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RES 2008-1046 - Review request of Qwest Broadband Services Inc to renew cable television franchise i F. t �� t Law Department r 49��fi�i'�� „) �f�i� �,y � �re ��; �, Omaha/Douglas Civic Center r,®i'' r "J twor 1819 Famam Street,Suite 804 o . Omaha,Nebraska 68183-0804 Ao4�TFD FEBRJ��ry 7 tt (402)444 5115 n� , t Telefax(402)444-5125 {4=,' (; - r,. City of Omaha Paul D.Kratz Mike Fahey,Mayor City Attorney Honorable President and Members of the City Council, The attached Resolution is submitted at the request of the City Clerk. The Resolution commences a review of the cable television franchise held by Qwest Broadband Services, Inc., and determines whether that franchisee is entitled to renew its franchise. The federal Cable Communications Policy Act of 1984 sets out a three-stage process for renewing a cable television franchise, which reflects an effort to balance the interests of cable operators and franchise authorities such as the City of Omaha. Renewal can be denied based only on evidence that the cable operator failed to satisfy one or more specified standards. This evidence is to be gathered through a process commenced on request of the cable operator. Qwest has made that request. This Resolution begins the first stage of the formal renewal proceedings which are aimed at identifying the future cable cable-related community needs and interests and at reviewing the performance of Qwest under the existing franchise. Public participation is required, although the proceedings may be by public hearings, public surveys, or any other method that sufficiently measures these standards and allows public participation. Federal law places a deadline on commencing the first stage proceedings and this Resolution meets that deadline. There is no required time for concluding this stage of the renewal process. After the public's view has been received, the City may request a renewal proposal or Qwest can submit a proposal on its own initiative. At that time the City can establish minimum requirements. The City is to review the proposal and determine either to renew the franchise or preliminarily deny the renewal proposal. If there is a preliminary denial, the City must convene administrative proceedings to consider whether the operator has met the renewal standards. Throughout the stages of this process the City and Qwest remain free to informally negotiate a renewal agreement and end the process commenced by this Resolution. Date Printod M Financial Freedom Senior Frvudyog Corpoation'a Reverse Mortgage Analyzer_ Copyright 6 1999-2006 3111/08 53H 1111111111111111 �p1�I Page 1 of 1 tItI1 1 111 • F 9 0 0 2 3NA1 t exceed the sum previously dispersed from the grant. Section 8. This Agreement shall run with the land. Section 9. This Agreement is not assignable without prior written consent of the CITY. Section 10. This OWNER certifies,to the best of its knowledge and belief,that: 2 Revised 2/23/06 i I s at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Rev. 5/7/08 travel"includes any travel outside Canada, Mexico,the United States, and any United States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a foreign country means travel outside that country. 52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable.The costs are subject to restrictions regarding lodging,subsistence and air travel costs provided in paragraph 51. • ATTACHMENT C Circular No. A-122 NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR • Advance Technology Institute(ATI), Charleston, South Carolina • Aerospace Corporation, El Segundo, California • American Institutes of Research(AIR),Washington D.C. • Argonne National Laboratory, Chicago, Illinois • Atomic Casualty Commission,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://www.whitehouse.gov/omb/circulars/a122/a122 2004.html 7/19/2006 7/19/2006 pyright. (21 The oaf ent or coovriaht has been adiudicated to be invalid. or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 1 22_2004.html 7/19/2006 s 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 Darts necessary to carry out a Federal award are • http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 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 L— •—t..--L:—: {I....--J..—:a —1 ..L—II L— http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 s/a110/al10.html 6/23/2006 in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any Honorable President • and Members of the City Council, Page 2 The Resolution assigns the renewal request to the Cable Television Advisory Committee for review and recommendation. That Committee will decide how best to seek the public's views and will conduct any public hearings. A report and recommendations will be submitted to the City Council, which can conduct further hearings or surveys. The Resolution directs that the Committee's proceedings shall be held together with any review of a request to renew the Cox Cable franchise,if possible. This will enable the City to keep similar terms in both franchise agreements. Respeota submitted, 100V2C"'e Thomas O. Mumgaard Deputy City Attorney P:1LAW—CITY COUNCIL DOCUMENTS12008150099s1w.doc POSITION EDUCATION MANAGEMENT OR TECHNICAL TRAINING 6/22/90 rt 6 Household Type Definitions PLNAMR1108 Agreement - 16 - su • REQUEST TO LAW TO: PAUL D.KRATZ,CITY ATTORNEY LAW DEPARTMENT USE ONLY: DATE: July 18, 2008 LOG BOOK# 127-08 = CITY CLERK DATE ASSIGNED 07/18/08 ASSIGNED TO MUMGAA D REQUEST BEING MADE BY: ANSWERED/SENT OUT -7 I i g 1 og WITHDRAWN Sandie Moses LP,Yi Deputy City Clerk 5552 (NAME) (DEPARTMENT) (PHONE) TIME LINE: (Due Date) July 29,2008 JJuly 24,2008 City Council Agenda) (12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT) REQUEST FOR: Resolution (State Specifically What You Are Requesting) DETAILS: (Do Not State"See Attached"). Attached is a communication from Qwest Broadband Services, Inc. regarding renewal of their cable franchise. Please prepare the required resolution to proceed with this matter. 