RES 2010-0543 - Grant request contract to NE environmental trust for Hummel Park nature camp center Parks,Recreation &
Z.:.' 's1 Public Property Department
RECEIVED
Omaha/Douglas Civic Center
z «� APR 23 p j '; [ i 1819 Farnam Street,Suite 701
°�A ' ' "ry' Omaha,Nebraska 68183-0701
°��rFn FeaR`�r�y t r ' (402)444-5900
CITY j L-tti t\ FAX(402)444-4921
City of Omahac, NEBi�t .C?K4
Jim Suttle,Mayor May 4, 2010 [Z
Honorable President
and Members of the City Council,
Attached for your consideration is a Resolution that approves an application to the Nebraska
Environmental Trust between the City of Omaha and the Nebraska Environmental Trust for
$350,000 in grant funds to be used for the design and construction of a new Hummel Park Nature
Camp Center in Hummel Park, 9210 Hummel Road, Omaha, Nebraska. This project will include a
counselor's office, kitchen, nature education room, arts and crafts room, restrooms and storm shelter.
The City of Omaha will contribute up to an additional $1,000,000 toward this project as outlined in
the 2010-2015 CIP. Funds will be paid from the 2006 Park and Recreation Bond Fund No. 13354.
Hummel Park Day Camp has been an Omaha nature camp program since 1948, operated by the City
of Omaha. The 200-acre park is located in the loess hills on the north edge of Omaha and is heavily
wooded with native trees and vegetation. The nature camp serves 2,200 children each summer,
providing opportunities for nature hikes, learning and participating in archery, arts and crafts, nature,
outdoor cooking, camp singing and much more.
The camp contains three existing buildings which are in critical need of replacement in order for the
program to continue. The buildings no long meet current building codes or accessibility guidelines
and are in very poor condition.
The project's design will incorporate sustainable, energy efficient technology. It will be sensitive to
the surrounding environment in terms of site, materials and scale. It will serve as an example of
green technology not only to the children who attend the camp, but also to adults who will be
encouraged to utilize the building for meetings,retreats and seminars.
Your favorable consideration of this Resolution is respectfully requested.
Respectfully submitted,
12.1,0
Melin a Pearson, Director Date
Parks,Recreation and
Public Property Department
Approved as to Eundili : Referre s : ' Council for Consideration:
aeig.
St-da j4j
AL 23 1 rZ_OR
Pam. Spaccarotella,Director ( :ro Date Mayor�i'ffic Date
0 ,Finance Department 4�
p:1291 dkj
must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the
Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any questions regarding the
Contract Compliance Ordinance or PBE/DBE Listings should be directed to the Human Relations Department at(402)444-5055.
" Refer any Questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department(402)444-7155 or as shown on bid.
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NEBRASKA
—GAME( ®PARKS—
Nebraska Game and Parks Commission
2200 N.33rd St.•P.O. Box 30370•Lincoln, NE 68503-0370•Phone:402-471-0641 • Fax:402-471-5528(
RECEIVED
March 9, 2010MAR I 2
Lisa Beethe
Nebraska Environmental Trust NEBRASKA ENVIRONMENTAL TRUST
700 S. 16th Street
P.O. Box 94913
Lincoln,NE 68509-4913
Re: Nebraska Environmental Trust Applications Under Consideration
Threatened and Endangered Species Review
Dear Ms. Beethe,
Please make reference to your letter dated January 14,2010. This letter is in response to your request
for a review of the Nebraska Environmental Trust Applications for impacts to threatened and
endangered species. We have conducted our review of the proposed projects under Neb. Rev. Stat. §
37-807 (3) of the Nongame and Endangered Species Conservation Act and we offer the following
comments.
The application included in this review is:
#10-144 City of Omaha—Park&Rec. Hummel Park Nature Camp Center
Records of American ginseng(Panax quinquefolium)exist within one mile of the project area, and
suitable habitat for this species is present within the project area. American ginseng is a state-listed
threatened plant. It is a long-lived herbaceous perennial that is very similar in appearance to several
closely related and much more abundant species. In Nebraska,American ginseng grows only in deep
woods in shady ravines of the easternmost counties. The medicinal qualities of this plant have aided in
its decline due to unregulated collecting.
