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RES 1998-2365 - Agmt with 2716 South 24th St LP to renovate Immaculate Conception School
1 .2/ /cif,reeofe#4 ) -- ► j 2�Plannin e artment ��FO� AF:\ RECEIVED Omaha/Douglas Civic Center �` '` rc!= `a' 1819 Farnam Street,Suite 1100 ,laC�') .41, 8 RUG 14 Pf.1 2t 1 iv.1 PI 4i Omaha,Nebraska 68183-0110 • (402)444-5200 .°�r ory CITY "ts? w r i(+ (402)444-5150 Eo FEBR +�1 �;, 'v EB ri Telefax(402)444-6140 OCity of Omaha Robert C.Peters Hal Daub,Mayor August 25, 1998 Acting Director I Honorable President and Members of the City Council, The attached proposed Resolution approves an Agreement between the City of Omaha and the 2716 South 24th Street Limited Partnership, Partnership,a Nebraska Limited Partnershi , 1025 Leavenworth Street, Omaha,Nebraska 68102,to provide HOME financing in the amount of$170,000.00 to renovate the historic Immaculate Conception School located at 2716 South 24th Street into 19 residential units and the subsequent rental of the units to households whose median income is at or below 60%of the median. Co-General Partners are: 2716 South 24th Street General Partner Corporation, a Nebraska Corporation; and South Omaha Affordable Housing Corporation, a Nebraska Non-profit Corporation. Funding from the City will be provided through the FY98 HOME Multi-Family ` Rehabilitation Program. ti- Following a,request for proposals and an in-depth review of each, the 2716 South 24th Street Limited Partnership was awarded$170,000.00 for the renovation of Immaculate Conception School. 'Total project cost is estimated at $1,837,100.00. In addition to the $170,000.00 HOME Funds, sources of funds include a $170,000.00 conventional loan and $1,497,100.00 in the form of tax increment financing, tax credits, Nebraska Trust Fund, Affordable Housing Program Funds and general partner capital contributions. This Project encourages the creation of additional residential units affordable to low and moderate income residents. The 2716 South 24th Street Limited Partnership shall comply with the Federal Housing Act, as amended, and Section 504 of the Rehabilitation Act of 1973, and renovate the appropriate number of units accessible and adaptable for persons having mobility, hearing or vision impairments. * 0 r • Honorable President and Members of the City Council Page 2 The Contractor has on file a current Annual Contract Compliance Report Form(CC-1). As is City policy, the Human Relations Director will review the Contractor to ensure compliance with the Contract Compliance Ordinance. Your favorable consideration of this Resolution will be appreciated. Sincerely, Referred to City Council for Consideration: • -1A7/9f Robert C. Peters 5 Date Mayor's Office/Title Date Acting Planning Director Approved: Approved: Fc?" r d • Louis A. D'Ercole LAG D to George is, Jr. Date Finance Director v Human elations Director 5%3/91 6/' - iJ°IL P:\PLN3\3975.PJM rb • Is • AGREEMENT THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal Corporation in Douglas County,Nebraska; and the 2716 South 24th Street Limited Partnership, a Nebraska Limited Partnership, 1025 Leavenworth Street,Omaha,Nebraska 68102. The Co-General Partners are: 2716 South 24th Street General Partner Corporation, a Nebraska Corporation, Tammy Barrett, President; and South Omaha Affordable Housing Corporation, a Nebraska Non-profit Corporation, Sr. Marilyn Ross, Executive Director. 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, the 2716 South 24th Street Limited Partnership has its principal place of business at 1025 Leavenworth Street, Omaha,Nebraska 68102; and, WHEREAS, the 2716 South 24th Street Limited Partnership has submitted a preliminary application and has had the property inspected, a work write-up completed and has solicited bids which indicate the total renovation cost of Immaculate Conception School, comprised of 19 apartments, located at 2716 South 24th Street, Omaha,Nebraska 68107,to be $1,837,100.00; and, WHEREAS, it is in the best interest of the City to enter into an agreement with the 2716 South 24th Street Limited Partnership to provide partial financing to renovate the historic Immaculate Conception School Building. IN CONSIDERATION OF THESE MUTUAL COVENANTS,the 2716 South 24th Street Limited 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 the 2716 South 24th Street Limited Partnership, a Nebraska Limited Partnership; Co-General Partners: 2716 South 24th Street General Partner Corporation, a Nebraska Corporation; and South Omaha Affordable Housing Corporation, a Nebraska Non-profit Corporation(Exhibit A). 1.3 "Director" shall mean-the Planning Director of the City of Omaha. 1.4 "HOME Multi-Family Rehabilitation Program Repayable Loan shall mean - a non- recourse HOME Repayable Loan in the amount of$170,000.00 made subject to the terms, conditions and provisions of the loan agreement under which said loan is made, which shall provide, inter alia, that same shall be repayable in forty-five (45) years from and after December 1, 1999. The Repayable Loan repayment shall be deferred for fifteen (15) years. Beginning January 1, 2014, the loan, at the rate of 0% per annum, will begin amortizing over the remaining 30 year term(360 payments),with monthly payments of$472.22. The principal balance shall become due and payable upon sale or transfer of the property except as provided in Paragraph 6.8 of this Agreement. The loan may only be used for the purposes described herein. 1.5 "Construction Contract" shall mean - the contract for all renovation work to be performed upon the Subject Property, more specifically the property located at 2716 South 24th 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 structure. 1.6 "Rehabilitation Work" shall mean - all construction work provided for in the Construction Contract and as may be required hereunder. 1.7 "Subject Property" or"Property" shall mean-the land located at the 2716 South 24th Street, Omaha, Nebraska, legally described as Lot 2, Wilcox Addition, Replat I, an Addition to the City of Omaha, as surveyed,platted and recorded in Douglas County, Nebraska,together with all improvements thereon. 1.8 "HOME" shall mean -the program conducted under the provisions of the Cranston- Gonzalez National Affordable Housing Act, Title II, Subtitle A- HOME Investment Partnerships (P.L. 101-625) and the Code of Federal Regulations 24 CFR Part 92 (Exhibit B). - 2 - 1.9 "HOME Funds" shall mean - that portion of the HOME Investment Partnerships Program awarded to the City as may be available to loan during the 1998 Program Year for rehabilitation of the Subject Property in an amount not to exceed$170,000.00, subject to the terms, conditions and requirements of this Agreement. 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 $170,000.00 comprised of FY98 HOME Multi-Family Rehabilitation Program funds for the rehabilitation of Immaculate Conception School located at 2716 South 24th Street in the form of a HOME Multi-Family Rehabilitation Program Repayable Loan. 2.1.1 The Owner may not request disbursement of funds under this Agreement until the funds are needed for payment of eligible costs. The amount of each request must be limited to the actual amount needed. 2.2 The City shall review and monitor the required reports that identify the progress/accomplishments of the Owner, on the activities included in this Agreement and on contracts entered into with third parties pursuant thereto. 2.3 After completion of rehabilitation,the property must comply with all appropriate City codes and ordinances, and with Federal Section 8 Housing Quality Standards and Property Rehabilitation Standards as established by the City of Omaha Planning Department, Housing and Community Development Division for the duration of the period of affordability as specified in Section 3.16.3 of this Agreement. 