RES 2009-1060 - Settlement and release agmt to resolve James P Olsen v City of Omaha ��`,�+°, Law Department
u '2 RECEIVED Omaha/Douglas Civic Center
• MAP n®�+(����� ,15^„ 1819 Farnam Street,Suite 804
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Ao pry. (402)444-5115
4/7ED FEBO3t' CITY
TY C: EPA Telefax 402 444-5125
City of Omaha O M A H A, N E B,R A S A Paul D.Kratz
Jim Suttle,Mayor City Attorney
Honorable President
and Members of the City Council,
The attached Resolution is submitted by the City Law Department. It authorizes the Law
Department to settle•a lawsuit pending in the United States District Court entitled James P. Olsen v.
the City of Omaha. The Plaintiff alleged that the City of Omaha violated the Fair Labor Standards
Act (FLSA) by failing to pay him for hours he worked that were categorized as City trade time.
Plaintiff alleges that he accumulated this time and was not allowed to take time off and thus it is in
effect compensatory time. This settlement was reached on the eve of trial and represents the best
efforts to compromise the litigation.
The Settlement and Release Agreement contemplate that judgment will be entered against the City of
Omaha in the amount of$62,838.64 and that the District Court will determine the amount of attorney
fees to be awarded. Pursuant to the Fair Labor Standards Act,Plaintiff would be entitled to attorney
fees as the prevailing party. The judgment will be paid from the Judgment Fund, Fund# 12111,
Organization#121101
Additional information about the Settlement proposal has been submitted in a confidential
memorandum and you may review it in executive session. Your favorable consideration of this
Resolution is respectfully requested.
Respectfully submitted, Referred to City Council for Consideration:
<V0-._. - ---2,--Q‘ • 11 z d q ,,,,c9/Top
Bernard J. in den Bosch Date ayor's Office Date
Assistant City Attorney
Approved as to Funding-
4-01.0--. /--/-4
Pam Spaccarotella Date
Finance Director•
p:\law-city council documents\2009\10182dae.doc
)
This certification is required by the regulations Implementing Executive Order 12549,Debarment and Suspension,28 CFR Part 67,
Section 67.510,Participant's responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register(pp.
19160-19211).
(1) The prospective lower tier participants certifies,by submission of this proposal,that neither it nor its
principals are presently debarred, suspended,proposed by debarment,and declared ineligible or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
Subgrants:bzpp:cert:7
ation efforts,or information or data collection requests,
including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within
this project.
8) The recipient agrees that federal funds under this award will be used to supplement, but not supplant, state or local funds for the
same purposes.
9) The sub-recipient agrees to submit quarterly financial reports on NSP 161, Cash Request/Cash Report. These reports will be
submitted by the 10` of the month following the end of each calendar quarter,with a final report due 45 days following the end of
the award period.
Subgrants:bzpp:cert:3
it,or until the end of the regular three year
period,whichever is later.
STOP WORK
The Patrol may issue and the Contractor will accept a written order to hold or Stop Work on activities funded under this Contract Award for a
period of 30 days. Such orders will be issued only for sufficient cause,such as reason to believe work is being performed outside of the terms
of the Contract Award,for financial improprieties found during a monitoring inspection or voucher and records review, or a change in relevant
laws or regulations.
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://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
copyright.
(2)The patent or coovriaht has been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
dings and equipment or appreciably
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 oarts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
s
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
a—....a—J L.-11...,,- TL,. -• L. :..:•.a1........J
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
r `
•
SETTLEMENT AND RELEASE AGREEMENT
This Settlement and Release Agreement is entered into by and between James P. Olsen
(hereinafter "Olsen" or "Plaintiff') and the City of Omaha (hereinafter "City" or "Defendant")
which resolves a lawsuit entitled James P. Olsen v. City of Omaha, Case No. 8:08CV346 in the
aforementioned lawsuit.
WHEREAS, James P. Olsen was employed by the City of Omaha in the Omaha Fire
Department and retired as a Battalion Chief; and,
WHEREAS, James P. Olsen left City employment effective May 3, 2008, and was
granted a deferred service retirement pension on March 29, 2009; and,
WHEREAS, James P. Olsen had six hundred eighty-four (684) City trade time hours at
the time of his leaving City employment; and,
WHEREAS, James P. Olsen alleges that the City of Omaha violated the Fair Labor
Standards Act (FLSA) by not paying him for the six hundred eighty-four (684) hours he worked
City trade time over the past several years; and,
WHEREAS, it is in the best interests of all parties to settle the dispute relating to Olsen's
lawsuit against the City; and,
WHEREAS, by reason of the disputes and controversies arising from the lawsuit and in
recognition and preservation of the interests of the parties, the parties desire to compromise and
settle all claims and causes of action of any type arising out of the City trade time hours
accumulated by Olsen.
