ORD 38912 - Amendment to agmt with NE department of labor for transfer of administrative responsibilities 'J
'O�,aN�►AHA,
.� ' 's� Law Department
zIfI�C�'n Omaha/Douglas Civic Center
c�i.[2 �� a� a 1819 Farnam Street,Suite 804
.A ry• ��'-�. Omaha,Nebraska 68183-0804
pk = �� (402)444-5115
42'FD FEBR3r Ln.
r N'_ Telefax(402)444-5125
Cityof Omaha C t %1:F i "t tt
ma ,4 Paul D.Kratz
Jim Suttle,Mayor tf;!; City Attorney
Honorable President
and Members of the City Council, •
This Ordinance approves the Third Amendment to the Interlocal Agreement between the City of
Omaha and the State of Nebraska, Department of Labor, through June 20, 2011. The agreement
allows Nebraska Department of Labor to deliver services in compliance with the Workforce
Investment Act. The funding used to pay Nebraska Department of Labor for the delivery of said
services is made available through a grant from the Workforce Investment Act (WIA). This
Amendment shall provide for the transfer of administrative responsibilities commencing on
January 1, 2011 to the Mayor of the City of Omaha as the designated Chief Elected Official of
the Tri-County Workforce Investment Area.
Your favorable consideration is requested.
Res ctfully s bmitted,
Rosemarie B. Lee
Assistant City Attorney
• p:\law—city council documents\2010\50079s1w.doc
maha North of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
High School and assistance with the 21st
Century Community Learning Center;the City ' published daily in the English language, having a bona fide paid
will provide personnel for the term of
August 16,2010,through August 30,2011,in circulation in Douglas County in excess of 300 copies, printed in
an amount not to exceed 936,030.00;and to ' Omaha,in said County of Douglas,for more than fifty-two weeks last
provide
rnd ne for
and,to provide optionse should past; that the printed notice hereto attached was published in THE 9 provide an effective
date hereof.
PASSED:December 21,2010,7-0 + DAILY RECORD,of Omaha,on
SUTLJMTE I December 29 , 2010
12/23/10
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
12-29-10
- That said Newspaper during that time was r• • arty published and
in gen= circulation in the County of Dougl. .t -6f Nebraska.
•
04
��QQ'.C2F'N�RA Subscribed in my pres j • :.•, swo .before
•
}dblisher's.ga..C 2 6. 0 9 me this ' 29 t / day of
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n equivalent federal program designated by the
United States Department of Homeland Security or other federal agency authorized to verify the work
7
rch utilizing the information
obtained through the performance of this Agreement without the prior express
written consent of the District. The term "research" shall mean the investigation,
analysis, or review of information, other than aggregate statistical information,
6
ective' le �., . r'j•date hereof. r
PASSED:December21,2010,7-0 1Iddit'ronal Copies § t 1 - - :zb - ti 20_1_0
APPROVED BY: �t� Mqv F j. ,��,�'
JIM SUTTLE n,"Total.'••-' S. _
12/23/10 . , -r'GtY• Not P i• •�i : d '.r �rlas County,
MAYOR OF THE T,, ` Notary
CITY OF OMAHA - Sta ' of Nebraska
•MINNIME•11111 BUSTER BROWN,
City Clerk .
12-29-10
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III
• ORDINANCE NO. 3f 9,/
AN ORDINANCE to approve a Third Amendment to the Interlocal Agreement between the City
of Omaha, [the Mayor as the designated Chief Elected Official of the Tri-County
Workforce Area (which includes Douglas, Sarpy and Washington Counties)], and the
State of Nebraska, Department of Labor, said agreement involving appropriations out of
more than one year as provided by Section 5.17 of the Home Rule Charter, to agree that
Nebraska Department of Labor provide the delivery of Title I Adult/Dislocated Worker
and Youth services in the Tri-County Workforce Investment Area; to provide for the
transfer of administrative responsibilities commencing on January 1, 2011 to, the Mayor
of the City of Omaha as the designated Chief Elected Official of the Tri-County
Workforce Investment Area; and to provide for the effective date hereof
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. That the Third Amendment to the Interlocal Agreement between the City of
Omaha [the Mayor as the designated Chief Elected Official] and the State of Nebraska,
Department of Labor is attached hereto.
