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RES 1999-1317 - Agmt with Fiftieth & Grover shopping center 0 ytee A ;;j Art Planning Department ���> VED Omaha/Douglas Civic Center 0 ® '<< (�'� � • H Y 3 144 10 ©kirkli lOmaha,Nebra819 Farnam seka 68183-0110 o r _ '• (402)444-5200 op ;ryCITY ;'� (402)444-5150 42-ED FEBRVr *, e Telefax(402)444-6140° City of Omaha May 18, 19 t-u i</d s,4 Robert C.Peters Hal Daub,Mayor Acting Director Honorable President • and Members of the City Council, The attached proposed Resolution approves an Agreement between City of Omaha and Fiftieth & Grover Shopping Center to provide partial financing to rehabilitate the property located at 3708 Dodge Street. Financing in the amount of$58,500.00 will be provided from the City with FY 97 carryover funds from the Community Development Block Grant Rental Rehabilitation Program. The rental rehabilitation project,when complete, will contain one (1) two-bedroom residential unit and six (6) three-bedroom units. Approximate funding for the project(excluding $532.00 closing costs) is as follows: • CDBG Rental Rehabilitation Program-DPL. $ 58,500.00 Bank Loan and/or Owner's Cash $130,300.00 Total Project Cost $188,800.00 This Project encourages the creation of additional residential units affordable to low and moderate income residents. The Contractor has on file a current 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, Referred to City Co cil for Consideration: 47tu. yr, 3D •ff Robert C. Peters Date Mayor's Office itl Date Acting Planning Director • pprov d as to Funding: Ap ed: < 4/J1 `Dat'e George L a s, Jr. Date Louis A. D 1�,ole / g Finance Director G Human R. ations Director P:\PLN3\4400.PJM i AGREEMENT THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal Corporation in Douglas County,Nebraska; and the Fiftieth &Grover Shopping Center, a Nebraska General Partnership, 10050 Regency Circle, Suite 101, Omaha,Nebraska 68114. RECITALS: WHEREAS, the City of Omaha (hereinafter referred to as "the City") 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, Fiftieth &Grover Shopping Center, a Nebraska General Partnership, Owner, has their principal place of business at 10050 Regency Circle, Suite 101, Omaha,Nebraska 68114; and, WHEREAS, the Community Development Block Grant (CDBG) Rental Rehabilitation Program Funds normally are to be matched on a one-to-one basis with private investment to rehabilitate rental housing units; and, WHEREAS, the Owner must secure private financing that matches and/or leverages the City's CDBG Rental Rehabilitation Program funds; and, WHEREAS,the City's CDBG Rental Rehabilitation Program funds normally may not exceed $7,500.00 per two-bedroom unit and$8,500.00 per three-bedroom unit, and are usually provided in the form of a Deferred Payment Loan; and, f „ WHEREAS, the Owner has submitted a preliminary application and has had the property inspected, a work write-up completed and has solicited bids which indicate the total rehabilitation cost of the seven unit complex(consisting of 1 two-bedroom unit and 6 three-bedroom units)located at 3708 Dodge Street, Omaha, Nebraska 68131 to be $188,800.00; and, WHEREAS, it is in the best interest of the City to enter into an agreement with Fiftieth& Grover Shopping Center,a Nebraska General Partnership,to provide partial financing to rehabilitate the property located at 3708 Dodge Street. IN CONSIDERATION OF THESE MUTUAL COVENANTS,Fiftieth&Grover Shopping Center, a Nebraska General Partnership, and the City of Omaha agree as follows: Section 1. Definitions-Abbreviations 1.1 "City" shall mean-the City of Omaha. 1.2 "Owner" shall mean - Fiftieth & Grover Shopping Center, a Nebraska General Partnership (Exhibit A). 1.3 "Director" shall mean-the Planning Director of the City of Omaha. 1.4 "Rental Rehabilitation Program-Deferred Payment Loan or RRP-DPL" shall mean- Community Development Block Grant deferred payment loan in an amount not to exceed$58,500.00 in FY 97 rental rehabilitation program carryover funds made subject to the terms and conditions and provisions of the loan agreement under which said loan is made,and shall provide inter-alia that same shall become due and payable upon sale or transfer of ownership of the property within ten years from loan closing date, which loan may be used only for the purposes described herein. 1.5 "Construction Contract" shall mean - the contract for all rehabilitation work to be performed upon the Subject Property, more specifically the property located at 3708 Dodge Street, 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 said structure. 1.6 "Rehabilitation Work" shall mean - all construction work provided for in the Construction Contract and as may be required hereunder. 1.7 "OHA" shall mean-the Omaha Housing Authority which is a governmental entity that • administers the Section 8 Program. - 2 - Y 1.8 "RRP" shall mean-the Rental Rehabilitation Program. 1.9 "Subject Property" or "Property" shall mean -the land located at 3708 Dodge Street, Omaha,Nebraska,legally described as Lot 2,Alamo Plaza Replat 1,being a replat of Lots 9, 10 and 11, Block 3, Alamo Plaza, an Addition to the City of Omaha, as surveyed, platted, and recorded in Douglas County, Nebraska, together with all improvements thereon. 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 completed at the time the payment request is made. Section 2. Duties and Conditions of City Financing 2.1 The City will provide$58,500.00 in CDBG Rental Rehabilitation Program Funds for the rehabilitation of the property located at 3708 Dodge Street in the form of a Rental Rehabilitation Program-DPL. 2.2 The City will secure its CDBG Rental Rehabilitation Program-DPL with not less than a second mortgage/deed of trust subordinate to an amount not to exceed$263,258.00 (comprised of$132,958.00 existing deed of trust balance and$130,300.00 matching money). The City shall ensure that the Owner repays the CDBG Rental Rehabilitation Program-DPL upon sale,grant,mortgage,assignment or other transfer of the property or portion thereof by the Owner during the ten-year period from the date of loan closing; otherwise, release the CDBG Rental Rehabilitation Program-DPL mortgage/deed of trust should the Owner meet said conditions for a term of ten years. 2.3 Progress and final payments shall be made on a percentage basis from each rehabilitation funding account as follows: $ 58,500.00 RRP-DPL 31% 130,300.00 Bank Loan/Owner's Cash 69% $188,800.00 Total Project Cost 100% 2.4 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: 2.4.1 evidence that Owner funding is available as required by Paragraph 3.1 herein; 2.4.2 a duly executed Construction Contract; and, 2.4.3 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 Owner/General Contractor and all subcontractors in an - 3 - aggregate amount of the contract bid. 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. 2.4.3.1 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. 2.5 In no event shall the City assume any obligation 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 Owner has timely and fully complied with its duties and obligations arising hereunder. 2.6 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", 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: 2.6.1 unacceptable or substandard; or, 2.6.2 not in accordance with this Agreement or the Construction Contract as approved; or, 2.6.3 not in conformance with the applicable state, federal and local laws, including,but not limited to,the building, plumbing and/or electrical codes; or, 2.6.4 not in conformance with the work write-up and/or proposals as approved. 2.7 In the event that all of the conditions of funding are not met on or before June 30, 1999, 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. 2.8 With respect to Property units that are currently occupied, if any, the Owner shall provide the City with a Tenant Survey Form for each rental unit. Upon the Owner's request, the City will provide a copy of each Tenant Survey Form to OHA for each unit; and at the Owner's request, the City will notify OHA of the completion of the Rehabilitation Work. - -tor4 4 - Section 3. Duties and Responsibilities of the Owner 3.1 The Owner shall secure$130,300.00 in the form of a bank loan and/or owner's cash for the Rehabilitation Work. The Owner shall certify the availability of these funds to the Director in a manner designated by him. 3.2 The Owner does 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 rehabilitating 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. 3.3 The Owner shall execute a promissory note and mortgage/deed of trust for the benefit of the City of Omaha securing the City's CDBG Rental Rehabilitation Program-DPL. 3.4 The Owner 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 Owner shall submit a duly authorized Construction Contract 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 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 Owner shall procure and maintain insurance and secure Performance and Labor Materials Bonds and/or Irrevocable Letters of Credit from all subcontractors, 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 Rehabilitation Work. The Bonds and/or Letters of Credit shall be submitted for review and approval by the Director. The Director reserves the right to reject the Letters of Credit and the choice of surety for the Bonds. 