RES 1999-3135 - Agmt with The Salvation Army for rehabilitation of transitional housing units . ,\S--.1"/Ca-lr,
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City of Omaha November 23 1.999_ Robert C.Peters
Hal Daub,Mayor Acting Director
Honorable President ,
and Members of the City Council,
The attached proposed Resolution recommends approval of an Agreement between the City of
Omaha and The Salvation Army, a corporation organized and existing pursuant to the Illinois Act
Concerning Corporations, for the acquisition and rehabilitation of approximately four homes to be
used as transitional housing by low income households currently residing in emergency shelters for
.the homeless. ,
On June 12, 1998,by Resolution No.'1733, the City entered into an Agreement with The Salvation
Army which provided $200,000.00 in FY98 HOME funds to acquire and rehabilitate approximately
four dwelling units to be used as transitional housing. The Salvation Army was unable to locate
suitable housing within the Agreement terms and the Agreement expired by its own terms.
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Authorizing approval of the attached proposed Resolution will allow the Salvation Army to enter
into a new Agreement with the City to complete this worthwhile project. In addition, the new .
Agreement, among other things, allows for the expenditure of the $200,000.00 awarded under the
original Agreement and provides a construction completion date as December 1, 2000.
We urge your favorable consideration of this Resolution.
Sincerely, Referred to City Council for Consideration:
g.�3 yy p - _,l
Robert C. Peters Date Mayor's Office Date
Acting Planning Director .
A.•roved as to Funding• Approved:
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Louis A.. D'Ercole (02 Date Kellie Paris DateFinance Director Human Relations Director
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AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal
Corporation in Douglas County, Nebraska (sometimes hereinafter referred to as "City"), and The
Salvation Army,a corporation organized and existing pursuant to the provisions of the Illinois Act
Concerning Corporations, 3612 Cuming Street, Omaha,Nebraska 68131, (sometimes hereinafter
referred to as "Owner") for the acquisition and rehabilitation of approximately four homes to be
used as transitional housing by low income households currently residing in emergency shelters for
the homeless.
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 of Omaha annually receives HOME Investment Partnerships Funds
under Title II of the National Affordable Housing Act of 1990, as amended, for the purpose of
providing affordable housing opportunities to residents; and,
WHEREAS,the City Council approved an Agreement on June 12, 1998,by Resolution No. ,,
1733 between the City and The Salvation Army. Said Agreement provided $200,000.00 FY98
HOME funds to acquire and rehabilitate approximately four dwelling units to be used as transitional
housing by low income households currently residing in emergency shelters for homeless; and,
WHEREAS,The Salvation Army was unable to locate suitable units within the term of the
Agreement and the Agreement expired by its own terms; and,
WHEREAS, this Agreement among other things, allows for the expenditure of the
$200,000.00 allocated under the original Agreement and provides a December 1, 2000, project
completion date.
WHEREAS, it is in the best interests of the City of Omaha and the residents thereof that the
City enter into this Agreement with The Salvation Army.
NOW,THEREFORE,in consideration of these mutual covenants, The Salvation Army and
the City of Omaha do hereby agree as follows:
SECTION 1. DEFINITIONS -ABBREVIATIONS
1.1 "City" shall mean - the City of Omaha, a Nebraska Municipal Corporation.
1.2 "Owner" shall mean - The Salvation Army, a corporation organized and existing pursuant
to the Illinois Act Concerning Corporations, 3612 Cuming Street, Omaha, Nebraska 68131
(see Exhibit A).
1.3 "Director" shall mean -the Planning Director of the City of Omaha.
1.4 "Recipient" shall mean -the City of Omaha.
1.5 "Subrecipient" shall mean- a public or private non-profit agency, authority or organization
receiving HOME funds to undertake eligible activities. In this Agreement, the developer is
The Salvation Army.
1.6 "HUD" shall mean- the U.S. Department of Housing and Urban Development.
1.7 "HOME" shall mean-the program conducted under the provisions of the Cranston-Gonzalez
National Affordable Housing Act,Title II, Subtitle A-HOME Investment Partnerships (P.L.
101-625) and the Code of Federal Regulations (24 CFR Part 92).
1.8 "HOME Funds" shall mean - a portion of the 1998 City of Omaha HOME Investment
Partnerships Program grant awarded to the City in an amount not to exceed$160,000.00 as
may be available to grant during the program year 1998, conditioned upon actual receipt of
same, for the purposes stated herein.
1.8.1 "General Fund" shall mean - funds from the City of Omaha General Fund No. 001,
Agency No. 110, Organization No. 1106 in an amount not to exceed $40,000.00.
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1.9 "HOME Grant" shall mean - HOME funds made subject to the terms, conditions and
provisions of the grant agreement under which said grant is made. The HOME Grant shall
be secured by a Covenant in accordance with Section 3.2 of this Agreement. The HOME
Grant shall be paid upon the sale, assignment, or other transfer of the property or portion
thereof by the Owner during the period of affordability as defined in Section 3.1.4
1.10 "Property" or"Subject Property" shall mean-those dwelling units acquired and rehabilitated
or those scheduled for acquisition and rehabilitation under the terms of this Agreement.
1.11 "Authorized Projects" shall mean - those projects selected by The Salvation Army.
1.12 "Rehabilitation Contract" shall mean - ensuing contracts for all work to be performed upon
property for authorized projects.
1.13 "Rehabilitation Work" shall mean- all work or services provided for in professional services
or construction contracts and as may be required hereunder(see Exhibit B, Scope of Work).
1.14 "Progress Payment" shall mean-the acquisition cost of dwelling units, including other costs
associated with the acquisition of dwelling units,as deemed appropriate by the Director, and
that portion of the total construction contract paid in one or more disbursements,based upon
the value of the construction, administrative or professional services work completed at the
time the payment request is made.
SECTION 2. DUTIES AND CONDITIONS OF CITY FINANCING
2.1 Subject to and conditioned upon actual receipt of same,the City agrees to make available to
the Owner, in the form of a grant, $200,000.00 in HOME Funds as hereinabove described
and defined in Section 1.8. Such grant shall be subject to the terms and conditions contained
herein. Further, such grant shall be used only for the purposes set forth in this Agreement.
Further, HOME Funds shall be used only for the following purposes:
2.1.1 Costs associated with the acquisition and rehabilitation of the property.
2.1.2 Architectural engineering, legal, financial and administrative services for the
preparation of all design and rehabilitation documents and rehabilitation supervision
necessary for site preparation, the installation of public improvements, and all.
Rehabilitation Work. All contracts for services and rehabilitation documents
pursuant to this Section must be approved by the Planning Director prior to funding
of such contracts.
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2.1.3 Funds paying for Rehabilitation Work shall be payable in consideration with the
progress payment schedule as described in Section 2.2 in accordance with the
Director's prior approval.
2.1.4 Performance Bonds and Contractors'insurance shall name the City a dual obligee.
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2.1.5 Cityfundingpursuant to this Secti n shall be contingent upon receipt of and subject
to the availability of HOME Investment Partnerships Grant funds in amounts
adequate to meet any contractual obligations in force upon the date of execution of
this Agreement,as well as this proposed obligation. Should adequate funding not be
available, the City shall notify the Owner as soon as reasonably possible. At such
time, the responsibilities of the Owner under Section 3 of this Agreement shall be
released, the provisions of Section 6.10 will be exercised and the Agreement will be
terminated.
2.1.6 The Owner may not request disbursement of funds under this Agreement until the
funds are needed for payment of eligible costs based upon the value of the
construction, administration,or professional services work completed at the time the
payment request is made. The amount of each request must be limited to the actual
amount needed.
2.2 The City does hereby agree to make progress payments and final payment, as may be
• authorized by the Director or his designated representative,upon approval of the Director.
A 10%retainage will be held by the City on each progress payment for Rehabilitation Work
and on the final payment. A final payment will not be made until all punch list items have
been corrected to the satisfaction of the Owner and the Planning Department.
2.3 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 Owner
has submitted for and received the approval of the Director of all of the following:
2.3.1 Duly executed contracts for Rehabilitation Work;
2.3.2 A Performance and Labor Materials Bond and/or an Irrevocable Letter of Credit in
force for one year following the completion of the Rehabilitation Work from the
electrical, plumbing and HVAC contractors in aggregate amounts of their contract
bids. Lien waivers will be provided for the remaining amount of the work. The
Bonds 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 Bonds; and,
2.3.3 Certificates of Insurance from all subcontractors in favor of the City shall be
submitted for review and approval by the Director. The insurance coverage shall be
at a minimum$200,000.00 bodily injury,or death,$200,000.00 property damage and
it must include adequate coverage for Worker's Compensation.
