RES 2010-0114 - Agmt with YWCA to provide services to citizens of Omaha •
Q ctAAHA, �
``� RECEIVED Law Department
v �C
' apri► (r5Omaha/Douglas Civic Center
II�f'J t� 1819 Farnam Street,Suite 804
`� g; Omaha,Nebraska 68183-0804
04,4
ry" (402)444 5115
o a I 1 + f~ k:" Telefax(402)444-5125
��TFD FEBaJr4 `�1 Fri f L
u�18 i �u, � .f r Paul D.Kratz
City of Omaha
Jim Suttle,Mayor City Attorney
•
•
Honorable President
and Members of the City Council,
At the request of Council President Garry Gernandt, submitted for your consideration is a
Resolution approving a contract between the City of Omaha and Young Women's Christian
Association in the amount of$50,000.00.
The funds will be used to provide services to the residents and the citizens of the City of Omaha.
The contract states that the City shall pay a sum of$50,000.00 for staff for the 24-hour hotline,
provide hospital and court accompaniment, provide counseling to the victims and perpetrators of
sexual assault and domestic violence, and provide training to police and other professionals
effective after the execution of this Agreement to December 31, 2010. The cost was budgeted
and is payable from the 2010 Omaha/Keno Lottery Fund 12118, Organization 126015.
•
Your favorable consideration and adoption of this Resolution is respectfully requested.
Respectfully submitted,
Jo A. avel
Depu City Attorney
P:\LAW—CITY COUNCIL DOCUMENTS\2010\50004s1w.doc
located at: 4462 Redman
Avenue, Apartments 2 and 4; 4464 Redman Avenue, Apartment 4; 4466 Redman Avenue, Apartments 1,
• 3 and 4; and 4468 Redman Avenue, Apartment 1, all in Omaha, Nebraska (hereinafter referred to as the
"Project"); and,
Whereas, the total Project cost is estimated to be $80,000.00 comprised of $40,000.00 from
NAHTF and $40,000.00 from the L.P; and,
WHEREAS, this Project is included in the FY 2009 Consolidated Submission for Community
Planning Programs (Consolidated Plan) approved by the City Council on October 28, 2008 by Resolution
No. 1492, as amended; and,
WHEREAS, the Project meets the national objective for providing affordable rental housing to
low- and moderate-income families, therefore; it is consistent with the Consolidated Plan and is eligible
for funding; and,
WHEREAS, it is in the best interest of the City of Omaha and the resident thereof to enter into an
Agreement with the L.P. for the development of this worthwhile rental project in North Omaha.
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
higher subsidy than for-profit businesses.
•
Project cash flow and rate of return will also be evaluated. The City of Omaha normally will not allow an
excessive gain or profit to be derived from a project. The specific standard governing rate of return is the
return on investment shall not exceed twenty percent (20%); except in the case of a Single-Family Rental
Rehabilitation Program project with no first mortgage, the project costs have been certified by the
Planning Department, rents are affordable, and operating expenses are reasonable,the maximum return on
investment shall not exceed forty percent(40%).
Certification:
The NCTHP project located 4462 Redman Ave., Apts. 2 and 4; 4464 Redman Ave., Apt. 4; 44666
Redman Ave., Apts., 1, 3 and 4; 4468 Redman Ave., Apt. 1, Omaha, NE, has been evaluated in
accordance with the above Subsidy Layering Standards for the HOME/NSP/NAHTF Program guidelines,
as 'proved by the Planning Director and the Housing and Community Development Manager.
r
i , Vlsolo
YDais Burton{, Contract Administration
and Compliance Manager
Revised and approved 12/4/2009
ed by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
n,Washington, D.C.
• Battelle Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
• Institute',Atlanta,Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
http://vvww.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
as been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
prolong their intended life shall be treated as capital expenditures(see paragraph 15).
28. Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated Harts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/.31/2009
performed in each building on the basis of usable square feet of space, excluding common areas,
such as hallways, stairwells, and restrooms.
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.-..�- ..!LL- \ -L..11 L- ♦--_L..J �� L-11�...- TL- �-.-♦ -C-..-L :-:�LI.. ..�..J ...�:L �L -L�11 L�
•
. http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
• AGREEMENT
•
This contract is made and entered into this /5 day. of , 2010, by and
between the City of Omaha, a municipal corporation (herein referred to as "t e City") and the
YOUNG WOMEN'S CHRISTIAN ASSOCIATION, a Nebraska Non-profit corporation with
its principal place of business at 222 South 29th Street, Omaha, Nebraska 68131-3577
(hereinafter referred to as "Contractor").