Prior to construction, a qualified biologist or botanist who can identify American ginseng should
survey the areas that will be disturbed as a result of this project. These areas may include,but are not
limited to,vehicle parking areas, equipment staging sites,material storage sites, demolition sites,
construction sites,borrow sites, and access roads. The survey should be conducted during the growing
season(May 15—September 15). After the survey is complete, a survey report should be sent to
Michelle Koch,Environmental Analyst Supervisor,Nebraska Game and Parks Commission
(Commission). If this species is found during the survey,further consultation with the
Commission will be needed in order to avoid adverse impacts to this species.
See Vou Out There
www.OutdoorNebraska.org
fully requested.
Respectfully submitted,
12.1,0
Melin a Pearson, Director Date
Parks,Recreation and
Public Property Department
Approved as to Eundili : Referre s : ' Council for Consideration:
aeig.
St-da j4j
AL 23 1 rZ_OR
Pam. Spaccarotella,Director ( :ro Date Mayor�i'ffic Date
0 ,Finance Department 4�
p:1291 dkj
must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the
Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any questions regarding the
Contract Compliance Ordinance or PBE/DBE Listings should be directed to the Human Relations Department at(402)444-5055.
" Refer any Questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department(402)444-7155 or as shown on bid.
`1r (PLEASE PRINTN1 LEGIBLY OR TYPE)
Payment I erms "/o N T aO Firm SiJPP S frtrrato 4.4C4A.r-.. In rat n
Delivery(or completion) Name liv'1C.r' aJeRr,r� t-h Signature .—,:,
l - Z calendar days following award Title Sles s--1 Phone gal.-4.7(,' .92 Fax O Z.-- 220.L
Address qs t S . 1 4-1.8' S-(~ anAA t A/c Gf/.3i'
Street/P.O.tiox City state Lip
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The project proponent should also be aware that under the Migratory Bird Treaty Act(MBTA) (16
U.S.C. 703-712: Ch. 128 as amended), construction activities in grassland, wetland, stream, woodland,
and river bank habitats that would otherwise result in the taking of migratory birds, eggs,young,
and/or active nests should be avoided. Although the provisions of MBTA are applicable year-round,
most migratory bird nesting activity in Nebraska occurs during the period of April 1 to July 15.
However, some migratory birds are known to nest outside of the aforementioned primary nesting
season period. For example, some raptors may begin nesting in late January or February, whereas
sedge wrens,which occur in some wetland habitats,normally nest from July 15 to September 10. If
development(including tree removal)in this area is planned to occur during the primary nesting
season or at any other time which may result in the take of nesting migratory birds, we request that a
qualified biologist conduct a field survey for nesting migratory birds. Adherence to these guidelines
will help avoid the unnecessary take of migratory birds.
At this time,we cannot determine whether or not this project will adversely impact state-listed
threatened or endangered species since survey work for American ginseng has not been completed. If
surveys indicate American ginseng is not present at the site,then there will not be any adverse impacts
to this species as a result of this project. If surveys indicate this species is present at this site,we
are confident we will be able to work with the project proponent in order to avoid impacts and to
allow their project to move forward. After the survey for American ginseng is conducted, a survey
report should be submitted(as indicated above) for further review by our agency.
We made this decision based on a review of the material you sent, aerial photographs,topographic
maps and our Nebraska Natural Heritage Database.
Thank you for the opportunity to comment. If you have any questions or need additional information,
please feel free to contact me.
Sincerely,
Michelle R. Koch
Environmental Analyst Supervisor
Nebraska Natural Heritage Program
Nebraska Game and Parks Commission
(402)471-5438,michelle.koch@nebraska.gov
2
adverse impacts to this species.
See Vou Out There
www.OutdoorNebraska.org
fully requested.
Respectfully submitted,
12.1,0
Melin a Pearson, Director Date
Parks,Recreation and
Public Property Department
Approved as to Eundili : Referre s : ' Council for Consideration:
aeig.