3.5.1 The Owner shall submit 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 Owner 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 Owner. - 5 - • • • 3.7 The Owner agrees to rehabilitate the Property located at 3708 Dodge Street into 7 units, comprised of one one-bedroom and six three-bedroom units, in accordance with this Agreement and any and all approved proposals, plans, drawings or specifications. 3.8 The Owner shall maintain the Property being rehabilitated at all times in a safe and sanitary condition. 3.9 The Owner shall ensure that all work performed and the Rehabilitation 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) and Property Rehabilitation Standards (PRS) as established by the Planning Department, Housing and Community Development Division. 3.10 The Owner shall ensure that no contractor or subcontractor is used on this project who may have been disbarred or disqualified by the U.S.Department of Housing and Urban Development. 3.11 The Owner 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 Rental Rehabilitation Program-DPL. 3.12 The Owner shall make best efforts to begin Rehabilitation Work no later than sixty(60) days from the date of loan closing and to complete construction by December 31, 1999. The Director may extend the construction completion date up to twenty-four months from the date of execution of this Agreement. 3.13 The Owner shall comply with the City of Omaha's Community Development Block Grant Rental Rehabilitation Program Guidelines, attached hereto as Exhibit "B" and incorporated herein by this reference as though fully set forth, while the Owner maintains title for a period of ten (10) years. 3.14 The Owner shall comply with the City of Omaha's Affirmative Marketing Policy of the Community Development Block Grant Rental Rehabilitation Program Guidelines, attached hereto as Exhibit"B" and incorporated herein by this reference as though fully set forth, while the Owner maintains title for a period of ten (10) years. 3.15 The Owner shall comply with the City of Omaha Tenant Assistance Policy of the Community Development Block Grant Rental Rehabilitation Program Guidelines, attached hereto as Exhibit"B" and incorporated herein by this reference as though fully set forth. The Owner further agrees to pay any costs the City deems necessary for the displacement of tenants,either permanent or temporary,pursuant to the City of Omaha Tenant Assistance Policy. - 6 .411 - 3.16 Owner 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 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 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. 3.17 The Owner agrees 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 of lead in the dried film of paint already applied. The Owner further agrees to abide by all Federal requirements regarding the lead-based paint poison prevention. 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, verifying that the Contractor has complied with and met the Secretary of Interior's Standards for Rehabilitation". 3.21 The Owner shall retain the following records for each family or individual occupying a rental unit for three(3) years after the date of initial occupancy by the tenant: 3.21.1 The name, address, and unit occupied. 3.21.2 A copy of the lease/rental agreement entered into with the Owner, 3.21.3 The date(s)of occupancy, and, 3.21.4 The median family income as determined annually pursuant to Section 3.13 of this Agreement. 3.22 Occupancy Reports - During the term of the Agreement, as defined in Section 4, the Owner shall provide to the Director the following information: a) name(s) of tenant(s) - 7 - b) address of property c) household income as a percent of Median Family Income as determined by HUD d) household size 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 Section 4. Term • This Agreement shall be in full force and effective twenty-four. months from the date of execution. 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 Rehabilitation Work. 5.3 Owes no duty to the Owner or any other person that shall 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 loan proceeds. 5.5 Is held harmless for all injury and damages arising by virtue of this Agreement. Section 6. Provisions of the Agreement 6.1 Equal Employment Opportunity Affirmative Action Plan Attached hereto as Exhibits "C" and "D" and made a part hereof by reference are the equal employment provisions of this Agreement. 6.2 A Copy of Attachment 0, Office of Management and Budget, Procurement Standards is attached hereto as Exhibit "E". The provisions of this Attachment are incorporated into this Agreement by this reference. Exhibit "E" is made a part of this Agreement as though recited herein. 6.3 Non-Discrimination. The Owner 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 or handicap. - 8 46,„ - 6.4 Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. 6.5 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. 6.6 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 the City Council. 6.7 Merger. This Agreement shall not be merged into any other oral or written Agreement, lease or deed of any type. 6.8 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. 6.9 Assignment. The Owner may not assign its 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 Owner is and remains a general partner. 6.10 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 officer of the parties. 6.11 Termination. This Agreement may be terminated by either party upon thirty(30) days written notice to the other party. Said notice shall be given when received by certified mail at the other parry's usual place of business. 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. This Agreement may also be suspended or -9 - " terminated in accordance with 24 CFR 85.43, Enforcement or 24 CFR 85.44, Termination for Convenience(Exhibit "F"). 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 reason of such default and termination. 6.14 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 or enforceability of such provision in any other jurisdiction. 6.15 Nebraska Law. This Agreement shall be a contract made under and governed by the laws of the State of Nebraska. 6.16 This Agreement shall be binding upon the parties hereto and shall run with the Property. 6.17 Disclosure of Lobbying. The Owner certifies,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 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. - 10 - (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,loans 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 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 Planning Department Director Omaha/Douglas Civic Center 1819 Farnam Street Omaha, Nebraska 68183 (2) Fiftieth & Grover Shopping Center, a Nebraska General Partnership, Meyer H. Feldman, General Partner 10050 Regency Circle, Suite 101 Omaha,Nebraska 68114 : h1 - L • IN WITNESS WHEREOF,the parties have executed this Agreement as of the date indicated below: ATTEST: CITY OF OM• . • : ce-ga4 DEL U T XCITY CLERK OF THE CIT F OMAHA MAYOR •F THE CITY OF OMAHA DATE • WITNESS: FIFTIETH&GROVER SHOPPING CENTER, A NEBRA•KA GENERAL PARTNERSHIP BY. ey . Feldman,General.Partner DATE DATE APPROVED AS TO FORM: 2/7_,Q/ Y a9-9� ASSISTANT CITY ATTORNEY DATE - 12 - • SCHEDULE OF EXHIBITS &ATTACHMENTS Agreement Exhibit Location Description A 1.2 Partnership Agreement, Affidavit, List of Partners B 3.13, 3.14, 3.15 CDBG Rental Rehabilitation Program Guidelines,Affirmative Marketing Policy, and Tenant Assistance Policy C &D 6.1 Equal Employment Opportunity/Section 3 Clause/Affirmative Action Plan E 6.2 Attachment 0 F 6.11 Termination- CFR 85.43-85.44 P:\PLN3\3824.PJM - 13 - AFFIDAVIT STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) COMES NOW Albert L. Feldman, and deposes and states as follows: 1. That he is a resident of Omaha, Douglas County, Nebraska and a Partner in Fiftieth & Grover Shopping Center, a Nebraska General Partnership. 2. That Meyer H. Feldman is a 50% Partner in said Partnership and has authority to bind the Partnership in all matters which would include the buying and selling of real estate and the mortgaging and pledging of real estate. 3. That I am a 20% Partner in said Partnership. FURTHER AFFIANT SAYETH NOT. ,(41d,17:atiA— Albert L. Feldman, Partner SUBSCRIBED AND SWORN to before me this 5 day of September, 1996. az • 14818M.IDtA1Y,S�d Mrsb �-� � c�mrn u 14 NY COMM. Public Exp.�.34�997 N�o ry P CITY OF OMAHA COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM RENTAL REHABILITATION PROGRAM GUIDELINES 1 . INTRODUCTION The Rental Rehabilitation program is designed to provide rehabilitation financing assistance to investor owners of single-family (one to four units) and multi-family (five units or more) rental properties. Investor owners are eligible for assistance if their property is located within the area designated on the attached map. The program is designed to combine federal funds with funds provided by the owner. 