2.4 No payments shall be made for any work, labor, material or expenses incurred which the
Director deems to be:
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2.4.1 Unacceptable or substandard; or,
2.4.2 Not in accordance with this Agreement or contract as approved for this project; or,
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2.4.3 Not in conformance with applicable state, federal and/or local laws,including but not
limited to, the building, plumbing and/or electrical codes; or,
2.4.4 Not in conformance with all plans, working drawings and/or specifications as
approved.
2.5 In no event shall the City become obligated to make any payments for any work performed,
materials furnished, expense incurred, or any other expenditure of any kind whatsoever,
unless same is expressly included in this Agreement.
2.6 In no event shall the City assume any obligations to make or continue to make any or all of
the above-referenced funding available, nor shall the City incur any liability hereunder,
unless and until the Owner has timely and fully complied with its duties and obligations
arising hereunder.
2.7 The City shall review and approve all plans, working drawings and/or specifications for
public improvements, site preparation and residential rehabilitation and perform interim and
final inspections on each rehabilitation phase.
2.8 The City shall review and monitor the required reports that identify the
progress/accomplishments of the Owner,on the activities included in this Agreement and on
contracts entered into with third parties pursuant thereto.
2.9 After completion of rehabilitation, the property must meet all state, federal and local laws,
ordinances,regulations, and codes, including but not limited to, Section 8 Housing Quality
Standards for Existing Homes (HQS) as established by the Department of Housing and
Urban Development (HUD) and City of Omaha Property Rehabilitation Standards. Such
compliance shall continue for the duration of the period of affordability as specified in
Section 3.1.4 of this Agreement.
2.9.1 The Property must also meet the accessibility requirements at 24 CFR Part 8 and the
design and construction requirements at 24 CFR 100, 205.
2.9.2 The City may perform periodic inspections to ensure compliance with Section 2.9.
2.9.3 The City will assist the Owner in the same manner it provides technical assistance
to other contractors during the rehabilitation phase to ensure compliance with
Section 2.9.
2.10 In the event a Property becomes uninhabitable by reason of fire or other calamity and if the
premises is so destroyed or damaged as to require the Authorized Project to be abandoned,
then the Owner agrees to apply the net insurance proceeds to repay the grant.
2.11 During the period of project development and construction work, and for the period of
affordability specified in Section 3.1.4 hereinbelow,the Owner shall:
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2.11.1 Maintain insurance in at least the amount of the grant and apply such insurance
proceeds to the reconstruction of the project or repayment in full of the grant.
2.11.2 Insure that the property remains free and clear of all superior encumbrances,
including liens and judgments.
2.12 The City shall approve all Authorized Projects with respect to environmental assessment in
accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA)
and related authorities listed in HUD's implementing regulations at 24 CFR Parts 50 and 58.
2.13 The City shall secure the HOME Grant with a covenant to insure that the Owner repays the
HOME Grant upon sale, assignment or other transfer of the property or portion thereof by
the Owner during the period of affordability as defined in Section 3.1. The City shall release
the covenant should the Owner meet said conditions during the period of affordability.
SECTION 3. DUTIES AND RESPONSIBILITIES OF THE OWNER
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3.1 The Owner does hereby certify,contract and agree that any and all funding obtained or made
available hereunder shall be used solely and exclusively for the express purpose of
acquisition and rehabilitation of approximately four dwellings for use as transitional housing
for households currently residing in emergency shelters for the homeless,in strict compliance
with this Agreement and the rehabilitation contract, as approved, as well as the plans,
drawings, and other specifications, as approved.
3.1.1 The Owner agrees that, during the period of affordability specified in Section 3.1.4
hereinbelow, three of the units must be occupied by low income families/persons
whose annual income does not exceed 60% of the "Median Income by Family Size"
as published by HUD, and as further updated and revised by HUD to reflect the
current or most recent income level statistics, a copy of the relevant portion of which
is attached hereto, marked as Exhibit C and incorporated herein by this reference.
3.1.2 In addition to the above,the Owner agrees that at least one of the housing units shall
be occupied by very low income families/persons whose annual income does not
exceed 50% of the "Median Income by Family Size" as described in Section 3,
Paragraph 3.1.1.
3.1.3 In no event shall eligible families/persons be charged rental amounts in excess of the
regulatory limits as specified in the HOME Regulations,24 CFR Part 92, Subpart F,
Section 92.252, for the leasing of rental housing units, assisted with the HOME
funds. The current HOME Rents,updated by HUD annually, are attached as Exhibit
"D" and incorporated herein by this reference as though fully set forth.
3.1.4 The Owner agrees That the occupancy, affordability, and use requirements of Section
3.1, will remain in effect for the period set forth below, beginning.after project
completion without regard to transfer of ownership of the property.
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Rehabilitation and Acquisition Minimum Period
Cost per Property Affordability in Years
Under$15,000 5
$15,000 to $40,000 10
Over$40,000 15
3.1.5 If, through breach of this Agreement, the Owner fails to maintain the occupancy,
affordability and use restrictions enumerated in Section 3.1 of the Agreement, all
HOME funds previously provided to the Owner through fulfillment of this
Agreement shall promptly be returned to the City of Omaha.
3.2 The Owner agrees to execute an Acknowledgement of Covenants Running with Land,
guaranteeing the use and period of affordability as stated herein, such Covenants shall be
filed against each Property, upon acquisition, similar in content to the Acknowledgement of
Covenants is attached hereto as Exhibit E and incorporated herein by this reference as though
fully set forth. The Owner, for itself, its successors and assigns, further agrees that the
restrictions and covenants in this Agreement shall be covenants running with the land,and
that they,in any event and without regard to technical classification or designation, legal or
otherwise,shall be binding,to the fullest extent permitted by law and equity,and enforceable
by,the City, its successors and assigns, against Owner, its successors and assigns to any part
of the property that is the subject of this Agreement, or any interest therein and any party in
the possession or occupancy of any part of said property. The Owner, for itself, its
successors and assigns, further covenants and agrees,that without regard to whether the City
or the United States is an owner of any interest in the land to which the covenants relate, the
covenants running with the land shall remain in effect for the period of affordability specified
in Section 3.1.4 after the date of the completion of the rehabilitation project, the period
specified or referred to in this Agreement, or until such date thereafter to which it may be
modified by proper amendment of this Agreement, on which date such covenants may
terminate. Further, the Owner, its successors and assigns agrees that during the period of
affordability, the property shall remain as transitional housing for low income households
currently residing in emergency shelters for the homeless.
3.3 The Owner shall be responsible for payment of any costs that exceed those specified in this
Agreement.
3.4 The Owner shall submit to the Director, for his review and approval, all working drawings,
plans and specifications necessary or incidental to this project. In addition,the Owner shall
submit duly authorized construction contracts for the Director's review and approval. The
Director reserves the right to reject, modify or 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 or release grant proceeds for any work performed, materials furnished, expenses
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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 Owner shall:
3.5.1 Procure and maintain property insurance in an amount sufficient to protect the City's
interest in the property during the term of the Agreement,the period of affordability,
and the term of any financing documents. The policy must include the City of
Omaha as an additional insured. In the event of loss or damage to the property, the
Owner must provide written notification to the City of such loss. Proceeds from any
claim under this policy may, at the discretion of the Director, be either applied to
restore or replace the improvements damaged or be released to the City to satisfy the
Owner's obligation to the City under the terms of this Agreement.
3.5.2 Procure and maintain Performance and Labor Materials Bonds and/or Irrevocable
Letters of Credit from the electrical, plumbing and HVAC contractors in aggregate
amounts of their contract bids. Lien waivers will be provided for the remaining
amount of the work, in favor of the City, in an aggregate amount of the contract bid.
The Letters of Credit shall be in force for one year following the completion of the
project. The Bonds and/or Letters of Credit shall be submitted for review and
approval by the Director. The City reserves the right to reject the Letters of Credit
and the choice of surety for the Bonds.
3.5.2.1 The Owner shall procure and maintain Certificates of Insurance from all
subcontractors, in favor of the City. The Certificates of Insurance shall be
submitted for approval by the Director. The insurance coverage shall be at
a minimum $200,000.00 bodily injury or death, $200,000.00 property
damage and adequate coverage for Worker's Compensation.
3.5.3 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 to or
disqualified by the U.S. Department of Housing and Urban Development (HUD).
The Director shall approve all contractors and subcontractors prior to being hired by
the Owner.