St-da j4j
AL 23 1 rZ_OR
Pam. Spaccarotella,Director ( :ro Date Mayor�i'ffic Date
0 ,Finance Department 4�
p:1291 dkj
must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department the
Contract Compliance Report(Form CC-1). This report shall be in effect for 24 months from the date received by the Human Relations Department. Any questions regarding the
Contract Compliance Ordinance or PBE/DBE Listings should be directed to the Human Relations Department at(402)444-5055.
" Refer any Questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department(402)444-7155 or as shown on bid.
`1r (PLEASE PRINTN1 LEGIBLY OR TYPE)
Payment I erms "/o N T aO Firm SiJPP S frtrrato 4.4C4A.r-.. In rat n
Delivery(or completion) Name liv'1C.r' aJeRr,r� t-h Signature .—,:,
l - Z calendar days following award Title Sles s--1 Phone gal.-4.7(,' .92 Fax O Z.-- 220.L
Address qs t S . 1 4-1.8' S-(~ anAA t A/c Gf/.3i'
Street/P.O.tiox City state Lip
tmail Address br-740-4—am�'G,1 Ga��r.q�+-� love h is fre-4-.-b . c.o►-►-.
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NEBRASKA ENVIRONMENTAL TRUST
• 2010 GRANT CONTRACT
A. PARTIES TO THE CONTRACT
This contract is entered into by and between the Nebraska Environmental Trust(the Trust) and the City of
Omaha—Department of Parks, Recreation and Public Property (the Sponsor).
B. PRIMARY CONSIDERATIONS OF THE CONTRACT
The Sponsor submitted an application, 10-144—Hummel Park Nature Camp Center to the Trust for a grant on
or before September 8, 2009. On April 1, 2010, following evaluation of the application and any attachments, the Trust
Board approved a grant in the amount of up to $350,000 (contingent upon compliance with the Non-game and
Endangered Species Conservation Act—see attached letter)to be awarded as provided by this contract consistent
with the Environmental Trust Fund Act of 1992 and subsequent provisions, rules and regulations and pending available
funds. The project application and all associated documents are by reference made part of this contract. By entering into
this contract, the Sponsor(s) commit to the implementation of the project as described in the application, and subsequent
correspondence, documentation and amendments.
At the request of the Trust, a new budget outline was prepared by the Sponsor after February 4, 2010. This
outline replaces any previous project budget information submitted and is by reference made part of this grant contract.
C. TERM OF THE FUNDING PERIOD AND CONTRACTUAL OBLIGATIONS
The project funding period shall begin with the last date this contract is signed and shall terminate on
June 30, 2011. Funds not expended within this period shall be immediately forfeited by the Sponsor without action by the
Trust. The terms and conditions of this contract shall remain in effect for the useful life of the project and its components,
except as otherwise provided.
D. REPORTING OBLIGATIONS OF THE SPONSOR
1. Financial Reports and request for disbursement.
The Sponsor hereby agrees to submit properly documented statements of costs for which grant funds are sought,
pursuant to the terms of this contract, for approved grant activities on a form that will be supplied by the Trust. Proper
documentation shall be considered to be original invoices containing the name, address and social security number or
federal tax identification number of the vendor and an itemized list of services or goods with costs and the date of service
or delivery. These statements and reports shall be signed by the project representative of the Sponsor(s).
The Trust will reimburse the Sponsor for these costs following receipt of the statements and reports specified in
this section, subject to conditions contained in this section, Section E and elsewhere in this contract.
The Sponsor agrees to file such statements and reports according to the following schedule:
Project Period Report Due Date
From inception through June 30, 2010 July 31, 2010
From July 1 through September 30, 2010 October 31, 2010
From October 1 through December 31, 2010 January 31, 2011
From January 1 through March 31, 2011 April 30, 2011
From April 1 through June 30, 2011 July 31, 2011
2. Project progress and activity reports.
The Sponsor agrees to provide periodic reports including a narrative description of all project activities,
participants, outcomes, variances and deviations from the project application according to the above schedule.
