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RES 2000-1856 - CDBG deferred payment loan for construction of Jones Body Shop in North Omaha Business Park 1 , • OMAHA NFe Planning Department Omaha/Douglas Civic Center attram„_• pm 3: 34 1819 Farnam Street,Suite 1100 �rR` 00 . tiro 33 ` `� Omaha,Nebraska 68183-0110 Ors' << '41 � (402)444-5200 �'F.= Sites;.`-'' y C tTY CLERK 9ie ro• C I i Y 002)444-5150 O,P'TED FEBRUv rj¢�a ,C;1 Telefax(402)444-6140 OMAHA,City of Omaha Robert C.Peters Hal Daub,Mayor July 11, 2000 Acting Director Honorable President and Members of the City Council, The attached proposed Resolution authorizes a $365,730.00 Community Development Block Grant (CDBG) Deferred Payment Loan for Richard A. Jones, a married person; Jobosh, Inc., a Nebraska Corporation, Richard A. Jones, President; and Jobosh II, Inc., a Nebraska Corporation, Richard A. Jones, President (Owners), 3239 Ohio Street, Omaha, Nebraska 68111, for the construction of the Jones Body Shop in the North Omaha Business Park. A condition of this "economic development" loan will be the creation of five new jobs and the retainage of five existing jobs, all available to low and moderate income persons. These jobs shall be filled by April 1, 2003 and maintained through April 1, 2008. Attached to the Agreement, as "Attachment I", is a copy of the Owners' commitment to make all jobs created/retained available to low-and-moderate income persons; to provide training for any of those jobs requiring special skills or education; a listing by job title and job description the jobs to be created and/or retained; the hiring process and the salary range for each position. This Project is included in the FY 2000 Consolidated Submission for Community Planning and Development Programs approved by the City Council on December 16, 1999,by Resolution No. 3039. Funds shall be payable from the FY 2000, CDBG Economic Development Program, Agency No. 200, Fund No. 193, Organization No. 8330. Total project cost is estimated at $1,129,230.00, consisting of a $365,730.00 CDBG Deferred Payment Loan, a $300,000.00 bank loan, and $463,500.00 in cash contributions from the Owners. This project re-establishes a business and creates jobs in the North Omaha community. The Owners shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, and construct the facility at 24th and Paul Streets so that it is accessible and adaptable for persons having mobility, hearing or vision impairments. • 1 Honorable President and Members of the City Council Page 2 The Contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Relations Director will review the Contractor to ensure compliance with the Contract Compliance Ordinance. Your favorable consideration of this Resolution will be appreciated. Sincerely, Ref ed to City " * ncil f r Consideration: .zg,G'Q Y14 .....4/L1 oro Robert C. Peters Date Mayor's Office/Title Date Acting Planning Director Approved: Approved: C,4444..AAL I Wit,e, ete,eze_ pc",;4 _44.0../40„. .00 Stanley P. Ti Date KellyParis-Asaka Date ►� Acting Finance Director " Human Relations Director P:\PLN3\8597maf.doc • AGREEMENT THIS AGREEMENT is entered into by and among the City of Omaha, a Municipal Corporation in Douglas County, Nebraska (hereinafter referred to as "the City"); Richard A. Jones, a married person; Jobosh, Inc., a Nebraska Corporation, Richard A. Jones, President; and Jobosh II, Inc., a Nebraska Corporation, Richard A. Jones, President (hereinafter referred to as Owners), 3239 Ohio Street, Omaha,Nebraska 68111. RECITALS: WHEREAS, the City of Omaha is a municipal corporation located in Douglas County, Nebraska and is organized and existing under the laws of the State of Nebraska, and is authorized and empowered to exercise all powers conferred by the State constitution, laws, Home Rule Charter of the City of Omaha, 1956, as amended, and local ordinances, including but not limited to,the power to contract; and, WHEREAS, the City annually receives Community Development Block Grant funds under Title 1 of the Housing and Community Development Act of 1974, as amended, for the purpose of benefiting low and moderate income residents, eliminating slums and blight, and for other urgent community development needs; and, WHEREAS, the City Council approved the City of Omaha's FY 2000 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) on December 16, 1999, by Resolution No. 3039; and, WHEREAS, the re-establishment of the Jones Body Shop,the creation of 5 new jobs and the retainage of 5 existing jobs were included in the Economic Development, North Omaha Business Park Development Program; and, - 1 - f ` WHEREAS, as a condition of this "economic development" loan, this project will create 5 new jobs and retain 5 existing jobs by April 1, 2003 (all available to low and moderate income persons), and maintain these jobs through April 1, 2008; and, WHEREAS, attached hereto as Attachment I and incorporated herein by this reference is a copy of the Owners' commitment to retain 5 low and moderate income jobs and create 5 new jobs which will be made available to low and moderate income persons; to provide training for any of those jobs requiring special skills or education; a listing by job title and job description the jobs to be created and/or retained; the hiring process and the salary range for each position; and, WHEREAS, the Owners have submitted a preliminary application and have bid estimates which indicate the total project cost to construct the Jones Body Shop at 24th and Paul Streets, Omaha, Nebraska 68110 to be $1,129,230.00 consisting of a $365,730.00 CDBG Deferred Payment Loan, a $300,000.00 bank loan, and $463,500.00 in cash contributions from the Owners; and, WHEREAS, it is in the best interest of the City to enter into an agreement with the Owners to provide partial financing to construct the Jones Body Shop facility, create and retain jobs in the North Omaha community. IN CONSIDERATION OF THESE MUTUAL COVENANTS, Richard A. Jones, a married person; Jobosh, Inc.; and Jobosh II,Inc., and the City of Omaha agree as follows: Section 1. Definitions-Abbreviations 1.1 "City" shall mean—the City of Omaha. 1.2 "Owner of Real Property and Improvements Thereon" shall mean — Richard A. Jones, a married person(hereinafter referred to as"Owners"). 1.2.1 "Owner of Business" shall mean— Jobosh, Inc., a Nebraska Corporation, Richard A. Jones, President; and Jobosh II, Inc., a Nebraska Corporation, - 2 - i Richard A. Jones, President (hereinafter referred to as "Owners") — Exhibit"A". 1.3 "Director" shall mean—the Planning Director of the City of Omaha. 1.4 "CDBG Deferred Payment Loan" shall mean — a loan, without interest, of Community Development Block Grant funds in the amount of$365,730.00 to the Owners made subject to the terms, conditions and provisions of the loan agreement under which said loan is made, which shall provide inter-alia that same shall be payable in ten (10) years from and after the date of the promissory note; except as provided in Section 6.8 herein. 1.4.1 If the Owners fail to retain five (5) existing jobs and create five (5) new jobs for low and moderate income persons within two (2) years from and after April 1, 2001, the CDBG Deferred Payment Loan shall be due and payable on April 2, 2003. 1.4.2 If the Owners sell, convey, grant, mortgage,.assign or otherwise transfer their interest or a portion thereof within five (5) years from and after January 1, 2001, then on the first day after the said transfer the total amount of the CDBG Deferred Payment Loan is due. 1.4.3 If the Owners sell, convey, grant, mortgage, assign or otherwise transfer their interest or a portion thereof in the property after five (5) years from January 1, 2001, the CDBG Deferred Payment Loan shall be depreciated by one-one hundred twentieth (1/120th) for each month the Owners own the property. 1.4.4 If the Owners do not lease, convey, grant, mortgage, assign or otherwise transfer their interest in said property in ten (10) years from and after the date of the promissory note, the CDBG Deferred Payment Loan shall be considered paid-in-full and will be released from the property. 1.4.5 The Owners may not transfer, sell or assign their corporate stock unless the Mayor, or his designee, determines, in writing, that the City's interest • will not suffer as a result of the share transfer, sale or assignment. 1.5 "Construction Contract" shall mean - the contract for all construction work to be performed upon the Subject Property, more specifically the property located at 24th and Paul Streets, together with any work to be performed upon the land upon which said building is situated as may be required hereunder or deemed necessary or advisable and occasioned by said work upon structure. 