3.5.4 The Contractor shall comply with all provisions and regulations of the HOME
Program and have an annual audit completed in compliance with OMB Circular A-
133. The auditor shall determine the appropriate type of audit to be conducted; i.e.
limited scope or full compliance. A single Audit is not an allowable expense unless
the subrecipient expends total Federal funds over $300,000.00 in each fiscal year.
A limited-scope audit may be allowable provided the auditor conducts the audit in
accordance with generally accepted auditing standards and the subrecipient expends
less than$300,000.00 in each fiscal year. A copy of the audit shall be provided to the
Director. OMB Circular A-133, is attached as Exhibit "F".
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3.5.5 Make best efforts to ensure that construction services, contracts and employment
opportunities are affirmatively marketed to women and members of minority groups.
The Owner shall submit to the Director, for his review and approval, a Minority and
Women Business Participation Plan which discusses employment opportunities for
persons in these groups (see Exhibit G).
3.5.6 Employ affirmative marketing procedures in the advertising and marketing of the
completed project. In marketing, the Owner shall also conform to the non-
discrimination provisions hereinafter set forth. The Owner shall comply with the
affirmative marketing responsibilities specified in Exhibit H.
3.6 The Owner shall commence and complete construction in accordance with the following:
3.6.1 The Owner shall commence work on this project as soon as possible after receipt of
a written notice to proceed from the Director. Any work performed or costs incurred
prior to the issuance of such a notice shall be the sole responsibility of the Owner.
3.6.2 The Owner shall complete the acquisition and construction work on or before
December 1, 2000. Upon the sole discretion of the Director, this date may be
extended up to eighteen months from the date of execution of this Agreement.
3.7 During the construction period,the Owner shall:
3.7.1 Insure that all work performed and the Rehabilitation Work as completed meet all
State, Federal, and local laws, ordinances, regulations and codes; including but not
limited to, Section 8 Housing Quality Standards (HQS) as established by HUD and
City of Omaha Property Rehabilitation Standards. The Director shall assist the
Owner in the same manner the Director provides technical assistance to other
developers, during the construction phase to ensure compliance with such
requirements.
3.7.2 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)percentum of lead by weight (calculated as
lead metal)in the total nonvolatile content of the paint, or the equivalent measure of
lead in the dried film of paint already applied. The Owner further agrees to abide by
all Federal requirements regarding lead-based paint poison prevention.
3.8 During the construction period and the terms of this Agreement and during the period of
affordability, the Owner shall:
3.8.1 Maintain the property in a safe and sanitary condition at all times.
3.8.2 Insure that all taxes and special assessments are paid and kept current.
3.8.3 Insure that property insurance remain current throughout the term of the covenants.
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3.9 The Owner shall ensure that the residential development conforms to City housing and
zoning ordinances.
3.10 The Owner shall provide services for clients as required in the Scope of Work Summary,
attached hereto as Exhibit B and made a part hereof by reference.
3.11 The Owner shall assume responsibility for follow-up actions required for all clients receiving
assistance under this Agreement.
3.12 The Owner specifically hereby states, agrees and certifies that it is 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 Owner further agrees to indemnify and hold harmless the City of Omaha for any
liability arising out of the improper use by the Owner of information provided.
3.13 The Owner, Contractor and Subcontractors shall maintain such records and accounts,
including property,personnel and financial records, as are deemed necessary by the City to
assure a proper accounting for 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 Owner,Contractor, or subcontractors 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 years from the
contract period completion. Any contract entered into by the Owner with any Contractor or
Subcontractor shall include this Section to ensure said access.
3.14 The Owner shall submit to the City the following reports in accordance with the submission
timelines as specified:
3.14.1 Rehabilitation Progress Reports - The Owner will provide quarterly reports to the
Director describing the progress of rehabilitation, and any significant problems
and/or delays in construction on this project. The progress reports are required until
such time as all construction work is completed and the final payment for
rehabilitation is issued by the City.
3.14.2 Occupancy Reports - The owner will provide to the Director an initial report, and
annual reports for the term of this Agreement,on the following information for those
who have applied for,participated in, or benefited from,the transitional living units:
(a) name(s) of buyer(s)
(b) address of property
(c) household income as a percent of Median Family Income as determined by
HUD
(d) Household size
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(e) gender of head of household member
(f) age of each household member
(g) race/ethnicity of head of household
(h) disabled status of any household member.
3.15 For each family or individual occupying a unit/bedroom in the property, the Owner shall
retain the following records for five (5) years after the required period of affordability as
specified in Section 3.1.4 of this Agreement:
(a) name, address, and unit occupied
(b) date of occupancy,
(c) copy of lease/rental agreement,
(d) percent Median Family Income as determined annually pursuant to Section
3.1.
3.16 The Salvation Army shall acquire properties for the purpose of rehabilitation and use as
transitional housing.
3.16.1 Prior to the acquisition of a Property for an Authorized Project,The Salvation Army
shall notify the City, in writing, of its intent to acquire said Property. Said written
notice shall include the Legal Description and common address of the Property.
3.16.2 The acquisition of properties shall be voluntary arm's length transactions and,prior
to making an offer to purchase a property,The Salvation Army shall inform the seller
in writing:
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(a) That it does not have the power of Eminent Domain and, therefore, will not
acquire the property if negotiation fails to result in amicable agreement; and,
(b) Of its estimate of the fair market value of the property, The Salvation Army
shall maintain reasonable evidence in its project files of the basis for its
estimate of fair market value.
3.16.3 In no event shall a tenant-occupant of a property be displaced, either permanently or
temporarily, from the property as a direct result of an authorized project. A move
following a notice to vacate the property and a move resulting from a seller's refusal
to renew an expiring lease is considered as displacement caused by The Salvation
Army.
3.16.4 In the event that The Salvation Army displaces any tenant-occupant of a property, it
shall immediately notify the City in writing of the circumstances surrounding said
placement. The Uniform Relocation Assistance and Real Property Acquisition.
Policies Act of 1970,as amended, shall govern any displacement occurring as a result
of an authorized project. In the event of displacement, The Salvation Army shall be
responsible for the payment of all required relocation assistance payments.
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3.17 The Salvation Army shall not begin rehabilitation of a Property until it receives approval by
the City that all provisions of the National Environmental Policy Act of 1969 (NEPA) and
related authorities listed in HUD's implementing regulations at 24 CFR Parts 50 and 58 have
been met regarding said property.
3.18 The owner shall comply with all environmental requirements for review and impact on the
environment.
3.19 The Owner shall, if applicable, complete a certified rehabilitation of the Subject Property
under the Historic Preservation Certification Program of the United States Department of the
Interior.
3.20 The Owner shall, if applicable, obtain final certification from the National Park Service,
Denver, Colorado, verifying that the Owner has complied with and met the Secretary of
Interior's Standards for Rehabilitation.
SECTION 4. TERM OF THE AGREEMENT
This Agreement shall be in full force and effect and will continue for a period of fifteen (15)
years from completion of property rehabilitation as determined by the City.
SECTION 5. MUTUAL AGREEMENTS
The Owner agrees, and the City states, that the City:
5.1 Is not acting as the Owner's architect or engineer.
5.2 Makes no warranties,express or implied, as to the construction work.
5.3 Owes no duty to the Owner or any other persons that arise because of any inspection of the
premises by the City's agents or employees.
5.4 May inspect the property at any reasonable time, including a final inspection to certify
completion prior to final disbursement of grant/loan proceeds.
5.5 Shall be held harmless by the Owner for all injury and damages arising by virtue of this
Agreement.
SECTION 6. PROVISIONS OF THE AGREEMENT
6.1 Equal Employment Opportunity Section 3 Clause. Attached hereto as Exhibits I and J, and
made a part hereof by this reference,are the equal employment provisions of this Agreement.
6.2 Non-Discrimination. The Owner shall not, in the performance of this Agreement,
discriminate or permit discrimination in violation of federal or state laws or local ordinances
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because of race, color, handicap, familial status, sex, age, political or religious opinions,
affiliations or national origin.
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 the Agreement voidable by the Mayor or
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 and any related documents securing the financing, contain
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 Owner may not,assign its rights or obligations under this Agreement
without the express prior written consent of the City.
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.
6.10 Termination. This Agreement may be suspended or terminated in accordance with 24 CFR
85.43, Enforcement or 24 CFR 85.44, Termination for Convenience (Exhibit K). Upon.
termination of this Agreement, all funds and interest in any account hereunder shall become
the property of the City and shall be returned to the City.
6.11 Reversion of Assets. Upon expiration of this Agreement,the Owner must transfer to the City
any HOME funds on hand at the time of expiration and any accounts receivable attributable
to the use of HOME funds.