A final report is also due 30 days after the termination of the contract. This report must include a summary of the
activities, partners, and results of the project from inception to completion and include all in-kind and matching
contributions. This final report must also include quantifying results and statistics about the project's success. The report
should include results such as volumes recycled, acres planted, acres restored, linear feet of bank restored, etc.
2010 Grant Contract Page 1 of 4
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E. CONDITIONS GOVERNING TRANSFER OF FUNDS
The Trust will transfer the funds specified in this contract to the Sponsor following receipt and audit of required
documentation as specified in Section D. The Trust may, at its discretion, reduce the amount of any transfer or withhold
payment pending resolution of any dispute regarding any expenditure, activity or statement submitted by the Sponsor.
All funds disbursed to the Sponsor pursuant to this contract shall be disbursed solely for costs necessarily
incurred in the execution of the project as described in the application and associated documents, including any
amendments thereto which are approved by the Trust.
Any and all interest earned by the grant funds after transfer to the Sponsor are considered a part of the grant and
are subject to all requirements and conditions of the grant. Such interest is to be reported on the first report filed by the
Sponsor as required in Section D of this contract after such interest is accounted to the Sponsor.
Costs paid, accrued or authorized by the Sponsor prior to the effective date of this contract shall be incurred at
the risk of the Sponsor and the Sponsor shall not be entitled to reimbursement without specific Trust approval.
The Trust may suspend financial assistance provided under this contract pending corrective action required of the
Sponsor by the Trust or pending a decision to terminate the grant by the Trust as described in Section K of this agreement
or under any provisions of Nebraska law.
F. PROJECT MODIFICATION
The Sponsor will promptly report all proposed additions, deletions or modifications of any component of the
project, or any changes in the purpose or purposes of the project by submitting to the Trust in writing a request to amend
the agreement. The Trust will not be liable for funding any portion of such additions, deletions or modifications until and
unless it has affirmed in writing to the Sponsor approval of the amendments proposed. Requests for extensions of the
expiration date must be received prior to the expiration date of the contract to be considered. If the extension request
puts the project beyond the three year project limit it must be considered by the Trust board. The board will consider
whether additional time will allow the project to be completed as stated in the application and/or as previously modified
and whether delays in the project timeline are due to circumstances beyond the control of the sponsor. Any funds
remaining at the end of the project period will be returned to the Trust.
G. PUBLIC NOTICE OF GRANT AWARD
The Sponsor agrees to provide prominent display of the Trust logo and text acknowledging the use of the grant at
any project site impacted by the grant, on major pieces of equipment purchased with grant funds, and in publications
referencing the funded project. Language provided by the Trust shall be included in all media releases and other publicity
pieces developed by the Sponsor about the funded project.
To the extent requested by the Trust, and its agents, to include the Nebraska Lottery, the Sponsor agrees to: 1)
the use of the Sponsor's name, project name and description; 2) documentation of project development activities and
successes for use in broadcasts, publications and advertisements; 3) placement of signs provided by the Trust and the
Nebraska Lottery on the project location or otherwise displaying acknowledgment that said project is funded, or partially
funded, by the Nebraska Lottery; and 4) coordination with the Trust and the Nebraska Lottery in various events, including
announcement of the grant, presentation of signs and displays, and similar events.
H. LICENSES/PERMITS
The Sponsor shall acquire, obtain or receive all state and federal licenses and/or permits required by law prior to
initiation of the project. It is the responsibility of the Sponsor to discover and comply with all state, local and federal rules,
regulations or laws that pertain to the implementation and completion of the project. The Sponsor shall include copies of
all such licenses/permits to the Trust with the activity reports submitted to the Trust office.
I. SITE INSPECTIONS
The Sponsor agrees to promptly submit to all requests for site inspections by any state or federal official acting in
the course of his/her duties. The Sponsor agrees to make available all financial records and documents as necessary on
request of the Trust or its agents. Financial records, supporting documents and all other records pertinent to this grant
2010 Grant Contract Page 2 of 4
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shall be retained for a period of three years following notification from the Trust Board that the grant has been officially
closed, except the records shall be retained beyond the three-year period if audit findings have not been resolved.