NOW, THEREFORE, for and in consideration of the mutual promises and agreements
herein contained, including recitals above, and the monetary consideration to be exchanged; the
parties hereto agree as follows:
1
ubmitted in a confidential
memorandum and you may review it in executive session. Your favorable consideration of this
Resolution is respectfully requested.
Respectfully submitted, Referred to City Council for Consideration:
<V0-._. - ---2,--Q‘ • 11 z d q ,,,,c9/Top
Bernard J. in den Bosch Date ayor's Office Date
Assistant City Attorney
Approved as to Funding-
4-01.0--. /--/-4
Pam Spaccarotella Date
Finance Director•
p:\law-city council documents\2009\10182dae.doc
)
This certification is required by the regulations Implementing Executive Order 12549,Debarment and Suspension,28 CFR Part 67,
Section 67.510,Participant's responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register(pp.
19160-19211).
(1) The prospective lower tier participants certifies,by submission of this proposal,that neither it nor its
principals are presently debarred, suspended,proposed by debarment,and declared ineligible or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
Subgrants:bzpp:cert:7
ation efforts,or information or data collection requests,
including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within
this project.
8) The recipient agrees that federal funds under this award will be used to supplement, but not supplant, state or local funds for the
same purposes.
9) The sub-recipient agrees to submit quarterly financial reports on NSP 161, Cash Request/Cash Report. These reports will be
submitted by the 10` of the month following the end of each calendar quarter,with a final report due 45 days following the end of
the award period.
Subgrants:bzpp:cert:3
it,or until the end of the regular three year
period,whichever is later.
STOP WORK
The Patrol may issue and the Contractor will accept a written order to hold or Stop Work on activities funded under this Contract Award for a
period of 30 days. Such orders will be issued only for sufficient cause,such as reason to believe work is being performed outside of the terms
of the Contract Award,for financial improprieties found during a monitoring inspection or voucher and records review, or a change in relevant
laws or regulations.
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://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
copyright.
(2)The patent or coovriaht has been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
dings and equipment or appreciably
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 oarts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
s
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
a—....a—J L.-11...,,- TL,. -• L. :..:•.a1........J
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
r `
1. The City will pay Plaintiff for three hundred eighty-four hours (384) as if they
were in Plaintiff's compensatory time bank at the time of his leaving City employment, which
hours shall be paid at the rate of one and one-half times at Plaintiff's rate of pay, at the time of
leaving City service on May 3, 2008 for a total of$17,614.08. The rate of pay is that determined
by the most recent decision of the Commission of Industrial Relations. It is agreed by the parties
that since these funds were paid during a pensionable period and will be included in a
recalculation of Plaintiff's pension benefits.
2. That the remaining three hundred (300) hours of City trade time accrued between
July 23, 2005, and December 28, 2006, shall be paid to Plaintiff at the rate of pay at the time
those hours were worked and are to be paid FLSA straight time or FLSA overtime depending
upon whether there has been a break in Plaintiff's twenty-eight (28) day work period for a total
of$12,229.50.
3. The City shall pay the Plaintiff interest at the rate of eight percent (8%) from May
3, 2008, to the date of payment for the sums to be paid Plaintiff by Defendant, as delineated in
paragraphs 1 and 2 above. The amount of this interest payment through August 25, 2009 is
$3,151.48.
4. Defendant agrees to pay Plaintiff's liquidated damages in an amount of
$29,843.58 which is equal to the amount outstanding as determined in paragraphs 1 and 2 and as
set out by 29 USCA § 216.
5. That the parties agree that this Settlement and Release Agreement will be offered
to the Court and the Court is requested to enter a judgment against the City of Omaha in the
amount delineated in paragraphs 1, 2, 3 and 4 above. Further, the parties agree that as to the
matter of attorney fees, that the issue will be submitted to the Court for determination after an
2
<V0-._. - ---2,--Q‘ • 11 z d q ,,,,c9/Top
Bernard J. in den Bosch Date ayor's Office Date
Assistant City Attorney
Approved as to Funding-
4-01.0--. /--/-4
Pam Spaccarotella Date
Finance Director•
p:\law-city council documents\2009\10182dae.doc
)
This certification is required by the regulations Implementing Executive Order 12549,Debarment and Suspension,28 CFR Part 67,
Section 67.510,Participant's responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register(pp.
