RES 2006-1418 - Amendment to redevelopment agmt with Durham Western Heritage Museum Inc 1
(..tAMHA,^,�
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RECEIVED
� ti s�� Office of the Mayor
i.,NA, 1819 Farnam Street,Suite 300
n® [11 �! w 06NOV 21 PH 2 3 Omaha,Nebraska 68183 0300
0�. '
A a (402)444-5000
OR�rFD FEBRri• yI T G L E R s c FAX:(402)444-6059
CityofOmaha OM,: iA, tIEB�iAS3 A
Mike Fahey,Mayor
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution authorizing the Mayor to execute and the City Clerk to
attest the attached Fourth Amendment to Redevelopment Agreement between the City of Omaha
and DURHAM WESTERN HERITAGE MUSEUM, a Nebraska non-profit corporation,
formerly known as WESTERN HERITAGE SOCIETY, INC., a Nebraska non-profit
corporation. The effect of this amendment is to extend the terms of the Redevelopment
Agreement entered into between the City of Omaha and the Western Heritage Society, Inc. in
January, 1995 for the Western Heritage Museum for one additional year. This contemplates that
Western Heritage will continue to perform its obligations under the agreement and that the City
of Omaha will make payment in a manner under the agreement in an amount not to exceed
$300,000.00 for calendar year 2007. It is contemplated that the expenditure will be from Keno
funds, Western Heritage Society Organization #126838, Omaha Keno/Lottery Fund #12118.
Any additional extensions or modifications would require returning to the Council.
Your favorable passage of this Resolution is respectfully requested.
Sincerely, Approved as to Funding:
IZ?A Lf v// -22- 1 G. QJv- c_ ��� 4aL
Mike Fahey, Mayor Date Carol A. Ebdon Date
City of Omaha Finance Director
P:\LAW 1\16825maf.doc
J
stitute the limitations on
expenditures for each category, subcategory, and line item of expense;
e. Not exceed the limitations so established and not to shift amounts among line items
without a properly executed modification of the Contract;
f. Submit to the City Council progress reports on a quarterly basis of all activities and
functions for which funds of the City are received;
-5-
er(s) who placed the intoxicated persons in civil
protective custody. Said records shall be made available for inspection to the City at
any time. The parties agree that said records are accessible to the City pursuant to
the provisions of Sections 2.53, 42 C.F.R. Part 2. The City hereby affirms that it will
comply with the limitations on the disclosure of information provided to it pursuant
to this paragraph as set forth in Sections 2.53(d),42 C.F.R. Part 2.
-2-
cessful bidder(i.e.
the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human
Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractors bid or to terminate the
Contract for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults
under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any
future Contract Awards.
Signatu /j�_e _. %lam
Title G'YQ S I O.OX1t Date of Signing I - -c
Firm or Corporate Name
Name L)f ,U)Yl m) C` - ` -r., \()p(� '
Address
' ):7 J 5 (�' St , Yl O 04 N t"_ 6)-g II a Telephone Number«Oa �-53 -/
der fail to comply with the above, its bid will be
subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid.
SIGN ALL COPIES Firm L ,U nSYn 4l 1P.,9
By •
Title @ 'd S )At.,
rotected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBEIDBE CERTIFIED LISTINGS".
All bidders awarded a contract iri the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department thel Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055,
(Please Print Legibly or Type) Firm Ln ll)i IL-YYt r-t V1 RB' ( , . Incorporated in C .
(S )
Name Or t-CL.Y) r • Sri r E i_1 signature
Title t''ra.S 1 ft7.r l h phone 04 1�LW.7 `faro Fax .�i, - cR`7R
Address 3l7 l SiLr a, YDrrh f 0mrf kvi I\1 6; R I 1,2 -I 45
Street/P.O.Box City State Zip
E-Mail Address (7�.�
.html 7/19/2006
use.gov/omb/circulars/a122/a122_2004.html , . 7/19/2006
eciation 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 :-:-Ll....--J..-:L
http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ons:
from each fiscal year by participant 1. 0-30 Percent of Area Median means a household whose
number. adjusted income is at or below 30 percent of the median
family income for the area, as determined by HUD with
Part B: Activity Information adjustments for smaller and larger families.
Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household
single activity set-up. whose adjusted income exceeds 30 percent and does
1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for
based rental assistance activity. the area, as determined by HUD with adjustments for
2. County Code. To be completed only by States that are smaller and larger families.
being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household
Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does
which the project is located. not exceed 60 percent of the median family income for
3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for
of tenants to be assisted by this activity. smaller and larger families.
Page 3 of 4 form HUD-40095(02/2003)
FOURTH AMENDMENT TO REDEVELOPMENT AGREEMENT
This Fourth Amendment to Redevelopment Agreement is entered into by and
between the CITY OF OMAHA, a municipal corporation, hereinafter referred to as the
"City," and DURHAM WESTERN HERITAGE MUSEUM, a Nebraska non-profit
corporation, formerly known as WESTERN HERITAGE SOCIETY, INC., a Nebraska
non-profit corporation, hereinafter referred to as "Museum."
WHEREAS, the parties entered into a Redevelopment Agreement, hereinafter
referred to as the "Agreement," approved by the City Council of the City of Omaha by
Ordinance No. 33472 on January 31, 1995; and,
WHEREAS, the parties entered into an Amendment to that Redevelopment
Agreement, hereinafter referred to as the "Amendment," approved by the City Council of
the City of Omaha by Ordinance No. 34792 on December 22, 1998; and,
WHEREAS, the parties entered into a Second Amendment to Redevelopment
Agreement,hereinafter referred to as the "Second Amendment," which extended the term
of the original Agreement for one year, which was approved by the City Council of the
City of Omaha by Resolution No. 1071 on August 24, 2004; and,
WHEREAS, the parties entered into a Third Amendment to Redevelopment
Agreement, hereinafter referred to as the "Third Amendment," which extended the term
of the original Agreement for one year, which was approved by the City Council of the
City of Omaha by Resolution No. 1269 on October 18, 2005; and,
WHEREAS, the parties, while recognizing that many of the terms, conditions,
and covenants of the Agreement, the Amendment, the Second Amendment, and Third
Sincerely, Approved as to Funding:
IZ?A Lf v// -22- 1 G. QJv- c_ ��� 4aL
Mike Fahey, Mayor Date Carol A. Ebdon Date
City of Omaha Finance Director
P:\LAW 1\16825maf.doc
J
stitute the limitations on
expenditures for each category, subcategory, and line item of expense;
e. Not exceed the limitations so established and not to shift amounts among line items
without a properly executed modification of the Contract;
f. Submit to the City Council progress reports on a quarterly basis of all activities and
functions for which funds of the City are received;
-5-
er(s) who placed the intoxicated persons in civil
protective custody. Said records shall be made available for inspection to the City at
any time. The parties agree that said records are accessible to the City pursuant to
the provisions of Sections 2.53, 42 C.F.R. Part 2. The City hereby affirms that it will
comply with the limitations on the disclosure of information provided to it pursuant
to this paragraph as set forth in Sections 2.53(d),42 C.F.R. Part 2.
-2-
cessful bidder(i.e.
the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human
Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractors bid or to terminate the
Contract for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults
under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any
future Contract Awards.
Signatu /j�_e _. %lam
Title G'YQ S I O.OX1t Date of Signing I - -c
Firm or Corporate Name
Name L)f ,U)Yl m) C` - ` -r., \()p(� '
Address
' ):7 J 5 (�' St , Yl O 04 N t"_ 6)-g II a Telephone Number«Oa �-53 -/
der fail to comply with the above, its bid will be
subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid.
SIGN ALL COPIES Firm L ,U nSYn 4l 1P.,9
By •
Title @ 'd S )At.,
rotected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBEIDBE CERTIFIED LISTINGS".