WHEREAS, the City, in furtherance of its statutory authority to promote public health,
welfare and safety to its citizens and residents, has provided intervention, advocacy and
education programs, offering services to victims of sexual assault and spousal abuse; and,
WHEREAS, the Contractor is an organization employing professional staff to provide
such services to the citizens and residents of the City of Omaha with the "YWCA Domestic
Violence/Sexual Assault"program; and,
WHEREAS, the City wishes to contract with the Contractor, as described below, to
obtain the Contractor's services in the implementation of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained,the City and the Contractor mutually undertake and agree as follows:
I.
DUTIES OF THE CONTRACTOR
A. The Contractor agrees to do the following, along with all other obligations
expressed or implied in this Agreement.
The Contractor shall provide services to the residents and citizens of the City of Omaha,
including staff for the 24-hour hotline, provide hospital and court accompaniment, provide
counseling to the victims and perpetrators of sexual assault and domestic violence, and provide
training to police and other professionals.
Young Women's Christian Association (YWCA):
24-Hour Crisis hotline, counseling, advocacy and training $50,000.00
TOTAL $50,000.00
B. The Contractor shall comply with all evaluation requirements, as prescribed by the
City of Omaha. The Contractor will submit a final completion report describing the program
activities and their impacts on the community. The final report is due to the City of Omaha,
Office of the Mayor, Grant Administrator, 1819 Farnam Street, Suite 300, Omaha, Nebraska
68183, no later than January 31, 2011.
ble rental housing to
low- and moderate-income families, therefore; it is consistent with the Consolidated Plan and is eligible
for funding; and,
WHEREAS, it is in the best interest of the City of Omaha and the resident thereof to enter into an
Agreement with the L.P. for the development of this worthwhile rental project in North Omaha.
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
higher subsidy than for-profit businesses.
•
Project cash flow and rate of return will also be evaluated. The City of Omaha normally will not allow an
excessive gain or profit to be derived from a project. The specific standard governing rate of return is the
return on investment shall not exceed twenty percent (20%); except in the case of a Single-Family Rental
Rehabilitation Program project with no first mortgage, the project costs have been certified by the
Planning Department, rents are affordable, and operating expenses are reasonable,the maximum return on
investment shall not exceed forty percent(40%).
Certification:
The NCTHP project located 4462 Redman Ave., Apts. 2 and 4; 4464 Redman Ave., Apt. 4; 44666
Redman Ave., Apts., 1, 3 and 4; 4468 Redman Ave., Apt. 1, Omaha, NE, has been evaluated in
accordance with the above Subsidy Layering Standards for the HOME/NSP/NAHTF Program guidelines,
as 'proved by the Planning Director and the Housing and Community Development Manager.
r
i , Vlsolo
YDais Burton{, Contract Administration
and Compliance Manager
Revised and approved 12/4/2009
ed by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
n,Washington, D.C.
• Battelle Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
• Institute',Atlanta,Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
http://vvww.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
as been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
prolong their intended life shall be treated as capital expenditures(see paragraph 15).
28. Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated Harts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/.31/2009
performed in each building on the basis of usable square feet of space, excluding common areas,
such as hallways, stairwells, and restrooms.
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.-..�- ..!LL- \ -L..11 L- ♦--_L..J �� L-11�...- TL- �-.-♦ -C-..-L :-:�LI.. ..�..J ...�:L �L -L�11 L�
•
. http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
C. The Contractor will be responsible for all aspects, including day-to-day
management, of the Program. The identity of the chief executive of the Contractor and any
changes thereof shall be provided to the City.
D. The Contractor shall allow the City to have access to the Contractor's records and
program site for the purpose of financial and/or program audits, as may be required in the sole
discretion of the City or its authorized designee.
E. The Contractor will implement and enforce, as to its employees, drug-free
workplace policy substantially similar to the City of Omaha's policy, which is on file with the
Human Resources Department.
II.