1.6 "Construction Work" shall mean - all construction work provided for in the Construction Contract and as may be required hereunder. - 3 - 1.7 "Subject Property", "Property" or"Real Property" shall mean - the land located at 24th and Paul Streets, Omaha, Nebraska, legally described as Lot 4, North Omaha Business Park, an Addition to the City of Omaha, as surveyed, platted and recorded in Douglas County,Nebraska,together with all improvements thereon. 1.8 "Community Development Block Grant (CDBG)" shall mean - the program conducted under the provisions of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et. seq.), and the Code of Federal Regulations(24 CFR Part 570). Exhibit "A". 1.9 "CDBG Funds" shall mean - the portion of the Community Development Block Grant awarded to the City as may be available during Program Year 2000 for use specified herein, in an amount not to exceed $365,730.00 conditioned upon actual receipt of same, for the purposes stated herein. The CDBG funds shall be payable from the Economic Development Program, Agency No. 200, Fund 193, Organization No. 8330. 1.10 "Progress Payment" shall mean - that portion of the total Construction Contract paid in one or more disbursements, based upon the value of the construction work or professional service completed at the time the payment request is made, Exhibit "C", attached hereto and incorporated herein by this reference as though fully set forth. Section 2. Duties and Conditions of City Financing 2.1 Subject to and conditioned upon actual receipt of same, the City agrees to convey by Warranty Deed the site at 24th and Paul Streets, legally described as: Lot 4, North Omaha Business Park, an Addition to the City of Omaha, as surveyed, platted and recorded in Douglas County, Nebraska, to Richard A. Jones (a married person) for the sum of One Dollar ($1.00) and other valuable considerations. The lot conveyed shall be free of any and all encumbrances. The lot conveyed shall be sufficient to enable construction of the Jones Body Shop. In addition, the City agrees to provide a $365,730.00 CDBG Deferred Payment Loan Fund of FY 2000 CDBG funds subject to the conditions listed below. 2.1.1 The Owners may not request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the actual amount needed based on the budget attached hereto as Exhibit "C" and incorporated herein by this reference as though fully set forth. 2.2 The City shall review and monitor the required reports that identify the progress/accomplishments of the Owners, on the activities included in this Agreement and on contracts entered into with third parties pursuant thereto. -4 - 2.3 After completion of rehabilitation,the property must comply with all state, federal and local laws, ordinances, regulations and codes, including but not limited to, Section 8 Housing Quality Standards (HQS), as established by the Department of Housing and Urban Development (HUD), the City of Omaha, Property Rehabilitation Standards (PRS), and accessibility requirements, where applicable. The Director shall assist the Owners in the same manner the Director provides technical assistance to other contractors during the construction phase to ensure compliance with such requirements. 2.3.1 The City shall perform inspections of the property to ensure compliance with Section 2.3. 2.4 The City will secure its CDBG Deferred Payment Loan with a second mortgage/deed of trust subordinate to an amount not to exceed $400,000.00, plus reasonable closing costs. The City shall ensure that the Owners repay the Deferred Payment Loan, as set forth in Paragraphs 1.4, 1.4.1, 1.4.2, 1.4.3, 1.4.4 and 1.4.5 herein. 2.5 In no event shall the City assume any obligation to make any or all of the above-referenced funding available nor shall the City incur any liability hereunder unless and until the Owners have submitted for and received the approval of the Director of all of the following: 2.5.1 evidence that Owners funding is available as required by Paragraph 3.1 herein; and, 2.5.2 a duly executed Construction Contract; and, 2.5.3. a Performance and Labor Materials Bond and/or an Irrevocable Letter of Credit in force for one year following the completion of the Construction Work from the contractor in an aggregate amount of the contract bid. The Bond and/or Letters of Credit shall be in favor of the City and shall be submitted for review and approval by the Director. The City reserves the right to reject the Letters of Credit and choice of surety for the Bond. 2.5.3.1 The Owners shall maintain certificates of insurance from all contractors, in favor of the City, which shall be submitted for review and approval by the Director. The insurance coverage shall include, at a minimum, $200,000.00 bodily injury or death, $200,000.00 property damage and Workers' Compensation. 2.6 In no event shall the City assume any obligations to make or continue to make any and all of the above-referenced funding available nor shall the City incur any liability hereunder unless and until the Owners have timely and fully complied with their duties and obligations arising hereunder. - 5 - 2.7 In the event that all of the terms and conditions for funding as set forth hereinabove have been fully complied with, the City does hereby agree to make only those progress payments as may be authorized to be paid by the Director or his designate upon receipt, verification and approval of an AIA Document G702 "Application and Certificate for Payment", or comparable document, provided that no payments shall be made for any work, labor, material or expense incurred which the Director, in his sole discretion, deems to be: 2.7.1 unacceptable or substandard; or, 2.7.2 not in accordance with this Agreement or the Construction Contract as approved; or, 2.7.3 not in conformance with the applicable state, federal and local laws, including but not limited to, the building, plumbing and/or electrical codes; or, 2.7.4 not in conformance with the work write-up and/or proposals as approved. 2.8 In the event that all of the conditions of funding are not met by the Owners on or before October 31, 2000, then this Agreement shall automatically become null and void and the City shall not be deemed to have assumed any obligation or liability hereunder. Upon the sole discretion of the Director, this date may be extended up to an additional six months. 2.9 During the period of project development and Construction Work, and for the term of the loan, the Owners shall maintain at least a fire and extended coverage property insurance policy in at least the amount of $765,730.00 and apply such insurance proceeds to the reconstruction of the project or repayment in full of the CDBG Deferred Payment Loan. Section 3. Duties and Conditions of the Owners 3.1 The Owners shall provide a $763,500.00 contribution in the form of a bank loan and/or Owners cash contributions for the Project. The Owners shall certify the availability of the contribution to the Director in a manner designated by him. 3.2 The Owners do hereby certify, contract and agree that any and all funding obtained by it or made available to it hereunder shall be used solely and exclusively for the express purpose of constructing the Subject Property in strict compliance with this Agreement and the Construction Contract as approved, as well as the proposals, drawings and other specifications as approved. ff 3.3 The Owners shall execute a promissory note (similar in content to Attachment II, incorporated herein by this reference) and Richard A. Jones, a married person, shall execute a mortgage/deed of trust for the benefit of the City of Omaha securing the CDBG Deferred Payment Loan. 3.4 The Owners shall submit to the Director, for his review and approval, all proposals, working drawings, plans and specifications necessary or incidental to this project. In addition, the Owners shall submit a duly authorized Construction Contract for the Director's review and approval. The Director reserves the right to reject, modify and amend any or all of the foregoing. Upon approval, no changes or amendments may be made to any of the foregoing without the written approval of the Director. In no event shall the City become obligated to make any payments for any work performed, materials furnished, expenses incurred, or any other expenditure of whatsoever kind or nature unless same was expressly included in one or more of the above-mentioned documents as approved. 3.5 The Owners shall procure and maintain property insurance and secure a Performance and Labor Materials Bond and/or an Irrevocable Letter of Credit from the contractor, in favor of the City, in an aggregate amount of the contract • bid. The Letter of Credit shall be in force for one year following the completion of the Construction Work. The Bond and/or Letter of Credit shall be submitted for review and approval by the Director. The Director reserves the right to reject the Letter of Credit and the choice of surety for the Bond. 3.5.1 The Owners shall maintain certificates of insurance from all contractors, in favor of the City, which shall be submitted for review and approval by • the Director. The insurance coverage shall include, at a minimum, $200,000.00 bodily injury or death, $200,000.00 property damage and Workers' Compensation. 