J. TRANSFER/DISPOSAL OF REAL OR PERSONAL PROPERTY
The Sponsor will not sell, lease, transfer, exchange, mortgage or encumber in any manner whatsoever all or any
portion of any real (including land acquisitions, easements or improvements)or other property acquired in whole, or in
part, by Trust funds without the prior written permission of the Trust, which will not be unreasonably withheld. The
Sponsor shall notify the Trust in writing of any proposed sale, lease, transfer, exchange, mortgage or encumbrance at
least thirty days in advance and obtain written approval from the Trust. In the event that the Trust does not agree to the
sale, lease, transfer, exchange, mortgage or encumbrance of said property, the Sponsor may repay the value of the grant
to the Trust and is released from all further obligations. Otherwise repayment will be calculated according to the adopted
policies of the Trust board regarding the transfer or sale of Trust funded equipment. The Sponsor will notify the Trust
when any equipment purchased in whole or in part with grant funds is no longer usable during the service life of the
equipment.
K. TERMINATION OF THE CONTRACT PRIOR TO EXPIRATION DATE
The Sponsor understands and agrees that failure to comply with any of the terms of this contract may result in the
revocation or cancellation of Trust approval and funding and/or a demand for repayment of any funds previously paid to
the Sponsor by the Trust.
The Trust may terminate the project, in whole or in part, at any time before the expiration date of this contract
whenever the Trust determines that the Sponsor has failed to comply with the conditions of the grant. The Executive
Director of the Trust will promptly notify the Sponsor in writing of the determination and the reasons for the termination,
together with the effective date.
By mutual agreement, the project may be terminated, modified or amended. When both parties agree to
terminate the grant, in whole or in part, the parties will agree upon the termination conditions, including the effective date,
and in the case of a partial termination, the portion to be terminated. The Sponsor shall not incur new obligations for the
terminated portion after the effective date and shall cancel as many outstanding obligations as possible.
Trust payments to the Sponsor or recoveries by the State of Nebraska under projects terminated for cause shall
be in accord with the legal rights and liabilities of the parties.
L. LIABILITY
The Sponsor agrees to hold and save the State of Nebraska, the Environmental Trust Board, and their officers,
agents and employees free and harmless from any and all claims, demands, damages, losses, costs, expenses or liability
due to, or incidental to, either in whole or in part, and whether directly or indirectly, the design, construction, operations,
repairs, maintenance, implementation, assistance or failure of the project, or any of its works or facilities.
M. ADDITIONAL TERMS AND CONDITIONS
HISTORIC PRESERVATION:
The Sponsor agrees to undertake at its own expense any action that may be required to determine the presence
of cultural resources and to undertake any subsequent measures which may be required to ensure the preservation of
such resources which may be discovered. The Sponsor agrees to comply with the provisions of Section 106 of the
National Historic Preservation Act of 1966, as amended, where historic structures are determined to exist on any site
where Trust Funds are expended.
THREATENED & ENDANGERED SPECIES:
The Sponsor agrees to undertake at its own expense any action that may be required to ensure compliance with
the Non-game and Endangered Species Act, Neb. Rev. Stat. Sections 37-430 et.seq.
OPERATIONS:
All operation, replacement and maintenance of the project shall be carried out and applied in such a manner so
as to accomplish the purposes of the project as set forth in the Sponsor's application and associated materials, including
any amendments thereto which have been approved by the Trust, for the useful life of the project.
2010 Grant Contract Page 3 of 4
le all financial records and documents as necessary on
request of the Trust or its agents. Financial records, supporting documents and all other records pertinent to this grant
2010 Grant Contract Page 2 of 4
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�o. REVISIONS
_ °ESCRO * DATE er
a 0 . . 0 .' g .SHANNON.HEIGHTS ADDITION1.1111 1 '4i 1TJ $
•
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e — 1
ENGINEERING:
The Sponsor will provide for and maintain competent and adequate architectural and engineering supervision and
inspection at the construction site as appropriate to ensure that the completed work conforms substantially in accordance
with the proposed plans and specifications, according to accepted standards and practices.