Notwithstanding the above,this Property shall be subject to the covenant set out in Section 3.
-13-
1
•
6.12 Indemnification. The Owner shall indemnify and hold the City harmless from and against:
(1) any and all claims arising from contracts between the Owner 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.
6.13 Default. If,through any cause, the Owner shall fail to fulfill in a timely and proper manner
any obligations under this Agreement, or violate any of the covenants, representations or
agreements hereof,the City may,upon written notice,terminate this Agreement or such parts
thereof as to this Agreement, and may hold the Owner liable for any damages caused to the
City by reasons of such default and termination.
6.14 Nebraska Law. This Agreement shall be a contract made under and governed by the laws
of the State of Nebraska.
6.15 Unenforceable Provisions. Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall,as to such jurisdiction,be ineffective to the extent of
such prohibition of enforceability without invalidating the remaining provisions hereof or
affecting the validity of enforceability of such provision in any other jurisdiction.
6.16 Disclosure of Lobbying. The Owner shall certify and disclose, to the best of its knowledge
and belief, that:
• (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
Owner, 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 Owner 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,
loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly.
6.17 Subrecipients. The Owner shall comply with the requirements and the standards of OMB
Circular No. A-122, "Cost Principles for the Nonprofit Organizations" (Exhibit L) and with
the requirements of Attachments B, F, H, paragraph 2, and 0 to OMB Circular A-110
(Exhibit M).
-14-
6.18 Other Program Requirements. The Owner shall be required to carry out each activity of this
Agreement in compliance with all Federal laws and regulations described in Subparts A, E,
F, and H of the Home Investment Partnerships Program; 24 CFR Part 92 (Exhibit D).
SECTION 7. AUTHORIZED REPRESENTATIVES
In further consideration of the mutual covenants herein contained,the parties hereto expressly
agree that for purposes of notice, including legal service of process, during the term of this
Agreement,and for the period of any applicable statute or limitations thereafter,the following named
individuals shall be authorized representatives of the parties:
1 City of Omaha 2 The Salvation Army
Director- Planning Department 10 West Algonquin
Omaha/Douglas Civic Center Des Plaines, Illinois 60016
1819 Farnam Street
Omaha, NE 68183
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date indicated
below.
ATTEST: . CITY OF O:: i ni ipal C oration:
rAigy
'0//
C `r LERK OF THE CI OF OMAHA MAYOR OF THE CITY OF OMAHA
WITNESS: THE SALVATION ARMY
PAN ( le4V
/U- g-91 NAME:
DATE
TITLE: f ►CHARDAMICK
ASST.TREASURER
10-1g-99
DATE
APPRO AS TOp10,214
/
UO;"/A(.) ) 63/
P:\PLN3\7454.MAF CITY ATTORNEY DATE
-15-
SCHEDULE OF EXHIBITS
Exhibit Location Description
A Section 1.2 Articles of Incorporation, Board of Directors, and
Corporate Resolution
B Section 1.13 Scope of Work
C Section 3.1.1 Median Income by Family Size
D Section 3.1.3, 6.18 24 CFR Part 92, Subparts A, E, F and H and Home
Program Rents
E Section 3.2 Acknowledgement of Covenants Running With Land
F Section 3.5.4 OMB Circular A-133
G Section 3.5.5 Minority and Women Business Participation Plan
H Section 3.5.6 Affirmative Marketing Plan
i Section 6.1 Equal Employment Opportunity Clause
J Section 6.1 Affirmative Action Plan (Section 3 Clause)
K Section 6.10 Termination - CFR 85.43 and CFR 85.44
L Section 6.17 OMB Circular
M Section 6.17 Attachments B, F, H, and 0 to OMB Circular A-110
Exhibits identified herein are made a part hereof by reference and are a part of the provisions of the
Agreement. Exhibits D, F, G, and I through M are on file in the Planning Department.
P:\PLN3\7454.MAF
. =><h'/e/7 A
• THE SALVATION ARMY
• 3612 COMING STREET
OMAHA, NE 68131
NAME The Salvation Army
Western Divisional Headquarters
ADDRESS 3612 Cuming Street, Omaha, NE 68131
PHONE (402) 554-5900
OWNERSHIP Established 1865
Illinois Corporation est . May 29, 1913
OFFICERS Robert A. Watson, Chairman of the Board
• Harold Hinson, President
r, V. President
"��atna5 t.�L`'l S Harold Winkler, Secretary
Gary L. Herndon, Treasurer
FEDERAL I .D. 36-2167910
NEBRASKA SALES TAX EXEMPTION 05-3693015
TYPE OF BUSINESS Non-Profit Charitable
BANK First Bank NA
17th and Farnam St .
Omaha, NE
TRADE REFERENCES :
Pay-Less Office Supplies 6939 L .Street Omaha, NE 68117
Westlake Hdw. P.O. Box 421 Moberly, MO 65270
U. S . Check Book Co. 1201 S . 16th Street Omaha, NE 68108
EXECUTIVE COMMITTEE
Harold Hinson
Raymond Cooper
DATE OF INCORPORATION: May 29, 1913
DATE OF MERGER OF OTHER CORPORATIONS : February 1, 1988
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d-ize/re «u dud THE SALVATION ARMY, A DOMESTIC CORPORATION;
INCORPORATED UNDER THE LAWS OF THIS STATE MAY 29, 1913, APPEARS TO
HAVE COMPLIED WITH ALL THE PROVISIONS OF THE GENERAL NOT FOR PROFIT
CORPORATION ACT OF THIS STATE, AND AS OF THIS DATE, IS A DOMESTIC
CORPORATION IN GOOD STANDING IN THE STATE OF ILLINOIS**************
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SECRETARY OF STATE
G280
•
THE SALVATION ARMY
ILLINOIS
BY-LAWS
ARTICLE I
NAME AND OFFICE
Section 1. The name of this Corporation shall be THE SALVATION ARMY, and its
principal office and place of business shall be in the City of Des Plaines, County of Cook and
State of Illinois. The Corporation may have an office in such other places in the State of
Illinois and outside of Illinois as its Board of Trustees may from time to time appoint, or the
business of the Corporation may require.
OBJECTS
Section 2. The general object and purposes of this Corporation are those stated in
paragraph 2 of its Certificate of Incorporation, to-wit: The object for which it is formed is to
further the work of the Christian Church known as THE SALVATION ARMY, and to
engage in charitable, educational, missionary, philanthropic and religious work, and more
particularly, charitable, educational, missionary, philanthropic and religious work of the
character that has been and is being conducted by the branch of the Christian Church known
as THE SALVATION ARMY, and to do everything, and to act and carry on every kind of
operation necessary and incidental to the maintenance of such beneficial, educational,
charitable, missionary, philanthropic and religious work, but that all of such work shall be
conducted not for pecuniary profit; to receive and hold both real and personal property of and
for religious societies and associations belonging to such branch of the Christian Church
known as THE SALVATION ARMY, and to execute trusts thereof; also from time to time
to transact any business and carry on any work or operations in connection with and for the
purposes of the foregoing, but at no time for pecuniary profit; to enter into, make, perform
and carry out contracts of every kind and for any lawful purpose; issue bonds or obligations
of the Corporation and secure the same by trust, deed, mortgage, pledge, or otherwise, if
deemed best or necessary by said Corporation, and to dispose of the same; take and hold by
lease, gift, purchase, grant, devise or bequest, any property (real or personal) for purposes
of the Corporation, and issue bonds therefore, and to secure the same by mortgage, trust
deed, or otherwise. The Corporation shall and may exercise all the powers now or hereafter
-1-
granted by the laws of the State of Illinois to corporations organized under the general Not
for Profit Corporation Act.
Section 3. This Corporation may have one (1) or more offices for the conducting of the •
business of the Corporation, and keep books thereof, at the office of the Corporation in Des
Plaines, Illinois, or at such other place in the State of Illinois and outside of Illinois, as they
may from time to time determine.
ARTICLE II - MEMBERSHIP
Section 1. The sole member shall be the National Commander of THE SALVATION
ARMY in the United States of America.
Section 2. An annual meeting of the member shall be held in February of each year.
ARTICLE III - TRUSTEES
HOW APPOINTED
Section 1. The property and business of this Corporation shall be managed by a Board of
Trustees, seven (7) in number. The National Commander of THE SALVATION ARMY in
the United States of America, the Territorial Commander of the Central Territory of THE
SALVATION ARMY in the United States of America and the Chief Secretary of the Central
Territory of THE SALVATION ARMY in the United States of America shall be ex-officio
Trustees. The remaining Trustees shall be appointed by the member. Any Trustee appointed
by the member may be removed by the member at any time with or without cause.