2.3.1 The City shall perform annual inspections of the property to ensure compliance with Section 2.3. 2.4 The City will secure its HOME Multi-Family Rehabilitation Program Repayable Loan with no less than a third mortgage/deed of trust to subordinate to an amount not to exceed $1,497,100.00, during the construction phase. Upon completion of the Rehabilitation Work, the City's lien shall be subordinate to an amount not to exceed $346,000.00 or the actual amount of the first mortgage financing, the tax increment financing and reasonable closing costs. The City shall ensure that the Owner repays the HOME Multi-Family Rehabilitation Program Repayable Loan, as set forth in Paragraph 1.4 supra. 2.5 Progress and final payments for the Rehabilitation Work shall be made on a percentage basis from each rehabilitation funding account as determined by the Director. - 3 - 2.6 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: 2.6.1 evidence that Owner funding is available as required by Paragraph 3.1 herein; and, 2.6.2 a duly executed Construction Contract; and, 2.6.3. 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 electrical, plumbing and HVAC Contractors in aggregate amounts of their contract bids. Lien waivers shall be submitted for the remaining work. The Bonds and/or Letters of Credit shall be in favor of the City and shall be submitted for review and approval by the Director. The City reserves the right to reject the Letters of Credit and choice of surety for the Bonds. 2.6.4 Certificates of Insurance from all Contractors/Subcontractors in favor of the City and 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 Workmen's Compensation. 2.7 In no event shall the City assume any obligations to make or continue to make any and all of the above-referenced funding available nor shall the City incur any liability hereunder unless and until the Owner has timely and fully complied with its duties and obligations arising hereunder. 2.8 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: 2.8.1 unacceptable or substandard; or, 2.8.2 not in accordance with this Agreement or the Construction Contract as approved; or, 2.8.3 not in conformance with the applicable state,federal and local laws, including but not limited to,the building, plumbing and/or electrical codes; or, 2.8.4 not in conformance with the work write-up and/or proposals as approved. - 4 - 2.9 In the event that all of the conditions of funding are not met on or before December 31, 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. 2.10 During the period of project development and construction work, and for the term of the loan, the Owner shall maintain insurance in at least the amount of the HOME Multi-Family Rehabilitation Program Repayable Loan and apply such insurance proceeds to the reconstruction of the project or repayment in full of the HOME Multi- Family Rehabilitation Program Repayable Loan. 2.11 The HOME Multi-Family Rehabilitation Program Repayable Loan shall be a non- recourse loan; therefore, in the event of a default, the City shall rely solely upon the property which is secured by the mortgage/deed of trust which is the security for the non-recourse promissory note and will not initiate or participate in any claim or proceedings against the Maker of the non-recourse promissory note or its Partners (or the partners,officers,directors,or shareholders of any partner)for payment of any sum due under the non-recourse promissory note or any other sum due under the mortgage/deed of trust. (Exhibit "C") Section 3. Duties and Conditions of the Owner 3.1 The Owner shall secure $1,497,100.00 in the form of a bank loan, tax increment financing,tax credits,Nebraska Trust Fund, Affordable Housing Program Funds, and general partner capital contributions 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 non-recourse promissory note and mortgage/deed of trust for the benefit of the City of Omaha securing the HOME Multi-Family Rehabilitation Program Repayable Loan. 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 and amend any or all of the foregoing. Upon approval,no changes or amendments may be made to any of the foregoing without the written approval of the Director. In no event shall the City become obligated to make any payments for any work performed, - 5 - 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 the electrical,plumbing and HVAC Contractors, in favor of the City, in aggregate amounts of their contract bids. Lien waivers shall be submitted for the remaining work. 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. 3.6 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. 3.7 The Owner agrees to rehabilitate the Property located at 2716 South 24th Street into 19 apartments,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 obtain a certificate from each contractor or subcontractor to be used on this project to the effect that each contractor or subcontractor has not been disbarred or disqualified by the U.S. Department of Housing and Urban Development(HUD). 3.11 The 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 HOME Multi-Family Rehabilitation Program Repayable Loan. 3.12 The Owner shall begin Rehabilitation work no later than sixty (60) days from the date of loan closing and make best efforts to complete construction by December 1, 1999. The Director may extend the construction completion date, but in no event may the construction completion date exceed twenty-four months from the date of execution of this Agreement. - 6 - 3.13 The Owner shall comply with the City of Omaha's HOME/Community Development Block Grant Rental Rehabilitation Program Guidelines, attached hereto as Exhibit "D" and incorporated herein by this reference as though fully set forth. 3.14 The Owner shall comply with the City of Omaha's Affirmative Marketing Policy of the HOME/Community Development Block Grant Rental Rehabilitation Program Guidelines, attached hereto as Exhibit "D" and incorporated herein by reference as though fully set forth. 3.15 The Owner shall comply with the City of Omaha Tenant Assistance Policy of the HOME/Community Development Block Grant Rental Rehabilitation Program Guidelines, attached hereto as Exhibit "D" 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. 3.16 The Owner agrees that 100% of the units shall be occupied by low income families whose annual income does not exceed 60% of the "Median Income by Family Size" as published by HUD, and as further updated and revised annually by HUD to reflect the current or most recent income level statistics, a copy of the relevant portion of which is attached hereto, marked as Exhibit E and incorporated herein by this reference. 3.16.1 In no event shall eligible families be charged rental amounts in excess of the regulatory limits as specified in the HOME Regulations, 24 CFR Part 92, Subpart F, Section 92.252, attached hereto as Exhibit B and incorporated herein by this reference as though fully set forth, for the leasing of the rental housing units rehabilitated with the HOME Funds. 3.16.2 The Owner agrees that the occupancy and affordability requirements of Sections 3.16, and 3.16.1 will remain in effect for a term of not less than five (5) years beginning after project completion. 3.16.3 If, through breach of this Agreement, the Owner fails to maintain the occupancy and affordability restrictions enumerated in Sections 3.16, 3.16.1, and 3.16.2 of this Agreement, all HOME Funds previously provided to the Owner through fulfillment of this Agreement shall promptly be returned to the City of Omaha. 