EQUIPMENT:
The Sponsor will report to the Trust all equipment purchased with full or partial funding on a form to be provided
by the Trust. The Sponsor will identify such equipment as purchased with Trust funding in the Sponsor's inventory for the
useful life of the equipment.
The Sponsor will obtain at least two (2) bids for any equipment purchased costing $1,000.00 or more, for which
more than one vendor is available. The Sponsor will provide the names of bidders to the Trust at the time a request for
reimbursement is submitted. Such bids shall be held in the Sponsor's files for three (3) years.
The Sponsor agrees to purchase and maintain property insurance at its own expense to insure all equipment
valued at$1,000 or more which is purchased in whole or in part with funds received from the Trust. This insurance shall
include "all risk" insurance for physical loss or damage including, without duplication of coverage, theft, vandalism, and
malicious mischief. Such insurance shall be maintained on all such equipment in an amount equal to the replacement
value of the equipment for the useful life of the equipment(as defined in the Nebraska Depreciation for personal property
used in business tables). The Sponsor shall name the Trust beneficiary of the policy and shall assure that proof of
coverage shall be kept current. Evidence of current coverage will be requested annually by the Trust office. Upon
request for reimbursement the Sponsor will provide the Trust with the policy of insurance for equipment purchased, in
whole or in part, with funds received from the Trust.
REAL ESTATE:
Additional conditions exist beyond the expiration date of this contract. These conditions include continued access
to the properties affected by this contract for periodic reviews and visits, annual accounting reports on Trust funded
Defense Funds (Easements Only) and proof of annual tax payments. The Trust must also be notified in writing of any
plans to sell, lease, transfer, exchange, mortgage or encumber the property. The Sponsor will be required to obtain written
Trust approval for any such transaction and negotiate the terms of the transaction with the Trust(which may include
partial or whole repayment of the grant). If the Trust determines, at any time prior to or following expiration of this
contract, that the Sponsor has failed to comply with the terms and conditions of this contract it may take action to recover
Trust contributions to the project. The terms and conditions of this contract shall survive the expiration date of this
contract.
Nebraska law shall govern the interpretation and enforcement of this contract. The parties acknowledge that this
contract, as outlined in Section B, contains the entire agreement between them, supersedes any prior agreements and
conversations, and may not be modified except by written agreement signed by all parties.
NEBRASKA ENVIRONMENTAL TRUST AUTHORIZED REPRESENTATIVE OF SPONSOR
66,1CIA,Q)0, 9 • ( Cit:-(2-'
By: By:
eteps
Barbara .110
atie, Chair
Date: 1-1 Prin d Name: (Ji m 514.4/l
V44 edehtgo."......
By: Title: J l IDA _
Mark A. r?hman, Executive Director
Date: ;-7 i Ito Date: M'it-y �� 2e/a
Federal Tax Identification Number
APPROVED AS TO FORM:
/ ATTEST:
-OR-
�A ()WAIL-9-023/O Social SecurityNumber of Individual
DEPUTY CI1Y ATTORNEY
2010 Grant Contract ° Page 4 of 4
Buster Brea, City Clerk
ATIONS:
All operation, replacement and maintenance of the project shall be carried out and applied in such a manner so
as to accomplish the purposes of the project as set forth in the Sponsor's application and associated materials, including
any amendments thereto which have been approved by the Trust, for the useful life of the project.