2. PROGRAM OBJECTIVES a) Encourage'rehabilitation of rental units, affordable to low and moderate income persons within the designated area. b) Make rehabilitation of rental properties economically feasible. c) Use Rental Rehabilitation program funds to leverage private investment in the designated areas. d) Expand the City's rehabilitation program beyond its traditional emphasis on single- family, owner-occupied dwelling units. 3 . PROGRAM PARTICIPATION REQUIREMENTS You can participate in the Rental Rehabilitation program if: a) You are willing to match the Rental Rehabilitation funds with private funds on a one- to-one basis up to the maximum per unit amount of assistance as further outlined ' below. (If additional funds are required for the project, they must come from private sources.) b) You have marketable title to the property to be rehabilitated. c) All property taxes and assessments are current. d) Your property has at least one rental dwelling on it and 51% (or 50% for a duplex) of the rentable floor space of the project after rehabilitation will be used for residential rental purposes. e) A majority of the units will be two bedrooms or larger. f) Before rehabilitation, not more than 49% of the property's dwelling units are occupied by families whose incomes exceed 80% of the "Median Income by Family Size." g) After rehabilitation, 100% of vacant units will be initially occupied by families whose incomes do not exceed 80% of the "Median Income by Family Size" as published by the U. S. Department of Housing and Urban Development. • • h) The minimum rental rehabilitation assistance required is $1,000 per unit,and the maximum per unit assistance does not exceed the below limits: Unit Size Maximum Assistance Efficiency Unit $5,000 1 Bedroom Unit $6,500 2 Bedroom Unit $7,500 3 Bedroom Unit $8,500 • 4 Bedroom Unit $9,500 5 Bedroom Unit $10,500 Handicap Unit $2,000 * * Additional subsidy per handicapped unit. i) Your property is located within the boundaries designated on the attached map. j) Your property has one or more substandard conditions under local housing codes or federal Section 8 Housing Quality Standards (HQS). 4 . ELIGIBLE REHABILITATION ACTIVITIES Eligible property rehabilitation activities are limited to those necessary to correct substandard conditions, to make essential improvements and to repair major systems in danger of failure. (Major systems include such items as roofs, ceilings, walls or floors, foundations, elevators, plumbing, heating and air conditioning, and electrical systems.) Rehabilitation may include repair,replacement or, in some cases, removal. After rehabilitation, properties must meet Section 8 Housing Quality Standards for Existing Housing (HQS) and City of Omaha Property Rehabilitation Standards (PRS). 5 . OTHER PROGRAM REQUIREMENTS a) Eligible Soft Costs Which Can Be Paid From the Federal Assistance 1) Architectural, engineering and legal services required in the preparation of rehab plans and work write-ups. 2) Costs of processing financing, such as private lender origination fees, title insurance, recording fees and credit reports. 3) Fees charged by a private lender for administrative costs. 4) Costs for "As Is" and "estimated after-rehab value" appraisals. b) Performance and Labor Materials Bond • The owner/general contractor must provide a Performance and Labor Materials Bond. The bond shall be in the amount of the contract bid and shall list the City of Omaha as a co-obligee, and be provided to the Planning Director prior to loan closing and/or the start of construction. An Irrevocable Letter of Credit, in force for one year following the completion of the Rehabilitation Work, in an 2 5/95 • aggregate amount of the contract bid, may be used in lieu of a Bond. The City reserves the right to reject the Letter of Credit and choice of surety for Bonds. c) Property During and After Rehabilitation The owner shall maintain the property being rehabilitated at all times in a safe and sanitary condition and conform to City housing codes and zoning ordinances. d) Taxes and Insurance • All taxes, regular and special assessments levied against the property and property insurance must be paid up-to-date at the scheduled time for loan closing and must remain current throughout the term of,the deferred payment loan. e) City Council Action Any project financed with $20,000 or more of Rental Rehabilitation funds requires City Council approval. This approval takes a minimum of four weeks. Projects using less than $20,000 in Rental Rehabilitation funds do not require City Council approval. f) Davis-Bacon Wage Rates Federal regulations require that laborers and mechanics employed in the rehabilitation of a project of eight or more dwelling units financed with Rental Rehabilitation Program funds be paid in compliance with Davis-Bacon wage rates. The Planning Department will provide a wage rate determination. These wage rates, if applicable, are paid to all contractor and subcontractor employees working on the project. Owners of the contracting companies are exempt from the wage rate requirement; however, their number of hours worked must be reported. g) Lead-Based Paint Section 401 (G) of the Lead-Based Paint Poisoning Prevention Act prohibits the use of lead-based paint in residential structures constructed or rehabilitated with any form of Federal assistance. Also, all existing lead-based painted surfaces must be property treated to reduce the incidence of poisoning. h) Use of Debarred, Suspended or Ineligible Contractors or Subrecipients Federally debarred, suspended or ineligible contractors or other employees may not be used on federally funded projects. i) Employment and Contracting Opportunities Compliance with applicable portions of Section 13 of the Omaha Municipal Code and Federal Executive Order 11246 and federal regulations is required for all City and federally funded projects. These regulations provide that no person shall be discriminated against on the basis of race, color, religion, sex,political or religious opinions, affiliations, national origin, familial status, age, disability 3 5/95 or handicap in all phases of employment during the performance of the construction contract. The Equal Housing Opportunity Logo must be displayed on the rehabilitation site and in the rental office while work is in progress. j) Commencement of Work The Owner shall not commence any work until such time as a written notice to proceed has been issued by the City. Any work performed prior to the issuance of such notice shall be the sole responsibility of the Owner and its cost cannot be counted as matching funds. k) Handicap Accessibility The design, construction and alteration of buildings shall insure, whenever possible, that physically handicapped persons will have ready access to, and • use of, such buildings in accordance with the Uniform Federal Accessibility Standards (UFAS), 49 Federal Register 31620-31621, and any local building codes. Additional rules apply for buildings with 15 or more units. Questions should be addressed to Marian Todd, Planning Department Designated Representative, at 444-5216 or 444-5150 (TDD). 1) Security Instruments At loan closing, the owner shall execute a promissory note and mortgage/deed of trust for the benefit of the City securing the deferred payment loan. The mortgage/deed of trust bears zero percent interest for a term of ten years. Monthly payments are not required and, if the owner abides by all of the conditions of the note, mortgage/deed of trust and Rental Rehabilitation Agreement, the loan is forgiven at the end of its term. If the property is sold prior to the expiration of the term of the loan, 100% of the loan monies are due and payable to the City. m) 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 the City Council. 6 . THE AFFIRMATIVE MARKETING PLAN The City of Omaha's Affirmative Marketing Policy for the Rental Rehabilitation Program is attached to this Owner's Guide. Owners must review the Affirmative Marketing Policy and follow applicable procedures. • 4 5/95 • i r 7 . FINANCING FOR RENTAL REHABILITATION UNITS a) Deferred Payment Loan The assistance will be in the form of an Investors' Deferred Payment Loan. This loan is payable in full only upon sale, grant, mortgage, assignment or other transfer of the property rights by the owner. If the owner retains title to the property for a period of ten years, the loan and the mortgage securing the lien will be released from the property. b) Private Financing The property owner will be responsible for securing private funds sufficient to match the City's Rental Rehabilitation Program funds and shall certify the avail- . ability of these funds to the City. c) Disbursement of Funds Deferred Payment Loan and private financing funds will be disbursed proportionately as progress (interim).and final payments based on satisfactory inspection of the property. 