Section 2. This Ordinance, not being of legislative character, and in accordance'with
Section 2.12 of the Home Rule Charter of the City of Omaha, shall be in full force and take
effect immediately upon the date of its passage.
INTRODUCED BY COUNCILMEMBER
IPAl��°1fr APPROVED BY:
o-' , O
MA R OF THE CITY OF OMAHA A E
PASSED DEC 2 1 2010 o
the English language, having a bona fide paid
will provide personnel for the term of
August 16,2010,through August 30,2011,in circulation in Douglas County in excess of 300 copies, printed in
an amount not to exceed 936,030.00;and to ' Omaha,in said County of Douglas,for more than fifty-two weeks last
provide
rnd ne for
and,to provide optionse should past; that the printed notice hereto attached was published in THE 9 provide an effective
date hereof.
PASSED:December 21,2010,7-0 + DAILY RECORD,of Omaha,on
SUTLJMTE I December 29 , 2010
12/23/10
MAYOR OF THE
CITY OF OMAHA
BUSTER BROWN,
City Clerk
12-29-10
- That said Newspaper during that time was r• • arty published and
in gen= circulation in the County of Dougl. .t -6f Nebraska.
•
04
��QQ'.C2F'N�RA Subscribed in my pres j • :.•, swo .before
•
}dblisher's.ga..C 2 6. 0 9 me this ' 29 t / day of
4 •,•• C0
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Additional Ci, 'ies $ D e i' mb 20 10
a. •
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!'j,: Notary P 'c in . 'o i unty,
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n equivalent federal program designated by the
United States Department of Homeland Security or other federal agency authorized to verify the work
7
rch utilizing the information
obtained through the performance of this Agreement without the prior express
written consent of the District. The term "research" shall mean the investigation,
analysis, or review of information, other than aggregate statistical information,
6
ective' le �., . r'j•date hereof. r
PASSED:December21,2010,7-0 1Iddit'ronal Copies § t 1 - - :zb - ti 20_1_0
APPROVED BY: �t� Mqv F j. ,��,�'
JIM SUTTLE n,"Total.'••-' S. _
12/23/10 . , -r'GtY• Not P i• •�i : d '.r �rlas County,
MAYOR OF THE T,, ` Notary
CITY OF OMAHA - Sta ' of Nebraska
•MINNIME•11111 BUSTER BROWN,
City Clerk .
12-29-10
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ORDINANCE NO. 942.
Page 2
ATTEST:
D
CI c,LERKic,,OF-THE CITY CFi.OMA. DATE
•
AP' 'OV D AS TO FORM:
A/ /
"*. �/ . / f_/ /, . �l
ASSIS ANT C. •'ATT Air' DATE
p:\law—city council documents\2010\50080s1w.doc
rements of Neb.Rev.Stat. §§4-108 - 113.
EXECUTED this 0(5- day of (1 ems+ , 2010.
ATTEST: DOUGLAS COUNTY SCHOOL DISTRICT 0001
lac
B •
Superintendent/President
yl
EXECUTED this day of sei'" , 2010.
ATTEST: ,. CITY OF OMAHA, a Municipal Corporation
Tt
BY:
Buster Brown,'City"Clerk Jim Suttle, Mayor
APPROVED AS TO:
Assis t City Attorney
S:\OPD\1143ddr
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3rd AMENDMENT
To
INTERLOCAL AGREEMENT
WHEREAS, on or about November 7, 2005, the Mayor of the City of Omaha, Nebraska, as the designated
Chief Elected Official of the Tri-County Workforce Investment Area(Mayor), and the Nebraska Department
of Labor (NDOL) entered into an Interlocal Agreement for the provision of Title I WIA services in the Tri-
County Workforce Investment Area(Tri-County); and,
WHEREAS, on or about June 12, 2007, that Interlocal Agreement was amended and extended through June
30,2009; and,
WHEREAS, on or about February 10, 2009, that Interlocal Agreement was amended and extended for a
second time through June 30, 2011; and,
WHEREAS, the Mayor and NDOL desire to further amend said Interlocal Agreement to provide for the
transfer of administrative responsibilities commencing January 1,2011 to the Mayor of the City of Omaha as
the designated Chief Elected Official of the Tri-County Workforce Investment Area; and,
WHEREAS, administrative responsibilities includes the right to expend administrative funds granted to the
Tri-County area pursuant to the Workforce Investment Act of 1998.