RESIGNATION OF TRUSTEES
Section 2. A Trustee of this Corporation may resign, at any time, by causing to be
delivered to the Board of Trustees his written resignation.
IMPLIED POWER OF TRUSTEES
Section 3. In addition to the powers and authority by these By-Laws expressly conferred
upon them, the Board of Trustees may exercise all such powers of the Corporation and do
all such lawful acts and things as are authorized by statute, and by the Certificate of
Incorporation.
EXPRESS POWERS OF I"RUSTEES
Section 4. Without prejudice to the general powers conferred by the last preceding clause
and the other powers conferred by statute, by the Certificate of Incorporation, and by these
By-Laws, the Board of Trustees shall have custody and control of all the temporalities and
property, real and personal, belonging to the said Corporation and the revenues therefrom,
and shall administer the same in accordance with the discipline, rules and usages of THE
SALVATION ARMY or the governing body thereof; but this section does not give to said
Trustees any control over the policy or control of the religious or ecclesiastical membership
of THE SALVATION ARMY, or power over any of the spiritual officers of the Corporation,
and shall be subject to the rule and disciplines of said Corporation laid down by the General
of THE SALVATION ARMY, or his/her successors in office. In addition to the above
powers, it is hereby expressly declared that the Board of Trustees shall have the following
powers, that is to say:
(a) To purchase or otherwise acquire for the Corporation any property, rights, or
privileges which the Corporation is authorized to acquire, at such price or consideration, and
generally on such terms and conditions as the Trustees may deem fit.
(b) At their discretion, to pay for any property or rights acquired by the
Corporation, either wholly or partly, in money, notes, bonds, debenture or other securities
of the Corporation.
(c) To create, make and issue mortgages, bonds, deeds of trust, trust agreements
and negotiable or transferable instruments or securities secured by mortgage, or otherwise,
and to do any other act or thing necessary to effectuate the same.
(d) To determine who shall be authorized on the Corporation's behalf to sign bills,
notes, receipts, acceptances, endorsements, checks, releases, contracts and documents.
(e) To delegate any of the powers of the Board of Trustees in the course of the
current business of the Corporation to any standing or special committee, or to any officer,
or agent, or to appoint any persons to be agents of the Corporation, with such powers
(including the power to sub-delegate), and upon such terms as they think fit.
REGULAR MEETINGS
Section 5. Regular meetings of the Board of Trustees may be held without notice at such
time and place as shall be from time to time determined by the Board of Trustees.
-3-
ANNUAL MEETINGS
Section 6. The annual meeting of the Trustees shall be held on or about February at the
principal office of the Corporation or such other place designated by the Trustees.
QUORUM
Section 7. At all meetings of the Board of Trustees, a majority of the Trustees, including
either the President or the Vice President, shall be necessary and sufficient to constitute a
quorum for the transaction of business, and the act of a majority of the Trustees present at
any meeting at which there is a quorum shall be the act of the Board of Trustees.
SPECIAL MEETINGS
Section 8. Special meetings of the Board of Trustees may be called by the Chairman of
the Board, the President or the Secretary on five (5) days' notice to each Trustee, either
personally, by mail or by telegram. Special meetings shall be called by the Secretary in like
manner on the written request of four (4) Trustees. Special meetings of the Board of
Trustees may be held at any one time or place, without notice, upon all of the members of
the Board of Trustees being present.
ARTICLE IV
OFFICERS
Section 1. The officers of this Corporation shall be a Chairman of the Board, a President,
a Vice President, a Secretary and a Treasurer. Any two (2) of the aforesaid offices may be
filled by the same person, except that neither the Secretary nor the Treasurer will fill the
office of the Chairman of the Board or the President.
Section 2. Whomsoever shall be the National Commander of THE SALVATION ARMY
in the United States of America, Territorial Commander of the Central Territory of THE
SALVATION ARMY in the United States of America, and Chief Secretary of THE
SALVATION ARMY in the Central Territory, shall be ex-officio Chairman of the Board,
President and Vice President, respectively, of this Corporation.
Section 3. The Board of Trustees shall, at its annual meeting, elect a Secretary and
Treasurer, who need not be members of the Board of Trustees. The elected Secretary and
Treasurer shall serve at the pleasure of the Board of Trustees.
-4-
Section 4. The Board of Trustees may elect such other officers and agents as it shall deem
necessary, who shall have such authority and perform such duties as may from time to time
be determined by the Board of Trustees. Other elected officers and agents shall serve at the
pleasure of the Board of Trustees.
Section 5. The officers of this Corporation, except the ex-officio officers, shall hold office
for one (1) year and until their successors are chosen and qualify.
ARTICLE V
EXECUTIVE COMMI IITEE
Section 1. There may be an executive committee of two (2)Trustees, including either the
President or the Vice President, appointed by the Board of Trustees, who may at stated times
or on notice by either to the other, meet. During the intervals between the meetings of the
Board of Trustees, they shall advise with and aid the officers of the Corporation in all matters
concerning its interests and the management of its business, and generally perform such
duties and exercise such powers as may be directed or delegated by the Board of Trustees
from time to time. The Board may delegate to such committee, authority to exercise all the
powers of the Board, excepting powers not permitted to be exercised by the executive
committee pursuant to statute.
Section 2. Vacancies in the membership of the executive committee shall be filled by the
Board of Trustees at the regular meeting, or at a special meeting called for that purpose.
COUNCILS
Section 3. The Board of Trustees shall, by resolution, appoint the following councils,
designate the membership thereof, and assign to them appropriate duties and responsibilities,
in accordance with the rules and usages of THE SALVATION ARMY:
TERRITORIAL FINANCE COUNCIL
PROPERTY COUNCIL
TERRITORIAL AUDIT COUNCIL
MUSIC COUNCIL
RETIREMENT COUNCIL
TERRITORIAL ADVISORY COUNCIL
LEGACY COUNCIL
-5-
ARTICLE VI
COMPENSATION
Section 1. Trustees, as such, shall receive no stated salary for their services, but by
resolution of the Board of Trustees, the expenses of attendance, if any, may be allowed for
attendance at each regular or special meeting of the Board of Trustees; PROVIDED,
HOWEVER, that nothing herein contained shall be construed as precluding any Trustees
from serving the Corporation in any other capacity and receiving compensation therefor.
ARTICLE VII
DUTIES OF OFFICERS
CHAIRMAN OF THE BOARD
Section 1. The Chairman of the Board shall preside at all meetings of the member and of
the Trustees, and shall have general and active management of the business of the
Corporation. He shall execute mortgages, bonds and other contracts requiring a seal, under
the seal of this Corporation. He shall be ex-officio a member of all standing committees and
shall have the general powers and duties of supervision and management usually vested in
the office of the Chairman of the Board of a Corporation.Notwithstanding the foregoing, the
Chairman of the Board may delegate any or all of his duties and powers to the President for
such term and under such conditions as he shall consider advisable.
Section 2. The President shall, in the absence or disability of the Chairman of the Board,
perform the duties of the Chairman of the Board, but shall have no power to remove officers
or to fill vacancies occasioned by such removal: - ' " ..
VICE PRESIDENT
Section 3. The Vice President shall, in the absence or disability of the President, perform
the duties of the President.
SECRETARY
Section 4. The Secretary shall attend all meetings of the Board of Trustees and all
meetings of the member and act as clerk thereof, and record all votes and the minutes of all
proceedings in a book to be kept for that purpose; and shall perform like duties for the
standing committees when required. He shall give or cause to be given all notices of
-6-
meetings of the Board of Trustees or members and perform such other duties as may be
prescribed by the Board of Trustees or the President, under whose supervision he shall be.
He shall have custody of the corporate seal and shall, when required to do so, affix the seal
to any instrument requiring the same, and attest the same by his signature as Secretary.
TREASURER
Section 5. The Treasurer shall have custody of the corporate funds and securities and shall
keep full and accurate accounts of all receipts and disbursements in books belonging to the
Corporation, and shall deposit all monies and valuable effects in the name and to the credit
of the Corporation, in such depositories as may be designated by the President or the Board
of Trustees. He shall disburse the funds of the Corporation as may be ordered by either the
President or the Board of Trustees, taking proper vouchers for such disbursements, and shall
render to the President and Trustees, at the regular meetings of the Board of Trustees, or
whenever they may require it, an account of all his transactions as Treasurer, and of the
financial condition of the Corporation. He shall give to the Corporation a bond, if required
by the President or the Board of Trustees, in a sum and with one (1) or more securities
satisfactory to the President or Board of Trustees, for the faithful performance of duties of
his office and for the restoration to the Corporation in case of his death, resignation,
retirement or removal from office, of all books, papers, vouchers, money and other property
of whatever kind in his possession or under his control belonging to the Corporation.