8 . THE REHABILITATION PROCESS This section will take you through the steps necessary to rehabilitate your rental property. a) The Application A telephone call to the Planning Department (444-5150) initiates the application process. A preliminary information packet is mailed to the owner at this time. 'Upon receipt and review of the completed application, a rehabilitation inspector will contact the owner to schedule an inspection of the rental property. b) The Inspection • The Rehabilitation Inspector inspects the proposed project, unit by unit, and notes major code items that need repair. The owner should accompany the inspector. The owner is obligated.to point out specific known housing code violations to the inspector. When the inspection is complete, the Rehabilitation Inspector discusses inspection findings with the owner and sends the owner a copy of the Property Evaluation Report and an Improvement Certificate. The Improvement Certificate will be used once you decide on your contractor. In order to receive financing under this program, all items included in the Property Evaluation Report must be repaired. The inspection does not obligate or require the owner to make repairs in the event the project is cancelled prior to loan closing. c) The Contractor Using the list of necessary repairs included in the Property Evaluation Report and other desired improvements, the owner obtains written proposals from two 5 5/ • 1 , or more bonded and insured contractors. The written proposals should include a detailed list of the work and a bid price for the job. If Davis-Bacon Wage Rates apply, be sure to provide copies of the wage determination documents to the contractors bidding on the project. The wage documents may be obtained from the City and are to be incorporated into all contracts and subcontracts that you enter into for work on the Project. NOTE: The contractors must meet the requirements for City Rehabilitation Contractors. These are available from the Housing and Community Development Division of the City Planning Department. When a contractor is selected, the owner works with him/her to complete the program's Improvement Certificate. The certificate includes a general list of the work to be done and cost estimates. The certificate also includes a project budget and cash flow proposal form, as well as a Tenant Survey Form. Be sure that both the Contractor's written proposal and the Improvement Certificate include required work listed in the City's Property Evaluation Report. 9 . THE TENANT ASSISTANCE STRATEGY a) Tenant Survey The owner must complete and sign a Tenant Survey Form for each family residing in the property and attach these survey forms to the application submitted to the City. This information is required by the City to determine the level of tenant assistance needed. The family monthly gross income can be determined by asking the head of the household the family's gross annual income. Income from all family members nineteen years of age or older must be included in the gross annual income amount. b) Tenant,Notification After the preliminary Rental Rehabilitation Program 'application has been approved by the City, but prior to loan closing, property owners must notify existing tenants, in writing, of involvement in the Rental Rehabilitation Program. Notification must include a copy of the City of Omaha Rental Rehabilitation Program Tenant Assistance Policy. c) Tenant Assistance Options During the period that the City and owner are analyzing the project, the owner shall devise a tenant assistance strategy based on information obtained on the tenant survey form(s). The tenant assistance strategy shall consider the options available to tenant-occupants during the construction phase of the rehabilitation project. According to the City's Tenant Assistance Policy, tenants may: . 1) 'Remain in the present unit during rehabilitation; 2) Move temporarily to another unit within the project while his/her unit is being rehabilitated; 6 5/95 • 3) Permanently relocate or voluntarily abandon the unit during rehabilitation. NOTE: Any relocation benefits must be paid by the owner. The City and the owner will examine each tenant's preferred option and will decide the necessary level of assistance. 10. THE LOAN APPLICATION To apply for a loan to match the Rental Rehabilitation funds, the owner should schedule an appointment to make loan application at the financial institution of his/her choice. The owner should have these documents at the time of loan application: a) Property Evaluation Report b) The Contractor's bid c) Completed Improvement Certificate d) Copies of the last two year's tax returns • e) Verification of property ownership(copy of deed, abstract or title commitment) The lender will review the application and determine whether the owner qualifies for a loan. Once approved, the owner forwards the Loan Commitment, Improvement Certificate, contractor's bid, and application to the Planning Department. The • Planning Department reviews the application to be sure that: a) Program eligibility requirements are met; b) All items on the Property Evaluation Report are included in the Improvement Certificate; c). The contract price is reasonable; d) The Tenant Assistance Strategy is equitable and appropriate; and e) The contractor meets program requirements. • If the application meets all program criteria, the City enters into an agreement with the owner for the rehabilitation of the project. Following approval of the agreement by the City Council or the Mayor, a loan closing is scheduled. At this time, the owner is to provide the City 1) an insurance binder; 2) proof of bond; 3) proof of contractors liability insurance and 4)the Architectural and Engineering agreement. 11. CONSTRUCTION Before work begins, the owner and the contractor must: 1) arrange a preconstruction meeting with the Labor Standards Officer, if Davis-Bacon Wage Rates apply; 2) decide which units should be done first; 3) establish a relocation schedule, if applicable; 4) discuss materials; and 5)talk about special problems. Remember, you, 7 5/95 the property owner, are responsible for obtaining necessary City permit, supervising the contractor's work, resolving any disputes and paying the contractor. When payment is requested for a portion of the Federal funds, or when air work is completed, the owner must contact the Rehabilitation Inspector to schedule an inspection. When the Rehabilitation Inspector verifies the work is satisfactory, the Planning Department will process vouchers for.progress (interim) payments and final payment. 12. NONDISCRIMINATION BASED ON HANDICAP . . The City of Omaha does not discriminate in admission or access to, or treatment or employment in, its federally assisted programs and activities. To this end, no otherwise qualified individual with handicap shall, solely by reason of his or her handicap,be excluded from participation in, be denied the benefits of, or be subjected to discrimination under this or any other City-sponsored program or activity. Persons desiring information on the City's Rental Rehabilitation Program nondiscrimination policies should contact Ms. Elsia Hobbs, Section 504 Coordinator, Planning Department, Suite 1111, 1819 Farnam Street, Omaha, NE, 68183, (402)' 444-5169; (V/TDD 444-5150). Persons desiring to file a complaint with the City of Omaha concerning an allegation of discrimination shall contact the Human Relations Department at (402) 444-5055 (V/TDD 444-5055). 8 5/95 _ . . . e ., .‘, ,, f j .„ . , § , _ ..„. 6E,CPb -. _ stoie K ing ,Young Street .4. crOICI ''''4 :;,,.., el, . • cifft.T.,T4...%. •..•. • k • l'. ... .... .,:od Street • A .,-.• ''',:-,,•A .OC: . e -1.r'.., :!.pi I-- • i i ,..- t,.•,...:. ''..( i . ..., ,,. An MILLER . . . — — • -,....N . ... .. 0 . . , ..113=11=124:1111=1.11 •I'l ..-. 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The Fair Market Rents for unit size larger than 4 bedrooms are calculated by adding 15% to the 4 bedroom FMR for each additional bedroom. (Example - the FMR for a 5 bedroom unit is 1.15 times the 4 bedroom FMR or $850 X 1.15 = $978.00 , a 6 bedroom is 1.30 times the 4 bedroom FMR, etc.) Revised November 13, 1998 NAY --il p ) 531,00024-matAid% , . CERTIFICATE OF PARTNERSHIP F. CA CAVA 1AS !lAL��: RK/COMPTf'.0l L:. 72LAS COUNTY ' Notice is hereby given that FIFTIETH & GROVER SHOPPING CENTER, is a Nebraska general partnership engaged in real estate purchase, Improvement, leasing, mortgaging, buying and dealing directly in real and personal property in Nebraska and elsewhere. The name and residence of each individual member of such Partnership .. include the following: + ,� A. Albert L. Feldman E. Lori B. Feldman-Caine %, ` ' '• 770 North 93rd, Apt. 5A1 46 Lochinvar Road i 0 . Omaha, NE 68114 San Rafael, CA 94901 B. Meyer H. Feldman F. Jodi L. Feldman 12614 Harney olvinc23 Victorian Omaha, NE 68154 PONNAMPOPMUNKColumbus, OH43215 C. Bernard Feldman G. Joseph C. Feldman #2 Rain Hollow do Meyer H.Feldman Houston, TX 77024 12614 Harney Omaha, NE 68154 D. Shirley Feldman-Summers H. Barbara E. Feldman eptimliclagippotga1633 S. Bent 7757 57th Avenue N.E. WOIXIMOCGOIMIAve. , �207 Seattle, WA 98115 Los Angeles, CA J. Lowell Feldman 90025 I. Arthur Feldman 12618 Vindon 803 A. E. 32nd Houston, TX 77024 Austin, TX 78705 Omehe t4e- K. James Feldman 2 Rain Hollow PI. Houston, TX 77024 / Dated this / day ofv7meer, 1 i A j. } 0 F4L Albert L. Feldman H. Feldman B rd H. Feldman .Shirley Feldman-Summers a ' L ' . Feldman-Caine i L. Fel an • C. .i4,' .4...i,6_.,%_ . ,-(4A-.,._:_____, Jo e C. F n Barbara E. Feldman . /1//a./ , Art r el an Lowell Feldman •1 1 , cl/ Qtim•• - ....._ ...._ i (7 Li • si .., ..."