2010 Grant Contract Page 3 of 4
le all financial records and documents as necessary on
request of the Trust or its agents. Financial records, supporting documents and all other records pertinent to this grant
2010 Grant Contract Page 2 of 4
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�o. REVISIONS
_ °ESCRO * DATE er
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•
1 € 1 RNAL PLAT A, € g a gm
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C Zsa CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha owns and manages public land for use as public parks;
and,
WHEREAS, the City of Omaha has a regional park known as Hummel Park, 9210
Hummel Road, Omaha,Nebraska; and,
WHEREAS, Hummel Park Day Camp has been an Omaha nature camp program,
operated by the City of Omaha, at this park since 1948; and,
WHEREAS, the three existing buildings are in critical need of replacement in order for
the program to continue; and,
WHEREAS, it is the intention of the City of Omaha Depaitiuent of Parks, Recreation and
Public Property to submit a grant request contract, in the amount of$350,000 to the Nebraska
Environmental Trust for financial assistance in order to help with the design and construction of
a new Hummel Park Nature Camp Center to replace these three buildings; and,
WHEREAS, if these funds are obtained from this program, the City of Omaha will
oversee the design,construction and management of this project; and,
WHEREAS, the City of Omaha will be contributing up to $1 million for this project,as
outlined in the 2010-2015 CIP and has available the funds to finance the activity at Hummel Park
until reimbursed by the Nebraska Environmental Trust; and,
WHEREAS, this Resolution would authorized the Mayor, or his designee, to sign the
grant contract and any other documents that are necessary to obtain such assistance; and,
WHEREAS, approval of this grant application is in the best interest of the citizens of the
City of Omaha; and,
WHEREAS, the Mayor has recommended approval of this grant application.
By
Councilmember
Adopted
City Clerk
Approved
Mayor
ust.
REAL ESTATE:
Additional conditions exist beyond the expiration date of this contract. These conditions include continued access
to the properties affected by this contract for periodic reviews and visits, annual accounting reports on Trust funded
Defense Funds (Easements Only) and proof of annual tax payments. The Trust must also be notified in writing of any
plans to sell, lease, transfer, exchange, mortgage or encumber the property. The Sponsor will be required to obtain written
Trust approval for any such transaction and negotiate the terms of the transaction with the Trust(which may include
partial or whole repayment of the grant). If the Trust determines, at any time prior to or following expiration of this
contract, that the Sponsor has failed to comply with the terms and conditions of this contract it may take action to recover
Trust contributions to the project. The terms and conditions of this contract shall survive the expiration date of this
contract.
Nebraska law shall govern the interpretation and enforcement of this contract. The parties acknowledge that this
contract, as outlined in Section B, contains the entire agreement between them, supersedes any prior agreements and
conversations, and may not be modified except by written agreement signed by all parties.
NEBRASKA ENVIRONMENTAL TRUST AUTHORIZED REPRESENTATIVE OF SPONSOR
66,1CIA,Q)0, 9 • ( Cit:-(2-'
By: By:
eteps
Barbara .110
atie, Chair
Date: 1-1 Prin d Name: (Ji m 514.4/l
V44 edehtgo."......
By: Title: J l IDA _
Mark A. r?hman, Executive Director
Date: ;-7 i Ito Date: M'it-y �� 2e/a
Federal Tax Identification Number
APPROVED AS TO FORM:
/ ATTEST:
-OR-
�A ()WAIL-9-023/O Social SecurityNumber of Individual
DEPUTY CI1Y ATTORNEY
2010 Grant Contract ° Page 4 of 4
Buster Brea, City Clerk
ATIONS:
All operation, replacement and maintenance of the project shall be carried out and applied in such a manner so
as to accomplish the purposes of the project as set forth in the Sponsor's application and associated materials, including
any amendments thereto which have been approved by the Trust, for the useful life of the project.
2010 Grant Contract Page 3 of 4
le all financial records and documents as necessary on
request of the Trust or its agents. Financial records, supporting documents and all other records pertinent to this grant
2010 Grant Contract Page 2 of 4
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e.
2 g—.. sBAs- moss^ O 1 R 1 } all QFF6is�"Bi/°_ i"4°RSdpvi pi 3�
.Q “3, A_-x9 �' 1"� a 14 ■se 1 le i ithl R 1' AR 5pR'�'44 R15' 4 f9
• _ ° 0 1�1) ilgaillilja 1.1;1g ibrl! ` pillrEii=11f1! i 11
6 f E 0c9 I:i[v!@,!t 3v0i9gg19+ta , n15F64136ta ; li
i ! , a•
�o. REVISIONS
_ °ESCRO * DATE er
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•
1 € 1 RNAL PLAT A, € g a gm
e — 1
c 2sA CITY OF OMAHA
LEGISLATIVE CHAMBER
Resolution No. Omaha,Nebraska
Page two
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE .CITY
OF OMAHA: . ..