ARTICLE VIII
SEAL - HOW IDENTIFIED
Section 1.• The Corporation shall have a corporate seal of which the impression. set •
opposite this section shall be identification.
ARTICLE IX
FISCAL YEAR
Section 1. The fiscal year shall begin on the first day of October of each year.
-7-
ARTICLE X
NOTICES - HOW GIVEN
Section 1. Whenever, under the provisions of these By-Laws, notice is required to be
given to any trustee, it shall not be construed to mean personal notice, but such notice may
be given in writing by depositing the same in the post office or letter box, in a post-paid
sealed wrapper, addressed to such trustee at such address, to such trustee at the general post
office in Des Plaines,Illinois, and such notice shall be deemed to have been given at the time
when it is mailed.
WAIVER OF NOTICE
Section 2. Any trustee, officer or member may waive any notice to be given under these
By-Laws.
ARTICLE XI
AMENDMENTS
Section 1. The Board of Trustees, at the affirmative vote of a majority of all its trustees,
including the Chairman of the Board of the Corporation, may alter or amend these By-Laws,
at any regular or special meeting of the Board of Trustees.
October 15, 1996
-8-
Page No. 1
03/24/98
THE SALVATION ARMY
1998-99 Omaha Advisory Board
Active Members
NAME & BUSINESS HOME ADDRESS TERM
Andrews, Sunny (Shanti) 16706 Martha Circle 2001
UNO School of Social Work Omaha NE 68130
6001 Dodge Street, Annex 40 334-9081
Omaha NE 68182
554-2793
Azriel, Aryeh (Elyce) 13635 Walnut Street 2000
Temple Israel Omaha NE 68144
7023 Cass Street 334-4456
Omaha NE 68132
556-6536
Baker, Judy (Mrs. Jack) 923 S 96th Street 1999
Omaha NE 68114
393-3414
Bass, Jo 1439 S 87 Street 2000
Kutak Rock Omaha NE 68124
1650 Farnam-Street 390-0121
Omaha NE 68102
346-6000
Boone, Chaplain Joseph (Alisyn) 1999
USSTRATCOM/JO40
901 SAC Blvd, Suite 2D7
Offutt AFB NE 68113
294-2281
Burke, Thomas (Barbara) 12723 Capital Plaza 1999
Kennedy Holland Delacy & Svoboda Omaha NE 68154
10306 Regency Pkwy Drive 333-8984
Omaha NE 68114
397-0203
Butler, Dorene (Mrs. Lee) 11122 William Plaza 1999
Omaha NE 68144
334-3888
Colladay, Danny (Mrs. Martin) 415 Martin Drive 2001
Bellevue NE 68005
291-7686
Page No. 2
03/24/98
THE SALVATION ARMY
1998-99 Omaha Advisory Board
Active.Members
NAME & BUSINESS HOME ADDRESS TERM
Cordes, Bill (Claudia) 16540 L Street 2000
Enron Transportation & Storage Omaha NE 68135
1111 S 103 Street 895-9256
Omaha NE 68124
398-7071
Council, Brenda (Mrs. Otha) 2001 Florence Mills Plaza 1999
Union Pacific Railroad Omaha NE 68110
1416 Dodge Street, Room 830 453-1532
Omaha NE 68179
271-4928
Dickey, Madeline 5013 Whitecloud Drive 2001
First National Bank Omaha NE 68157
2930 S 24 Street 731-8433
Omaha NE 68108
342-3440
Durham, Margre (Mrs. Charles) 1329 S 83 Street 1999
390-2450 Omaha NE 68124
397-5259
Erwin, Greg 1214 Howard Street 2000•
Erwin Professional Corporation Omaha NE 68102
1625 Farnam, Suite 700 345-3456
Omaha NE 68102
346-6200
Faith, Marshall (Mona) 10315 Rockbrook Road 2000
The Scoular Company Omaha NE 68124
2027 Dodge Street 391-2467
Omaha NE 68102
342-3500
Giltner, Phil (Gretchen) 10076 Fieldcrest Drive 1999
First National Bank Omaha NE 68114
16th & Dodge 397-7133
Omaha NE 68102
341-0500
Hart, Timothy D. (Debbie) 17315 P Street 2001
First National Bank Omaha NE 68135
1620 Dodge Street 895-5344
Omaha NE 68102
633-7407
Page No. 3
03/24/98
THE SALVATION ARMY
1998-99 Omaha Advisory Board
Active Members
NAME & BUSINESS • HOME ADDRESS TERM
Harvey, Thomas L. 1718 N 126th Street 1999
OPS-Student & Community Services Omaha NE 68154
3215 Cuming Street 493-2047
Omaha NE 68131
557-2130
Hillmer, Tom (Julie) 323 S 166th Street 2001
Epsen, Hillmer Graphics Omaha NE 68118
2020 California Street 330-4963 .
Omaha NE 68102
342-7000
Huff, Eric D. (Judith) 2502 N 160 Street 2001
First Data Resources Omaha NE 68116
10805 S Old Mill Road 496-7626
Omaha NE 68154
222-1111
Johnson, Vard R. (Ruth) 8823 Capitol Ave 2000
Broom,Johnson,and Clarkson Omaha NE 68114
1722 St. Mary's Ave, Suite 310 397-3362
Omaha NE 68102
346-8323
Lacey, Margie 9519 Parker Street 2000
ConAgra, Inc. Omaha NE 68114
One ConAgra Drive 392-0230
Omaha NE 68102
595-4650
Landen, James E. (Diane) 511 S 93 Street 2000
Security National Bank of Omaha Omaha NE 68114
3500 Farnam Street 398-1889
Omaha NE 68131
344-7300
Long, Steve (Sue) 1813 N 132nd Ave Circle 2001
Methodist Hospital Omaha NE 68154 •
8303 Dodge Street 493-4819
Omaha NE 68114
354-4976
Mammal, Carl (Joyce) 9756 Frederick Street 2000
Omaha NE 68124
8805 Indian Hills Drive, Suite 375 391-5961
Omaha NE 68114
384-8500
1,
•
•
Page No. 4
03/24/98
THE SALVATION ARMY
1998-99 Omaha Advisory Board
Active Members
NAME & BUSINESS HOME ADDRESS TERM
Moore, James I. (Dian) 4540 N 216 Street 2001
Mega Real Estate Elkhorn NE 68022
12046 Pacific 289-4907
Omaha NE 68154
334-8877
Moore, Terry (Tanya) 820 S 67 Street 2000
AFL-CIO Omaha NE 68106
3000 Farnam/Suite 5 East 553-3224
Omaha NE 68131
346-4800
Morris, John (Kathy) 3333 N 128 Circle 1999
First Bank National Association Omaha NE 68154
17th & Farnam 445-d504
Omaha NE 68102
348-6124
Morrison, Fr. Michael G. 2001
Creighton University
2500 California/President's Office
Omaha NE 68178
280-2770
Owen, Dee (Mrs. Ed) 7700 Fairway Drive 2000
Omaha NE 68152
571-2233
Sawtell, Stephen M. (Helen) 702 Ridgewood Ave. 1999
Omaha NE 68114
393-4850
391-5200
Schaefer, Barbara (Mrs. Ronald) 9373 Dewey Avenue 2001
Union Pacific Railroad Omaha NE 68114
1416 Dodge, Room 305
Omaha NE 68179
271-4250
Scott, Robert M. "Mike" (Marsha) 211 N 129 Street 1999
First Data Resources Omaha NE 68154
11810 Nicholas St M-13 330-1087
Omaha NE 68154
222-7373
Page No. 5
03/24/98
THE SALVATION ARMY
1998-99 Omaha Advisory Board
Active Members
NAME & BUSINESS HOME ADDRESS TERM
Scott, Suzanne (Mrs. Walter) 3555 Farnam/Kiewit 2001
Plaza/Penthouse
Omaha NE 68131
342-2052
Sederstrom, Charles V. (Karen) 510 Loveland Drive 2000
Erickson & Sederstrom Omaha NE 68114
10330 Regency Parkway Dr. 397-0254
Omaha NE 68114
397-2200
Seibert, Rick (Debbie) 3402 N 128 Circle 2001
Omaha World Herald Omaha NE 68164
1334 Dodge Street 498-3447
Omaha NE 68102
444-1480
•
Spence, Gene (Ann) 9737 Frederick 1999
Omaha NE 68144
391-3797
Trowbridge, Lewis (Debbie) 205 Trails End Road 2001
SilverStone Group Elkhorn NE 68022
11516 Miracle Hills Dr., Suite 102 289-2268
Omaha NE 68154
964-5400
Weber, Del (Lou Ann) 1307 N 97th Plaza 1999
Omaha NE 68114
398-1772
03/24/98
LIFE MEMBERS
NAME & BUSINESS HOME ADDRESS
Barnhart, John C. "Jack" (Mary) 11306 Pierce Plaza
Barnhart Press Omaha NE 68144
2566 Farnam Street 334-5129
Omaha NE 68131
341-1322
Drew, Howard 11617 Douglas Street
Omaha NE 68154
334-8965
Marvin, Sharon (Mrs. Sam) 1330 S 79 Street
N. P. Dodge Company Omaha NE 68124
333-5008 391-6077
Smith, Roy A. (Macaela) 302 Basswood Court
Old Mill Toyota Bellevue NE 68005
601 N 108 Circle 291-7733
Omaha NE 68154
496-4444
Thomas, L. B. "Red" (Jann) 7813 Pierce
Omaha NE 68124
393-8675
Velde, Gretchen S. (Mrs. John) 8405 Indian Hills Dr., #5A10
Omaha NE 68114
393-2331
391-8400
WOMEN'S AUXILIARY PRESIDENT
NAME & BUSINESS HOME ADDRESS
Bowers, Midge (Mrs. Bill) 9468 Jackson Street
Omaha NE 68114
393-5722
•
03/24/98
EMERITUS MEMBERS
NAME & BUSINESS HOME ADDRESS
Aronson, Harvey (Phyllis) 9953 Devonshire
Omaha NE 68114
397-2411
Ramsey, Bill (Pat) 307 S 51 Ave
Bill Ramsey Associates, Inc. Omaha NE 68132
4913 Dodge Street 551-3951
Omaha NE 68132
556-5770
•
•
RESOLUTION
WHEREAS,The Salvation Army,an Illinois Corporation finds from time to time that the
programs and Corporations are best provided by contracting with other agencies,public and/or private,
and desires from time to time to contract with public and/or private agencies in order to provide
programs and social services.