----' James Feiamari * 0 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. . 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- ] • 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. , 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_ • EXHIBIT 1 RACE/GENDER FORM Number of Loan No. Date Vacant Units Owner Project Address Person Completing Person'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 • A • EXHIBIT 2 CITY OF OMAHA RENTAL REHABILITATION 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 p Needs Dis( abilities, Pets, Etc.) • Size of Dwelling Required: Remarks: . Owner Date r ' • • • CITY OF OMAHA RENTAL REHABILITATION PROGRAM TENANT ASSISTANCE POLICY Introduction This Tenant Assistance Policy describes the assistance that will be provided to residential tenants who reside in projects to be rehabilitated under the City of Omaha's Rental Rehabilitation Program (RRP). A primary objective of the Rental Rehabilitation Program is to minimize displacement. This is accomplished by providing tenants a reasonable opportunity to lease and occupy a suitable, decent, safe, sanitary and affordable dwelling unit in the rehabilitated property following completion of the project, to the maximum extent feasible. In some instances, such as overcrowded living conditions, displacement of tenants is necessary. However, this Tenant Assistance Policy provides that no tenant will be considered displaced if the tenant has been offered a suitable unit in the completed project at an affordable rent. Section 1 - General All persons occupying a proposed Rental Rehabilitation property will be issued a written notice of the project and a copy of this Tenant Assistance Policy. Tenants are cautioned not to move prematurely because they may not be displaced by the project or they may disqualify themselves for relocation assistance. If the project is not approved or not funded, tenants will be notified of this determination as soon as practical. After a RRP application is received by the City,but prior to execution of an agreement between the property owner and the City, each tenant will be contacted and requested to provide pertinent household information. This information is required prior to the approval of RRP assistance, and will be used by the property owner and the City of Omaha to determine the level of tenant assistance needed. During this time,the following tenant options will be considered: 1. The tenant will be offered a suitable unit in the property at an affordable rent. 2. The tenant will be considered for temporary relocation while his/her unit is being rehabilitated. 3. The determination will be made that a tenant must be permanently relocated from the property. 4. The tenant may consider voluntarily abandoning the property. As soon as the above determinations are made, an agreement may be entered into between the property owner and the City. Promptly after the execution of the agreement with the owner, each tenant will be issued a notice either: 1 . explaining the reasonable terms and conditions under which they may lease and occupy the property following completion of the rehabilitation, including the rent amount to be charged; or, 2. indicating eligibility for relocation assistance and describing the assistance available. r The resources that are available to assist tenants will be provided by the property owner. Section 2 - Tenant Assistance Tenants.Who.Will Not Be Displaced In most instances, tenants will remain in their units while the property is being renovated. Upon completion of the rehabilitation,tenants may lease and occupy their units at an affordable rent. For lower income tenants,that is tenants whose household income is 80% or less than the Median Family Income, the new rent, including estimated average utility costs, will not exceed the greater of: (1) the tenant's rent and estimated average utility costs before the execution of the RRP agreement between the property owner and the City; or (2) the Total Tenant Payment, as determined under Section 8 assistance regulations. For tenants who are not lower income, the new rent,including estimated average utility costs, will not exceed the greater of: (1) the tenant's rent and estimated average utility costs before the execution of the RRP agreement between the property owner and the City; or(2) 30 percent of the tenant's gross household income. Tenants Who Will Be Temporarily Relocated Tenants who will be temporarily relocated will be offered a suitable unit in the property at an affordable rent upon completion of the rehabilitation. In addition, such tenants will be offered payment for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporarily occupied housing and any increased rent and utility costs. All other conditions of the temporary relocation will be reasonable. Tenants Who Will Be Permanently Relocated In certain situations, permanent displacement is necessitated by the extent of the proposed rehabilitation, an overcrowded housing situation or a new rental payment requirement that exceeds the definition of affordable rent. The assistance which will be provided to permanently displaced persons is described in the attached Relocation Informational Booklet. Tenants Who Do Not Quality as Displaced Persons The following persons do not qualify as displaced persons: 1. A tenant who voluntarily moves. 2. A tenant who is offered a suitable, affordable unit in the project who elects to move. 3. A tenant who has been evicted for cause. 4. A tenant who moves into the property after the owner's submission of the request for assistance,but before commencing occupancy received written notice of the owner's intent to terminate the person's occupancy for the project. 5. The person is an owner-occupant who moves from the property. 6. The person is deemed ineligible by the City. 7. The City determines that the displacement was not a direct result of acquisition,rehabilitation or demolition of the project. Section 3 - Fair Housing and Non-Discrimination This Tenant Assistance Policy provides that persons displaced from a dwelling will be provided a choice between relocating within their neighborhoods and other neighborhoods consistent with fair housing policies. No tenant will be discriminated against in providing information, counseling, referrals or other relocation services to persons displaced by RRP activities. No administrative action will be tolerated which may result in the displacement or unequal treatment of persons because of their race, color, religion, sex, age, handicap, national origin, familial status or political affiliation. The City of Omaha does not discriminate in admission or access to,or treatment or employment in, its federally assisted programs and activities. To this end, no otherwise qualified individual with handicap shall, solely by reasons of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under this or any other City-sponsored program or activity. The person responsible for coordinating the Planning Department's efforts to comply with its non-discrimination policies is Marian Todd, Section 504 Coordinator, Planning Department, Suite 1111, 1819 Farnam Street, Omaha, NE, 68183, (402)444-5217; (V/TDD 444- 5150). Persons desiring to file a complaint with the City of Omaha concerning an allegation of discrimination shall contact the Human Relations Department at (402) 444-5055 (V/TDD 444-5055). Section 4 - Effective Date The effective date of this Tenant Assistance Policy is September 6, 1996. 1 r a 0 17 10 0=.: 0 >. cm m to To ►- O a _ a)- O C U` O o_a c >°.a > 3 to UV C-N CI—L 0 }_ C U m`m > j V a N O - 3 m p a U p 0 O a , 0 -0 0 =3 a) co Ca. � " . c}= C. c`a m E c 3 co -a o .co 6 -v Z'c �s a a _ 0.en U • o 0 C es- U > C 0 `a o, - _ y a - O > U- V p 0 0 a p O U L 0 m C U ra L 3� 3 0 � m� � '� o `or..c m o)Z s m �' a- L E o 0 C • _� C C L 0 O co '0 0 C CS E C a elo m vi C a � C-.as >` ._ G. a am mmc ao oom c) ©cca � y °ao Ecc'n am • _ E - co 2 L o co • .. = L o g m E a a . E ms j CD VI 0 0 a)- a-0 O .. 