COMPENSATION
The City shall compensate the Contractor in an amount not to exceed, under any
circumstances, $50,000.00 ("Maximum Compensation"). The City shall advance $25,000.00 out
of the Maximum Compensation to the Contractor for startup costs, contemporaneous with the
execution of this Agreement. Following the execution of this Agreement and during the term of
this Agreement only, the City will disburse the remaining Maximum Compensation to reimburse
the Contractor for costs contemplated and reimbursable under the Project. All reimbursement
receipts shall be maintained and made available as requested for auditable evidence by the
Contractor. All requests for reimbursement shall be submitted to the City of Omaha, Office of
the Mayor, Grant Administrator, 1819 Farnam Street, Suite 300, Omaha,Nebraska 68183.
Any tangible equipment purchased by the Contractor with funds pursuant to this
Agreement shall be the property of the Contractor.
In the event that the Contractor breaches any provision of this Agreement, the City may,
at its sole option, and in addition to any other remedies, withhold the payment of any portion of
the Maximum Compensation to the Contractor.
III.
TERM
This Agreement shall become effective upon execution of this agreement and shall
terminate on December 31, 2010, provided, that the term may be extended for one additional
three month period from January 1, 2011 through March 31, 2011 upon a written request from
Contractor delivered to the City prior to December 31, 2010 for good cause shown and written
consent thereafter of the City. Such consent by City may be provided by the Mayor, or his
designee. Permissible expenditures under this grant incurred after January 2, 2010 will be paid as
if they occurred after the effective date. Either party may immediately terminate this Agreement
upon mailing prior written notice thereof to the other party; provided, that in the event of such
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
higher subsidy than for-profit businesses.
•
Project cash flow and rate of return will also be evaluated. The City of Omaha normally will not allow an
excessive gain or profit to be derived from a project. The specific standard governing rate of return is the
return on investment shall not exceed twenty percent (20%); except in the case of a Single-Family Rental
Rehabilitation Program project with no first mortgage, the project costs have been certified by the
Planning Department, rents are affordable, and operating expenses are reasonable,the maximum return on
investment shall not exceed forty percent(40%).
Certification:
The NCTHP project located 4462 Redman Ave., Apts. 2 and 4; 4464 Redman Ave., Apt. 4; 44666
Redman Ave., Apts., 1, 3 and 4; 4468 Redman Ave., Apt. 1, Omaha, NE, has been evaluated in
accordance with the above Subsidy Layering Standards for the HOME/NSP/NAHTF Program guidelines,
as 'proved by the Planning Director and the Housing and Community Development Manager.
r
i , Vlsolo
YDais Burton{, Contract Administration
and Compliance Manager
Revised and approved 12/4/2009
ed by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
n,Washington, D.C.
• Battelle Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
• Institute',Atlanta,Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
http://vvww.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
as been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
prolong their intended life shall be treated as capital expenditures(see paragraph 15).
28. Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated Harts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/.31/2009
performed in each building on the basis of usable square feet of space, excluding common areas,
such as hallways, stairwells, and restrooms.
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.-..�- ..!LL- \ -L..11 L- ♦--_L..J �� L-11�...- TL- �-.-♦ -C-..-L :-:�LI.. ..�..J ...�:L �L -L�11 L�
•
. http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
• early termination, the Contractor shall immediately return to the City all unexpended funds
advanced to the Contractor under this Agreement.
IV.
INDEMNITY
The Contractor covenants and agrees to indemnify and hold harmless the City.of Omaha,
their officers, agents and employees, their successors and assigns, individually or collectively,
from and against all liability for any fines, claims, suits, demands, actions or causes of action of
any kind and nature asserted by Contractor or by anyone else, for personal injury or death, or
property damage in any way arising out of or resulting from the acts of the Contractor's
employees or agents pursuant to this Agreement, and the Contractor further agrees to pay all
expenses in defending against any claims made against the City of Omaha provided, however,
that the Contractor shall not be liable for any injury, damage or loss occasioned by the sole
negligence or willful misconduct of the City, its agents or employees. The Contractor and the
City of Omaha shall give prompt and timely written notice of any claim made or suit instituted
which, in any way, directly or indirectly, contingently or otherwise, affects or might affect the
other parties.
V.
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
The Contractor has filed the required Annual Contract Compliance Report, Form CC-1,
in the Human Rights and Relations Department. The Equal Employment provisions of this
Agreement are as set forth in the Equal Employment Opportunity clause which is on file with the
Human Resources Department. Refusal by the Contractor or any subcontractor to comply with
any portion of this program as herein stated and described will subject the offending party to any
or all of the following penalties:
A. Withholding of all future payments under the involved Agreement to the Contractor
until it is determined the Contractor or subcontractor is in compliance with the
provisions of the Agreement.