NOW THEREFORE, THE PARTIES AGREE that the original Interlocal Agreement, as amended on or
about June 12,2007 and February 10,2009, is further amended as follows.
1. The acronym NDOL shall be substituted for the acronyms NWD or NWD-DOL wherever they may
appear.
2. Paragraph II, subparagraphs A and B are amended to read as follows:
A. NDOL will negotiate an agreement with the TCWIB for administrative oversight, management, and
support of WIA Title I Youth Services programs under the existing WIA Title I Youth Services
contract scheduled to expire on June 20, 2011. The contract for the provision of Youth Services
may be extended beyond June 30, 2011 with the written approval of the TCWIB as the Mayor's
designee, but administrative oversight, management, and support shall be the sole responsibility of
the Mayor or his designee from and after July 1,2011.
B. Until June 30, 2011, NDOL is granted authority to verify contract compliance with the youth
contractor, to require specific actions by the youth contractor, and to terminate the youth contractor
according to the youth contract terms. NDOL will be compensated for its services in accordance
with such agreement as it may reach with the TCWIB as the Mayor's designee.
3. Paragraph II, subparagraph F is stricken in its entirety.
4. Paragraph III, subparagraphs C,D and E are amended by to read as follows:
C. NDOL will be expected to meet all of the federal performance measures for Adult and Dislocated
Worker program services through June 30, 2011 and for the Youth programs so long as the Youth
program is overseen by NDOL.
•
!'j,: Notary P 'c in . 'o i unty,
` e of e. aska
\. ti4
•
n equivalent federal program designated by the
United States Department of Homeland Security or other federal agency authorized to verify the work
7
rch utilizing the information
obtained through the performance of this Agreement without the prior express
written consent of the District. The term "research" shall mean the investigation,
analysis, or review of information, other than aggregate statistical information,
6
ective' le �., . r'j•date hereof. r
PASSED:December21,2010,7-0 1Iddit'ronal Copies § t 1 - - :zb - ti 20_1_0
APPROVED BY: �t� Mqv F j. ,��,�'
JIM SUTTLE n,"Total.'••-' S. _
12/23/10 . , -r'GtY• Not P i• •�i : d '.r �rlas County,
MAYOR OF THE T,, ` Notary
CITY OF OMAHA - Sta ' of Nebraska
•MINNIME•11111 BUSTER BROWN,
City Clerk .
12-29-10
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• D. NDOL will track and monitor Adult, Dislocated Worker and Youth participant activities and
performance requirements through June 30, 2011. From and after January 1, 2011 through June 30,
2011,NDOL will track and monitor Adult, Dislocated Worker and Youth participant activities and
performance requirements and provide such information to the TCWIB as the Mayor's designee for
federal reporting purposes.
E. NDOL will serve as the fiscal agent to the Tri-County Area through December 31, 2010 or such
later date as agreed upon with the Mayor or his designee, but no later than June 30, 2011. If NDOL
remains as fiscal agent beyond December 31, 2010, NDOL shall be compensated for such services
in accordance with an agreement negotiated with the TCWIB as the Mayor's designee.NDOL shall
provide accounting and financial responsibility services for program expenditures using the State's
official accounting system [Nebraska Information System (NIS)] and in accordance with all
applicable state and federal rules, regulations, guidelines, and law. So long as it continues to serve
as the fiscal agent for the Tri-County area,NDOL will act on behalf of the City of Omaha Finance
Director as the TCWIB Treasurer, as described in ¶3(h) of the Local Workforce Investment Area
Interlocal Agreement between the City of Omaha and Counties.
