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