3.17 The 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 of all expenses. The Comptroller General of the United States, or any of their duly authorized representatives,or any duly authorized representatives of the City of Omaha, as approved by the Planning Director, shall have access to any books, documents, papers, records and accounts of the Owner, contractor or subcontractor - 7 - which are directly pertinent to this project for the purpose of making audit, examination, excerpts and transcriptions. Such records and accounts shall be retained for five (5) years from the contract period completion. Any contract entered into by the Owner with any contractor or subcontractor shall include this Section to ensure said access. 3.18 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 to 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. 3.19 The Owner shall retain the following records for each family or individual occupying a rental unit for three (3) years after the required period of affordability specified in Section 3.16.3 of this Agreement: 3.19.1 The name, address, and unit occupied, 3.19.2 A copy of the lease/rental agreement entered into with the Owner, 3.19.3 The date(s) of occupancy, and, 3.19.4 The median family income as determined annually pursuant to Section 3.16 of this Agreement. 3.20 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) 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 3.21 Comply with and insure that applicable bid documents, contracts, and subcontracts contain the Federal Labor Standards provision and applicable Department of Labor wage determination and that no contractor is ineligible for Federally-assisted work. The wage determination may be modified to keep it current. All actions modifying a general wage determination apply unless notice of such action is published less than 10 days before contract award. The City will send these modifications to the Developer(Exhibit "F"). - 8 0 - 3.22 The Owner shall submit to the Director a certified audit of all construction costs including developer and contractor costs. This audit shall be performed by a duly qualified professional, whom shall first be approved by the Director in writing. This audit shall be submitted to the Director for review and approval. The final amount of HOME assistance will be based on the audited costs. If the final project cost is less than the estimated cost, the City and the Owner will share the cost savings proportionately. 3.23 The Owner specifically hereby states and certifies that it is familiar with the limited purpose set forth in the Federal laws, rules and regulations, and in the laws of the State of Nebraska for which personal information requested may be used, and that the information received will be used solely for those limited purposes and not to harass, degrade or humiliate any person. The information released shall be used for the limited purpose stated, and the Owner further agrees to indemnify and hold harmless the City of Omaha for any liability arising out of the improper use of the information provided. 3.24 The Owner shall complete a certified rehabilitation of the building located at 2716 South 24th Street under the Historic Preservation Certification Program. 3.25 The Owner shall obtain final certification from the National Park Service verifying that the Owner has complied with and met the Secretary of the Interior's "Standards for Rehabilitation". 3.26 The Owner shall comply with the Federal Fair Housing Act,as amended,and Section 504 of the Rehabilitation Act of 1973,and renovate the appropriate number of units accessible and adaptable for persons having mobility,hearing or vision impairments. Section 4. Term of Agreement This Agreement shall be in full force and effect for a period of five years from the date of completion of the Rehabilitation Work. 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 agent or employees. * 414- 9 - 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/Section 3 Clause/Affirmative Action Plan Attached hereto as Exhibit "G" and made a part hereof by reference are the equal employment provisions of this Agreement. 6.2 Non-Discrimination. The Owner shall not in the performance of this Agreement, discriminate or permit discrimination in violation of race, color, sex, age, political or religious opinions, affiliations, national origin, familial status, disability, or handicap. 6.3 Captions. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. 6.4 Applicable Law. Parties to this Agreement shall conform with all existing and applicable city ordinances,resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. 6.5 Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect,in any City Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render this Agreement voidable by the Mayor or the City Council. 6.6 Merger. This Agreement shall not be merged into any other oral or written Agreement, lease or deed of any type. 6.7 Modification. This Agreement contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent,employee or other representative of either party is empowered to alter any of the terms herein unless done in writing and signed by an authorized officer of the respective parties, pursuant to Section 10-142 of the Omaha Municipal Code. 6.8 Assignment. The 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. - 10 - 6.9 Strict Compliance. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representatives of the parties, pursuant to Section 10-142 of the Omaha Municipal Code. 6.10 Termination. This Agreement may also be suspended or terminated in accordance with 24 CFR 85.43, Enforcement or 24 CFR 85.44, Termination for Convenience (Exhibit "H"). Upon termination of this Agreement, all funds and interest in any account hereunder become the property of the City and shall be returned to the City of Omaha. 6.11 Other Program Requirements. The Owner shall be required to carry out each activity of this Agreement in compliance with all Federal laws and regulations described in Subparts A,E,F and H of the HOME Investment Partnerships Program;Interim Rule (24 CFR Part 92) (Exhibit "B"). 6.12 Reversion of Assets. Upon the expiration of this Agreement, the Owner shall transfer to the City of Omaha any HOME Funds on hand at the time of expiration and not required for the purpose of this Agreement. 6.13 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. 6.14 This Agreement shall be binding upon the parties hereto and shall run with the Property. 6.15 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. (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 - 11 - �� complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,loan and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. Section 7. Authorized Representative In further consideration of the mutual covenants herein contained,the parties hereto expressly agree that for purpose of notice,including legal service of process,during the term of this Agreement and for the period of any applicable statute of limitations thereafter,the following named individuals shall be authorized representatives of the parties: (1) City of Omaha Director, Planning Department Omaha/Douglas Civic Center 1819 Farnam Street Omaha,Nebraska (2) 2716 South 24th Street Limited Partnership, a Nebraska Limited Partnership General Partners: 2716 South 24th Street General Partner Corporation and South Omaha Affordable Housing Corporation 1025 Leavenworth Street Omaha,Nebraska 68102 - 12 - IN WITNESS WHEREOF,the parties have executed this Agreement as of the date indicated below: ATTEST: CITY O • 1 Y CLERK OF THE CITY OF OMAHA Date MA OR OF THE CITY OF OMAHA Date 2716 SOUTH 24TH STREET LIMITED PARTNERSHIP, a Nebraska Limited Partnership By: 2716 SOUTH 24TH STREET GENERAL PARTNER CORPORATION, a Nebraska Corporation, GENERAL PARTNER By: 40A/1,112/ Tammy Barrett, Date By: SOUTH OMAHA AFFORDABLE HOUSING CORPORATION, a Nebraska Non-Profit Corporation, GENERAL PARTNER BY: • !