3.6 The Owners shall not commence any work hereunder until such time as it has received a written notice to proceed as issued by the Director. Any work performed prior to the issuance of such notice shall be the sole responsibility of the Owners. 3.7 The Owners agree to construct the Jones Body Shop facility at 24th and Paul Streets; retain five (5) existing jobs and create five (5) new jobs available for low and moderate income persons in accordance with Section 1.4.1 and as further specified in Attachment I, attached hereto and incorporated herein by this reference as though fully set forth. 3.8 The Owners shall maintain the Property at all times in a safe and sanitary condition. - 7 - 3.9 The Owners shall ensure that all work performed and the Construction Work as completed is in conformance with all state, federal and local laws, ordinances, regulations and codes, including but not limited to, Section 8 Housing Quality Standards for Existing Houses (HQS) as established by the Department of Housing and Urban Development (HUD), the City of Omaha Property Rehabilitation Standards (PRS), and accessibility requirements, where applicable. 3.10 The Owners shall obtain a certificate from each contractor or subcontractor to be used on this project to the effect that each contractor or subcontractor has not been disbarred or disqualified by the U.S. Department of Housing and Urban Development(HUD). 3.11 The Owners shall ensure that all taxes, regular and special, and property insurance are paid up-to-date of the scheduled time for loan closing and must remain current throughout the term of the CDBG Deferred Payment Loan. 3.12 The Owners shall begin the Construction Work immediately following the date of loan closing and make best efforts to complete construction by December 31, 2000. The Director may extend the construction completion date, but in no event may the construction completion date exceed twelve months from the date of execution of this Agreement. 3.13 The Owners shall maintain such records and accounts, including property, personnel and financial records, as are deemed necessary by the City to assure a proper accounting of all expenses. The Comptroller General of the United States, or any of their duly authorized representatives, or any duly authorized representatives of the City of Omaha, as approved by the Planning Director, shall have access to any books, documents, papers, records and accounts of the Owners, contractor or subcontractor which are directly pertinent to this project for the purpose of making audit, examination, excerpts and transcriptions. Such records and accounts shall be retained for five (5) years from the contract period completion. Any contract entered into by the Owners with any contractor or subcontractor shall include this Section to ensure said access. 3.14 The Owners agree to use no lead-based paint in the performance of this Agreement, including the performance of any subcontractor. "Lead-based Paint", means any paint containing more than six one-hundredths of one (1) per centum of lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure to lead in the dried film of paint already applied. The Owners further agree to abide by all Federal requirements regarding the lead-based paint poison prevention. - 8 - 3.15 The Owners shall comply with and insure that applicable bid documents, contracts, and subcontracts contain the Federal Labor Standards provision and applicable Department of Labor wage determination and that no contractor is ineligible for Federally-assisted work. The wage determination may be modified to keep it current. All actions modifying a general wage determination apply unless notice of such action is published less than 10 days before contract award. The City will send these modifications to the Developer(Exhibit"D"). 3.16 The Owners specifically hereby state and certify that they are familiar with the limited purpose set forth in the Federal laws, rules and regulations, and in the laws of the State of Nebraska for which personal information requested may be used, and that the information received will be used solely for those limited purposes and not to harass, degrade or humiliate any person. The information released shall be used for the limited purpose stated, and the Owners further agree to indemnify and hold harmless the City of Omaha for any liability arising out of the improper use of the information provided. 3.17 The Owners shall comply, to the fullest extent possible, with Section 504 of the Rehabilitation Act of 1973, as amended, and construct the facility at 24th and Paul Streets so that it is accessible and adaptable for persons having mobility, hearing or vision impairments. Section 4. Term of Agreement. This Agreement shall be in full force and effect through April 1, 2003. Section 5. Mutual Agreements The Owners agree, and the City states,that the City: 5.1 Is not acting as the Owners' architect or engineer. 5.2 Makes no warranties, express or implied, as to the Construction Work. 5.3 Owes no duty to the Owners or any other person that shall arise because of any inspection of the premises by the City's agent or employees. 5.4 May inspect the Property at any reasonable time, including a final inspection, to certify completion prior to final disbursement of loan proceeds. 5.5 Is held harmless for all injury and damages arising by virtue of this Agreement. - 9 - 5.6 Will be deeded the property if not utilized through the performance of this Agreement, upon the date the parties reach a mutual decision to terminate this Agreement before full construction of the facility at 24th and Paul Streets or upon the expiration date of this Agreement as described in Section 4, whichever date or event first occurs. Section 6. Provisions of the Agreement 6.1 Equal Employment Opportunity/Section 3 Clause/Affirmative Action Plan Attached hereto as Exhibit "E" and "F" and made a part hereof by reference are the equal employment provisions of this Agreement. 6.2 Non-Discrimination. The Owners shall not in the performance of this Agreement, discriminate or permit discrimination in violation of race, color, sex, age,political or religious opinions, affiliations, national origin, familial status, disability, or handicap. 6.3 Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. 6.4 Applicable Law. Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. 6.5 Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render this Agreement voidable by the Mayor or the City Council. 6.6 Merger. This Agreement shall not be merged into any other oral or written Agreement, lease or deed of any type. 6.7 Modification. This Agreement contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee or other representative of either party is empowered to alter any of the terms herein unless done in writing and signed by an authorized officer of the respective parties, pursuant to Section 10-142 of the Omaha Municipal Code. 6.8 Assignment. The Owners may not assign their rights or obligations under this Agreement without the express prior written consent of the City; except, that the Mayor may,without City Council approval, approve, in writing,the assignment to a limited partnership so long as the Owners are and remain general partners. - 10 - 6.8.1 Corporate Stock. The Owners may not transfer, sell or assign their corporate stock unless the Mayor, or his designee, determines, in writing, that the City's interest will not suffer as a result of the share transfer, sale or assignment. 6.9 Strict Compliance. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representatives of the parties,pursuant to Section 10-142 of the Omaha Municipal Code. 6.10 Termination. This Agreement may also be suspended or terminated in accordance with 24 CFR 85.43, Enforcement or 24 CFR 85.44, Termination for Convenience (Exhibit "G"). Upon termination of this Agreement, all funds and interest in any account hereunder become the property of the City and shall be returned to the City of Omaha. 6.11 Other Program Requirements. The Owners shall be required to carry out each activity of this Agreement in compliance with all Federal laws and regulations described in Subpart "K" of the CDBG Program Entitlement Grant Regulations Handbook 6500 (Exhibit "H"). 6.12 Reversion of Assets. Upon the expiration of this Agreement, the Owners shall transfer to the City of Omaha any CDBG Funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Additionally, the Owners shall ensure that any real property under the Owners' control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000.00 is either: (i) Used to meet one of the national objectives in 24 CFR 570.208 until five years after expiration of the Agreement, or such longer period of time as determined appropriate by the City; or, (ii) Is disposed of in a manner which results in the City being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is not required after the period of time specified in accordance with(i) above. 