19160-19211).
(1) The prospective lower tier participants certifies,by submission of this proposal,that neither it nor its
principals are presently debarred, suspended,proposed by debarment,and declared ineligible or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
Subgrants:bzpp:cert:7
ation efforts,or information or data collection requests,
including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within
this project.
8) The recipient agrees that federal funds under this award will be used to supplement, but not supplant, state or local funds for the
same purposes.
9) The sub-recipient agrees to submit quarterly financial reports on NSP 161, Cash Request/Cash Report. These reports will be
submitted by the 10` of the month following the end of each calendar quarter,with a final report due 45 days following the end of
the award period.
Subgrants:bzpp:cert:3
it,or until the end of the regular three year
period,whichever is later.
STOP WORK
The Patrol may issue and the Contractor will accept a written order to hold or Stop Work on activities funded under this Contract Award for a
period of 30 days. Such orders will be issued only for sufficient cause,such as reason to believe work is being performed outside of the terms
of the Contract Award,for financial improprieties found during a monitoring inspection or voucher and records review, or a change in relevant
laws or regulations.
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://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
copyright.
(2)The patent or coovriaht has been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
dings and equipment or appreciably
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 oarts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
s
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
a—....a—J L.-11...,,- TL,. -• L. :..:•.a1........J
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
r '
appropriate hearing and presentation of evidence and that this Settlement & Release Agreement
does not waive nor release any issue regarding attorney fees which claim shall be specifically
reserved. There is nothing in this Settlement Agreement that is intended to limit the ability of
either party to appeal any such award of attorney fees. Upon payment of the sums herein, James
P. Olsen shall file a satisfaction of judgment.
6. Upon entry of judgment in this matter and payment herein, James P. Olsen for
himself, his heirs, legal representatives, assigns and heirs that he releases , discharges, forever
quits and covenants not to sue the City, its representatives, agents, officers, employees,
successors and assigns of and from all past and existing claims, debts, liabilities, obligations,
demands, actions, and causes of action of any kind or nature at law or in equity, known or
unknown, whether in tort, contract, common law or by federal, state or local law including the
Fair Labor Standards Act or any other federal, state or local law, order or regulation bases on
regarding Mr. Olsen's claim for payment for City trade time only except to enforce the terms of
this Agreement and judgment entered herein.
It is understood that this Settlement and Release Agreement expresses a full and complete
settlement of any and all liability regarding Mr. Olsen's claim for payment of City Trade Time,
which has been denied by the City of Omaha, and is not now admitted. Regardless of the
adequacy of the compensation paid under the settlement agreement, it is intended to avoid any
continued litigation in this matter. It is understand that the City and its administrators,
representatives, agents, servants, employees, employers, insurers , successors and assigns, by
reason of this payment do not admit any liability, nor has the City made any agreement to make
any payment or take any action not reflected in this Settlement Agreement.
3
Date ayor's Office Date
Assistant City Attorney
Approved as to Funding-
4-01.0--. /--/-4
Pam Spaccarotella Date
Finance Director•
p:\law-city council documents\2009\10182dae.doc
)
This certification is required by the regulations Implementing Executive Order 12549,Debarment and Suspension,28 CFR Part 67,
Section 67.510,Participant's responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register(pp.
19160-19211).
(1) The prospective lower tier participants certifies,by submission of this proposal,that neither it nor its
principals are presently debarred, suspended,proposed by debarment,and declared ineligible or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
Subgrants:bzpp:cert:7
ation efforts,or information or data collection requests,
including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within
this project.
8) The recipient agrees that federal funds under this award will be used to supplement, but not supplant, state or local funds for the
same purposes.
9) The sub-recipient agrees to submit quarterly financial reports on NSP 161, Cash Request/Cash Report. These reports will be
submitted by the 10` of the month following the end of each calendar quarter,with a final report due 45 days following the end of
the award period.
Subgrants:bzpp:cert:3
it,or until the end of the regular three year
period,whichever is later.