B. Refusal of all future bids or Agreements with the City or any of its departments or
divisions until such time as the Contractor, or subcontractor, demonstrates that is
has established and shall carry out the policies of the program as herein outlined.
VI.
NONDISCRIMINATION
The Contractor shall not, in the performance of this contract, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, sex,
age, disability,political or religious opinions, affiliations or national origin.
inate this Agreement
upon mailing prior written notice thereof to the other party; provided, that in the event of such
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
higher subsidy than for-profit businesses.
•
Project cash flow and rate of return will also be evaluated. The City of Omaha normally will not allow an
excessive gain or profit to be derived from a project. The specific standard governing rate of return is the
return on investment shall not exceed twenty percent (20%); except in the case of a Single-Family Rental
Rehabilitation Program project with no first mortgage, the project costs have been certified by the
Planning Department, rents are affordable, and operating expenses are reasonable,the maximum return on
investment shall not exceed forty percent(40%).
Certification:
The NCTHP project located 4462 Redman Ave., Apts. 2 and 4; 4464 Redman Ave., Apt. 4; 44666
Redman Ave., Apts., 1, 3 and 4; 4468 Redman Ave., Apt. 1, Omaha, NE, has been evaluated in
accordance with the above Subsidy Layering Standards for the HOME/NSP/NAHTF Program guidelines,
as 'proved by the Planning Director and the Housing and Community Development Manager.
r
i , Vlsolo
YDais Burton{, Contract Administration
and Compliance Manager
Revised and approved 12/4/2009
ed by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
n,Washington, D.C.
• Battelle Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
• Institute',Atlanta,Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
http://vvww.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
as been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
prolong their intended life shall be treated as capital expenditures(see paragraph 15).
28. Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated Harts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/.31/2009
performed in each building on the basis of usable square feet of space, excluding common areas,
such as hallways, stairwells, and restrooms.
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.-..�- ..!LL- \ -L..11 L- ♦--_L..J �� L-11�...- TL- �-.-♦ -C-..-L :-:�LI.. ..�..J ...�:L �L -L�11 L�
•
. http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
VII.
CAPTIONS
Captions used in this contract are for convenience and are-not used in the construction of
this contract.
VIII.
APPLICABLE LAW
Parties to this contract shall conform to all existing and applicable city ordinances,
resolutions, state laws, federal laws, and all existing and applicable rules and regulations.
Nebraska law will govern the terms and the performance under this contract.
IX.
CONFLICT OF INTEREST
A. No elected official nor any officer or employee of the City shall, during their tenure
and one year therafter, have a financial interest, direct or indirect, in this Agreement or in any
funds transferred hereunder. Any violation of this section shall render the Agreement voidable by
the City or the Contractor.
B. The Contractor covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict with the performance required to be performed
under this Agreement, it further covenants that, in the performance of this Agreement, no person
having any such interest shall be employed.
X.
WARRANTY AS TO COMMISSIONS
Contractor warrants that it has not employed any person to solicit or secure the
Agreement upon any agreement for commission, percentage, brokerage, or contingent fee.
XI.
MERGER
This Agreement shall not be merged into any other oral or written contract, lease or deed
of any type. This is the complete and full agreement of the parties.
XII.
MODIFICATION
subcontractor to comply with
any portion of this program as herein stated and described will subject the offending party to any
or all of the following penalties:
A. Withholding of all future payments under the involved Agreement to the Contractor
until it is determined the Contractor or subcontractor is in compliance with the
provisions of the Agreement.
B. Refusal of all future bids or Agreements with the City or any of its departments or
divisions until such time as the Contractor, or subcontractor, demonstrates that is
has established and shall carry out the policies of the program as herein outlined.
VI.
NONDISCRIMINATION
The Contractor shall not, in the performance of this contract, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, sex,
age, disability,political or religious opinions, affiliations or national origin.
inate this Agreement
upon mailing prior written notice thereof to the other party; provided, that in the event of such
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
higher subsidy than for-profit businesses.