- �c..P� Name Date °N-1,4" / Title APPROVED AS TO FO . AS"? ASSISTANT C I Y ATTORNEY Date P:\PLN3\3977.PJM - 13 - SCHEDULE OF EXHIBITS Agreement Exhibit Location Description A 1.2 2716 South 24th Street Limited Partnership Agreement; 2716 South 24th Street General Partner Corporation's and South Omaha Affordable Housing Corporation's Articles of Incorporation, Corporate Resolutions, and Board Members B 1.8, 3.16.1, 6.11 HOME Investment Partnerships (P.L. 101-625) and the Code of Federal Regulations 24 CFR Part 92 C • 2.11 Non-Recourse Repayable Loan Promissory Note D 3.13, 3.14, 3.15 HOME Rental Rehabilitation Program Guidelines, Affirmative Marketing Policy, and Tenant Assistance Policy E 3.16 Median Family Income F 3.21 Davis-Bacon Wage Decision G 6.1 Equal Employment Opportunity/Section 3 Clause/ Affirmative Action Plan H 6.10 Termination- CFR 85.43 - 85.44 NOTE: Regulations identified as exhibits and referenced herein as Exhibits B, G and H are made a part of the Agreement hereof by reference and are on file in the Planning Department. P:\PLN3\3977.PJM - 14 - i'l:i 2 7 1997 ,iA " TAT 17,OVNEBRASK ;. ;17.CTZ)E17‘Rx"S OTTICE nerei`ed{i1^<1 plid ref:orded on CERTIFICATE AND AGREEMENT OF LIMITED PARTNERM/Pli""- . THIS CERTIFICATION AND AGREEMENT made as of the 23rd day�6F uhY oFSt i e — �Q�� i S _ pd October, 1997, betwe en 2716 South 24th Street General Partner Corporatlon'(a"General Partner"), and Tammy Barrett (the "Initial Limited Partner"). "WITNESSETH: That the parties hereto, for good and valuable consideration, receipt of which is hereby acknowledged, hereby form a limited partnership(the"PARTNERSHIP") under the laws of the State of Nebraska for the term and upon the conditions set forth herein, and each of the parties hereby mutually covenants and agrees as follows: I. The name of the Partnership is"2716 SOUTH 24Th STREET LIMITED PARTNERSHIP." II. The purpose of the Partnership shall be to covert, own, rent, and operate the premises at 2716 South 24th Street in Omaha,Nebraska as a multi-family residential • apartment project. III. The principal place of business and office of the Partnership shall be do Tammy Barrett, 1025 Leavenworth Street, Omaha,Nebraska 68102. IV. Tammy Barrett,whose address is 1025 Leavenworth Street, Omaha,Nebraska 68102, shall be the agent for services of process on the Partnership. 'd.)1(116h'.t . . i V. The name and business address of the General Partner is: 2716 South 24th Street General Partner Corporation ,, 1025 Leavenworth Street n Omaha,Nebraska 68.102 1. VI. The Partners'interest in the Profits and Losses of the Partnership are as follows: General Partner 2716 South 241 Street General Partner Corporation 0.01% , Initial Limited Partner VII. of Partnership income, profits and losses to ti The Partnership will allocate all items ; the Part on a pro ro rata basis according to the proportionate interest held by each Partner in the Partnership. VIII. 1 1 ( : The Initial Limited Partner hereby consents and agrees that the Partnership may sell {' additional Limited Partnership interests at the election of the General Partner to investors pursuant to a private placement of such interests and they hereby consent to the admission Partnership upon additional Limited Partners to the Partn p the approval of the General Partner. IX. In the event of the bankruptcy or dissolution of the General Partner, the Partnership will be dissolved unless the initial Limited Partner elects to continue the Partnership and i select one or more successor General Partner. 1 X. Tammy Barrett is hereby empowered and authorized as President of the General i Partner and on behalf of the Partnership to execute any and all documentation in the name of the Partnership regarding any financing or governmental grants or loans to be obtained by the Partnership and/or real estate to be acquired in the name of the Partnership. XI. This Certificate and Agreement of Limited Partnership shall be amended at such time or times as may be required by the Nebraska Uniform Limited Partnership Act. GENERAL PARTNER: 2716 South 241 Street General Partner Corporation By: 'l� ea/14a I Tammy Barrett,President LIMITED PARTNER: �G�v1 �G%Z'l,C 44 Tammy Barrett J STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) SUBSCRIBED AND SWORN to before me this 23rd day of October, f 1997 by Tammy Barrett, President of 2716 South 241 Street General Partner Corporation. GENERAL grate l Nebrrb „I �C letAtA My Comm.,.Exp.�uuEwsEe 1999 N ary Public STATE OF NEBRASKA ) • • COUNTY OF DOUGLAS ) SUBSCRIBED AND SWORN to before me this 23rd day of October, 1997 by Tammy Barrett. N i:ary GENERAL NOTARY-UEJ SUUE n � j NEBR SKA SECRETARY'S OFFICE ti Received filed �i- orded on film roll no. •��i at page •! FIRST AMENDMENT TO LIMITED -Cf SZ PARTNERSHIP AGREEMENT OF �3'ofS to 2716 SOUTH 24TH STREET LIMITED PARTNERSHIP This First Amendment to the Limited Partnership Agreement is made and entered into as of the 2nd day of April, 1998 by and among 2716 South 24th Street General Partner Corporation ("General Partner") and Tammy Barrett("Limited Partner"), (the General Partner and Limited Partner are sometimes hereinafter collectively referred to as "Partners" or individually as "Partner"). A. The name of the Limited Partnership is: 2716 South 24th Street Limited Partnership. B. ' The Agreement was filed in the Office of the Secretary of the State of Nebraska on October 27, 1998 which was filed for the record 81742 on film roll no. 9726 at page 81. C. The amendment to the Certificate and Agreement of Limited Partnership is as follows: 1. The Partners agree to admit South Omaha Affordable Housing as a Co- General Partner. 2. The Partners' interest in the Profits and Losses of the Partnership are as follows: Co-General Partner South Omaha Affordable Housing 0.005% Co-General Partner 2716 South 24th Street General Partner Corporation 0.005% Initial Limited Partner 99.99% IN WITNESS WHEREOF, the General Partner has executed this First Amendment to Limited Partnership Agreement this 2nd day of April, 1998. CO-GENERAL PARTNER 2716 South 24th Street General Partner Corporation, a Nebraska Corporation By: Tammy Barreqt, President CO-GENERAL PARTNER South Omaha Affordable Housing By: Sister Marilyn R , Executive Director • LIMITED PARTNER By: 041 of , &2/1/'V'7 Tammy Barrett STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) SUBSCRIBED AND SWORN to before me this 2nd day of April, 1998 by tami'ny Barrett, President of 2716 South 24th Stre- - •-ral Partner Co oration. GENERAL NOTARY•State of Nebraska MARIORIE NELSON 99 ,;:.. Comm.UP.P• y otary 'blic STATE OF NEBRASKA )My COUNTY OF DOUGLAS ) SUBSCRIBED AND SWORN to before me this 2nd day of April, 1998 by Sister Marilyn Ross, Executive Director of South Omaha Affordable Housing NOT ARY State oL 0 ska o aNE RIE ��� bi MM03mm M.t�t NEy 3,1999 NotaryOblic STATE OF NEBRASKA ) COUNTY OF DOUGLAS ) SUBSCRIBED AND SWORN to before me this 2nd day of April 1998 by Tammy Barrett. GENERALNOTARYStaE 3p999a / MAR�ORIE luny Nota Public • • • � MY Comm.ExP� I I t - STATE OF NEBRASKA .41 if United States of America, , '. Department of State State of Nebraska ss. Lincoln, Nebraska r III I, Scott Moore, Secretary of State of tit; State of Nebraska do hereby certify; II 2716 SOUTH 24TH STREET GENERAL PARTNER CORPORATION III was duly incorporated under the laws of this state on October 27, 1997, and do further certify that no occupation taxes assessed are unpaid and no annual reports are delinquent; articles of dissolution have not been filed; and said corporation is in existence as of the date Iof this certificate. g 11 II I In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State II of Nebraska on October 27 in the year of our Lord, one thousand nine hundred and ninety-seven. I ,1 I , I ........AS-1208t dgq.....412._ SECRETARY OF STATE I ARTICLES OF INCORPORATION . , .