LIMITS ER_, ANY PROPRIETOR/PARTNER/E:XPCUTIVE I I 39848180 02-21-11 02-21-12 E.L.EACH ACCIDENT 3 100,000 OFFICER/MGMBER EXCLUDED? II' A Gary Ie NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 ((yea,deecrlbe under SPECIAL PROVISIONS below EL DISEASE-POLICY LIMIT $ 500 2,000 'OTHER • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OP The ABOVE DESCRIBED POUCIES BE CANCRU.ED BEFORE THE EXPIRATION City of Omaha DATE TNBBEOF,THE ISSUING INSURER WIL 10 1819 Farnam St Ste 2111 L ENDEAVOR TO MAXI DAYS ""u'TE" NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE To DO SO SHALL Omaha, NE 68183 IMPOSE NO OBLIGATION OR UA8ILITT OF ANY VINO UPON THE INBURBR,rTO AGENTS OR Fax: 444-6140 REPREMEN TIVES. AUTH REP ATIVE SCORD25(2009/01) 88-2009 ACORD CORPORATION- All rights reserved. The ACORD name and logo are registered marks of ACORD t:40-'••.„. .' .•••,..,-. .., ...4 ..,, . •,.•r ,• qt. •,-,2--2. ,--". 1."-•''''''s t - ,--. '' -• ; ' . 1•," r:10-•/' 1. ' •• .... • ,•(' " •' •0.-V, ,...4-•.: . . c; -- - 1, ..•; .c.s.: :..,. , Pt —^ 1 ' ' . •,- ,;:i ,.,..e• 0, . „, ;,.• ., •ett, ••"*" , •' t ,• Tfio 4 4f..•=, . , --, ,,., , "Z• 4414 • , 1 3380 Grant Street Target Area Program N = 3380 Grant Street 300 0 50 1 00 200 streets 11111.1111CAMINMEMII Feet • ieldjirt ' 0 1 Douglas North NRS I,. I_AM _ 1---) Omaha 111114'r !II it South NRSA ,4 IS A ir' m2Aq,U1 WI z y1 , n m n F At+�. Ngz o��!g-V R A PPmi Ao tml mg z ybos_Sx_ 'r 7-. m m0 z 2 , ' cl No < o s x ,`f.=`m,,,m., ,'"rg,,3y�o � rim 41- a. _s S1A � a n 51 c - c \` v`; i <� '^c"mizo `� ogni Do' y^r d+ k i% x -yz c m n F = o m = ioN�R o %.oy ' 4 % o za..'z H- z >z i� 4 ,mii� m�mfz�Ao�t7 'r^i �PZ.y ��'.�i;�// �^ a6c� o� .o, ;\' 4 2 rWiPee.i;0129 �mcmtoa a �fR' .`�'// oo -m m - N zA-31 m "p - zooi 44 FA Aao I Mil „ ,�o Mil (D I F3 n ! e8m'-.io ,,� p 3szs°o 2 e Z �c C��A I R i W. 1 D9, T�p'c�p, $ 4 Z ' THE COLONIES REPLAT 13 2 O ° s� ��HI _ LOTS 1 AND 2 1 D I - L v rnal document contaminant,toxic,or hazardous substance at the site. of Client to facilitate administrative requirements of Client's operations. 13.CHANGES 20. SEVERABILITY Client shall have the right to make changes within the general scope of BMCD's services, with an appropriate change in compensation and Any unenforceable provision herein shall be amended to the extent schedule, upon execution of a mutually acceptable amendment or necessary to make it enforceable;if not possible,it shall be deleted change order signed by authorized representatives of Client and and all other provisions shall remain in full force and affect. BMCD. -END- 14.TERMINATION Services may be terminated by Client or BMCD by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If so terminated, Client shall pay BMCD all amounts due BMCD for all services properly rendered and expenses • incurred to the date of receipt of notice of termination,plus reasonable costs incurred by BMCD in terminating the services. In addition,Client may terminate the services for Client's convenience upon payment of twenty percent of the yet uneamed and unpaid estimated, lump sum, or not-to-exceed fee,as applicable. BMcD Consulting T and C KC Rev 0 051104_Omaha MGP Data Gap Proposal.doc C .: W cn ';3 n - n 4 (D N E p O o 0.. . � off ° cv \' 0 co 0- I ci o nf tea. • Q So : 0-W a LN c 1: c: 'a-;,'(17 0 (-) 1 En ca.,,. coo O cn 0 C1Q o.. , • • o 0 0 SD idflh —:0 oN61> D c • f I.'j114)% /b : 1 11 .i r' � R i f i �I' , , , 1, \ \\' 1\ .' I r . a— i_--f_..K* t. p h �� • Y . *• 21 t' '. ` stem. • z.. Property Owner / Date jeute),..$), Property Owner Date 4 r project OPW 52124 • ti