6.13 Indemnification. The Owners shall indemnify and hold the City harmless from and against: (1) any and all claims arising from contracts between the Owners and third parties made to effectuate the purposes of this Agreement; and, (2) any and all claims, liabilities or damages arising from the preparation or presentation of any of the work covered by this Agreement. - 11 - 6.14 This Agreement shall be binding upon the parties hereto and shall run with the Property. 6.15 The Owners certify, to the best of their knowledge and belief,that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal Loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loan and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Section 7. Authorized Representative In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for purpose of notice, including legal service of process, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following named individuals shall be authorized representatives of the parties: (1) City of Omaha (2) Richard A. Jones, Jobosh,Inc., and Director, Planning Department Jobosh II, Inc., Owners Omaha/Douglas Civic Center 3239 Ohio Street 1819 Farnam Street Omaha,Nebraska 68111 Omaha,Nebraska 68183 - 12 - IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated below: ATTEST: CI ;0,, 0 • 7 .2ee) 7 tb CITY CLERK OF CITY OF OMA Date Mai OR OF THE TY OF OMAHA to L` L - N.. RIC RD A.JO E a married person Date (0 R) JOBOS C., a Lebs a Corporation By: - 019 Rich rd A.Jones,P es'dent ate JOBOS .,a br Corporation By: ail 9 06 Richard .Jones,Presi e Da e APPROVED AS TO FORM: .(21-e-ii (V140 t�-29.0e CITY ATTORNEY s ate P:\PLN3\8781maf.doc - 13 - SCHEDULE OF EXHIBITS Agreement Exhibit Location Description A 1.2.1 Articles, Corporate Resolutions, and Lists of Board Members for Jobosh, Inc., and Jobosh II,Inc. B 1.8 CDBG Definition C 1.10,2.1.1 Budget&Predevelopment Cost D 3.15 Davis-Bacon Wage Determination E 6.1 Equal Employment Opportunity/Section 3 Clause F 6.1 Affirmative Action Plan G 6.10 Termination—CFR 85.43 —85.44 H 6.11 Subpart K, CDBG Handbook 6500 Attachment I Owners' Job Commitment Attachment II 3.3 Sample Deferred Payment Loan Promissory Note Exhibits identified herein are made a part hereof by this reference and are incorporated into the Agreement as though fully set forth. Exhibits B and H are on file in the Planning Department and the City Clerk's Office. A copy of these Exhibits will be provided by the Planning Department to the Owners at the time of issuance of a proceed order. P:\PLN3\878 t ma£doc - 14 - • AFFIDAVIT 4-X/1; b' T "A STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) Edward F. Fogarty, being first duly sworn, upon oath states that I am the lawyer for JOBOSH, INC and JOBOSH II, INC. I did theincorporation ofbothcorporations and maintained continuously the corporate book for each company, including the stock registers. I attach true copies of the Articles of Incorporation filed with the Secretary of State of Nebraska: Exhibit A: Articles of Incorporation of JOBOSH, INC., filed 1/19/95 Exhibit B: Articles of Incorporation of JOBOSH II, INC., filed 11/5/98 Further, the stock register of JOBOSH, INC., shows only one certificate has been issued, that was Certificate No. 1, dated 2/23/95, in the amount of 300 shares issued to Richard A. Jones. The stock register of JOBOSH II, INC., shows onlyone certificate has been issued, that � was Certificate No. 1, dated 11/12/98, for 300 shares issued to Richard A. Jones. FURTHER AFFIANT SAYETH NOT. Edward F. Fogarty FOGARTY, LUND & GROSS 1904 Farnam Street, Suite 700 Omaha, Nebraska 68102 (402) 341-3333 SUBSCRIBED AND SWORN TO before me this: l� day of June, 2000. J.GENERAL NOTARY-State of Nebraska • DELORES A. NEALON NotaryPublic My Comm.Exp.Nov.21,2001 JAN 1 9 1995 t /a a3 STATE OF NEBRASKA/ SS SECRETARY'S OFFICE Received and filed for record , and rCcOr :d On roll NO. 5 at pad:L ARTICLES OF INCORPORATION Secretary of Stag; Bys 7s°1 OF JOBOSH, INC. The undersigned natural person of the age of nineteen years or more, acting as an incorporator of a corporation under the Nebraska Business Corporation Act, adopts the following Articles of Incorporation. ARTICLE I Name The name of the corporation is JOBOSH, INC. ARTICLE II The period of the corporation's duration is perpetual. ARTICLE III Purposes The purposes for which the corporation is organized are: (a) auto body painting and repairs; (b) to do everything necessary, proper, advisable, and convenient for the accomplishment of the purposes hereinbefore set forth, and to do all other things that are not forbidden by the laws of the State of Nebraska or these Articles of Incorporation. ARTICLE IV Powers The corporation shall_ have and exercise all powers and rights conferred upon corporations by the Nebraska Business Corporation Act and any enlargement of such powers conferred by subsequent legislative acts; and, in addition thereto, the corporation shall have and exercise all powers and rights not otherwise denied corporations by the laws of the State of Nebraska, as are necessary, suitable, proper, convenient, or expedient; for the attainment of the purposes set forth in Article III above. • . • ARTICLE V Authorized Shares The aggregate number of shares which the corporation shall have the authority to issue is 10, 000 shares of common stock, and the par value of each of said shares shall be $1.00. ARTICLE. VI Interest of Directors in Transactions In the absence of fraud, no contract or other transaction between the corporation and any other person, corporation, firm, syndicate, association, partnership, or joint venture shall be wholly or partially invalidated or otherwise affected by reason of the fact that one or more of the directors or officers of the corporation are or become directors or officers of such other corporation, firm, syndicate, association, or a member of such partnership or joint venture, or are pecuniarily or otherwise interested in such contractual transaction, provided, that the fact that such director or officer of the corporation is so situated or so interested or both shall be disclosed or shall have been known to the Board of Directors of this corporation. ARTICLE VII Initial Registered Office and Initial Registered Agent The street address of the initial registered office of the corporation is: 700 Service Life Building 1904 Farnam Street Omaha, Nebraska 68102-1998 The name of the registered agent at such address is: Edward F. Fogarty ARTICLE. VIII Name and Address of Incorporator The name and address of the incorporator is: Edward F. Fogarty 700 Service Life Building 1904 Farnam Street • Omaha, Nebraska 68102-1998 • The undersigned, being the incorporator hereinbefore named, for the purposes of forming a corporation under the Nebraska Business Corporation Act, do s hereby adopt and sign these Articles of Incorporation this / day of January, 1995 . Edward F. Fo arty, pcorpotator NOVID bi-/ LIM 5 1998 • STATE OF NEBRASKA R OFFICE Received SECRETA filed andY'S recorded on film roll no. ARTICLES OF INCORPORATION at page '-1 Ic OF Secretary of State BY S, JOBOSH I I, INC. � Ut � ,3-C The undersigned natural person of the age of nineteen years or more, acting as an incorporator of a corporation under the Nebraska Business Corporation Act, adopts the following Articles of Incorporation. ARTICLE I Name The name of the corporation is JOBOSH II, INC. ARTICLE II The period of the corporation' s duration is perpetual. ARTICLE III Purposes The purposes for which the corporation is organized are to do all things that are not forbidden by the laws of the State of Nebraska or these Articles of Incorporation. ARTICLE IV Powers The corporation shall have and exercise all powers and rights conferred upon corporations by the Nebraska Business Corporation Act and any enlargement of such powers conferred by subsequent legislative acts; and, in addition thereto, the corporation shall have and exercise all powers and rights not otherwise denied corporations by the laws of the State of Nebraska, as are necessary, suitable, proper, convenient, or expedient for the attainment of the purposes set forth in Article III above. ARTICLE V Authorized Shares.__ The aggregate number of shares which the corporation shall have the authority to issue is 10, 000 shares of common stock, and the par value of each of said shares shall be $1. 