1 i 1 INFORMATION ATTACHED: YES X NO NONE AVAILABLE REVISED: 3/98 I ; ' i y of Omaha. Renewal can be denied based only on evidence that the cable operator failed to satisfy one or more specified standards. This evidence is to be gathered through a process commenced on request of the cable operator. Qwest has made that request. This Resolution begins the first stage of the formal renewal proceedings which are aimed at identifying the future cable cable-related community needs and interests and at reviewing the performance of Qwest under the existing franchise. Public participation is required, although the proceedings may be by public hearings, public surveys, or any other method that sufficiently measures these standards and allows public participation. Federal law places a deadline on commencing the first stage proceedings and this Resolution meets that deadline. There is no required time for concluding this stage of the renewal process. After the public's view has been received, the City may request a renewal proposal or Qwest can submit a proposal on its own initiative. At that time the City can establish minimum requirements. The City is to review the proposal and determine either to renew the franchise or preliminarily deny the renewal proposal. If there is a preliminary denial, the City must convene administrative proceedings to consider whether the operator has met the renewal standards. Throughout the stages of this process the City and Qwest remain free to informally negotiate a renewal agreement and end the process commenced by this Resolution. Date Printod M Financial Freedom Senior Frvudyog Corpoation'a Reverse Mortgage Analyzer_ Copyright 6 1999-2006 3111/08 53H 1111111111111111 �p1�I Page 1 of 1 tItI1 1 111 • F 9 0 0 2 3NA1 t exceed the sum previously dispersed from the grant. Section 8. This Agreement shall run with the land. Section 9. This Agreement is not assignable without prior written consent of the CITY. Section 10. This OWNER certifies,to the best of its knowledge and belief,that: 2 Revised 2/23/06 i I s at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Rev. 5/7/08 travel"includes any travel outside Canada, Mexico,the United States, and any United States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a foreign country means travel outside that country. 52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable.The costs are subject to restrictions regarding lodging,subsistence and air travel costs provided in paragraph 51. • ATTACHMENT C Circular No. A-122 NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR • Advance Technology Institute(ATI), Charleston, South Carolina • Aerospace Corporation, El Segundo, California • American Institutes of Research(AIR),Washington D.C. • Argonne National Laboratory, Chicago, Illinois • Atomic Casualty Commission,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://www.whitehouse.gov/omb/circulars/a122/a122 2004.html 7/19/2006 7/19/2006 pyright. (21 The oaf ent or coovriaht has been adiudicated to be invalid. or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 1 22_2004.html 7/19/2006 s 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 Darts necessary to carry out a Federal award are • http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 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 L— •—t..--L:—: {I....--J..—:a —1 ..L—II L— http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 s/a110/al10.html 6/23/2006 in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any C-25A CITY OF OMAHA LEGISLATIVE CHAMBER • Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City of Omaha has awarded Qwest Broadband Services, Inc., a franchise to operate a cable communications system within the City under which Qwest Broadband Services, Inc., continues to operate a cable communications system within the City; and , WHEREAS, the franchise granted Qwest Broadband Services, Inc., expires September 3, 2010; and, WHEREAS, the Cable Communications Policy Act of 1984 (47 U.S.C. § 546), Omaha Municipal Code § 19-415, and Nebraska Statutes §§ 18-2201, et seq, authorize the City Council to grant and/or renew the franchise held by Qwest Broadband Services, Inc.; and, WHEREAS, Qwest Broadband Services, Inc., has requested that proceedings commence to renew its cable communications system franchise; and, WHEREAS, the City Council wishes to comply with federal law by commencing proceedings to afford the public an opportunity to identify the future cable-related community needs and interests and to review the performance of Qwest Broadband Services,Inc.,under the existing franchise; and, WHEREAS,the City Council has created a Cable Television Advisory Committee for the purpose of advising the Council on matters relating to cable television and carrying out such other duties as the Council may assign. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,proceedings are hereby commenced to review the request of Qwest Broadband Services, Inc., to renew its cable television franchise with the City of Omaha and the Cable Television Advisory Committee is assigned to review this request and submit recommendations to the City Council. By Councilmember Adopted City Clerk Approved Mayor the public's view has been received, the City may request a renewal proposal or Qwest can submit a proposal on its own initiative. At that time the City can establish minimum requirements. The City is to review the proposal and determine either to renew the franchise or preliminarily deny the renewal proposal. If there is a preliminary denial, the City must convene administrative proceedings to consider whether the operator has met the renewal standards. Throughout the stages of this process the City and Qwest remain free to informally negotiate a renewal agreement and end the process commenced by this Resolution. Date Printod M Financial Freedom Senior Frvudyog Corpoation'a Reverse Mortgage Analyzer_ Copyright 6 1999-2006 3111/08 53H 1111111111111111 �p1�I Page 1 of 1 tItI1 1 111 • F 9 0 0 2 3NA1 t exceed the sum previously dispersed from the grant. Section 8. This Agreement shall run with the land. Section 9. This Agreement is not assignable without prior written consent of the CITY. Section 10. This OWNER certifies,to the best of its knowledge and belief,that: 2 Revised 2/23/06 i I s at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Rev. 5/7/08 travel"includes any travel outside Canada, Mexico,the United States, and any United States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a foreign country means travel outside that country. 52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable.The costs are subject to restrictions regarding lodging,subsistence and air travel costs provided in paragraph 51. • ATTACHMENT C Circular No. A-122 NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR • Advance Technology Institute(ATI), Charleston, South Carolina • Aerospace Corporation, El Segundo, California • American Institutes of Research(AIR),Washington D.C. • Argonne National Laboratory, Chicago, Illinois • Atomic Casualty Commission,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://www.whitehouse.gov/omb/circulars/a122/a122 2004.html 7/19/2006 7/19/2006 pyright. (21 The oaf ent or coovriaht has been adiudicated to be invalid. or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 1 22_2004.html 7/19/2006 s 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 Darts necessary to carry out a Federal award are • http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 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 L— •—t..--L:—: {I....--J..—:a —1 ..L—II L— http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 s/a110/al10.html 6/23/2006 in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 2 BE IT FURTHER RESOLVED: THAT,the Cable Television Advisory Committee's review shall afford the public with an opportunity to identify the future cable-related community needs and interests and to review the performance of Qwest Broadband Services, Inc., under the existing franchise; that such proceedings commenced by this resolution shall be sufficient to comply with the direction of 47 U.S.C. §546(a)(1); and that the review shall be conducted to the extent possible and advisable together with proceedings to consider renewing any other entity's cable television franchise with the City of Omaha. APP' OVE AS TO FORM: ne. -off DEPUTY CI At -RN Y DATE P:\LAW—CITY COUNCIL DOCUMENTS\2008\50100s1w.doc By /040.#1 C:70144" Councilmember Adopted JUL 2 9 2008 6-0 .,,t ,;‘,0 City Clerk 7///08 Approved> 4eie4;41-4, Mayor an opportunity to identify the future cable-related community needs and interests and to review the performance of Qwest Broadband Services,Inc.,under the existing franchise; and, WHEREAS,the City Council has created a Cable Television Advisory Committee for the purpose of advising the Council on matters relating to cable television and carrying out such other duties as the Council may assign. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,proceedings are hereby commenced to review the request of Qwest Broadband Services, Inc., to renew its cable television franchise with the City of Omaha and the Cable Television Advisory Committee is assigned to review this request and submit recommendations to the City Council. By Councilmember Adopted City Clerk Approved Mayor the public's view has been received, the City may request a renewal proposal or Qwest can submit a proposal on its own initiative. At that time the City can establish minimum requirements. The City is to review the proposal and determine either to renew the franchise or preliminarily deny the renewal proposal. If there is a preliminary denial, the City must convene administrative proceedings to consider whether the operator has met the renewal standards. Throughout the stages of this process the City and Qwest remain free to informally negotiate a renewal agreement and end the process commenced by this Resolution. Date Printod M Financial Freedom Senior Frvudyog Corpoation'a Reverse Mortgage Analyzer_ Copyright 6 1999-2006 3111/08 53H 1111111111111111 �p1�I Page 1 of 1 tItI1 1 111 • F 9 0 0 2 3NA1 t exceed the sum previously dispersed from the grant. Section 8. This Agreement shall run with the land. Section 9. This Agreement is not assignable without prior written consent of the CITY. Section 10. This OWNER certifies,to the best of its knowledge and belief,that: 2 Revised 2/23/06 i I s at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Rev. 5/7/08 travel"includes any travel outside Canada, Mexico,the United States, and any United States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a foreign country means travel outside that country. 