All bidders awarded a contract iri the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department thel Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055,
(Please Print Legibly or Type) Firm Ln ll)i IL-YYt r-t V1 RB' ( , . Incorporated in C .
(S )
Name Or t-CL.Y) r • Sri r E i_1 signature
Title t''ra.S 1 ft7.r l h phone 04 1�LW.7 `faro Fax .�i, - cR`7R
Address 3l7 l SiLr a, YDrrh f 0mrf kvi I\1 6; R I 1,2 -I 45
Street/P.O.Box City State Zip
E-Mail Address (7�.�
.html 7/19/2006
use.gov/omb/circulars/a122/a122_2004.html , . 7/19/2006
eciation 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 :-:-Ll....--J..-:L
http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ons:
from each fiscal year by participant 1. 0-30 Percent of Area Median means a household whose
number. adjusted income is at or below 30 percent of the median
family income for the area, as determined by HUD with
Part B: Activity Information adjustments for smaller and larger families.
Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household
single activity set-up. whose adjusted income exceeds 30 percent and does
1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for
based rental assistance activity. the area, as determined by HUD with adjustments for
2. County Code. To be completed only by States that are smaller and larger families.
being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household
Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does
which the project is located. not exceed 60 percent of the median family income for
3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for
of tenants to be assisted by this activity. smaller and larger families.
Page 3 of 4 form HUD-40095(02/2003)
Amendment have been satisfied desire to extend the term of the relationship for one more
year; and,
WHEREAS, the City agrees to make payment in the amount up to three hundred
thousand dollars ($300,000.00); and,
WHEREAS, the City and the Museum desire to put the terms of the Fourth
Amendment to Redevelopment Agreement in writing.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein,the parties hereto agree as follows:
1. That the Agreement, Amendment, Second Amendment, and Third
Amendment previously approved by the City Council of the City of Omaha shall remain
in effect for one more year. In consideration of the obligations of the Museum, the City
agrees to provide funding in an amount up to three hundred thousand dollars and no cents
($300,000.00) for calendar year 2007 in the manner detailed in Agreement and the
Amendments.
2. The parties acknowledge that many of the original terms, conditions, and
covenants of the Agreement, Amendment, Second Amendment, and Third Amendment
have been satisfied or have expired and this Amendment is not intended to alter that
language.
•
IN WITNESS WHEREOF, the parties hereto have set their hands this 7"day of
, 2006.
ATTEST: CITY OF OMAHA
By:
CI CLERK OF THE CITY OF OMAHA MAYOR
a446AX--
ity of Omaha by Resolution No. 1269 on October 18, 2005; and,
WHEREAS, the parties, while recognizing that many of the terms, conditions,
and covenants of the Agreement, the Amendment, the Second Amendment, and Third
Sincerely, Approved as to Funding:
IZ?A Lf v// -22- 1 G. QJv- c_ ��� 4aL
Mike Fahey, Mayor Date Carol A. Ebdon Date
City of Omaha Finance Director
P:\LAW 1\16825maf.doc
J
stitute the limitations on
expenditures for each category, subcategory, and line item of expense;
e. Not exceed the limitations so established and not to shift amounts among line items
without a properly executed modification of the Contract;
f. Submit to the City Council progress reports on a quarterly basis of all activities and
functions for which funds of the City are received;
-5-
er(s) who placed the intoxicated persons in civil
protective custody. Said records shall be made available for inspection to the City at
any time. The parties agree that said records are accessible to the City pursuant to
the provisions of Sections 2.53, 42 C.F.R. Part 2. The City hereby affirms that it will
comply with the limitations on the disclosure of information provided to it pursuant
to this paragraph as set forth in Sections 2.53(d),42 C.F.R. Part 2.
-2-
cessful bidder(i.e.
the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human
Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractors bid or to terminate the
Contract for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults
under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any
future Contract Awards.