00 . t�l . • • ARTICLE VI " • Interest of Directors in Transactions In the absence of fraud, no contract or other transaction between the corporation and any other person, corporation, firm, syndicate, association, partnership, or joint venture shall be wholly or partially invalidated or otherwise affected by reason of the fact that one or more of the directors or officers of the corporation are or become directors or officers . of such other corporation, firm, syndicate, association, or a member of such partnership or joint venture, or are pecuniarily or otherwise interested in such contractual transaction, provided, that the fact that such director or officer. of the corporation is so situated or so interested or both shall be disclosed or shall have been known to the Board of Directors of this corporation. • • ARTICLE' VII Initial Registered Office and Initial Registered Agent The street address of the initial registered office of the corporation is: 1904 Farnam Street, Suite 700 Omaha, Nebraska 68102-1998 The name of the registered agent at such address is: Edward F. Fogarty • ARTICLE VIII Name and Address of Incorporator The name and address of the incorporator is: • Edward F. Fogarty 1904 Farnam Street, Suite 700 • Omaha, Nebraska 68102-1998 The undersigned, being the incorporator hereinbefore named, for the purposes of forming a corporation under the Nebraska Business Corporation Act, does pereby adopt and sign these Articles of Incorporation this 34 day of November, 1998 . Edward F. Fogarty, In�'o o for g Y� rP • • • (1) • MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS OF JOBOSH,INC. A special meeting of the Board of Directors of JOBOSH, INC.; was called and held on the 2 2- day of June, 2000. Ruth H. Jones and Richard A. Jones; being all of the directors of the corporation, were present and waived notice of this meeting. Richard A. Jones, President of JOBOSH, INC., explained and described the project sponsored by the City of Omaha to redevelop the neighborhood around 24th and Paul Streets. The Corporation, together with JOBOSH II, INC., and Richard A. Jones, are solicited by the City of Omaha to agree to the movement of the corporation's business to the new facility at 24th and Paul Streets. The commitments of Richard A. Jones, JOBOSH, INC., and JOBOSH II, INC., were explained. Upon motion of Richard A. Jones, it was resolved: Richard A. Jones, as President of JOBOSH, INC., is authorized to execute any and all documents on behalf of the Corporation binding it to the obligations of the redevelopment agreement with the City of Omaha, which will result in a new auto body/ miscellaneous service facility at 24th and Paul Streets, owned by Richard A. Jones, and in which the Corporation shall conduct its operations. There being no further business, the meeting was adjourned. Dated this a_ day of June, 2000. R th . Jone , e or Rich d A. Jones, 'rec r r MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS OF JOBOSH II,INC. A special meeting of the Board of Directors of JOBOSH II, INC., was called and held on the L 2 day of June, 2000: Ruth H. Jones and Richard A. Jones, being all of the directors _of the corporation, were present and waived notice of this meeting. Richard A. Jones, President of JOBOSH II, INC., explained and described the project sponsored by the City of Omaha to redevelop the neighborhood around 24th and Paul Streets. The Corporation, together with JOBOSH INC., and Richard A. Jones, are solicited by the City of Omaha to agree to the movement of the corporation's business to the new facility at 24th and Paul Streets. The commitments of Richard A. Jones, JOBOSH, INC., and JOBOSH II, INC., were explained. Upon motion of Richard A. Jones, it was resolved: Richard A. Jones, as President of JOBOSH II, INC., is authorized to execute any and all documents on behalf of the Corporation binding it to the obligations of the redevelopment agreement with the City of Omaha, which will result in a new auto body/ miscellaneous service facility at 24th and Paul Streets, owned by Richard A. Jones, and in which the Corporation shall conduct its operations. There being no further business, the meeting was adjourned. Dated this 202- day of June, 2000. Ruth . Jones, Di r Richar A. Jones, b or EXHIBIT "B" CONSTRUCTION OF JONES BODY SHOP BUDGET AND PREDEVELOPMENT COST A. Predevelopment Cost(Architect, Engineer, Legal) $ 81,660 Bank $ 20,415 = 25% City 20,415 = 25% Richard Jones 20,415 = 25% • Jobosh/Jobosh II 20,415 • = 25% $ 81,660 = 100% B. Construction $854,829 Bank $279,585 = 33% City 302,574 = 35% Richard Jones 54,585 = 6% Jobosh/Jobosh II 218,085 = 26% $854,829 = 100% C. Contingency $42,741 • City $ 42,741 = 100% Note: Funds remaining in Contingency when project is completed will be used to reduce the City's Deferred Payment Loan. D Equipment Purchase $150,000 Jobosh/Jobosh II $150,000 = 100% E. Total Project Cost $1,129,230 F. Funding Sources Bank $ 300,000 = 27% City 365,730 = 32% Richard A. Jones 75,000 = 7% Jobosh/Jobosh II 388,500 =. 34% $1,129,230 = 100% P:\PLN3\8604ma£doc r Housing and Community Development Division City of Omaha Planning Department Cost Certification Form Project Name: cJ b ve 5 14,6,p Project Owner: JO e2t9 H' jOel'O /RkckMiP �� Project Address: l 5 17 /UD gTH 2¢ 5tFo21- Project Cost Estimate: 4 1) !.2 1 l 20+ 190 The Rehabilitation Division has reviewed the project cost estimate, work write-up or plans, specifications, & proposal. In our opinion the project cost estimate is accurate. (See attached) Rehabilitation Inspecto . , Date: 6/ Il471' Rehabilitation Manager: E. -1 2 r Date: 6 -24r/19-7 c. a 6 :9 _000, General Decision Number NE000011 1YCD 6(9 Superseded General Decision No. NE990011 17&j6t--66. 11-4(' / �j State: Nebraska "` ✓ �� � , Construction Type: ,' i/ BUILDING County(ies) : DOUGLAS WASHINGTON BUILDING CONSTRUCTION PROJECTS (does not include residential construction consisting of single family homes and apartments up to and including 4 stories) Modification Number Publication Date 0 02/11/2000 • • • 4110 3-6-- f-1--//g4 44) COUNTY(ies) �� � �Q DOUGLAS WASHINGTON 1L.�1 GG ASBE0039B 06/01/1999 Rates Fringes INSULATOR/ASBESTOS WORKER Includes the application of all insulating materials, protective coverings, coatings and finishings to all types of mechanical systems 21. 66 7 . 94 FOOTNOTE: Work performed from a boatswain chair, staging, or scaffolding suspended from a permanent structure, more than thirty (30) feet above the floor or the ground: $1.00 per hour additional . BRNE0001C 07/01/1999 Rates Fringes BRICKLAYER 20.15 4.95 CARP0444A 10/01/1999 Rates Fringes CARPENTERS: (includes acoustical ceiling, batt insulation and drywall . • installer work) : Carpenter 18. 01 4. 55 .Piledriver 18. 51 4.55 ELEC0022A 06/01/1999 Rates Fringes ELECTRICIAN 22 .45 3.75% + 6. 84 • ELEV0028A 07/03/1999 Rates Fringes ELEVATOR MECHANIC 22 . 635 6. 615 + a FOOTNOTE: a. Vacation Pay: 8% with 5 or more years of service, 6% for 6 months to 5 years service. Paid Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Friday after, and Christmas Day. ENGI0571E 10/01/1999 Rates Fringes • POWER EQUIPMENT OPERATORS: 2 a6 0--6'6" — / Qck To 6 Bulldozer 18.70 4.34 Crane 20.40 4.34 IRON0021E 07/01/1999 Rates Fringes IRONWORKERS, ORNAMENTAL AND STRUCTURAL 19.43 5.54 LABO1140B 10/01/1999 Rates Fringes DOUGLAS COUNTY: LABORER 13 .32 3 .15 PLAS0538A 10/01/1999 Rates Fringes CEMENT MASON 18.36 2 .20 PLAS0538E 06/01/1999 Rates Fringes PLASTERERS: Plasterer 18.53 4.30 Plasterer working on a swing stage 19.03 4 .30 PLasterer nozzleperson 19.53 4 .30 PLUM0016C 06/01/1999 Rates Fringes PLUMBER 23 .52 6 .35 PLUM0464B 06/01/1999 Rates Fringes PIPEFITTER: (includes HVAC piping) 23 .29 7 .40 SFNE0669A 01/01/2000 Rates Fringes SPRINKLER FITTER (FIRE) 23 .36 6 .45 SHEE0003B 07/01/1999 Rates Fringes SHEET METAL WORKER: (includes HVAC duct work) 22 .70 5 .80 11111 3, • ee-9 11(11-42*2 5/9/e ' SUNE1006B 09/01/1988 Rates Fringes • DRYWALL FINISHER 11.30 GLAZIER 9.85 2 .92 LABORERS: WASHINGTON COUNTY: • Common laborer 8.20 1.50 Buggymobile, mason tender and mortar mixer 8.375 1.50 Plasterer tender 8.585 1.50 PAINTER (excluding drywall finisher) 10.78 POWER EQUIPMENT OPERATORS: Backhoe 12.27 2 .48 Grader 11.82 1.00 Loader 12 .03 1.79 Roller 9 .86 1.41 Scraper 11.74 1. 65 Tamper 13 .95 3 . 07 ROOFER 9.24 .99 SOFT FLOOR LAYER 13 .15 TILE SETTER 15.20 TRUCK DRIVER 9.14 1.22 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v) ) . In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and, rate) ruling • . 4 . 'VC (9S g 4d1j-12.1V60( On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2 . ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 • The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4 . ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 51011 eL, a600- (:) s g On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2 . ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION 5 • SECTION 3 CLAUSE All Section 3 covered contracts shall include the following clause (referred to as the Section 3 clause): A. Tne work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended. 