• Loc.or• p 2716 SOUTH 2411' STREET GENERAL PARTNER CORPORATION The undersigned person, being of the age of majority and acting as Incorporator of the Corporation under the Nebraska Business Corporation Act, adopts the following Articles of Incorporation for such Corporation. w ARTICLE I NAME The name of the Corporation is 2716 South 24d' Street General Partner Corporation. • ARTICLE II ; r AUTHORIZED SHARES I ,„ The aggregate number of shares which the Corporation shall have the authority to issue is 1000 shares of Common Stock, par value of$0.01 per share and a total value of$10.00. All transfers of the shares of this Corporation shall be made in accordance with the provisions of the Bylaws of the Corporation. ARTICLE III AUTHORITY TO AMEND The Corporation reserves the right and authority to amend or repeal any provisions rr contained in these Articles of Incorporation in the manner now and hereafter permitted by law, and all rights conferred upon shareholders now and hereafter by these Articles of Incorporation are granted subject to this reservation. • ARTICLE IV lhf w:. LIABILITY OF DIRECTORS A director of the. Corporation shall not be personally liable to the Corporation or its shareholders for monetary damages for any action taken, or any failure to take action as a director received bya director to which he or she for liability (i) for the amount of a financial benefit except 1 ab Pty is not entitled; (ii) for intentional infliction of harm on the corporation or its shareholders; (iii) for a violation of Neb. Rev. Stat. §21-2096; and (iv) for an intentional violation of criminal law. • ARTICLE V INDEMNIFICATION To the extent permitted by law, the Corporation may indemnify any person who was or is a party,or is threatened to be made a party to any threatened, pending or completed action, suit proceeding, whether civil, criminal, administrative or investigative, including any action or suit by or in the right of the Corporation to procure a judgment in its favor, by reason of the fact that he or she is or was a director, officer, employee or agent of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee or agent of another corporation, partnership, joint venture or other enterprise or as a trustee, officer, employee or agent of an employee benefit plan, against expenses, including attorney fees, and, except for actions by or in the right of the Corporation, judgments, fines and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit or proceeding if he or she acted in good faith and in a manner he or she reasonably believed to be in or not opposed to the best interests of the Corporation, and, with respect to any criminal action or proceeding, has no reasonable cause to believe his or her conduct was unlawful. To the extent permitted by law, the Corporation retains and may exercise the power to purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the Corporation against any liability asserted against him or her and incurred by him or her in such capacity or arising out of his or her status as such, whether or not the Corporation would have the power to indemnify him or her against such liability. The indemnity provided for by this Article shall not be deemed to be exclusive of any other rights to which those indemnified may be otherwise entitled, nor shall the provisions of this Article be deemed to prohibit the Corporation from extending its indemnification to cover other persons or activities to the extent permitted by law or pursuant to any provisions in the Bylaws. ARTICLE VI INITIAL REGISTERED OFFICE AND REGISTERED AGENT The street address of the initial registered office of the Corporation is 1025 Leavenworth Street, Omaha, Nebraska 68102, and the name of its initial registered agent at such address is Ms. Tammy Barrett. ARTICLE VII NAME AND ADDRESS OF INCORPORATOR The name and address of the Incorporator is: Tammy Barrett, 1025 Leavenworth Street, Omaha, Nebraska 68102. DATED this 23rd day of October, 1997. 00414 6(u/it(/' Tammy Barrett, Incorporator • • • • • CERTIFIED CORPORATE RESOLUTION OF 2716 SOUTH 24TH STREET GENERAL PARTNER CORPORATION 1025 LEAVENWORTH STREET OMAHA, NE 68102 WHEREAS, 2716 South 24th Street General Partner Corporation desires to develop a 21- unit low-income multi-family residential project. WHEREAS,the most appropriate vehicle for generating the necessary equity for such projects is through a limited partnership, which is authorized to sell the low-income housing tax credits. THEREFORE BE IT RESOLVED that Tammy Barrett, President of 2716 South 24th Street General Partner Corporation, or Todd Heistand,Vice-President of 2716 South 24th Street General Partner Corporation, a Nebraska corporation in good standing with the State of Nebraska, is given full authority to represent 2716 South 24th Street General Partner Corporation, in it's capacity as the general partner of the 2716 South 24th Street Limited Partnership, and that Tammy Barrett or Todd Heistand is authorized to sign any and all official documents, contracts, loan agreements,promissory notes, mortgages, trust deeds, or other legal instruments pertaining to the necessary financing required for the multi-family housing project to be developed by 2716 South 24th Street Limited Partnership, when 2716 South 24th Street General Partner Corporation is acting in its capacity of general partner of the limited partnership. IT IS FURTHER RESOLVED,that Tammy Barrett, President or Todd Heistand, Vice President, is hereby authorized and directed to take all actions and sign all documents on behalf of the Corporation required or desirable to enable the Corporation to encumber property and receive funds under the City of Omaha's Community Development Block Grant and HOME Investment Partnership Programs. These actions will include, but not be limited to,pledging certain assets of the Corporation to obtain these funds. Tod Heistand, Secretary Date 2716 South 24th Streeet General Partner Corporation _ BOARD OF DIRECTORS OF 2716 SOUTH 24TH STREET GENERAL PARTNER CORPORATION President - Tammy Barrett Vice President - Todd Heistand Secretary - Todd Heistand Treasurer - Cynthia Koster grit • . a r EB OF�RASi�U os Mrs roll ss. ARTICLES OF AMENDMENT M Pop // TO THE ARTICLES OF INCORPORATION / Sasimmy aria OF ter ` `��•� ` I HOLY NAME AFFORDABLE HOUSING CORPORATION (N/K/A SOUTH OMAHA AFFORDABLE HOUSING CORPORATION) Pursuant to the provisions of Sections 21-19,107 and 21-19,109 of the Nebraska Nonprofit Corporation Act, the undersigned Corporation adopts jhe following Articles of Amendment to its Articles of Incorporation: FIRST: The name of the Corporation prior to the filing of these Articles of Amendment is Holy Name Affordable Housing Corporation. SECOND: Article I of the Articles of Incorporation of the Corporation is hereby amended to change the name of the Corporation from "Holy Name Affordable Housing Corporation" to "South Omaha Affordable Housing Corporation." These Articles of Amendment to the Articles of Incorporation were adopted unanimously by the directors present at a regular meeting of the Board of Directors of the Corporation at which a quorum was present on March 11, 1997, there being no members of the Corporation. IN WITNESS WHEREOF, the President and Secretary of the Corpo,ration, duly authorized, have executed these Articles of Amendment this .7 day of tie-ye-Le- , 1997. 