BE IT THEREFORE RESOLVED THAT upon approval by the said,The Salvation Army,an
Illinois Corporation,of a given service and upon approval of a contract with a public and/or private
agency in connection with providing that given service, any person holding any of the following
corporate officers may sign contractual agreements relating to same.
Chairman of the Board
President
Vice President
Treasurer
Assistant Treasurer
Secretary
Assistant Secretary
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
CERTIFICATE OF SECRETARY
I, HAROLD WINKLER, DO HEREBY CERTIFY that I am the Secretary of THE
SALVATION ARMY,a Corporation duly organized and existing under and by virtue of the laws of
the State of Illinois that I am the keeper of the records and of the Corporate Seal of this Corporation;
and that the foregoing is a true copy of a resolution duly adopted by the affirmative vote of all of the
Trustees of said Corporation at a lawful meeting of the Board of Trustees of the said Corporation duly
convened on January 26,1998,in the City of Des Plaines,State of Illinois,and that there were present
at said meeting more than a majority of all of the Trustees of the said Corporation,and that resolution
is still in effect.
IN WITNESS WHEREOF,I have hereunto set my hand and seal of this Corporation this
22nd day of April , 1998.
I FURTHER CERTIFY that as of this date the Corporate Officers are as follows:
Chairman of the Board ROBERT A.WATSON
President HAROLD D.HINSON
Vice President THOMAS C.LEWIS
Treasurer GARY L.HERNDON
Assistant Treasurer DONALD L.LENZ
Secretary HAROLD WINKLER
Assistant Secretary WILLIAM J.SPECK
CORPORATE
SEAL fjtIAROLD W KLER,SECRETARY
/ /
SCOPE OF' WORK
The Salvation Army
Scattered-Site Transitional Housing
INTRODUCTION
Currently The Salvation Army has two houses and one duplex in our
Scattered-Site Transitional Housing. The focus of the program is
to reintegrate families back into the Omaha Community. Case
management and mentorship provides a supportive empowering and
nurturing support system to help with the transition back into
the community.
GOALS/OBJECTIVES
The goal of the program is to integrate homeless individuals back
into the community and increase their level of economic
independence:
The objectives are
* improving life skills
* encouraging higher education
* encouraging occupational training
* reducing welfare dependency
* retaining employment
* obtaining non-subsidized housing upon exiting the program
* adjusting to independent living
ADMINISTRATION/STAFFING
The program is a part of the Homelessness Prevention Services
Department . Staff services will be facilitated by existing case
managers, facility manager, and program director.
EVALUATION
* Consumers will be evaluated on a quarterly basis by the
Homelessness Prevention Services Multi-Disciplinary team.
* There will be a quarterly consumer satisfaction survey.
* The program will be evaluated annually by The Salvation Army.
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Exhibit E
ACKNOWLEDGMENT OF COVENANT
RUNNING WITH LAND
WHEREAS, on , by Resolution No. , the City Council of the
City of Omaha approved an Agreement between the City of Omaha and The Salvation Army, an
Illinois Non-Profit Corporation, wherein the City would provide grants from HOME Investment
Partnerships Program funds for the acquisition and rehabilitation of approximately four dwelling
units to be used as transitional housing by low income households currently residing in emergency
shelters for the homeless.
WHEREAS, the City is providing a grant to The Salvation Army in the amount of
for the acquisition and rehabilitation of one dwelling unit located at
Omaha, Nebraska, and legally described as:
Legal Description. (commonly known as )
WHEREAS, The Salvation Army hereby acknowledges as follows: The Salvation Army,
for itself, its successors and assigns, agrees that the restrictions and covenants in the Agreement
shall be covenants running with the land and that they, in any event and without regard to technical
classification and designation, legal or otherwise, shall be binding, to the fullest extent permitted
by law and equity, and enforceable by, the City, its successors and assigns, against The Salvation
Army, its successors and assigns, to any part of the property that is the subject of the Agreement,
or any interest therein and any party in the possession or occupancy of any part of said property.
The Salvation Army, for itself, its successors, and assigns, further covenants and agrees, that
without regard to whether the City or the United States is an owner of any interest in the land to
which the covenants relate, the covenants running with the land shall remain in effect for
years after the date of the completion of the rehabilitation project, the period specified
or referred to in the Agreement,or until such date thereafter to which it may be modified by proper
amendment of the Agreement, on which date such covenants may terminate. Further, the The
Salvation Army, its successors and assigns agrees that during the period of.affordability, the
property shall remain as transitional housing for low income households currently residing in
emergency shelters for the homeless.
THE SALVATION ARMY, an Illinois
Non-Profit Corporation
By:
Name:
Title:
Covenant Running with Land
<Address>
Page 2
STATE OF ILLINOIS )
) s.s.
COUNTY OF COOK )
On this day of , ,before me
, a Notary Public in and for said County,
personally came , The Salvation Army, an
Illinois Non-Profit Corporation,personally to me known to be the identical person whose name is
affixed to the above and foregoing instrument as Acknowledgment of Covenants Running with
Land, and have acknowledged the same instrument and the execution thereof on behalf of the
corporation.
In testimony whereof, I have hereunto set my hand and affixed by notarial seal at
on the day and date last above written.
NOTARY PUBLIC
My Commission expires
•
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EXHIBIT 2
CITY OF OMAHA
RENTAL RIZABILITATION PROGRAM
TENANT SURVEY FORM
A. GENERAL INFORMATION RACE
Name Telephone
Address • APT. #
DATE FIRST OCCUPIED UNIT:
Head of Household is: Male Female Elderly Handicapped
Number of Occupants: Total No. Adults , No. Children Under 18
. GROSS MONTHLY INCOME OF HOUSEHOLD:
Name Monthly Gross Income
$
TOTAL GROSS MONTHLY INCOME $
B. HOUSING CHARACTERISTICS:
Monthly Housing Cost:
Monthly Contract Rent $
Average Monthly Utility Cost .$
Monthly Housing Cost $
Unit Size: Efficiency 1 BR 2 BR 3 BR Other
C. TENANT ASSISTANCE RECOMMENDATIONS (If Applicable):
Remain in Present Dwelling. Move to Another Dwelling in Building
Rent Elsewhere Purchase , Subsidized Housing None
Location/Neighborhood Contributions:
Special Needs (Disabilities, Pets, Etc.)