•
Project cash flow and rate of return will also be evaluated. The City of Omaha normally will not allow an
excessive gain or profit to be derived from a project. The specific standard governing rate of return is the
return on investment shall not exceed twenty percent (20%); except in the case of a Single-Family Rental
Rehabilitation Program project with no first mortgage, the project costs have been certified by the
Planning Department, rents are affordable, and operating expenses are reasonable,the maximum return on
investment shall not exceed forty percent(40%).
Certification:
The NCTHP project located 4462 Redman Ave., Apts. 2 and 4; 4464 Redman Ave., Apt. 4; 44666
Redman Ave., Apts., 1, 3 and 4; 4468 Redman Ave., Apt. 1, Omaha, NE, has been evaluated in
accordance with the above Subsidy Layering Standards for the HOME/NSP/NAHTF Program guidelines,
as 'proved by the Planning Director and the Housing and Community Development Manager.
r
i , Vlsolo
YDais Burton{, Contract Administration
and Compliance Manager
Revised and approved 12/4/2009
ed by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
n,Washington, D.C.
• Battelle Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
• Institute',Atlanta,Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
http://vvww.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
as been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
prolong their intended life shall be treated as capital expenditures(see paragraph 15).
28. Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated Harts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/.31/2009
performed in each building on the basis of usable square feet of space, excluding common areas,
such as hallways, stairwells, and restrooms.
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.-..�- ..!LL- \ -L..11 L- ♦--_L..J �� L-11�...- TL- �-.-♦ -C-..-L :-:�LI.. ..�..J ...�:L �L -L�11 L�
•
. http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
• This Agreement contains the entire agreement of the parties. No representations were
made or relied upon by either party other than those that are expressly set forth herein. No agent,
employee or other representative of either party is empowered to alter any of the terms hereof,
unless done in writing and signed by an authorized officer of the respective parties.
XIII.
ASSIGNMENT
Neither party may assign its rights under this Agreement without the express prior written
consent of the other party.
XIV.
CONTRACT DOCUMENTS
Contractor is responsible for review of and compliance with each of the terms of this
Agreement. The parties agree that this Agreement shall include, as if fully set forth herein, the
proposal, Exhibit A, which is attached hereto.
XV.
AUTHORIZED REPRESENTATIVE
In further consideration of the mutual covenants herein contained, the parties hereto
expressly agree that for purposes of notice, including legal service of process, during the term of
this Agreement and for the period of any applicable statute of limitations thereafter, the
following named individuals shall be the authorized representatives of the parties:
A. CITY OF OMAHA
Jim Suttle, Mayor
Office of the Mayor
1819 Farnam Street, Suite 300
Omaha,Nebraska 68183
Contact: Gail Braun, Grant Administrator
(402) 444-5286
B. CONTRACTOR
Young Women's Christian Association
Natalia Peart, Chief Executive Officer
222 South 29th Street
Omaha,Nebraska 68131
(402) 345-6555
EXECUTED this /3dday of jaNiaeti , 2010.
ogram as herein stated and described will subject the offending party to any
or all of the following penalties:
A. Withholding of all future payments under the involved Agreement to the Contractor
until it is determined the Contractor or subcontractor is in compliance with the
provisions of the Agreement.
B. Refusal of all future bids or Agreements with the City or any of its departments or
divisions until such time as the Contractor, or subcontractor, demonstrates that is
has established and shall carry out the policies of the program as herein outlined.
VI.
NONDISCRIMINATION
The Contractor shall not, in the performance of this contract, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, sex,
age, disability,political or religious opinions, affiliations or national origin.
inate this Agreement
upon mailing prior written notice thereof to the other party; provided, that in the event of such
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
higher subsidy than for-profit businesses.
•
Project cash flow and rate of return will also be evaluated. The City of Omaha normally will not allow an
excessive gain or profit to be derived from a project. The specific standard governing rate of return is the
return on investment shall not exceed twenty percent (20%); except in the case of a Single-Family Rental
Rehabilitation Program project with no first mortgage, the project costs have been certified by the
Planning Department, rents are affordable, and operating expenses are reasonable,the maximum return on
investment shall not exceed forty percent(40%).
Certification:
The NCTHP project located 4462 Redman Ave., Apts. 2 and 4; 4464 Redman Ave., Apt. 4; 44666
Redman Ave., Apts., 1, 3 and 4; 4468 Redman Ave., Apt. 1, Omaha, NE, has been evaluated in
accordance with the above Subsidy Layering Standards for the HOME/NSP/NAHTF Program guidelines,
as 'proved by the Planning Director and the Housing and Community Development Manager.
r
i , Vlsolo
YDais Burton{, Contract Administration
and Compliance Manager
Revised and approved 12/4/2009
ed by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
n,Washington, D.C.