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3 shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. Tne parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference,shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CI-E. part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The • contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD- assisted contracts. Effective August I, I994 c 1! `'F" 24 CFR 85.43 ENFORCEMENT (a) Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any term of an award, whether stated in a Federal statute or regulation, an assurance, in a State plan or application, a notice of award, or elsewhere, the awarding agency may take one or more of the following actions, as appropriate in the circumstances: (1) Temporarily withhold cash payments pending correction of the deficiency by the grantee or subgrantee or more severe enforcement action by the awarding agency, (2) Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance, (3) Wholly or partly suspend or terminate the current award for the grantee's or subgrantee's program, (4) Withhold further awards for the program, or (5) Take other remedies that may be legally available. (b) Hearings, appeals. In taking an enforcement action, the awarding agency will provide the grantee or subgrantee an opportunity for such hearing, appeal, or other administrative proceeding to which the grantee or subgrantee is entitled under any statute or regulation applicable to the action involved. (c) Effects of suspension and termination. Costs of grantee or subgrantee resulting from obligations incurred by the grantee or subgrantee during a suspension or after termination of an award are not allowable unless the awarding agency expressly authorizes them in the notice of suspension or termination or subsequently. Other grantee or subgrantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: (1) The costs result from obligations which were properly incurred by the grantee or subgrantee before the effective date of suspension or termination, are not in anticipation of it, and, in the case of a termination, are noncancellable, and, (2) The costs would be allowable if the award were not suspended or expired normally at the end of the funding period in which the termination takes effect. (d) Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude grantee or subgrantee from being subject to "Debarment and Suspension" under E.O. 12549 (see § 85.35). r5 , Federal Labor Standards Provisions �� U. S. Department of Housing and Urban Development b cD Applicability The Project or Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are • included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination, HUD shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) 1 4111 (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions; including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30-day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget.under OMB Control Number 1215- 0140.) 2. Withholding. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract. HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be.necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts. 3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years • thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide 2 4. (i) Apprentices and Trainees. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor pp p p g will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval; evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 4 L 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5 7. Contracts termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing • Administration transactions", provides in part "Whoever, for the purpose of...influencing in any way the action of such Administration...makes, utters or publishes any statement knowing the same to be false...shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers"and"mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. , 5 (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (1) of this paragraph. • (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96). (3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The Contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. 6 HUD 4010 (2-84) Retyped 9/98 JOBOSH II INC Dba Jones Body Shop FULL SERVICE AUTO REPAIR & PAINT SHOP Phone: (402)344-4471 Fax(402)346-1477 1517 North 24th Street P.O Box 20046 OMAHA, NE 68120-0046 June 29,2000 To the City of Omaha: • The attached documents contain the ten job positions and job descriptions that are to be retained/created by JOBOSH Inc. and JOBOSH II Inc.,pursuant to the Economic Development Loan Agreement with the city of Omaha. The five positions that will be retained by current employees,who are low and moderate- income persons,are as follows: 1. 1 Body Repair Person 2. 2 Preppers 3. 1 Painter 4. 1 Office Manager The five following job positions will be created and made available to low and moderate income persons: 1. 3 LineX Spraypersons 2. 1 Body Repair Person 3. 1 Receptionist As president,I certify that available resources will be used(see attached)to help identify and assist low- moderate income persons to fill these positions. My personal goal is to hire, where possible, from the immediate area. The jobs retained and the jobs to be created,as per the attached employment overview, will be available to low moderate income persons for o the period specified in the loan agreement. Bothie retained/created positions at my companies are available to low-moderate income persons meeting threquired education and work experience requirements. S crehy, (1 Ri and A. Jones JO OSH Inc. JOBOSH II Inc. JOBOSH. II INC Dba Jones Body Shop FULL SERVICE AUTO REPAIR& PAINT SHOP Phone: (402)344-4471 Fax(402)346-1477 1517 North 24th Street P.O Box 20046 OMAHA, NE 68120-0046 June 28,2000 To the Omaha City Planning Depar tment: The attached document contains the ten job titles and job descriptions that are to be retained/created by JOBOSH II Inc.,and JOBOSH Inc. The five positions that have been retained and are filled by current employees are as follows: 1. 1 Body Repair Person 2. 2 Preppers 3. 1 Painter 4. 1 Office Manager The five following named positions are to be created: 1. 3 LineX Spraypersons 2. 1 Body Repair Person 3. 1 Receptionist As president of these companies,I certify that they will utilize the available resources(see attached)to help to identify low-moderate income persons to fill these positions. My personal goal is to hire,where possible,from the immediate area.The jobs retained and the jobs to be created,as per the attached employment overview,are available to low-moderate income persons. Both the retained/created positions at my companies are available to low-moderate income persons meeting the required education and work experience requirements. • Sincerely, Richard A.Jones President JOBOSH Inc. JOBOSH II Inc. JOBOSH II INC. POSITIONS 1. 3 LineX Spraypersons 2. 2 Preppers 3. 2 Body Repairpersons 4. 1 Painter 5. 1 Office Manager 6. 1 Receptionist JOB DESCRIPTIONS LINE X SPRAY PERSONS EDUCATION: Minimum high school degree or its equivalent DUTIES: Chemically prepares and masks vehicles for the spray product. Remove visible rust. Spray the polyurethane formula. EXPERIENCE: Prefer experience and knowledge of spray guns. Will train willing and capable person. Prefer someone with a good work history. Must be punctual and dependable. SALARY: Starting salary ranges$8 -$10.00 hourly. PREPPERS EDUCATION: Minimum education high school diploma or its equivalency. Prefer training in an accredited program.A course taken that was provided by an industry vendor is a plus. • DUTIES: Prepare vehicles for top coating. Wash and clean vehicles before and after painting. Machine and hand sand. Masking and riming vehicles to be painter. Jockeying vehicles around shop area (inside and outside). Repair damaged bodies and body parts of vehicle. Use hand and power tools. Remove dents or impressions w/body filler using a putty knife. Remove damaged fenders,panels and grilles. Straighten bent automobile frames. Refinish and repair surfaces using paint spray gun and sander. Repair or replace defective mechanical parts. EXPERIENCE: Two positions require minimum of five years experience. One position available for person in a qualified/work experience program. SALARY: Minimum starting range$8-$10.00 hourly. BODY REPAIR PERSON EDUCATION: Prefer degree in Automotive Body Repair and Collision from an accredited school. Continued education with the ability to be I Car Certified or possessing an equivalent certification. DUTIES: All phases body repair and frame work. Remove and replace auto parts. Electrical and welding required. Assist with special projects and other duties as assigned. Must have own tools. EXPERIENCE: Minimum 8-10 years that includes qualified shops. SALARY: Minimum starting range$12-$15.00 hourly. Can select to work on commission with a 60/40 split. PAINTER EDUCATION: Minimum high school diploma or its' equivalency. Training in an accredited program with a certificate of completion. Continued education in new paint technology. DUTIES: Select