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The 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. The 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 CFR 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 tilled(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 debannent or suspension from future HUD- assisted contracts. Effective August I, 1994 , , G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of - compliance with Section 7(b). Providing Other Economic Opportunities. (a) General. In accordance with the findings of the Congress, as stated in Section 3, that other economic opportunities offer an effective means of empowering low-income persons, a recipient is encouraged to undertake efforts to provide to low-income persons economic opportunities other than training, employment, and contract awards, in connection with Section 3 covered assistance. (b) Other training and employment-related opportunities. Other economic opportunities to train and employ Section 3 residents include, but need not be limited to, use of "upward mobility", "bridge" and trainee positions to fill vacancies; hiring Section 3 residents in management and maintenance positions within other housing developments; and hiring Section 3 residents in part-time positions. (c) Other business-related economic opportunities. (1) A recipient or contractor may provide economic opportunities to establish, stabilize or expand Section 3 business concerns, including micro-enterprises. Such opportunities include„ but are not limited to the formation of Section 3 joint ventures, financial support for affiliating with franchise development, use of labor only contracts for building trades, ptyrchase of supplies and materials from housing authority resident-owned businesses, purchase of materials and supplies from PHA resident- owned businesses and use of procedures under 24 CFR part 963 regarding HA contracts to HA resident-owned businesses. A recipient or contractor may employ these methods directly or may provide incentives to non-Section 3 businesses to utilize such methods to provide other economic opportunities to low-income persons. (2) A Section 3 joint venture means an association of business concerns, one of which qualifies as a Section 3 business concern, formed by written joint venture agreement to engage in and carry out a specific business venture for which purpose the business concerns combine their efforts, resources, and skills for joint profit, but not necessarily on a continuing or permanent basis for conducting business generally, and for which the Section 3 business concern: (i) Is responsible for a clearly defined portion of the work to be performed and holds management responsibilities in the joint venture;and (ii) Performs at least 25 percent of the work and is contractually entitled to compensation proportionate to its work. Effective August 1, 1994 • ATTACHMENT 0 Circular No. A-102 PROCUREMENT STANDARDS 1. Applicability a. This Attachment establishes standards and guidelines for the procurement of supplies, equipment, construction and services for Federal assistance programs. These standards are furnished to ensure that such materials and services are obtained efficiently and economically and in compliance with the provisions of applicable Federal law and executive orders. b. No additional procurement requirements or subordinate regulations shall be imposed upon grantees by executive agencies unless specifically required by Federal law or executive orders or authorized by the Administrator for Federal Procurement Policy. This prohibition is not applicable to payment conditions issued in accordance with Treasury Circular 1075, individual grantee requirements pursuant to Section 10 of the basic circular or the provisions of this or other OMB circulars. c. Provisions of 'current subordinate requirments not conforming to this Attachment shall be rescinded by grantor agencies unless approved by the Office of Federal Procurement Policy (OFPP) . 2 . Grantee/Grantor Responsibility a. These standards do not relieve the grantee of any contractual responsibilities under its contracts. The grantee is responsible, in accordance with good administrative practice and • sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements entered in support of a grant. These include but are not limited to source evaluation, protests, disputes, and claims. Executive agencies shall not substitute their judgment for that of the grantee • unless the matter is primarily a Federal concern. Violations of law are to be referred to the local, State, or Federal authority having proper jurisdiction. b. Grantees shall use their own procurement procedures which reflect applicable State and local laws and regulations, provided that procurements for Federal Assistance Programs • . 1 . 3/82 lq 1300.17 4 Attachment 0 conform to the standards set forth in this Attachment and applicable Federal law. 3 . Grantee Procurement Improvement Executive agencies awarding Federal grants or other assistance which require or allow for procurement by the • recipients are encouraged to assist recipients in improving their procurement capabilities by providnq them with technical assistance training, publications, and other aid. 4. Procurement System Revjewe a. Executive agencies are encouraged to perform reviews of their grantees' procurement systems if a continuing relationship with the grantee is anticipated or a substantial amount of the Federal assistance is to be used for procurement and review of individual contracts is anticipated. The purpose shall be to determine: 1 whether a p c of the reviewt C ) grantee' s procurement system meets the standards prescribed by this Attachment or other criteria acceptable to the OFPP, such provisions of the Model Procurement Code for State and local government; and (2) whether the grantee' s procurement system should be certified by the reviewing agency. Such a review will also give an agency an opportunity to give technical assistance to a grantee to remedy its procurement system if it does not fully comply. In addition, such a review may provide a basis for deciding whether the grantee' s contracts and related procurement documents should be subject to the grantor' s prior approval, as provided by Section 6. • b. In conducting procurement system review, grantor agencies will evaluate a grantee' s procurement system in terms of whether it complies with the standards prescribed by this Attachment and represents a fair, efficient and effective procurement• system. to the maximum extent feasible, reviewers will rely upon State or local evaluations and analyses performed by agencies or organizations independent of the grantee contracting activity. c• When a Federal grantor agency completes a procurement review, it shall furnish a report to the grantee, with a copy to OFPP. d. All agencies should normally rely upon the resultant findings or certification for a period of 24 months before another review is performed. • 1300.17 Attachment 0 • " e. Reviews shall be conducted in accordance with standards . • • and guidelines approved or issued by OFPP. f. The reviews authorized by Section 6 are waived if a grantee's procurement system is certified. 5. Protest Procedures • a. Grantor agencies may develop an administrative procedure to handle complaints or protests regarding grantee contractor • selection actions. the procedure shall be limited as follows: a. No protest shall be accepted by the grantor agency until all administrative remedies at the grantee level have been exhausted. b. Review is limited to: (i ) Violations of Federal law or regulations. Violations of State or local law shall be under the jurisdiction of State or • local authorities. (ii) Violations of grantee'.s protest procedures or failure to review a complaint or protest. 6. Grantor ,Review of .Proposed Contracts Federal grantor 'pre-award review . and approval of the grantee' s .proposed contracts and related procurement documents, such as .requests for proposal and invitations for bids, is permitted only under the following circumstances: a. The procurement. is expected to exceed $10, 000 and is to be awarded without competition or only one bid or offer is received in response to solicitation. • b. The procurement expected to exceed $10, 000 specifies a "brand name" _product; or c. The grantee' s procurement procedures or operation fails to comply with one or more significant aspects of this Attachment. The grantor , agency shall notify the grantee in writing, with a copy of •such notification to the OFPP . 7 . Code of Conduct 3 3/82 1300. 171 • Attachment 0 Grantees shall maintain a written code or standards of conduct which shall govern the performance of their officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. No employee, officer or agent of the grantee shall participate in selection, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer or agent; b. Any member of his immediate family; c. His or her partner; or d. An organization which employs, . or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee' s officers, employees or agents shall neither solicit nor accept gratuities, favors or. anything of monetary . value from contractors, potential contractors, or parties to subagreements. Grantees may set minimum rules where the financial interest is not substantial or .the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee' s officers, employees, • or agents, or by contractors or their agents. 