• Battelle Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
• Institute',Atlanta,Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
http://vvww.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
as been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
prolong their intended life shall be treated as capital expenditures(see paragraph 15).
28. Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated Harts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/.31/2009
performed in each building on the basis of usable square feet of space, excluding common areas,
such as hallways, stairwells, and restrooms.
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.-..�- ..!LL- \ -L..11 L- ♦--_L..J �� L-11�...- TL- �-.-♦ -C-..-L :-:�LI.. ..�..J ...�:L �L -L�11 L�
•
. http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
•
= CITY OF OMAHA,NEBRASKA YOUNG WOMEN'S CHRISTIAN ASSOCIATION
• alyko YiSPD
Ji utt1e, Mayor Date N talia Peart, CEO Date
ATTEST:
uste y Rio$r;City Clerk ate
APPROVED AS TO FORM:
&//4/1/L
Dep t City Attorney Date
P:\LAW—CITY COUNCIL DOCUMENTS\2010\50006s1w.doc
o o w o 0-
*ti N.) o- cr. p
LNO id� � rna a � a� � w' o roo< �
C3 n \ -
4 cro r ° ° a S co �' cam' o co 0
0 w a a C C CD d Oo""
Q! .J
1 o N ° a ," 0 N; iIiFUIbU! u
ERSONNEL):
NAME POSITION
EDUCATION
MANAGEMENT OR TECHNICAL TRAINING
6/22/90
7 Reviewed and approved 10/26, 2009
Created and approved I 0/26/2009
Exhibit A
ywca
Omaha
Proposed use of Keno Funding
With assistance from the City of Omaha we continue to provide Greater Metropolitan
Omaha and the surrounding area, with a 24-hour hotline, providing victims of intimate
partner violence and sexual assault with support and resources empowering them to
work towards a life free of violence. In addition, the YWCA Omaha provides counseling
and intervention services to clients, family members and friends while, building
community awareness regarding the issue of intimate partner violence and sexual
assault.
In 2009 -2010 fiscal year the YWCA Omaha will continue to provide assistance through
the hotline to metro area community requesting information, support, and referrals
addressing the issue of domestic violence and sexual assault. The Keno funds give the
YWCA Omaha the opportunity to provide advocacy to victims by accompanying them to
protection order hearings, criminal court trials and civil court hearings. In addition, the
advocates assist victims at local metropolitan hospitals where they were provided with
information and emotional support while receiving medical attention at the hospital.
Group and individual counseling is also available to community in need of assistance.
Continuing education to community professionals includes but, not limited to; Creighton
Medical students, community volunteers, Omaha Police Department (advocates also
attend quarterly roll calls in each of the precincts to offer support and present information
on the advocacy services), University of Nebraska at Omaha Administration and
Students, College of St. Mary's, and the community at large. The prevention program
also extended their services to the local elementary schools where issues of stranger
danger and inappropriate touching by adults are addressed.
}
or subcontractor is in compliance with the
provisions of the Agreement.
B. Refusal of all future bids or Agreements with the City or any of its departments or
divisions until such time as the Contractor, or subcontractor, demonstrates that is
has established and shall carry out the policies of the program as herein outlined.
VI.
NONDISCRIMINATION
The Contractor shall not, in the performance of this contract, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, sex,
age, disability,political or religious opinions, affiliations or national origin.
inate this Agreement
upon mailing prior written notice thereof to the other party; provided, that in the event of such
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
higher subsidy than for-profit businesses.
•
Project cash flow and rate of return will also be evaluated. The City of Omaha normally will not allow an
excessive gain or profit to be derived from a project. The specific standard governing rate of return is the
return on investment shall not exceed twenty percent (20%); except in the case of a Single-Family Rental
Rehabilitation Program project with no first mortgage, the project costs have been certified by the
Planning Department, rents are affordable, and operating expenses are reasonable,the maximum return on
investment shall not exceed forty percent(40%).
