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