5. Paragraph IV is stricken in its entirety.
6. Paragraph V,subparagraph B is stricken in its entirety.
7. Paragraph VII is amended by adding a new subparagraph VII(C)to read as follows:
VII. FUNDING
C. Unobligated and unencumbered Administrative Funds available to the Tri-County area for
Program Year 2010 and any remaining expendable funds from prior program years shall be
made available to the Mayor of City of Omaha as the designated Chief Elected Official of
the Tri-County Workforce Investment Area,effective January 1,2011.
All other terms and conditions of the November 7,2005 Interlocal Agreement as Amended on or about
June 12,2007 and February 10,2009 shall remain in full force and effect.
IN WITNESS HEREOF, THE PARTIES HAVE AGREED TO THE ABOVE AS OF THE DATES
INDICATED,EACH DULY AUTHORIZED TO DO SO.
, ,i/d/tIAA
Date CATHERINE D.LANG,Commissioner oktabor
Nebraska Department of Labor
,✓
fP,
Date JIM�; L , ayor
C e'of Omaha—Chief Elected Official
ATTEST;
/) 7h 23, �Gio
CITY CLERK - Date
C. NDOL will be expected to meet all of the federal performance measures for Adult and Dislocated
Worker program services through June 30, 2011 and for the Youth programs so long as the Youth
program is overseen by NDOL.
•
!'j,: Notary P 'c in . 'o i unty,
` e of e. aska
\. ti4
•
n equivalent federal program designated by the
United States Department of Homeland Security or other federal agency authorized to verify the work
7
rch utilizing the information
obtained through the performance of this Agreement without the prior express
written consent of the District. The term "research" shall mean the investigation,
analysis, or review of information, other than aggregate statistical information,
6
ective' le �., . r'j•date hereof. r
PASSED:December21,2010,7-0 1Iddit'ronal Copies § t 1 - - :zb - ti 20_1_0
APPROVED BY: �t� Mqv F j. ,��,�'
JIM SUTTLE n,"Total.'••-' S. _
12/23/10 . , -r'GtY• Not P i• •�i : d '.r �rlas County,
MAYOR OF THE T,, ` Notary
CITY OF OMAHA - Sta ' of Nebraska
•MINNIME•11111 BUSTER BROWN,
City Clerk .
12-29-10
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•
REV D A►• APPROVED
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ASS TINT CITY ATTORNEY Date
City of Omaha
.�:> 11/ / (b
JO•N MODRELL,Ex. Dir. Employment&Training Date
.raska Department o
C/09-1///°
JOHN gency Legal Counsel Date
Neb sk epartment of Labor
<„,k2.4.11/4.1utict)1/4.4
DEBBIE K. WARD, Controller Date
Nebraska Department of Labor
p:\Iaw—city council documents\2010\50082s1w.doc
sident
yl
EXECUTED this day of sei'" , 2010.
ATTEST: ,. CITY OF OMAHA, a Municipal Corporation
Tt
BY:
Buster Brown,'City"Clerk Jim Suttle, Mayor
APPROVED AS TO:
Assis t City Attorney
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unty Workforce Investment Area,effective January 1,2011.
All other terms and conditions of the November 7,2005 Interlocal Agreement as Amended on or about
June 12,2007 and February 10,2009 shall remain in full force and effect.
IN WITNESS HEREOF, THE PARTIES HAVE AGREED TO THE ABOVE AS OF THE DATES
INDICATED,EACH DULY AUTHORIZED TO DO SO.
, ,i/d/tIAA
Date CATHERINE D.LANG,Commissioner oktabor
Nebraska Department of Labor
,✓
fP,
Date JIM�; L , ayor
C e'of Omaha—Chief Elected Official
ATTEST;
/) 7h 23, �Gio
CITY CLERK - Date
C. NDOL will be expected to meet all of the federal performance measures for Adult and Dislocated
Worker program services through June 30, 2011 and for the Youth programs so long as the Youth
program is overseen by NDOL.