vehicle color code formulas by computer. Scale measures paint formulas. Wears appropriate paint room clothing. Sprays paint vehicles. Prepare and paint auto parts. EXPERIENCE: Minimum experiences 5 years. SALARY: Minimum starting range$10-$15.00 hourly. May select to work on commission 60/40 split. OFFICE MANAGER EDUCATION: Minimum Associate Degree in Business Management. Prefer Bachelor's Degree with background in accounting. DUTIES: Supervise and train office personnel.Responsible for weekly payroll computation and issuance of payroll checks. Maintain daily and monthly company financial accounts. Prepare and make bank deposits. Audit customer folders for proper payments for invoice purchases and repair payments. Confirm all insurance draft payments and verify customer's insurance deductible payments. Prepare and submit repair costs supplemental for payments. Send monthly invoices to customers and forward delinquent accounts to collection agency. Assist shop manager in the daily operations of the company. Hire and fire office personnel after documentation and failure of retention methods. Submit both uploaded and downloaded insurance customer repair orders. Ability to perform without supervision. Update monthly computer data programs. Duties that circumstance and/or situations dictate. EXPERIENCE: Minimum ten years in business setting with a strong background working directly with the public. Prior handling of money with an ability to be bonded. Human resources background having knowledge of maintenance and documentation for personnel files. SALARY; Minimum starting salary$25,000 that may include end of the year company productivity bonuses. RECEPTIONIST EDUCATION: Minimum high school diploma or its equivalency. Prefer training in office skills at an accredited school or program. Computer skills are an asset including multi-lines telephone. Good penmanship and the ability to spell are a necessity. DUTIES: Answer telephones and greet customers and other shop visitors. Keeps lobby area clean and prepare coffee for visitors. Set appointments for both the body shop and Line X customers. Other duties as assigned. EXPERIENCE: Minimum two years experience in telephone and customer service environment SALARY: Minimum starting salary$7.75. (7) • i • SKILLED LABOR As in all other companies in this industry,the skilled labor persons are required to own their tools. They are continuously adding to their tool collections at their own expense. A person desiring to learn a trade in the industry who comes to JOBOSH II Inc.,is referred to a training program that not only subsidizes the training but that also assists the trainee in establishing his/her tool collection for that trade. JOBOSH II Inc.,has established a training program guideline for this purpose(see attached). w • EMPLOYEE RECRUITING RESOURCES FOR JOBOSH INC. AND JOBOSH II INC. JOBOSH Inc and JOBOSH II Inc.,has used the following resources when recruiting employees: 1. Nebraska Job Services 2. Omaha Job Training Program(Welfare to Work,Work Experience,On-the Job Training 3. T.E.A.M. Inc. 4. Omaha World Herald want ads 5. Vendor Referrals 6. Walk-ins 7. Employee Referrals 8. Customer Referrals 9. Vocational Rehabilitation JOB DESCRIPTION FOR TRAINING PROGRAM: BODY MAN APPRENTICE TRAINING SKILLS (The objectives are to provide the apprentice with skills in the following areas) 1. Training to repair damaged bodies and body parts of automotive vehicles. 2. Training to use hand tools and power tools to repair automotive vehicles 3. Training to use electrical and hydraulic auto body repair equipment. 4. Training to remove dents or impressions w/body filler using a putty knife,remove damaged fenders,panels,grilles, straighten bent automobile frames: file,grind,sand and repair surfaces using power tools and hand tools. 5. Refininshes and repairs surfaces using paint spray gun and sander. 6. Repair and/or replace defective mechanical parts. (Optional: May elect to learn Line X spray in bedliner) SKILLS DEVELOPMENT FOR PROFICIENCY 1. Requires purchasing of own tools for advancement of training to gain lifelong career. 2. Learn the value of one's tools and how to say"no"when asked to lend a tool. which is used b (Please note: This is the training program Y JOBOSH II INC.,when hiring anyone who is unfamiliar with the are of auto/body repair.) JOB DESCRIPTIONS FOR TRAINING PROGRAM: PAINTER'S HELPER(beginning) (Purpose to evaluate trainees potential for hard work and continued employment) A. Prepare vehicles for top coating. 1. Washing and cleaning vehicles before and after painting. 2. Machine and hand sanding. 3. Masking. 4. Priming. 5. Jockeying vehicles around shop area (in and out of shop) 6. Maintenance-keeping paint and surrounding areas free of dirt and dust (sweep). Keep mixing area clean. 7. Color mixing and tinting. TRAINING SKILLS (advanced) (The objectives are to provide the trainee with skills in the following areas() 1. Training to repair damaged bodies and body parts of automotive vehicles. 2. Training to use hand tools and power tools to repair automotive vehicles. 3. Training to use electrical and hydraulic auto body repair equipment. 4. Training to remove dents or impressions w/body filler using a putty knife, remove and repair surfaces using power tools and hand tools. 5. Refinishes and repairs surfaces using paint spray gun and sander. 6. May repair or replace defective mechanical parts. (Optional: May elect to learn Line X spray in bedliner) SKILLS DEVELOPMENT FOR PROFICIENCY 1. Requires purchasing of own tools for advancement of training to gain lifelong career. 2. Learn the value of one's tools and how to say "no" when asked to lend a tool. (Please note: This istraining the program which is used by JOBOSH, INC., when hiring anyone who is unfamiliar with the area of auto/body repair. May elect to learn to be a painter.) . f• • /4- a4,men* .� DEFERRED PAYMENT LOAN PROMISSORY NOTE Project No. Economic Development Place: 24th and Paul Streets Omaha,Nebraska 68110 Loan No. Date: FOR VALUE RECEIVED,the undersigned jointly and severally promise(s)to pay to the order of the City of Omaha (herein called "CITY"), acting by and through the Director of the Planning Department,the sum of Three Hundred Sixty-five Thousand Seven Hundred Thirty and No/100 Dollars ($365,730.00), at Zero Percent (0%) Interest. Payment shall be made in lawful money of the United States at the principal office of Commercial Federal Mortgage Corporation, 450 Regency Parkway, 2/W, Omaha, Nebraska 68114, or at such other places as shall be designated by the City as follows: 1. If the undersigned rents, leases, sells, conveys, grants, mortgages, assigns or otherwise transfers their interest or a portion thereof within ten (10) years from and after January 1, 2001, in the property or improvements at 24th and Paul Streets and legally described as: Lot 4, North Omaha Business Park, an Addition to the City of Omaha, as surveyed, platted and recorded in Douglas County, Nebraska, together with improvements thereon, (hereinafter referred to as the "Property"). then on the first day after the said transfer the total amount of this Note is due. 2. If the undersigned retains title to the property more than five (5) years commencing on the date of this Note, but less than ten (10) years from the date of this Note, the Principal shall be due on the first day after the said transfer and the amount of the Principal due shall be computed as follows: If the undersigned sells, conveys, grants, mortgages, assigns or otherwise transfers their interest in the property, except as provided in Section 6.8 of the Agreement approved by the City Council on , 2000, by Resolution No. , after the first five years, the principal amount of this Note shall be depreciated by one-one hundred twentieth (1/120th)for each month the undersigned occupies the property. 3. If the undersigned shall not sell, convey, grant, mortgage, assign or otherwise transfer said property for a period of ten (10) years from the date of this Note, this Note shall be considered paid-in-full and will be released from said property. 