1.,24i Agar 010,Waiik..000. /1" Bat •orst iesi. 4111116 fohn R. Holdenried ecretary 214185 Y i -,it.i ,.-- -•;•• 800K t�AGE..e ?�_... —.. .. G�{I\ v.-'3 .q • 3 �e L 1� tARTICLES OF INCORPORATION - OF HOLY NAME Ai FORDABLE HOUSING CJRPOR.ATION . .====- • RECORDED ••' .5/122- g3 ,cD Mg ARTICLE I • • I ' 1 N • . The name of the Corporation is Holy Name Affordable Housing Corporation. ARTICLE II t • pURATION The period of the Corporation' s existence is perpetual. ARTICLE III - pURPOSES The Corporation is organized exclusively for charitable and educational purposes. These purposes are: A. To encourage and assist the development .of decent housing for low and moderate income individuals and families primarily through the acquisition, construction and rental of such housing; to participate in joint ventures or otherwise with other not-f,or-profit and for-profit entities to accomplish such housing; to obtain, solicit, facilitate, encourage financial and funding .assistance for such housing ; to act as a conduit for contribution, financing, technical advice and other assistance from private and public institutions for impoverished areas: and generally to do • any and all things to enhance the overall quality of housing in impoverished neighborhoods . H. To transact any and all lawful business for which nonprofit corporations may be incorporated under the laws of the State of Nebraska, to the extent that such business may be conducted by organizations that qualify as exempt organizations under section 501(c) (3) of the Internal Revenue Code of 1986, as amended, or the corresponding provision of any future federal revenue Law, hereinafter referred to as the "Code. ' • C. To do everything necessary, proper, advisable and convenient for the accomplishment of the purposes — - - -- - * GO •. BOO -'4 PAW' VIP • set forth above, and to do all other things incidental thereto or connected therewith which are not forbidden by the laws of the State of Nebraska or by these Articles of Incorporation. ARTICLE I4 POWERS The Corporation shall have and exercise all powers and rights conferred upon nonprofit corporations by the Nebraska Nonprofit Corporation Act and any enlargement of such powers conferred by subsequent legislative acts. In addition, the Corporation shall have and exercise all powers and rights not otherwise denied nonprofit corporations by the laws, of the State of Nebraska which are necessary, proper, advisable or convenient for the accomplishment of the purposes set forth above in Article III . Notwithstanding any other provisions • of these Articles, the Corporation shall not carry on any f other activities not permitted to be carried on by (a) a corporation that qualifies as an exempt organization under section 5O1(c) (3) of the Code or (b) a corporation, contributions to which are deductible under section 170(c) (2) of the Code. In addition to the foregoing: 1. The Corporation shall distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by section 4942 of the Code. 2. The Corporation shall not engage in any act of self-dealing as defined in section 4941(d) of the Code. 3 . The Corporation shall not retain any excess business holdings as defined in section 4943(c) of the • Code. 4 . The Corporation shall not make any investments in such manner as to subject it tc tax under section . 4944 of the Code. 5 . The Corporation shall not make any taxable expenditures as defined in section 4945(d) of the Code. .ARTICLE V BYLAWS TO REGULATE INTERNAL AFFAIRS The Bylaws of the Corporation shall regulate the internal affairs of the Corporation, except any provisions • -2-- • 3519S • BOO )' ' PAG 7 • hereinafter set forth for the distribution of assets on dissolution or final liquidation. ARTICLE VI pISTRIBUTION 9F_ASSETS ON DISSOLUTION OR FINAL LIQUIDATION The Corporation is irrevocably dedicated to and operated exclusively for the purposes above stated, and no part of the • net income of the Corporation shall be distributed or inure to the benefit of any private individual; provided, however, that the Corporation may pay reasonable compensation for. services rendered and make payments and distributions which further the purposes set forth in Article III. Upon dissolution 'of the Corporation, the Board of Directors shall, after paying or making provisions for the payment of all liabilities of the Corporation, dispose of all of the assets of the Corporation exclusively for the purposes of the Corporation in such manner as shall at that time qualify under section 501(c) (3) of the Code, or to such organization or organizations as shall at that time qualify as an exempt organization or organizations under section• 501(c) (3) of the Code, or to the federal government, or to a state or local government, for a public purpose, as the Board of Directors shall determine. ARTICLE VII 1 NO POWER TO INFLUENCE LEGISLATION The Corporation shall not participate in• p any political campaign for or against any candidate for public office or devote a substantial part of its activities to influencing legislation. . ARTICLE VIII • REGISTERED OFFICE AND REGISTERED AGENT • The street address of the initial -registered office of the Corporation is 1650 Farnam Street, Omaha, Nebraska 68102 and the name of its registered agent at such address is P. Thomas Pogge. • ARTICLE IX • ;NITIAL BOARD OF DIRECTORS The number of directors constituting the initial Board of Directors shall be three and the names and street • -3- • 3519S . , p�IGE i -- - addresses of the persons who are to serve as the initial directors are as follows: Sister Marilyn F. Ross Edward R. Vaughn 3014 North 45th Street 3014 North 45th Street Omaha, Nebraska 68104. Omaha, Nebraska 68104 • Lisa A. Burks • 3014 North 45th Street Omaha, Nebraska 68104 ARTICLE X REMOVAL OF DIRECTORS At any meeting of the Board of Directors, any one or more of the directors may be removed' from the Board of ' '. Directors with or without cause by a vote of the majority of the directors, and a successor may be elected in the manner specified in the Bylaws. Any director whose removal has been proposed shall be given an opportunity to be heard at the meeting. - ARTICLE XI • NO MENDERS The Corporation shall have no members. • • ARTICLE XII np,ME AND ADDRESS OF INCORPORATORS The names and addresses of the Incorporators are: Sister Marilyn F. Ross P. Thomas Pogge 3014 North 45th Street 1650 Farnam Street Omaha, Nebraska 68104 Omaha, Nebraska 68102 DATED this 10 day of July, 1991. • Sister M¢ lyynn - Ros- orpora -r tie P. Tho' - - Pogge, fif Incorporator fi C RECEIVED 06/26 11:53 1998 AT 3'f4058B PAGE 2 (PRINTED PAGE 2) ] 06/26/1998 10:49 4024517187 HOLYNAMEHOUSING PAGE 02 • Secretary's Certification The undersi ed in his capacity as Secretary of South Omaha Affordable Housing Corporation, a Nebraska nonprofit corporation(the`Corporation"),does hereby certify that: Attached hereto as Exhibit A is a true and correct copy of the resolutions adopted on June 13. 1997. 