•
!'j,: Notary P 'c in . 'o i unty,
` e of e. aska
\. ti4
•
n equivalent federal program designated by the
United States Department of Homeland Security or other federal agency authorized to verify the work
7
rch utilizing the information
obtained through the performance of this Agreement without the prior express
written consent of the District. The term "research" shall mean the investigation,
analysis, or review of information, other than aggregate statistical information,
6
ective' le �., . r'j•date hereof. r
PASSED:December21,2010,7-0 1Iddit'ronal Copies § t 1 - - :zb - ti 20_1_0
APPROVED BY: �t� Mqv F j. ,��,�'
JIM SUTTLE n,"Total.'••-' S. _
12/23/10 . , -r'GtY• Not P i• •�i : d '.r �rlas County,
MAYOR OF THE T,, ` Notary
CITY OF OMAHA - Sta ' of Nebraska
•MINNIME•11111 BUSTER BROWN,
City Clerk .
12-29-10
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• -NOTICE TO PUBLIC" THE DAILY RECORD
The following Ordinance has been set for �/�
City Council Hearing,on December 14, OF OMAHA
2010,at 2:00 p.m:it,t�,.
AN ORDINANCE,,to' approve a Third RONALD A. HENNINGSEN, Publisher
Amendment 'to the- lnterlocal Agreement
between the City,of;Omaha,[the Mayor as the PROOF OF PUBLICATION
designated Chief1Electeif-Official of the Tri-
County WorkforceeAfeea •(which,,includes
Douglas, Sarpyaind,Wishington+Counties)),
and the State of.Netiraska,^,Department of UNITED STATES OF AMERICA,
Labor, said .r, agreementyy involving The State of
appropriations out of more;than,one year as Nebraska, SS.
provided by Section,5,17_,of,the{Home Rule District of Nebraska,
Charter,to agree that Nebraska Department of
Labor provide the .delivery,,,of.. Title I County of Douglas,
Adult/Dislocated Worker and Youth services in
the Tri-County Workforce Investment Area;to City of Omaha,
provide .for,the.,transfer.:of,.administrative
responsibilities.commencing on January 1,
2011 to the Mayor,of the City,of Omaha as the J. BOYD
designated Chief Elected-Official of the Tri-
County Workforce Investment Area; and to being duly sworn,deposes and says that she is
provide for the effective date hereof.
BUSTER BROWN,
City Clerk LEGAL EDITOR
12-10-10
of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
December 10 , 2010
That said Newspaper during that time was r ly published and
in getieral.Gireulotion'ip the County of Douglas I . %• of Nebraska.
•
NOTARV * Subscribed in my pre c• . •. sworn to before
gN11SS1ON
Publisher ls'ls_ gIRE`4 2 • '0 me this 10 th • day .•
r
Ad 'tioilil Copies :m e ' 201
Notary Public' or 'o. :- ,
at- o • •.ras a
r
JIM�; L , ayor
C e'of Omaha—Chief Elected Official
ATTEST;
/) 7h 23, �Gio
CITY CLERK - Date
C. NDOL will be expected to meet all of the federal performance measures for Adult and Dislocated
Worker program services through June 30, 2011 and for the Youth programs so long as the Youth
program is overseen by NDOL.
•
!'j,: Notary P 'c in . 'o i unty,
` e of e. aska
\. ti4
•
n equivalent federal program designated by the
United States Department of Homeland Security or other federal agency authorized to verify the work
7
rch utilizing the information
obtained through the performance of this Agreement without the prior express
written consent of the District. The term "research" shall mean the investigation,
analysis, or review of information, other than aggregate statistical information,
6
ective' le �., . r'j•date hereof. r
PASSED:December21,2010,7-0 1Iddit'ronal Copies § t 1 - - :zb - ti 20_1_0
APPROVED BY: �t� Mqv F j. ,��,�'
JIM SUTTLE n,"Total.'••-' S. _
12/23/10 . , -r'GtY• Not P i• •�i : d '.r �rlas County,
MAYOR OF THE T,, ` Notary
CITY OF OMAHA - Sta ' of Nebraska
•MINNIME•11111 BUSTER BROWN,
City Clerk .