STOP WORK
The Patrol may issue and the Contractor will accept a written order to hold or Stop Work on activities funded under this Contract Award for a
period of 30 days. Such orders will be issued only for sufficient cause,such as reason to believe work is being performed outside of the terms
of the Contract Award,for financial improprieties found during a monitoring inspection or voucher and records review, or a change in relevant
laws or regulations.
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://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
copyright.
(2)The patent or coovriaht has been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
dings and equipment or appreciably
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 oarts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
s
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
a—....a—J L.-11...,,- TL,. -• L. :..:•.a1........J
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
r '
•
7. This Agreement contains the entire agreement between the parties. It supersedes
any and all prior agreements, arrangements, or understandings between the parties on all subjects
in any way related to the events or occurrences described herein. No oral understandings,
statements, promises, or inducements contrary to or consistent with the terms of this Agreement
exist. This Agreement is not subject to any modification, waiver, or addition, except changes
made in subsequent written agreement signed by all parties.
8. It is expressly understood and agreed that the terms of this Agreement are
contractual and not merely recitals; the consideration transferred is to compromise disputed
claims, avoid litigation, and to promote industrial peace. At no time will any representations,
agreement, payments, or other consideration made or referred to herein or as a result of this
Agreement be construed as an admission of liability. All liability is expressly denied.
9. All signatories to this Agreement warrant that they have read it and fully
understand its terms. They warrant that they are of legal age and legally competent and
authorized to execute this Agreement and that they do so of their own free will and accord
without reliance on any representation of any kind or character not expressly set forth herein.
4
garding Mr. Olsen's claim for payment of City Trade Time,
which has been denied by the City of Omaha, and is not now admitted. Regardless of the
adequacy of the compensation paid under the settlement agreement, it is intended to avoid any
continued litigation in this matter. It is understand that the City and its administrators,
representatives, agents, servants, employees, employers, insurers , successors and assigns, by
reason of this payment do not admit any liability, nor has the City made any agreement to make
any payment or take any action not reflected in this Settlement Agreement.
3
Date ayor's Office Date
Assistant City Attorney
Approved as to Funding-
4-01.0--. /--/-4
Pam Spaccarotella Date
Finance Director•
p:\law-city council documents\2009\10182dae.doc
)
This certification is required by the regulations Implementing Executive Order 12549,Debarment and Suspension,28 CFR Part 67,
Section 67.510,Participant's responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register(pp.
19160-19211).
(1) The prospective lower tier participants certifies,by submission of this proposal,that neither it nor its
principals are presently debarred, suspended,proposed by debarment,and declared ineligible or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
Subgrants:bzpp:cert:7
ation efforts,or information or data collection requests,
including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within
this project.
8) The recipient agrees that federal funds under this award will be used to supplement, but not supplant, state or local funds for the
same purposes.
9) The sub-recipient agrees to submit quarterly financial reports on NSP 161, Cash Request/Cash Report. These reports will be
submitted by the 10` of the month following the end of each calendar quarter,with a final report due 45 days following the end of
the award period.
Subgrants:bzpp:cert:3
it,or until the end of the regular three year
period,whichever is later.
STOP WORK
The Patrol may issue and the Contractor will accept a written order to hold or Stop Work on activities funded under this Contract Award for a
period of 30 days. Such orders will be issued only for sufficient cause,such as reason to believe work is being performed outside of the terms
of the Contract Award,for financial improprieties found during a monitoring inspection or voucher and records review, or a change in relevant
laws or regulations.
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://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
copyright.
(2)The patent or coovriaht has been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
dings and equipment or appreciably
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 oarts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
s
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
a—....a—J L.-11...,,- TL,. -• L. :..:•.a1........J
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
I
•
. N
02..) ......-
Jam:. '. clsen
STATE OF NEBRASKA )
) ss
COUNTY OF DOUGLAS )
On this/ day of 4, 2009, before me, a Notary Public, in and for said
County, personally came the above named James P. Olsen, who is personally known to me to be
the identical person whose name is affixed to the above instrument and acknowledged the
instrument to be his voluntary act and deed for the purpose therein stated.
WITNESS my hand and Notarial Seal the day and year last above written.
Notary Public
My Commission expires:
t r,of Nebraska
xi,, •;: .OEafLUi0N1
'vp Oct.28,2010
E--
nting Raymond J. Neary to the Planning Board for a five year term.
IS INFORMATION ATTACHED? Resume is attached.