1:s the Executive Committee of the Corporation. ti IN WITNESS WHEREOF,the undersigned has executed this Certificate in his capacity as Secretary of tilt corporation, as of this 26a'day of June 199S. John R. Holdenried Secretary, South Omaha Affordable l-lousing Gary R. Batenhorst, the duly elected President 'of South Omaha Affordable Housing Corporation (the "Corporation") , hereby certifies that the following resolutions were adopted by a telephonic meeting of the Executive Committee of the Corporation held on June 13 , 1997, as permitted by the by-laws of the Corporation. The following persons, being all members of the Executive Committee, were present : John Holdenried, Edward Kohout, Sister Marilyn Ross, and Gary Batenhorst. RESOLVED, that Sister Marilyn Ross is hereby appointed Executive Director of South Omaha Affordable Housing Corporation, to serve until her successor is appointed and has commenced to perform the duties of the Executive Director. RESOLVED, that South Omaha Affordable Housing Corporation, formerly known as Holy Name Affordable Housing Corporation (the "Corporation" ) , enter into contractual agreements with the City of Omaha for the acquisition, rehabilitation, construction and subsequent sale of properties to home buyers. IT IS FURTHER RESOLVED, that Sister Marilyn Ross, the Executive Director of the Corporation, - or Joyce Stevens, the Housing Coordinator of the Corporation, is hereby authorized and directed to take all actions and sign all documents on behalf of the Corporation required or desirable to enable the Corporation to encumber property and receive funds under the City of Omaha's Community Development Block - Grant and HOME Investment Partnerships Programs . These actions will include, but not be limited to, pledging certain assets of the Corporation to obtain these funds. Dated this 13th day of June, 1997 . - •tary R Batenhors GRB:vh:9703072 • South Omaha Affordable Housing Corporation Board of Directors Gary Batenhorst, Board Chairman • John Holdenried Vice President, Godfather's Pizza Baird Holm Law Firm 9140 W. Dodge Road 1500 Woodmen Tower Omaha, Ne. 68114 17th and Farnam Office Phone: 391-1452 Omaha, Ne. 68102-2069Office Phone 344-0500 Home Address: 362 S. 160th St. Home Address: 502 Happy Hollow Blvd. Omaha, Ne. 68118 Omaha, Ne. 68106 Karen Bluvas, Neighborhood Resident Cathy Kelly Dahlman Neighborhood Organization Douglas County Board 824 Worthington Omaha/Douglas Civic Center Omaha, Ne. 68108 1819 Farnam Office Phone: 341-7193 • Omaha, NE. 68183 , Home Address: 624 Worthington Office Phone: 444-6072 Omaha, Nebraska 68108 Home Address: 8328 Broadmoor Drive Omaha, ne. 68114 John Bluvas, Neighborhood Resident Dahlman Neighborhood Organization Edward Kohout 824 Worthington 6014 Poppleton Avenue . Omaha, Ne. 68108 Omaha, NE. 68106 Office Phone: 341-7193 Phone: 558-6559 Home Address: 624 Worthington Omaha, Nebraska 68108 Frank Palma 6604 South 27th Street Manual DeLuna, Neighborhood Resident Omaha, Ne.68107 733-8706. 6205 S. 27th St. . Omaha, Ne. 68108 Perry Poyner Home Phone: 731-3517 Alley Poyner Architecture, PC 1213 Jones St. Mary Lee Fitzsimmons Omaha, Ne. 68102 Indian Chicano Center Office Phone: 341-1544 2906 S. 24th Street Omaha, Ne. 68108 Jim Swoopes Office Phone: 345-5898 First National Bank 1620 Dodge Street-Fifth Floor Diana Fortenbury, Neighborhood Resident Omaha, Ne. 68102 Employee Benefits Service Administrator Office Phone: 633-3654 Fax:633-3885 Catholic Health Initiatives Home Address: 2516 Nottingham Drive 2319 South 11st Street Bellevue, Nebraska 68123 Omaha, Ne. 68108 Home Phone: 346-3751 Michael Van Meter,Administrator St. Joseph Villa Gene Graves, Executive Vice President 2305 S. 10th St. Metro Omaha Builders Association Omaha, ne. 68108 11421 Davenport Street Office Phone 345-5883 Omaha, Ne. 68154 Office Phone: 333-2000 Maria Valentin, Executive Director Home Address: 11216 William Plaza Nebraska Association of Farmworkers Omaha, Ne. 68144 2900 0 Street, Suite 631 Omaha, ne. 68107 Gina Ponce Guidoni, Neighborhood Resident Office Phone: 734-4100 Executive Director Chicano Awareness Center Louis Wright, Executive Director 4825 S. 24th Street Omaha 100 Omaha, Ne. 68107 Office Phone:733-2720 2424 Cuming Street Omaha, Ne. 68131 Tim Hall, Deputy Director Office Phone: 342-3773 Department of Insurance State of Nebraska 941 'O' Street, Suite 400 Effective 3/16198 Lincoln, NE. 65808-3690 Office Phone: 402-471-2201 • i Al aculate Conception School Financial Summary lmm to a) SOURCES AND USES OF FUNDS sw PER UNIT =- PURCHASE BUILDING 150,000 7,895 CONSTRUCTION COSTS 1,201,730 63,249 CONTRACT/ DEV FEES & OH 270,000 14,211 0. SOFT COSTS 178,870 9,414 RESERVE ACCOUNTS 36,500 1.921 TOTAL USE OF FUNDS 1,837,100 96,689 . TAX CREDIT PROCEEDS 1,121,246 59,013 1 4 • TAX INCREMENT FINANCING 175,000 9,211 1190,000 10,000 !I HOME AHP 170,00045 38,000,600 2,400 8,947 �I ��� F CONVENTIONAL FINANCING NEBRASKA TRUST FUND 97,254 2,0002, 0 CAPITAL CONTRIBUTION 1,837,100 96,689 I TOTAL SOURCE OF FUNDS SUMMARY OF INCOME & EXPENSES Annual ANNUAL OPERATING INCOME 44% AMI RENTS ' 1 Bedrooms 3 335 12,060 1 2 Bedrooms 14 395 66,360 3 Bedrooms 2 450 10,800 ; 89,220 19 T' LESS 5% VACANCY LAUNDRY INCOME 8 1,953,93 i.i .' GROSS ANNUAL INCOME (8 ,61 ) TOTAL OPERATING EXPENSES (2029/UNIT) GROSS OPERATING INCOME 48,161i . f 1ST COMBINED DEBT SERVICE 170,0001.11 (20,389) MORT LOAN AMOUNT 00 INTEREST RATE TERMS 15.00 r OPERATING INCOME AFTER 1ST MORTGAGE 27,772 (22,883) 2ND DEBT SERVICE ,175000 MORT LOAN AMOUNT 00 (TIF) INTEREST RATE 13.009. TERMS4,88g 96 NET OPERATING INCOME d; Exhibit "C" NON-RECOURSE REPAYABLE LOAN PROMISSORY NOTE PROJECT NO. HOME Multi-Family PLACE: 2716 South 24th Street Rehabilitation Program Omaha,Douglas County,Nebraska LOAN NO. DATE: FOR VALUE RECEIVED,the undersigned hereby promises to pay to the order of the CITY OF OMAHA (hereinafter, the "City"), acting by and through the Director of the Planning Department or its successors, the principal sum of One Hundred Seventy Thousand and No/100 Dollars ($170,000.00), as hereafter provided, as follows: 1. Payment shall be deferred for fifteen years at an interest rate of zero percent (0%) from and after December 1, 1999. 2. On January 1,2014,the principal amount, One Hundred Seventy Thousand Dollars ($170,000.00), shall be amortized over a period of thirty (30) years in 360 equal monthly installments of Four Hundred Seventy-Two and 22/100 Dollars ($472.22). All payments on this Note shall be made in lawful money of the United States at the principal office of the City of Omaha, 1819 Farnam Street, Omaha,Nebraska or at such other place or places as shall be designated in writing for such purposes by the City. The undersigned reserves the right to prepay at any time all or any part of the principal amount of this Note, without the payment of penalties or premiums. In the event that the undersigned shall fail to pay any installment of principal when due, and such default in payment continues for a period of fifteen(15) days after written notice thereof has been given by the City to the undersigned,the City may at any time thereafter, at its option, declare the entire unpaid balance of principal at once due and owing, without further notice. Failure of the City to exercise such option shall not constitute a waiver of such default. No default shall exist by reason of nonpayment of any required installment of principal, so long as the amount of any optional prepayments already made pursuant hereto equals or exceeds the amount of the required installments. If the principal of this Note is not paid during the calendar month which includes the due date, the undersigned shall pay to the City a late charge of 4%per calendar month, or fraction thereof, on the amount past due and remaining unpaid. Except for the provisions of Section 6.8 of the Agreement, approved by the City Council on , 1998,Resolution No. the principal on this Note shall be due and payable on the first day after the undersigned conveys, grants, mortgages, assigns or otherwise transfers its interest, or any portion thereof,in the property or improvements located 2716 South 24th Street in the City of Omaha, and legally described as: Lot 2, Wilcox Addition,Replat I, an Addition to the City of Omaha, as surveyed, platted and recorded in Douglas County, Nebraska, together with all improvements thereon, without the prior written consent of the Director