12-29-10
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•
"NOTICE TO PUBLIC" ' THE DAILY RECORD
ORDINANCE 3891 r. OF O_! - II -
AN ORDINANCE to approve a Third l� '
Amendment to the Intedocal Agreement)
' between the City of Omaha, (the Mayor as. RONALD A. HENNINGSEN, Publisher
the designated Chief Elected Official of the
'Tri-County Workforce Area (which includes; PROOF OF PUBLICATION
I Douglas, Sarpy and Washington Counties)),
and the State of Nebraska, Department of.
appropriations out of more than one year as UNITED STATES OF AMERICA,
prodded by Section 5.17 of the Home Ruler The State of Nebraska,
Charter,to agree that Nebraska Department of SS.
Labor provide the delivery of Title I District of Nebraska,
Adult/Dislocated Worker and Youth services County of Douglas,
in the Tri-County Workforce Investment Area;
to provide for the transfer of administrative City of Omaha, •
responsibilities commencing on January 1,
2011 to the Mayor of the City of Omaha as,
the designated Chief Elected Official of the J.BOYD
Tri-County Workforce Investment Area; and I
to provide for the effective date hereof. being duly sworn,deposes and says that she is
•SUMMARY:
1 AN ;ORDINANCE,.to approve a Third ' LEGAL EDITOR
'Amendment to the Intedocal Agreement
between the City of Omaha, (the Mayor as, of THE DAILY RECORD, of Omaha, a legal newspaper,printed and
the designated Chief Elected.Official of the
•Tri-County Workforce Area (which includes published daily in the English language, having a bona fide paid
Douglas, Sarpy and Washington Countiesli, circulation in Douglas County in excess of 300 copies, printed in
and the State of Nebraska, Department of
'Labor, said agreement involving Omaha,in said County of Douglas,for more than fifty-two weeks last
appropriations out of more than one year as past; that the printed notice hereto attached was published in THE
provided by Section 5,17 of the Home Rule
Charter,to agree that Nebraska Department of DAILY RECORD,of Omaha,on
Labor provide the delivery of Title I
Adult/Dislocated Worker and Youth services' December 29 , 2010
in the Tri-County Workforce Investment Area;
• to provide for the transfer of administrative
responsibilities commencing on January 1,'
2011 to the Mayor of the City of Omaha as..
the designated Chief Elected Official of the
•
Tri-County Workforce Investment Area; and
to provide for the effective date hereof. 1 That s 4 New a er duringthat time w:: arlypublished and
PASSED:December21,2010,7-0 �• p
JIM APPROVED
BY: in gen x l cir hilatipn in the County of Dou: :.r'd ate of Nebraska.
12/23/10 i Q.% OE.Rg4 f� •
v
MAYOR OF THE j �;' � y
• CITY OF OMAHA • f / I) Subscribed in my.i�'` ence and sworn /before '
BUSTER BROWN, NOTARY ,. ,1 1
12-29-10 City Clerk Ptd.J h r'c CIS 35 v me this 29th day of
r E(PIR
. Ad •tioa al Copies $ I - - rrha - cd ,/ 20_10
-
f'Po't• .5..�$`1��• Q /V
r i, i,V, Notary Pub 6 ' : r 1 f' i o._las County,
_- _ - b Stat• if Nebraska
6
ective' le �., . r'j•date hereof. r
PASSED:December21,2010,7-0 1Iddit'ronal Copies § t 1 - - :zb - ti 20_1_0
APPROVED BY: �t� Mqv F j. ,��,�'
JIM SUTTLE n,"Total.'••-' S. _
12/23/10 . , -r'GtY• Not P i• •�i : d '.r �rlas County,
MAYOR OF THE T,, ` Notary
CITY OF OMAHA - Sta ' of Nebraska
•MINNIME•11111 BUSTER BROWN,
City Clerk .
12-29-10
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