8 . Procurement Procedures The grantee shall establish procurement procedures which provide that proposed procurement actions - shall be reviewed by grantee officials to avoid the purchase of unnecessary or duplicative items. Consideration should be given to consolidation or breaking out to obtain a more economical purchase. Where appropriate, an analysis shall be made of lease versus purchase alternatives, and any other appropriate analysis to determine which approach would be the most economical . To foster greater economy and efficiency, grantees are encouraged to enter into State and local intergovernmental agreements for procurement or use of common goods and services. 3/82 4 1300.17 Attachment 0 9. Contracting with Small and Minority Firms , Women' s Business Enterprise and Labor Surplus Area Firms a. It is national policy to award a fair share of contracts to small and minority business firms . Accordingly, affirmative steps must be taken to assure that small and minority businesses ► are utilized when possible as sources of supplies , equipment , construction and services. Affirmative steps shall include the following: ( 1 ) Including qualified small and minority businesses on solicitation lists . (2 ) Assuring that small and minority businesses are solicited whenever they are potential sources . (3 ) When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum small and minority business participation". (4) Where the requirement permits ,, establishing delivery schedules which will encourage participation by small and minority business . ( 5 ) Using the services and assistance of the Small Business Administration, the Office of Minority Business Enterprise of the Department of Commerce and the Community Services Administration as required. (6 ) , If any subcontracts are to be let , requiring the prime contractor to take the affirmative steps in 1 through 5 above. b. Grantees shall take similar appropriate affirmative • action in support of women' s business enterprises . c. Grantees are encouraged to procure goods and services from labor surplus areas . • d. Grantor agencies may impose additional regulations and. requirements in the foregoing areas only to the extent specifically mandated by statute or presidential direction. 10. Selection procedures a. All procurement transactions , regardless of whether by sealed bids or by negotiation and without regard to dollar value, shall be conducted in a manner that provides maximum open and 5 3/82 1300:17 Attachment 0 free competition consistent with this Attachment. Procurement procedures shall not restrict or eliminate competition. Example of what is considered to be restrictive of competition include, but are not limited to: ( 1) placing unreasonable requirements on firms in order for them to qualify to do business; (2 ) noncompetitive practices between firms; (3) organizational conflicts of interest; and (4) unnecessary experience and bonding requirmente+ b. The grantee shall have written selection procedures which shall • provide, as a minimum, the following procedural requirements: ( 1) Solicitations of offers, whether by competitive sealed bids or competitive negotiation shall: ( a) Incorporate, a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured, and when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications should be avoided if at all, possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a "brand name or equal" description may be used as a means to define the performance or other salient requirements of a procurement. The specific features of the named brand which must be met by offerors shall be clearly stated. .(b) Clearly set forth all requirements which offerors must fulfill and all other factors to be used in evaluating bids or proposals. (2 ) Awards shall be made only to responsible contractors • that possess the potential ability to -perform successfully under the terms and conditions of a proposed • procurement. Consideration shall be given to such matters as contractor integrity, compliance with public policy, record of - past performance, and financial and technical resources. 11 . Method Procurement 3/82 6 1300.17 • Attachment 0 Procurement under grants shall • be made by one of the following methods, as described herein: (a) small purchase procedures; (b) competitive sealed bids (formal advertising) ; (c) -competitive negotiation; (d) noncompetitive negotiation. a. Small purchase procedures are those. relatively simple and informal procurement methods that are sound and appropriate for a procurement of services, 'supplies or other property, costing in the aggregate not more, than $10, 000. Grantees shall comply with State or local small purchase dollar limits under $10,000. If small purchase procedures are used for a procurement under a grant, price or rate quotations shall be obtained. from an adequate number of qualified sources. b. In competitive sealed bids (formal advertising) , sealed bids are publicly solicited and a firm-fixed-price contract ( lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms :and conditions of the invitation for bids, is lowest in price. (1) In order for formal advertising to be feasible, appropriate conditions must be present, including, as a minimum, the following: • (a) A complete, adequate and realistic specification or purchase description is available. • (b) ; Two or more responsible suppliers are willing and able to compete effectively for the grantee' s business. (c) The procurement lends itself to a firm-fixed-price contract, and selection of the successful bidder can appropriately be made principally on the basis of price. ,(2) If formal advertising is used for a procurement under a grant the following requirements shall apply: ( a) A sufficient time prior to the date set for opening of bids, bids shall be solicited from an adequate number of known suppliers. In addition, , the invitation shall be publicly advertised. (b) The invitation for bids, including specifications and pertinent attachments, shall clearly define the items or services needed in order for the bidders . to properly respond to the invitation. 7 3/82 * e• 1 1300. 17 1 Attachment 0 (c) All bids shall be opened publicly at the time and place stated in the invitation for bids. (d) A firm-fix-price contract award shall be made by written notice to that responsible bidder whose bid, conforming to tthe invitation for bids, is lowest. Where specified in the bidding documents, factors such as discounts, transportation costs and life cycle costs shall be considered in determining which bid is lowest. Payment discounts may only be used to determine low bid when prior experience of • the grantee indicates that such discounts are generally taken. (e) Any or all bids may be rejected when there are sound documented business reasons in the best interest of the program. c. In competitive negotiation, proposals are requested from a number of sources and the Request for Proposal is publicized, negotiations are normally conducted with •more than one of the sources submitting offers, and either a fixed-price or cost-reimbursable type contract is awarded, as appropriate. Competitive . negotiation may be used if conditions are not appropriate for the use of formal advertising. If competitive negotiation is used for a procurement under .a grant, the following requirements shallapply: ( 1 ) Proposals •shall 'be solicited from an adequate number of eualified • sources to permit reasonable competition consistent with the nature and requirements of the procurement. The Request for Proposal shall be publicized and reasonable requests by other sources to compete shall be honored to the maximum extent practicable. (2) The Request for Proposal shall .identify all significant evaluation factors, including price or cost where required and • their relative importance. (3 ) The • grantee shall provide mechanisms for technical evaluation of the proposals received, determinations of responsible offerors for the 'purpose of written or oral discussions, and selection for contract award. ( 4) Award may be made to the responsible offeror whose proposal will be most adavantageous to the procuring party, price and other factors considered. Unsuccessful offerors should be notified promptly. 