Signatu /j�_e _. %lam
Title G'YQ S I O.OX1t Date of Signing I - -c
Firm or Corporate Name
Name L)f ,U)Yl m) C` - ` -r., \()p(� '
Address
' ):7 J 5 (�' St , Yl O 04 N t"_ 6)-g II a Telephone Number«Oa �-53 -/
der fail to comply with the above, its bid will be
subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid.
SIGN ALL COPIES Firm L ,U nSYn 4l 1P.,9
By •
Title @ 'd S )At.,
rotected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBEIDBE CERTIFIED LISTINGS".
All bidders awarded a contract iri the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department thel Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055,
(Please Print Legibly or Type) Firm Ln ll)i IL-YYt r-t V1 RB' ( , . Incorporated in C .
(S )
Name Or t-CL.Y) r • Sri r E i_1 signature
Title t''ra.S 1 ft7.r l h phone 04 1�LW.7 `faro Fax .�i, - cR`7R
Address 3l7 l SiLr a, YDrrh f 0mrf kvi I\1 6; R I 1,2 -I 45
Street/P.O.Box City State Zip
E-Mail Address (7�.�
.html 7/19/2006
use.gov/omb/circulars/a122/a122_2004.html , . 7/19/2006
eciation 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 :-:-Ll....--J..-:L
http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ons:
from each fiscal year by participant 1. 0-30 Percent of Area Median means a household whose
number. adjusted income is at or below 30 percent of the median
family income for the area, as determined by HUD with
Part B: Activity Information adjustments for smaller and larger families.
Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household
single activity set-up. whose adjusted income exceeds 30 percent and does
1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for
based rental assistance activity. the area, as determined by HUD with adjustments for
2. County Code. To be completed only by States that are smaller and larger families.
being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household
Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does
which the project is located. not exceed 60 percent of the median family income for
3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for
of tenants to be assisted by this activity. smaller and larger families.
Page 3 of 4 form HUD-40095(02/2003)
APPROVED AS TO FORM:
--S-7-)1(IA-710C
ASSISTANT CITY ATTORNEY
ATTEST: DURHAM WESTERN HERITAGE
MUSEUM, formerly known as the
WESTERN HERITAGE SOCIETY,
INC.
By:
CHAIRMAN LE W. MITH II
Ex cutive Director
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P:\PRPP 1\16819ma£doc
order so that such
provisions will be binding upon each subcontractor or vendor. (Code 1980,
Section 10-192; Ordinance No. 35344, Sections 1, 9-26-00)
^^ -/-
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha, a municipal corporation, and Western Heritage
Society, Inc., entered into a Redevelopment Agreement, which was approved by the City
Council of the City of Omaha by Ordinance No. 33472 on January 31, 1995; and,
WHEREAS, the parties entered into an Amendment to the Redevelopment
Agreement approved by the City Council of the City of Omaha by Ordinance No. 34792 on
December 22, 1998; and,
WHEREAS, the parties entered into a Second Amendment to Redevelopment
Agreement approved by the City Council of the City of Omaha by Resolution No. 1071 on
August 24, 2004; and,
WHEREAS, the parties entered into a Third Amendment to Redevelopment
Agreement approved by the City Council of the City of Omaha by Resolution No. 1269 on
October 18, 2005; and,
WHEREAS, the parties have agreed to extend the obligations and term of the
Agreement, the Amendment to the Redevelopment Agreement, the Second Amendment to
Redevelopment Agreement, and the Third Amendment to the Redevelopment Agreement for one
additional year; and,
WHEREAS, the Western Heritage Society, Inc. has changed their name to the
Durham Western Heritage Museum, Inc.; and,
WHEREAS, the City of Omaha and Durham Western Heritage Museum, Inc.,
have prepared a Fourth Amendment to Redevelopment Agreement which extends the term of the
original Agreement for one more year and requires payment of funds from one additional budget
year of the City; and,
WHEREAS, the Amendment to the Redevelopment Agreement, the City of
Omaha will be obligated to pay $300,000 per year, of which $100,000 may be funded from
interest generated by excess proceeds from the sale of portions of the Byron Reed Collection
which are on deposit; and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
exceed the limitations so established and not to shift amounts among line items
without a properly executed modification of the Contract;
f. Submit to the City Council progress reports on a quarterly basis of all activities and
functions for which funds of the City are received;
-5-
er(s) who placed the intoxicated persons in civil
protective custody. Said records shall be made available for inspection to the City at
any time. The parties agree that said records are accessible to the City pursuant to
the provisions of Sections 2.53, 42 C.F.R. Part 2. The City hereby affirms that it will
comply with the limitations on the disclosure of information provided to it pursuant
to this paragraph as set forth in Sections 2.53(d),42 C.F.R. Part 2.