Size of Dwelling Required:
Remarks:
I
Owner Date
r
EXHIBIT 1
RACE/GENDER FORM
Number of
Loan No. Date Vacant Units
Owner Project Address
Person Completing Persian's
This Report Phone No. Home:
Project Completion Date Work:
Female
Race/Ethnicity Head of
Family Monthly of Head of Household
Applicant Size Income Household Yes/No
•
•
•
•
(I\
f) The Owner shall submit to the City the original Tenant Survey Form and '
retain a copy for proper recordkeeping.
g) The Owner shall provide each in-place tenant in the project with a copy
of the City of Omaha's written Tenant Assistance Policy (TAP) and shall
advise said tenant(s) of the impact of the project on him or her. The
Owner shall provide the TAP to the tenant immediately after submission
of the owner's application for participation in the Rental
Rehabilitation Program.
2 Duties and Responsibilities of the City
a) The City shall assess the affirmative marketing procedures to determine
good faith efforts of the Owner to affirmatively market the vacant units
by monitoring the Owners' performance in carrying out the Duties and
Responsibilities of the Owner as outlined in Section 1.
b) The City shall assess the affirmative marketing efforts of the Owner to
determine whether a sufficient number of racial and ethnic families have
applied for vacant units. This determination will be made by reviewing
the information provided on the Racial/Gender Form and Tenant Survey
Form to determine the proportion of racial/gender participation versus
overall participation.
c) The City shall take the following corrective action if it is found that
the Owner is not carrying out established procedures of affirmatively
marketing units:
. Notify the Owner in writing of any violations of the Owners, Duties
and Responsibilities.
The Owner will be given thirty (30) days upon receipt of written
notification to provide evidence of compliance. Upon the Owner's
request, the City will provide technical assistance.
. If the Owner fails to comply with the Affirmative Marketing Policy
and Monitoring Procedures the City may declare the loan in default.
-4-
4. Assessment of Actions
The Owners' affirmative marketing efforts will be assessed by the City to:
• determine good faith efforts of Owners to affirmatively market
vacant units; and,
• determine whether a sufficient number of racial and ethnic families
have applied for vacant units.
The City will take corrective action if it is found that property owners are not
carrying out established procedures of the City's Affirmative Marketing Policy
and Monitoring Procedures.
Affirmative Marketing Policy Monitoring Procedures
1. Duties and Responsibilities of the Owner
a) The Owner shall post the H.U.D. Equal Housing Opportunity Logo in the
building project, and in the rental office.
b) The Owner shall submit to the City a copy of all letters notifying the
outreach agencies listed below of vacancies:
. Omaha Housing Authority
540 South 27th Street
Omaha, NE 68105
. Chicano Awareness, Inc.
4821 South 24th Street
Omaha, NE 68107
. Native American Community Development Corp.
2226 Leavenworth Street
Omaha, NE 68102
. Family Housing Advisory Services
2416 Lake Street
Omaha, NE 68111
. Urban League of Nebraska
3022 North 24th Street
Omaha, NE 68111
c) The Owner shall submit to the City a copy of all advertisements placed
in the local newspapers. All advertisements must include the Equal
Housing Opportunity Logo, Slogan, or Statement.
d) The Owner shall submit to the City a Racial/Gender Form, attached as
Exhibit 1, which includes the name, racial/ethnic characteristics,
income, family size, and gender for each person responding to the
advertisement.
e) The Owner shall meet with each in-place tenant and all tenants of
initially occupied vacant units and complete a Tenant Survey Form, a
copy of which is attached and :::ked
Exhibit 2. ;
r
Owners shall use media accessible to minorities when advertising
the availability of rental units
• Owners shall use the Equal Housing Opportunity logo, slogan or
statement in all advertising.
• Owners shall maintain a non-discriminatory hiring policy.
• Owners shall adopt a fair housing policy.
2. Informing low and moderate-income persons about available units
Property Owners having vacant rental rehabilitation units may call the Omaha
Housing Authority (OHA) (444-6900) and place units on OHA's "Available Unit"
list. This list is distributed to families who have received Certificates
of Family Participation and are looking for units to rent. The listing will
remain on the "Available" list for 35 calendar days then be removed. If
still vacant, the property may be relisted.
When rehabilitated units are available for initial occupancy, the owner
shall inform the following outreach agencies of this fact in writing and
submit a copy of the letters to the City of Omaha,. Planning Department,
Housing and Community Development Division, Rental Rehabilitation Program,
1819 Farnam Street, Room 1111, Omaha, Nebraska 68183:
• Chicano Awareness, Inc.
4821 South 24th Street
Omaha, NE 68107
• Native American Community Development Corp.
2226 Leavenworth Street
Omaha, Nebraska 68102
Family Housing Advisory Services
2416 Lake Street
Omaha, NE 68111
• Urban League of Nebraska
3022 North 24th Street
Omaha, NE 68111
3. Recordkeeping
The City of Omaha will keep records of the following:
local media advertisements of the Rental Rehabilitation Program
contact dates with outreach agencies and Omaha Housing Authority
• correspondence informing outreach agencies of vacancies
Race and gender data of initial occupants and persons inquiring
about availability of units
Tenant Survey forms
-2-
CITY OF OMAHA
AFFIRMATIVE MARKETING POLICY
AND MONITORING PROCEDURES
Affirmative Marketing Policy
In furtherance of the City of Omaha's commitment to non-discrimination and equal
opportunity in housing, the City of Omaha establishes procedures to
affirmatively market units constructed or rehabilitated under any City-assisted
program or project. These procedures are intended to further the objectives of
Title VIII of the Civil Rights Act of 1968 and Executive Order 11063.
It is the affirmative marketing goal of the City of Omaha to assure that
individuals who normally might not apply for vacant rehabilitated units because
of their race or ethnicity:
. know about the vacancies
. feel welcome to apply
. have the opportunity to rent the units
This policy will be carried out through the following procedures:
1. Informing the public, potential tenants, and owners about Federal fair
housing laws and affirmative marketing policies
• The City of Omaha will inform the public, potential tenants, and
owners about its affirmative marketing policy and Title VIII and
Executive Order 11063.
• The City will place public notices in the Omaha World Herald and
the North Omaha Star to inform owners of the program.
City representatives will meet with property owners and assist them
in preparing program applications as requested and necessary.
• Owners selected for a program shall notify in-place tenants in
writing of their involvement in the program and provide them with
the following options:
1. Remain in the present unit during rehabilitation.
2. Move temporarily to another unit within the project while
his/her unit is being rehabilitated.
3. Permanently relocate or voluntarily abandon the unit during the
rehabilitation.
Owners shall post the HUD Equal Housing Opportunity Logo in the
project building and display the Fair Housing Poster in their
rental office.
r.
c-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr November 23 19 99
•
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: .
WHEREAS under Title II of the National Affordable Housing Act of 1990,the City
of Omaha annually receives a HOME Investment Partnerships Program entitlement for the purpose
of providing affordable housing opportunities for low income household; and,
WHEREAS,the City of Omaha entered into an Agreement with The Salvation Army,
a corporation organized and existing pursuant to the Illinois Act Concerning Corporations, on
June 23, 1998,by City Council Resolution No. 1733,to provide$200,000.00 in 1998 HOME funds
to acquire and rehabilitate approximately four dwelling units to be used as transitional housing by
low income households currently residing in emergency shelters for the homeless; and,
WHEREAS,suitable housing to be used for transitional housing was not found during
the term of the Agreement, and the original Agreement expired under its own terms. A new
Agreement is needed to, among other things, allow for the completion of the project; and,
WHEREAS,it is in the best interests of the City of Omaha and the residents thereof
that the City enter into a new Agreement with The Salvation Army in order to: allow for the
expenditure of$200,000.00 FY 98 carryover funds; and establish the construction completion date
as December 1, 2000.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, as recommended by the Mayor,the attached Agreement between the City of
Omaha and The Salvation Army, a corporation organized and existing pursuant to the Illinois Act
Concerning Corporations, 3612 Cuming Street, Omaha, Nebraska 68131, authorizing the
expenditure of$200,000.00 FY 98 HOME carryover funds allocated in the Agreement approved by
the City Council June 12 1998,by Resolution No. 1733 and providing a December 1, 2000, project
completion date for the acquisition and rehabilitation of four transitional housing units to be
occupied by low income households currently residing in emergency shelters for the homeless, is
hereby approved. Funds in the amount of$200,000.00 shall be paid from the HOME Program Fund '
No. 186, Organization 5012.
P:\PLN3\7453.MAF APPROVED AS TO FORM:
I'°'1e4.,t• di,t) 9//3--h i
CITY ATTORNEY DATE
621404
/
By
Councilmember
Adopted , OV 2 3 1999 D
,ii , A City •
Approved ....' ��03)
Mayor
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