Certification:
The NCTHP project located 4462 Redman Ave., Apts. 2 and 4; 4464 Redman Ave., Apt. 4; 44666
Redman Ave., Apts., 1, 3 and 4; 4468 Redman Ave., Apt. 1, Omaha, NE, has been evaluated in
accordance with the above Subsidy Layering Standards for the HOME/NSP/NAHTF Program guidelines,
as 'proved by the Planning Director and the Housing and Community Development Manager.
r
i , Vlsolo
YDais Burton{, Contract Administration
and Compliance Manager
Revised and approved 12/4/2009
ed by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
n,Washington, D.C.
• Battelle Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
• Institute',Atlanta,Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
http://vvww.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
as been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
prolong their intended life shall be treated as capital expenditures(see paragraph 15).
28. Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated Harts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/.31/2009
performed in each building on the basis of usable square feet of space, excluding common areas,
such as hallways, stairwells, and restrooms.
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.-..�- ..!LL- \ -L..11 L- ♦--_L..J �� L-11�...- TL- �-.-♦ -C-..-L :-:�LI.. ..�..J ...�:L �L -L�11 L�
•
. http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Young Women's Christian Association (YWCA) of Omaha, a
Nebraska non-profit corporation, has signed an agreement with the City of Omaha, which is
attached hereto,to provide certain specific services; and,
WHEREAS, pursuant to such contract the Young Women's Christiaifikssociation
shall provide staff for the 24-hour hotline, provide hospital and court accompaniment, provide
counseling to victims and perpetrators of sexual assault and domestic violence, and provide
training to police and other professional, during the period from the execution of this agreement
to December 31, 2010; and,
WHEREAS, the sum of Fifty Thousand.Dollars ($50,000.00) has been allocated
to the Young Women's Christian Association for the support of such services from the
Omaha/Keno Lottery Fund 12118, Organization 126015; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the agreement between the City of Omaha and the Young Women's
Christian Association to provide services to the citizens of Omaha, including staff for the 24-
hour hotline, provide hospital and court accompaniment, provide counseling to victims and
perpetrators of sexual assault and domestic violence, and provide training to police and other
professionals, during the period from the execution of this agreement to December 31, 2010, and
incorporated herein by this reference, and partial funding of such services in the amount of
$50,000.00 is hereby approved.
FURTHER THAT, the Finance Director is authorized to provide payment of
$50,000.00 from the Omaha/Keno Lottery Fund 12118, Organization 126015 in accordance with
the contract terms.
APPROVED AS TO FORM:
-//—/o
DEP Y CITY ATTORNEY DATE
P:\LAW—CITY COUNCIL DOCUMENTS\2010\50005s1w.doc
" 1
By
7Yr:444/' C6unci1member
Adopted FEB.t 2 010 4-0
r!
City Cler1S„ 00
Approved...
Mayor
as established and shall carry out the policies of the program as herein outlined.
VI.
NONDISCRIMINATION
The Contractor shall not, in the performance of this contract, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, sex,
age, disability,political or religious opinions, affiliations or national origin.
inate this Agreement
upon mailing prior written notice thereof to the other party; provided, that in the event of such
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
higher subsidy than for-profit businesses.
•
Project cash flow and rate of return will also be evaluated. The City of Omaha normally will not allow an
excessive gain or profit to be derived from a project. The specific standard governing rate of return is the
return on investment shall not exceed twenty percent (20%); except in the case of a Single-Family Rental
Rehabilitation Program project with no first mortgage, the project costs have been certified by the
Planning Department, rents are affordable, and operating expenses are reasonable,the maximum return on
investment shall not exceed forty percent(40%).
Certification:
The NCTHP project located 4462 Redman Ave., Apts. 2 and 4; 4464 Redman Ave., Apt. 4; 44666
Redman Ave., Apts., 1, 3 and 4; 4468 Redman Ave., Apt. 1, Omaha, NE, has been evaluated in
accordance with the above Subsidy Layering Standards for the HOME/NSP/NAHTF Program guidelines,
as 'proved by the Planning Director and the Housing and Community Development Manager.
r
i , Vlsolo
YDais Burton{, Contract Administration
and Compliance Manager
Revised and approved 12/4/2009
ed by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
n,Washington, D.C.
• Battelle Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
• Institute',Atlanta,Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
http://vvww.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
as been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
prolong their intended life shall be treated as capital expenditures(see paragraph 15).
28. Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated Harts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/.31/2009
performed in each building on the basis of usable square feet of space, excluding common areas,
such as hallways, stairwells, and restrooms.