-2-
cessful bidder(i.e.
the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human
Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractors bid or to terminate the
Contract for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults
under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any
future Contract Awards.
Signatu /j�_e _. %lam
Title G'YQ S I O.OX1t Date of Signing I - -c
Firm or Corporate Name
Name L)f ,U)Yl m) C` - ` -r., \()p(� '
Address
' ):7 J 5 (�' St , Yl O 04 N t"_ 6)-g II a Telephone Number«Oa �-53 -/
der fail to comply with the above, its bid will be
subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid.
SIGN ALL COPIES Firm L ,U nSYn 4l 1P.,9
By •
Title @ 'd S )At.,
rotected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBEIDBE CERTIFIED LISTINGS".
All bidders awarded a contract iri the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department thel Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055,
(Please Print Legibly or Type) Firm Ln ll)i IL-YYt r-t V1 RB' ( , . Incorporated in C .
(S )
Name Or t-CL.Y) r • Sri r E i_1 signature
Title t''ra.S 1 ft7.r l h phone 04 1�LW.7 `faro Fax .�i, - cR`7R
Address 3l7 l SiLr a, YDrrh f 0mrf kvi I\1 6; R I 1,2 -I 45
Street/P.O.Box City State Zip
E-Mail Address (7�.�
.html 7/19/2006
use.gov/omb/circulars/a122/a122_2004.html , . 7/19/2006
eciation 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 :-:-Ll....--J..-:L
http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ons:
from each fiscal year by participant 1. 0-30 Percent of Area Median means a household whose
number. adjusted income is at or below 30 percent of the median
family income for the area, as determined by HUD with
Part B: Activity Information adjustments for smaller and larger families.
Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household
single activity set-up. whose adjusted income exceeds 30 percent and does
1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for
based rental assistance activity. the area, as determined by HUD with adjustments for
2. County Code. To be completed only by States that are smaller and larger families.
being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household
Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does
which the project is located. not exceed 60 percent of the median family income for
3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for
of tenants to be assisted by this activity. smaller and larger families.
Page 3 of 4 form HUD-40095(02/2003)
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
PAGE 2
WHEREAS, the City of Omaha has determined that it will not fund this
obligation with interest generated by excess proceeds from the sale of portions of the Byron
Reed Collection which are on deposit
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Mayor is authorized to execute and the City Clerk to attest the
attached Fourth Amendment to Redevelopment Agreement between the City of Omaha and
Durham Western Heritage Museum, Inc., a Nebraska nonprofit corporation which calls for the
extension of the terms for one additional year and payment in the amount of$300,000 per year,
of which $100,000 may be funded from interest generated by excess proceeds from the sale of
portions of the Byron Reed Collection which are on deposit, .pursuant to the Redevelopment
Agreement, the Amendment to Redevelopment Agreement, the Second Amendment to
Redevelopment Agreement, and the Third Amendment to Redevelopment Agreement.
BE IT FURTHER RESOLVED:
THAT, the Finance Department is authorized to pay the funds in the amount of
$300,000 from the Western Heritage Society Organization #126838, Omaha Keno/Lottery Fund
#12118.