Revised 03/99
ORD 25(2001/08)
Mailed to CONTRACTOR, and Effective on , 20
-4-
f •
•
ATTEST: By:
/‘'‘id:;i .9/07
City Clerk • for of e City of Omaha
APPROVED AS TO FORM:
Bernard J. in den Bosch
Assistant City Attorney
6
or said
County, personally came the above named James P. Olsen, who is personally known to me to be
the identical person whose name is affixed to the above instrument and acknowledged the
instrument to be his voluntary act and deed for the purpose therein stated.
WITNESS my hand and Notarial Seal the day and year last above written.
Notary Public
My Commission expires:
t r,of Nebraska
xi,, •;: .OEafLUi0N1
'vp Oct.28,2010
E--
nting Raymond J. Neary to the Planning Board for a five year term.
IS INFORMATION ATTACHED? Resume is attached.
Revised 03/99
ORD 25(2001/08)
Mailed to CONTRACTOR, and Effective on , 20
-4-
C-25A CITY OF OMAHA
. LEGISLATIVE CHAMBER
. Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: r.
t.:
WHEREAS,litigation is presently pending in the United States District Court for the
District of Nebraska, entitled James P. Olsen v. City of Omaha, Case No. 8:08CV346, in which
James P. Olsen asserts that the City of Omaha violated the Fair Labor Standards Act in not paying
him for time worked that was categorized as City trade time; and,
WHEREAS, the allegations and contentions against the City of Omaha constituted
disputed claims; and,
WHEREAS,James P. Olsen and the City of Omaha have worked out a compromise
in an effort to resolve this dispute; and,
WHEREAS,the City Council determines it would be in the best interests of the City
of Omaha and the residents thereof to avoid the costs and uncertainty of trial and resolve this
litigation by settlement.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, the Mayor is authorized to sign and City Clerk to attest the Settlement and
Release Agreement between the City of Omaha and James P.Olsen which resolves a lawsuit entitled
James P. Olsen v. City of Omaha,Case No.8:08CV346. Such Settlement Agreement contemplates
that judgment will be entered against the City of Omaha in the amount of$62,838.64,and the Court
will then determine the amount of attorney fees to which Plaintiff is entitled, which funds shall be
paid from Judgment Fund, Fund# 12111, Organization#121101.
APPROVED AS TO FORM:
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ASSISTANT CITY ATTORNEY DATE
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Adopted SEP 1-5-2009 a,.4 — c ju 2
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I ��-F- it. Clerk
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tlement Agreement.
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Date ayor's Office Date
Assistant City Attorney
Approved as to Funding-
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Pam Spaccarotella Date
Finance Director•
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This certification is required by the regulations Implementing Executive Order 12549,Debarment and Suspension,28 CFR Part 67,
Section 67.510,Participant's responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register(pp.
19160-19211).
(1) The prospective lower tier participants certifies,by submission of this proposal,that neither it nor its
principals are presently debarred, suspended,proposed by debarment,and declared ineligible or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
Subgrants:bzpp:cert:7
ation efforts,or information or data collection requests,
including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within
this project.
8) The recipient agrees that federal funds under this award will be used to supplement, but not supplant, state or local funds for the
same purposes.
9) The sub-recipient agrees to submit quarterly financial reports on NSP 161, Cash Request/Cash Report. These reports will be
submitted by the 10` of the month following the end of each calendar quarter,with a final report due 45 days following the end of
the award period.
Subgrants:bzpp:cert:3
it,or until the end of the regular three year
period,whichever is later.
STOP WORK
The Patrol may issue and the Contractor will accept a written order to hold or Stop Work on activities funded under this Contract Award for a
period of 30 days. Such orders will be issued only for sufficient cause,such as reason to believe work is being performed outside of the terms
of the Contract Award,for financial improprieties found during a monitoring inspection or voucher and records review, or a change in relevant
laws or regulations.
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://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
copyright.
(2)The patent or coovriaht has been adiudicated to be invalid. or has been administratively determined to be
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
dings and equipment or appreciably
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 oarts necessary to carry out a Federal award are
http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
s
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
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http://www.whitehouse.gov/omb/circulars/a122/a 122_2004.html 7/19/2006
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nting Raymond J. Neary to the Planning Board for a five year term.
IS INFORMATION ATTACHED? Resume is attached.
Revised 03/99
ORD 25(2001/08)
Mailed to CONTRACTOR, and Effective on , 20
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