52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable.The costs are subject to restrictions regarding lodging,subsistence and air travel costs provided in paragraph 51. • ATTACHMENT C Circular No. A-122 NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR • Advance Technology Institute(ATI), Charleston, South Carolina • Aerospace Corporation, El Segundo, California • American Institutes of Research(AIR),Washington D.C. • Argonne National Laboratory, Chicago, Illinois • Atomic Casualty Commission,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://www.whitehouse.gov/omb/circulars/a122/a122 2004.html 7/19/2006 7/19/2006 pyright. (21 The oaf ent or coovriaht has been adiudicated to be invalid. or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 1 22_2004.html 7/19/2006 s 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 Darts necessary to carry out a Federal award are • http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 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 L— •—t..--L:—: {I....--J..—:a —1 ..L—II L— http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 s/a110/al10.html 6/23/2006 in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any oo '8 0 ° co .< CD CD, o . o. . 0ri, o .o 0 pv * co, . & ` n ° y P r a r R °o p 1coo n O CD co .-. .. J O c�DC) co B CP o •¢' cora �+, v9 o co p I ¢' O c... ,.....4 • 1"-- co • \CQ) a c y C O ,N z CO I c va ava wo o- CD „ " co v •� .N. ..\.... o kp0 ocl, � � � n0 �' ci) Ca 'A .• l = 0D � C ra, $ . 2 Orii -. C/ O CD • N. p . N 0• 0- cr• s n CD CD N ;y. CD 3 ` Cr O a CD OQ CD CD �1 0' rn Q. R vi K r' O N o R. O • t^. f. N. M City Clerk 7///08 Approved> 4eie4;41-4, Mayor an opportunity to identify the future cable-related community needs and interests and to review the performance of Qwest Broadband Services,Inc.,under the existing franchise; and, WHEREAS,the City Council has created a Cable Television Advisory Committee for the purpose of advising the Council on matters relating to cable television and carrying out such other duties as the Council may assign. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,proceedings are hereby commenced to review the request of Qwest Broadband Services, Inc., to renew its cable television franchise with the City of Omaha and the Cable Television Advisory Committee is assigned to review this request and submit recommendations to the City Council. By Councilmember Adopted City Clerk Approved Mayor the public's view has been received, the City may request a renewal proposal or Qwest can submit a proposal on its own initiative. At that time the City can establish minimum requirements. The City is to review the proposal and determine either to renew the franchise or preliminarily deny the renewal proposal. If there is a preliminary denial, the City must convene administrative proceedings to consider whether the operator has met the renewal standards. Throughout the stages of this process the City and Qwest remain free to informally negotiate a renewal agreement and end the process commenced by this Resolution. Date Printod M Financial Freedom Senior Frvudyog Corpoation'a Reverse Mortgage Analyzer_ Copyright 6 1999-2006 3111/08 53H 1111111111111111 �p1�I Page 1 of 1 tItI1 1 111 • F 9 0 0 2 3NA1 t exceed the sum previously dispersed from the grant. Section 8. This Agreement shall run with the land. Section 9. This Agreement is not assignable without prior written consent of the CITY. Section 10. This OWNER certifies,to the best of its knowledge and belief,that: 2 Revised 2/23/06 i I s at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Rev. 5/7/08 travel"includes any travel outside Canada, Mexico,the United States, and any United States territories and possessions. However,the term"foreign travel"for a non-profit organization located in a foreign country means travel outside that country. 52. Trustees.Travel and subsistence costs of trustees (or directors)are allowable.The costs are subject to restrictions regarding lodging,subsistence and air travel costs provided in paragraph 51. • ATTACHMENT C Circular No. A-122 NON-PROFIT ORGANIZATIONS NOT SUBJECT TO THIS CIRCULAR • Advance Technology Institute(ATI), Charleston, South Carolina • Aerospace Corporation, El Segundo, California • American Institutes of Research(AIR),Washington D.C. • Argonne National Laboratory, Chicago, Illinois • Atomic Casualty Commission,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://www.whitehouse.gov/omb/circulars/a122/a122 2004.html 7/19/2006 7/19/2006 pyright. (21 The oaf ent or coovriaht has been adiudicated to be invalid. or has been administratively determined to be http://www.whitehouse.gov/omb/circulars/a122/a 1 22_2004.html 7/19/2006 s 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 Darts necessary to carry out a Federal award are • http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 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 L— •—t..--L:—: {I....--J..—:a —1 ..L—II L— http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006 s/a110/al10.html 6/23/2006 in good faith made every reasonable effort in the City additional prospective agreements with of Omaha's judgment, to meet such goals. If any