APPROVED AS TO FORM:
C#C72--C7it\zo
A CITY ATTORNEY DATE
P:\LAW 1\16826maf.doc
By q/`..ld
- Councilmember
Adopted DEC - 5 2006 6-0 --/ 1-15
j0D 3, l/ A /
City Clerk
• :01.Acjr_
Approved �,a.
Mayor
WHEREAS, the Amendment to the Redevelopment Agreement, the City of
Omaha will be obligated to pay $300,000 per year, of which $100,000 may be funded from
interest generated by excess proceeds from the sale of portions of the Byron Reed Collection
which are on deposit; and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
exceed the limitations so established and not to shift amounts among line items
without a properly executed modification of the Contract;
f. Submit to the City Council progress reports on a quarterly basis of all activities and
functions for which funds of the City are received;
-5-
er(s) who placed the intoxicated persons in civil
protective custody. Said records shall be made available for inspection to the City at
any time. The parties agree that said records are accessible to the City pursuant to
the provisions of Sections 2.53, 42 C.F.R. Part 2. The City hereby affirms that it will
comply with the limitations on the disclosure of information provided to it pursuant
to this paragraph as set forth in Sections 2.53(d),42 C.F.R. Part 2.
-2-
cessful bidder(i.e.
the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human
Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractors bid or to terminate the
Contract for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults
under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any
future Contract Awards.
Signatu /j�_e _. %lam
Title G'YQ S I O.OX1t Date of Signing I - -c
Firm or Corporate Name
Name L)f ,U)Yl m) C` - ` -r., \()p(� '
Address
' ):7 J 5 (�' St , Yl O 04 N t"_ 6)-g II a Telephone Number«Oa �-53 -/
der fail to comply with the above, its bid will be
subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid.
SIGN ALL COPIES Firm L ,U nSYn 4l 1P.,9
By •
Title @ 'd S )At.,
rotected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBEIDBE CERTIFIED LISTINGS".
All bidders awarded a contract iri the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department thel Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055,
(Please Print Legibly or Type) Firm Ln ll)i IL-YYt r-t V1 RB' ( , . Incorporated in C .
(S )
Name Or t-CL.Y) r • Sri r E i_1 signature
Title t''ra.S 1 ft7.r l h phone 04 1�LW.7 `faro Fax .�i, - cR`7R
Address 3l7 l SiLr a, YDrrh f 0mrf kvi I\1 6; R I 1,2 -I 45
Street/P.O.Box City State Zip
E-Mail Address (7�.�
.html 7/19/2006
use.gov/omb/circulars/a122/a122_2004.html , . 7/19/2006
eciation 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 :-:-Ll....--J..-:L
http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ons:
from each fiscal year by participant 1. 0-30 Percent of Area Median means a household whose
number. adjusted income is at or below 30 percent of the median
family income for the area, as determined by HUD with
Part B: Activity Information adjustments for smaller and larger families.
Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household
single activity set-up. whose adjusted income exceeds 30 percent and does
1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for
based rental assistance activity. the area, as determined by HUD with adjustments for
2. County Code. To be completed only by States that are smaller and larger families.
being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household
Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does
which the project is located. not exceed 60 percent of the median family income for
3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for
of tenants to be assisted by this activity. smaller and larger families.
Page 3 of 4 form HUD-40095(02/2003)
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U
e Department is authorized to pay the funds in the amount of
$300,000 from the Western Heritage Society Organization #126838, Omaha Keno/Lottery Fund
#12118.
APPROVED AS TO FORM:
C#C72--C7it\zo
A CITY ATTORNEY DATE
P:\LAW 1\16826maf.doc
By q/`..ld
- Councilmember
Adopted DEC - 5 2006 6-0 --/ 1-15
j0D 3, l/ A /
City Clerk
• :01.Acjr_
Approved �,a.