4. If the undersigned fails to retain five (5) existing jobs and create five (5) new jobs available to low and moderate income persons by April 1, 2003, and maintain these jobs until April 1,2008, this Note shall be due and payable immediately, without interest. The undersigned may not transfer, sell or assign their corporate stock unless the Mayor, or his designee, determines, in writing, that the City's interest will not suffer as a result of the share transfer, sale or assignment. i • • • • The undersigned reserve(s) the right to prepay at any time all or any part of the principal amount of this Note without the payment of penalties or premiums. IN THE EVENT the undersigned shall fail to pay the principal amount of this Note when due, and if such failure exists on the date the next installment payment under this Note becomes due and payable, the unpaid principal amount of this Note, together with accrued late charges, shall become due and payable, at the option of the CITY, without notice to the undersigned. Failure of the CITY to exercise such option shall not constitute a waiver of such default. No default shall exist by reason of non-payment of any required installment of principal so long as the amount of the optional prepayments already made pursuant hereto equals or exceeds the amount of the required installments. If the principal of this Note is not paid during the calendar month which includes the due date, the undersigned shall pay to the CITY a late charge of four percent (4%) per calendar month, or fraction thereof, on the amount past due and remaining unpaid. If this Note be reduced to judgment, such judgment should bear the statutory interest rate on judgments,but not to exceed nine percent(9%)per annum. IF suit is instituted by the CITY to recover this Note, the undersigned agree(s) to pay all costs of such collection including reasonable attorneys fees and court costs. THIS NOTE is secured by a Second Deed of Trust, subordinate to an amount not to exceed $400,000.00 plus reasonable closing costs, duly filed for record in Douglas County, Nebraska. DEMAND, protest and notice of demand and protest are hereby waived, and the • undersigned hereby waives, to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. IN WITNESS WHEREOF,this Note has been duly executed by the undersigned, as of its date. RICHARD A. JONES,'a married person Date (Owner) JOBOSH,INC.,a Nebraska Corporation By: Richard A.Jones,President Date JOBOSH II,INC.,a Nebraska Corporation By: Richard A.Jones,President Date P:\PLN3\8605maf.doc WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, that the CITY OF OMAHA, a Municipal Corporation in the State of Nebraska, hereinafter referred to as CITY, in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, does hereby grant, bargain, sell, convey and confirm unto Richard A. Jones, hereinafter referred to as Grantee, the following described real estate, situated in the County of Douglas and State of Nebraska to-wit: Lot 4, North Omaha Business Park, an addition to the City of Omaha as surveyed, platted and recorded in Douglas County,Nebraska together with all the tenements, hereditaments, and appurtenances to the same belonging, and all the estate, title, claim or demand whatsoever of the CITY of, in, or any part thereof. TO HAVE AND TO HOLD the above described premises, with the appurtenances, unto the Grantee and to his heirs and assigns forever, and the CITY for itself and its successors and assigns, do covenant with said Grantee and his heirs and assigns that the CITY is lawfully seized. of said premises, that they are free from encumbrance except those of record, that the CITY has good right and lawful authority to sell the same and that the CITY will and its successors and. assigns shall warrant and defend the same unto the said Grantee and his heirs and assigns forever, against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the CITY OF OMAHA, a Municipal Corporation, has caused these ents o be executed by its Mayor and its Corporate seal to be affixed hereto this,E1 - lay of , 2000. THE CITY OF OMAHA, (Corporate Seal) A Municipal Corporation By: /i�✓. T. OR ATTEST: APPROVED AS TO FORM: --% I C7, o C CLERK ASSISTANT CITY Ar'i'I'ORNEY 1 • . Warranty Deed City of Omaha to Richard A. Jones Page -2- STATE OF NEBRASKA ) ) SS COUNTY OF DOUGLAS ) On this day of -�1�/ , 2000, befoQre me, the undersigned, a Notary Public in and for said County, personally/came J7 , Mayor of the City of Omaha, a Municipal Corporation, to me personally known to be the Mayor and who executed the above conveyance, and acknowledged the execution thereof to be the voluntary act and deed of the City of Omaha, a Municipal Corporation, and that the Corporate Seal of the City of Omaha was thereto affixed by its authority. In testimony whereof, I have hereunto set my hand and affixed my Notary Seal at Omaha in Douglas County, on the day and date last above written. GENERAL NOTARY-State of Nebrssfta CINDY J. 1CIf3EA (4-7 `p4Yy Comm.Exp.Watch 5,2001 NOTARY P `s C My Commission expires STATE OF NEBRASKA ) ) SS COUNTY OF DOUGLAS ) On this 1e'day of J� 2000, before me, the undersigned, a Notary Public in and for said County, personally came u57z* ki R ow n! , City Clerk of the City of Omaha, a Municipal Corporation, to me personally known to be the City Clerk and who executed the above conveyance, and acknowledged the execution thereof to be the voluntary act and deed of the City of Omaha, a Municipal Corporation, and that the Corporate Seal of the City of Omaha was thereto affixed by its authority. In testimony whereof, I have hereunto set my hand and affixed my Notary Seal at Omaha in Douglas County, on the day and date last above written. MEM NOTARY-SIsII o1 Nebrasf�l CYNTHIA L FORD NV Csami.Eq.A4.16.2003 i rt •c.c.� �� NOTARY PUBLIC My Commission expires 6/80/03 " c-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr J.Uy...1.a.a...20Q4 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City annually receives Community Development Block Grant funds under Title 1 of the Housing and Community Development Act of 1974, as amended, for the purpose of benefiting low and moderate income residents, eliminating slums and blight; and for other urgent community development needs; and, WHEREAS, the Omaha City Council on December 16, 1999, by Resolution No. 3039 approved the FY 2000 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) which included $365,730.00 for the re- establishment of a business in the North Omaha Business Park Development; and, WHEREAS, Richard A. Jones, a married person; Jobosh, Inc., a Nebraska Corporation, Richard A. Jones, President; and Jobosh II, Inc., a Nebraska Corporation, Richard A. Jones, President (Owners), have bid estimates which indicate the total project cost to construct the Jones Body Shop at 24th and Paul Streets to be $1,129,230.00, consisting of a $365,730.00 CDBG Deferred Payment Loan, a $300,000.00 bank loan, and $463,500.00 in cash contributions from the Owners; and, WHEREAS, as a condition of this "economic development" loan, this project will create 5 new jobs and retain 5 existing jobs by April 1, 2003, (all available to low and moderate income persons), and these jobs shall be maintained through April 1, 2008; and, WHEREAS, attached to the Agreement, as "Attachment I", is a copy of the Owners' commitment to make all jobs created/retained available to low-and-moderate income persons; to provide training for any of those jobs requiring special skills or education; a listing by job title and job description the jobs to be created and/or retained; the hiring process and the salary range for each position; and, WHEREAS, it is in the best interest of the citizens of Omaha to promote this construction project which will re-establish a business and create jobs in the North Omaha community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: By Councilmember Adopted City Clerk Approved Mayor "4c2sA. CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr July 11, 2000 PAGE 2 • THAT, as recommended by the Mayor, the attached Agreement among the City of Omaha; Richard A. Jones, a married person; Jobosh, Inc., a Nebraska Corporation, Richard A. Jones, President; and Jobosh II, Inc., a Nebraska Corporation, Richard A. Jones, President (Owners), 3239 Ohio Street, Omaha, Nebraska 68111, authorizing a $365,730.00 Deferred Payment Loan in FY 2000 Community Development Block Grant funds to: 1) construct the Jones Body Shop at 24th and Paul Streets; 2) create five new jobs, and retain five existing jobs by April 1, 2003; 3) maintain these jobs through April 1, 2008; and 4) make these jobs available to low and moderate income persons in the North Omaha community, be and hereby is approved. These funds shall be payable from the CDBG Economic Development Program, Agency 200, Fund No. 193, Organization No. 8330. BE TT FURTHER RESOLVED: THAT, the Owners may not transfer, sell, or assign their corporate stock unless the Mayor, or his designee, determines, in writing, that the City's interest will not suffer as a result of the share transfer, sale or assignment. APPROVED AS TO FORM: Z4 06 CITY ATTORNEY DATE P:\PLN3\8598maf.doc • By L/11 /...e.4,-- cilmember Adopted n s, .JUL. ...x..2000. 7-0 Il City -rk / / Approved• -: ' o _ ayor 411 ,. •,‘ T K. N `0 • P' o 0 0 0 � m-,• Oo a qi c' t7 � o°oOnroII' 7� � i Ki gocu9 CDCD � � � g ° CD Fw2 z = M o f o a CD gyp, =.-tSCDo CD ( � ° o ate, ,.* ul -. C x . Q00 . p) ,- pj �. Q. O Ntd � „ w0 CJ ; °. m O d07 000N0 OCD07 = WngW ° O W r Co 0 " p � `'‹ bi , A-n 4 CD n `-a dCDad Ow 1"' ° ° „ "` Obpoo.iiui C . DN O Z 05 pCO � .* N )J nn O N n• \ .. p ,4 G O O 00" O e)= ° - C .-dOO " ,.-tCD 0CD " ° Z ro • f Dv p c oC a '. CD Ni =. w NnC Zo0.0 n ,. CD • O CD " C A) o -, • • • • 1