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.-..�- ..!LL- \ -L..11 L- ♦--_L..J �� L-11�...- TL- �-.-♦ -C-..-L :-:�LI.. ..�..J ...�:L �L -L�11 L�
•
. http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
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c fit
es to the citizens of Omaha, including staff for the 24-
hour hotline, provide hospital and court accompaniment, provide counseling to victims and
perpetrators of sexual assault and domestic violence, and provide training to police and other
professionals, during the period from the execution of this agreement to December 31, 2010, and
incorporated herein by this reference, and partial funding of such services in the amount of
$50,000.00 is hereby approved.
FURTHER THAT, the Finance Director is authorized to provide payment of
$50,000.00 from the Omaha/Keno Lottery Fund 12118, Organization 126015 in accordance with
the contract terms.
APPROVED AS TO FORM:
-//—/o
DEP Y CITY ATTORNEY DATE
P:\LAW—CITY COUNCIL DOCUMENTS\2010\50005s1w.doc
" 1
By
7Yr:444/' C6unci1member
Adopted FEB.t 2 010 4-0
r!
City Cler1S„ 00
Approved...
Mayor
as established and shall carry out the policies of the program as herein outlined.
VI.
NONDISCRIMINATION
The Contractor shall not, in the performance of this contract, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of race, color, sex,
age, disability,political or religious opinions, affiliations or national origin.
inate this Agreement
upon mailing prior written notice thereof to the other party; provided, that in the event of such
•
By
Councilmember
Adopted
City Clerk
Approved
Mayor
higher subsidy than for-profit businesses.
•
Project cash flow and rate of return will also be evaluated. The City of Omaha normally will not allow an
excessive gain or profit to be derived from a project. The specific standard governing rate of return is the
return on investment shall not exceed twenty percent (20%); except in the case of a Single-Family Rental
Rehabilitation Program project with no first mortgage, the project costs have been certified by the
Planning Department, rents are affordable, and operating expenses are reasonable,the maximum return on
investment shall not exceed forty percent(40%).
Certification:
The NCTHP project located 4462 Redman Ave., Apts. 2 and 4; 4464 Redman Ave., Apt. 4; 44666
Redman Ave., Apts., 1, 3 and 4; 4468 Redman Ave., Apt. 1, Omaha, NE, has been evaluated in
accordance with the above Subsidy Layering Standards for the HOME/NSP/NAHTF Program guidelines,
as 'proved by the Planning Director and the Housing and Community Development Manager.
r
i , Vlsolo
YDais Burton{, Contract Administration
and Compliance Manager
Revised and approved 12/4/2009
ed by the pass-through entity shall be included.
(3) Provide total Federal awards expended for each individual Federal program and the CFDA
number or other identifying number when the CFDA information is not available.
http://www.whitehouse.gov/omb/rewrite/circulars/a 13 3/print/a 13 3.html 8/31/2009
n,Washington, D.C.
• Battelle Memorial Institute, Headquartered in Columbus, Ohio
• Brookhaven National Laboratory, Upton, New York
• Charles Stark Draper Laboratory, Incorporated, Cambridge, Massachusetts
• CNA Corporation(CNAC),Alexandria,Virginia
• Environmental Institute of Michigan,Ann Arbor, Michigan
• Georgia Institute of Technology/Georgia Tech Applied Research Corporation/Georgia Tech Research
• Institute',Atlanta,Georgia
• Hanford Environmental Health Foundation, Richland, Washington
•
http://vvww.whitehouse.gov/omb/rewrite/circulars/a122/a122 2004.html 8/31/2009
as been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009
prolong their intended life shall be treated as capital expenditures(see paragraph 15).
28. Materials and supplies costs.
a. Costs incurred for materials. suoolies. and fabricated Harts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/.31/2009
performed in each building on the basis of usable square feet of space, excluding common areas,
such as hallways, stairwells, and restrooms.
(c) Depreciation or use allowances on buildings, capital improvements and equipment related space
(e.g., individual rooms, and laboratories) used jointly by more than one function (as determined by the
:.-..�- ..!LL- \ -L..11 L- ♦--_L..J �� L-11�...- TL- �-.-♦ -C-..-L :-:�LI.. ..�..J ...�:L �L -L�11 L�
•
. http://www.whitehouse.gov/omb/rewrite/circulars/a122/a122_2004.html 8/31/2009