Mayor
WHEREAS, the Amendment to the Redevelopment Agreement, the City of
Omaha will be obligated to pay $300,000 per year, of which $100,000 may be funded from
interest generated by excess proceeds from the sale of portions of the Byron Reed Collection
which are on deposit; and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
exceed the limitations so established and not to shift amounts among line items
without a properly executed modification of the Contract;
f. Submit to the City Council progress reports on a quarterly basis of all activities and
functions for which funds of the City are received;
-5-
er(s) who placed the intoxicated persons in civil
protective custody. Said records shall be made available for inspection to the City at
any time. The parties agree that said records are accessible to the City pursuant to
the provisions of Sections 2.53, 42 C.F.R. Part 2. The City hereby affirms that it will
comply with the limitations on the disclosure of information provided to it pursuant
to this paragraph as set forth in Sections 2.53(d),42 C.F.R. Part 2.
-2-
cessful bidder(i.e.
the Contractor)to implement the stated agreements,intentions,objectives,goals,and comments set forth herein without prior approval of the Director of the Human
Relations Department, such action shall constitute a material breach of the contract, entitling the City of Omaha to reject the contractors bid or to terminate the
Contract for default. The right to so terminate shall be in addition to,and not in lieu of,any other rights or remedies the City of Omaha may have for other defaults
under the Contract,under City of Omaha's Contract Compliance Ordinance or otherwise. Additionally,the Undersigned/Contractor will be subject to the terms of any
future Contract Awards.
Signatu /j�_e _. %lam
Title G'YQ S I O.OX1t Date of Signing I - -c
Firm or Corporate Name
Name L)f ,U)Yl m) C` - ` -r., \()p(� '
Address
' ):7 J 5 (�' St , Yl O 04 N t"_ 6)-g II a Telephone Number«Oa �-53 -/
der fail to comply with the above, its bid will be
subject to rejection. In Addition please review all the specifications and bid enclosures to be certain of a complete and compliant bid.
SIGN ALL COPIES Firm L ,U nSYn 4l 1P.,9
By •
Title @ 'd S )At.,
rotected Business Enterprise/Certified Business Enterprise (PBEIDBE)" listing from the City of Omaha website at
www.d.omaha.ne.us. Click on"DEPARTMENTS"; Click on"HUMAN RELATIONS"; Click on"PBEIDBE CERTIFIED LISTINGS".
All bidders awarded a contract iri the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human Relations Department thel Contract
Compliance Report(Form CC-1).This report shall be in effect for 24 months from the date received by the Human Relations Department Any questions regarding the Contract Compliance
Ordinance should be directed to the Human Relations Department at 402-444-5055,
(Please Print Legibly or Type) Firm Ln ll)i IL-YYt r-t V1 RB' ( , . Incorporated in C .
(S )
Name Or t-CL.Y) r • Sri r E i_1 signature
Title t''ra.S 1 ft7.r l h phone 04 1�LW.7 `faro Fax .�i, - cR`7R
Address 3l7 l SiLr a, YDrrh f 0mrf kvi I\1 6; R I 1,2 -I 45
Street/P.O.Box City State Zip
E-Mail Address (7�.�
.html 7/19/2006
use.gov/omb/circulars/a122/a122_2004.html , . 7/19/2006
eciation 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 :-:-Ll....--J..-:L
http://www.whitehouse.gov/omb/circulars/a122/a122_2004.html 7/19/2006
ons:
from each fiscal year by participant 1. 0-30 Percent of Area Median means a household whose
number. adjusted income is at or below 30 percent of the median
family income for the area, as determined by HUD with
Part B: Activity Information adjustments for smaller and larger families.
Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household
single activity set-up. whose adjusted income exceeds 30 percent and does
1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for
based rental assistance activity. the area, as determined by HUD with adjustments for
2. County Code. To be completed only by States that are smaller and larger families.
being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household
Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does
which the project is located. not exceed 60 percent of the median family income for
3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for
of tenants to be assisted by this activity. smaller and larger families.
Page 3 of 4 form HUD-40095(02/2003)