,,
is ' r;
THAT, the Parks, Recreation and Public Property Department is authorized to submit a
grant request contract to the Nebraska Environmental Trust for financial assistance to help with
the design and construction of a new Hummel Park Nature Camp Center at Hummel Park, 9210
Hummel Road, Omaha,Nebraska; and,
FURTHER THAT, the financial assistance, if approved, in the amount of $350,000.00
would be deposited into the 2006 Parks and Recreation Bond Fund No. 13354 which is the fund
the City's anticipated $1 million dollar commitment,as outlined in the 2010-2015 CIP, would
be paid from.
APPROVED AS TO FORM:
DEP(---eX9
CITY ATTORNEY DATE
p:1292dkj
Pg44.400444.-
By
Co uicilmember
047
Adopted M — 4 ?n1O ✓-
- C' y Clerk_�Jf/a
Appri
p.
Mayor
REAS, the City of Omaha will be contributing up to $1 million for this project,as
outlined in the 2010-2015 CIP and has available the funds to finance the activity at Hummel Park
until reimbursed by the Nebraska Environmental Trust; and,
WHEREAS, this Resolution would authorized the Mayor, or his designee, to sign the
grant contract and any other documents that are necessary to obtain such assistance; and,
WHEREAS, approval of this grant application is in the best interest of the citizens of the
City of Omaha; and,
WHEREAS, the Mayor has recommended approval of this grant application.
By
Councilmember
Adopted
City Clerk
Approved
Mayor
ust.
REAL ESTATE:
Additional conditions exist beyond the expiration date of this contract. These conditions include continued access
to the properties affected by this contract for periodic reviews and visits, annual accounting reports on Trust funded
Defense Funds (Easements Only) and proof of annual tax payments. The Trust must also be notified in writing of any
plans to sell, lease, transfer, exchange, mortgage or encumber the property. The Sponsor will be required to obtain written
Trust approval for any such transaction and negotiate the terms of the transaction with the Trust(which may include
partial or whole repayment of the grant). If the Trust determines, at any time prior to or following expiration of this
contract, that the Sponsor has failed to comply with the terms and conditions of this contract it may take action to recover
Trust contributions to the project. The terms and conditions of this contract shall survive the expiration date of this
contract.
Nebraska law shall govern the interpretation and enforcement of this contract. The parties acknowledge that this
contract, as outlined in Section B, contains the entire agreement between them, supersedes any prior agreements and
conversations, and may not be modified except by written agreement signed by all parties.
NEBRASKA ENVIRONMENTAL TRUST AUTHORIZED REPRESENTATIVE OF SPONSOR
66,1CIA,Q)0, 9 • ( Cit:-(2-'
By: By:
eteps
Barbara .110
atie, Chair
Date: 1-1 Prin d Name: (Ji m 514.4/l
V44 edehtgo."......
By: Title: J l IDA _
Mark A. r?hman, Executive Director
Date: ;-7 i Ito Date: M'it-y �� 2e/a
Federal Tax Identification Number
APPROVED AS TO FORM:
/ ATTEST:
-OR-
�A ()WAIL-9-023/O Social SecurityNumber of Individual
DEPUTY CI1Y ATTORNEY
2010 Grant Contract ° Page 4 of 4
Buster Brea, City Clerk
ATIONS:
All operation, replacement and maintenance of the project shall be carried out and applied in such a manner so
as to accomplish the purposes of the project as set forth in the Sponsor's application and associated materials, including
any amendments thereto which have been approved by the Trust, for the useful life of the project.
2010 Grant Contract Page 3 of 4
le all financial records and documents as necessary on
request of the Trust or its agents. Financial records, supporting documents and all other records pertinent to this grant
2010 Grant Contract Page 2 of 4
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e.
2 g—.. sBAs- moss^ O 1 R 1 } all QFF6is�"Bi/°_ i"4°RSdpvi pi 3�
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�o. REVISIONS
_ °ESCRO * DATE er
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•
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