3/32 8 1 r 13.00.17 Attachment 0 N (5) Grantees may utilize competitive negotiation procedures for procurement of architectural/engineering professional services, whereby competitors ' qualifications are evaluated and the most qualified competitors ' qualifications are evaluated and the most qualified competitor is selected, subject- to negotiation of fair and reasonable compensation. d. Noncompetitive negotiation is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources , competition is determined inadequate. Noncompetitive negotiation may be used when the award of a contract is infeasible under small purchase, competitive bidding (formal advertising) or competitive negotiation procedures. Circumstances under which a contract may be awarded by noncompetitive negotiation are limited to the following: ( 1 ) The item is available only from a single source; (2 ) Public exigency or emergency when the urgency for the requirement will not permit a delay incident to competitive solicitation; (3 ) The Federal grantor agency authorizes noncompetitive negotiation; or • (4 ) After soliciation of a number of sources , competition is determined inadequate. e. Additional innovative procurement methods may be used by grantees with the approval of the grantor agency . A copy of such approval shall be sent to the OFPP. 12 . Contract Pricing The cost plus a percentage of cost and percentage of construction cost method of contracting shall not be used. Grantees shall perform some form of cost or price analysis in connection with every procurement action including contract modifications . Costs or prices based on estimated costs for contracts under grants shall be allowed only to the extent that costs incurred or cost estimates included In negotiated prices are consistent with Federal cost principles . 13 . Grantee Procurement Records Grantees shall maintain records sufficient to detail the significant history of a procurement . These records shall 9 3/82 9 1300. 17 Attachment 0 include, but are not necessarily limited to information pertinent to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the cost or price. 14. Contract Provision In addition to provisions defining a sound and complete procurement contract, any recipient of Federal grant funds shall include the following contract provisions or conditions in all procurement contracts and subcontracts as required by the provision, Federal law or the grantor agency. • a. Contracts other than small purchases shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. b. All contracts in excess of $10, 000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. In addition, such contracts shall describe conditions under which the contract may be terminated. for defaµlt as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. c . All contracts awarded in excess of $10, 000 by grantees and their contractors or subgrantees shall contain a. provision requiring compliance with Executive Order 11246, entitled "Equal Employment Opportunity, " as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (41 CFR Part 60) . d. All contracts and subgrants for construction or repair shall include a provision for compliance with the Copeland "Anti- Kickback" Act (18 USC 874) as supplemented in Department of Labor regulations (29 CFR, Part 3 ) . This Act provides that each contractor or subgrantee shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The grantee shall report all suspected or reported violations to the grantor agency. e. When r ..quired by the Federal grant program legislation, all construction contracts in excess of $2, 000 awarded by grantees and subgrantees shall include a provision for compliance 3/82 10 . 1 F • 1300.17 • Attachment 0 with the Davis-Bacon -Act (40 USC 276a to a-7) as supplemented by Department of Labor regulations (29 CFR, Part 5) . Under this Act contractors shall be required to pay wages to laborers and • mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. The grantee shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The grantee shall report all suspected or reported violations to the grantor agency. f. Where applicable, all contracts awarded by grantees and subgrantees in excess of $2,000 for construction contracts and in excess of $2, 500 for other contracts which involve the employment of mechanics or laborers shall include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5) . Under Section 103 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of standard workday of 8 hours and a standard workweek of 40 hours. Work in excess of the standard workday or workweek is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of 8 hours in any calendar day or 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that 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. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. g. The contract shall include notice of grantor agency requirements and regulations pertaining to reporting and patent rights under any contract involving research, developmental , experimental or demonstration work with respect to any discovery or invention which arises or is developed in the course of or under such contract, and of grantor agency requirements and regulations pertaining to copyrights and rights in data. h. All negotiated contracts ( except those awarded by small purchase procedures) awarded by grantees shall include a 11 3/82 r 1300. 17 Attachment 0 provision to the effect that the grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract, for the purpose of making audit, examination, excerpts, and transcriptions. Grantees shall require contractors to maintain all required records for three years after ' grantees make final payments and all other pending matters are closed. i . Contracts, subcontracts, and subgrants of amounts in excess of $100,000 shall contain a provision which requires compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean. Air Act (42 USC 1857(h) )., • Section 508 of the Clean Water Act (33 USC 1368) , Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15 ) , which ' prohibit the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA List of Violating Facilities. The provision shall require reporting of violations . to the grantor agency and to the USEPA Assistant Administrator for Enforcement (EN-329) . ' • j . Contracts shall recognize mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94..163 ) . • Grantor agencies are permitted to require changes, remedies, changed conditions, access and record retention and suspension of work clauses approved by . the Office of Federal Procurement Policy. 15, Contract Administration • Grantees shall maintain- a contract administration system ensuring that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. - _ _. 3/82 12 I a • •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). • . „ r 24 CFR 85.44 TERMINATION FOR CONVENIENCE Except as provided in § 85.43 awards .may be terminated in whole or in. part only as follows: (a) By the awarding agency with the consent of the 'grantee or subgrantee in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated, or • (b) By the grantee or subgrantee upon written notification to the awarding agency, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if, in the case of a partial termination, the awarding agency determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the awarding agency may terminate the award in its entirety under either § 85.43 or paragraph (a) of this section. 9124u { C-25A ` CITY OF OMAHA � r LEGISLATIVE CHAMBER Omaha,Nebr Ma 18 19.9.9 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,the City annually receives Community Development Block Grant funds under Title I of the Housing and Community Development Act of 1974,as amended,for the purpose of benefitting low and moderate income residents,eliminating slums and blight,and for other urgent community development needs; and, WHEREAS, this project is eligible for funding under the Community Development Block Grant funding; and, , WHEREAS, the attached proposed Resolution approves an Agreement between the City of Omaha and Fiftieth & Grover Shopping Center to provide partial financing to rehabilitate the property located at 3708 Dodge Street. Partial financing in the amount of$58,500.00 will be provided from the City with FY 97 carryover funds from the Community Development Block Grant Rental Rehabilitation Program; and, WHEREAS, the rental rehabilitation project, when complete, will contain one (1) two-bedroom residential unit and six (6) three-bedroom units; and, WHEREAS,funding for the project(excluding$532.00 closing costs) consists of a $58,500.00 CDBG Rental Rehabilitation Program-DPL and a $130,300.00 Bank Loan and/or Owner's Cash for a total project cost of$188,800.00; and, WHEREAS, this Project encourages the creation of additional residential units affordable to low and moderate income residents; and, WHEREAS, the Contractor has on file a current 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; and, WHEREAS,it is in the best interest of the City of Omaha to enter into an agreement with Fiftieth & Grover Shopping Center, a Nebraska Partnership, to provide partial financing to rehabilitate the building located at 3708 Dodge Street. By Councilmember Adopted City Clerk Approved Mayor r r� � 1 • CITY OF OMAHA LEGISLATIVE CHAMBER • Omaha,Nebr May 18 19 99 • PAGE 2 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 Fiftieth & Grover Shopping Center, a Nebraska Partnership, 10050 Regency Circle, Suite 101, Omaha,Nebraska 68114,to provide partial financing in the amount of$58,500.00 from FY 97 Community Development Block Grant Rental Rehabilitation Program Carryover funds to rehabilitate the property located at 3708 Dodge Street, is hereby approved. Funds in the amount of $58,500.00 shall be paid from the CDBG Program Fund No. 193, Organization 8318. P:\PLN3\4401.PJM APPROVED AS TO FORM: ())771414) J.--7-?? 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