of the Planning Department of the CITY OF OMAHA, which consent shall not be unreasonably withheld. Further and without limitation, it is expressly understood and agreed that the foregoing property and improvements may be subject to Deeds of Trust of first and second priority in a principal amount not to exceed One Million Eight Hundred Thirty-Seven Thousand One Hundred Dollars ($1,837,100.00) during the construction phase. Upon completion of the rehabilitation work,the City's lien shall be subordinate to an amount not to exceed Three Hundred Forty-Six Thousand Dollars ($346,000.00) or the amount of the first mortgage financing, the tax increment financing and reasonable closing costs. The loan evidenced by this Note is a non-recourse obligation of the undersigned. Neither the .undersigned nor any of its general and limited partners (or the partners, officers, directors or shareholders of any such partner) shall have any personal liability for repayment of any sum due under this Note or the Deed of Trust securing it. The sole recourse against the undersigned by the Lender under this Note and related Deed of Trust for repayment of the loan evidenced thereby shall be by the exercise by the Lender of its rights against the above-described property and improvements, and related security thereunder. Upon completion of the rehabilitation work,this Note shall be secured by no less than a third Deed of Trust upon the above-described property,which Deed of Trust is and shall be junior to the Deed of Trust in favor of an amount not to exceed the principal sum of Three Hundred Forty-Six Thousand Dollars ($346,000.00) or the actual amount of the first mortgage financing, the tax increment financing and reasonable closing costs. In the event that this Note should be reduced to judgment, such judgment shall bear interest thereon at the statutory rate, but not to exceed 9%per annum. If suit is instituted by the City to recover upon this Note, the undersigned agrees to pay all costs of such collection, including reasonable attorneys' fees and court costs. DEMAND,protest and notice of demand and protest are hereby waived,and the undersigned hereby waives, to the extent authorized by law, any and all homestead and other exemption rights which otherwise would apply to the debt evidenced by this Note. - 2 - IN WITNESS WHEREOF,this Note has been duly executed by the undersigned, as of the day and year above set forth. 2716 SOUTH 24TH STREET LIMITED PARTNERSHIP, a Nebraska Limited Partnership By: 2716 SOUTH 24TH STREET GENERAL PARTNER CORPORATION, a Nebraska Corporation, GENERAL PARTNER By: Tammy Barrett, President Date By: SOUTH OMAHA AFFORDABLE HOUSING CORPORATION, a Nebraska Non-Profit Corporation, GENERAL PARTNER By: Name Date Title APPROVED AS TO FORM: ASSISTANT CITY ATTORNEY Date P:\PLN3\3977A.PJM • - 3 - 4,-4 Eh;b; « D " CITY OF OMAHA /./OM' / 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 r., ,,,•• 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 0 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 • • 7 . ,t. 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/.9 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 all 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 • , . 0 % .1, , 6 a _ it •••44:-.4-_ :-. . , cb,6 sk ‘ ___ state — K I n• 1 Youne Street •Ve 4•4 \ , / 7;. -' ..:*•T‘71.71'4 s' ' ,,"" *It / ....., ..,,,, .• •ad Street ,..., (•'Ct .4,$.4••20.••;• , I ...,. , S ,..,., . e i .,..... ... :i„,„:•..,,,..f. I MILLER . . •---, . . Reth Stv 0, . • i i.11r211312122-1111 ' :•:.F1'• -.:•:. -...1.:f ....• 4--'44.t•;'". • •••• ,,• .'!'.- 1.•••;.,.. EIGHBORFI .. • ,•'•,'•:1 . ,--,-. c'y;•'..,c't....i•-•• ' ..... - I - -1,1' •• "O .'•;VA;r4,;..:.'-'.'''''il. :' fr• '`-..,1.... 4.(...:... 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Lii:, • - ,':-.‘c„,,, ,,,,-,„: ,,,,,,i,-;%, .„ allIght . .....,_..._ ...7. - CITY OF OMAHA AFFIRMATIVE MARKETING POLICY AND MONITORING PROCEDURES EOM E/ C Dj& Affirmative Marketing Policy In furtherance of the City of Omahas 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 advertisin.g.. , • . 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 effortsf'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 marked Exhibit 2. 714r(?) -3- _ _ 1 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 <-1\--"Alp 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 Needs (Disabilities, Pets, Etc.) Size of Dwelling Required: Remarks: Owner Date • • CITY OF OMAHA RENTAL REHABILITATION PROGRAM TENANT ASSISTANCE POLICY FtoME / CLa G- 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. The resources that are available to assist tenants will be provided by the property owner. Section 2 - Tenant Assistance I - 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. • • c �o • �, °��, � o cc"i ° 0 `05 0 o mace c ...-0 c o 0 o m c ea c a c m —o m :4 CO m m m —.0 0 m m o m , c • y H m 0 o o m 0 m V y' m m V 0 e., E o m n. H °) '" �a a o`m Q mao c vi m mac m = m a m m y m a L 3 0 co cL m.0ym Ec mEmm - C I-- cP. c 2 m '. m— ° t=� C o m - -0 • Z o m 3�¢ m = > E0 m° co as 0 ai �� Q . c Z c y m •a> c o cmi c>oo� E a ow c co c m m.� lJJ O0 - - �' �� am m? Z.c a c• E—of c m c 13 m a c m CO cc o ? m • w scmi ° cm° o.-- co >°.cmm >Ct E • cm °c, maE 5ra. • O m LL eA -10 � m C m U L U T m m vdi a O W 7 N m °!n-L �. U m m C? m cn m� as m^- as E m cL at • o76 = cmo O. ai E m c . a s a m a a Q y a, `m m ° >,� � o E 2 •• m 7 3 C m m m g m Tom : Q. 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V as C '(n C'O 7 N _ r 1- r w 0 Q U (n .T CO C [[ •� O (0 • (a E x I` - (C Z U rN U r• N• w64 U. • . -a -20 p, & 1 qg General Decision Number NE980009 V - Superseded General Decision No. NE970009 (�� ` State: Nebraska 7//b / 4 • Construction Type: h; L1� r I RESIDENTIAL JJ County(ies) : CASS DOUGLAS SARPY RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories) • Modification Number Publication Date - 0 02/13/1998 1 06/26/1998 • • • • • • • • • • • • • • • • NE980009 Pa e: 1 ) • 0,0 d £T;tri._86 �j t nr._.. . 69VS-tSS-�Z6:X2A 'd321 '93S COUNTY(ies) : 7// /9y CASS - DOUGLAS - SARPY * BRSSBOOO].D 06/01/1995 - C,„ 1•„� BRICKLAYER Rates Fringes 1.���1 19. 00 4 . 80 CARP0444C 10/01/1997 Rates Fringes CARPENTER (includes acoustical • ceiling, batt insulation and drywall installer work) 16. 75 3 . 76 ELEC0022C - 06/01/1997 Rates Fringes ELECTRICIAN: Work on 4-story apartment buildings 20.70 3 . 75% +6.24 • ELEC0022E 04/01/1997 Rates Fringes . ELECTRICIAN: :Work on single family homes and apartments up to and including 3 stories 13 .68 ' 3 .5% + 3 .35 PLA505383 . 10/01/1997 Rates Fringes CEMENT MASON 16. 63 3 . 88 • PLUM0016E 06/01/1997 Rates - Fringes ' PLUMBER : 22 .42 - 5 .25 SUNE4003A 06/01/1984 Rates Fringes DRYWALL: Hanger 13 . 57 2 .10 Finisher & taper 8 . 64 INSULATOR ' 11 .21 IRONWORKER 13 . 00 2 . 00 - LABORERS: General 10 .41 - 1 . 80 Mason tender 10 .585 1 . 80 PAINTER 10 . 00 POWER EQUIPMENT OPERATORS: Loader 13 .49 SHEET METAL WORKER 11.89 1 .34 TRUCK DRIVER - 10 .27 NE580009 Page: 2 SO 'd trT:bT 86. SiInC 69bS-ISS-SI6:XEd 'd321 'J S • • 1 tgl-9 7 /.9/ e WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . - Unlisted classifications needed for work not included within the scope of the classifications listed may be added after • award only as provided in the labor standards contract clauses (29 CFR 5.5 (a). (1) (v) ) . • In the listing above, the "SUIT designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates . Other designations indicate unions whose rates have been determined to be • prevailing. • ` WAGE DETERMINATION APPEALS PROCESS - • 1 . ) Has there been an initial decision in the matter? This can be: • * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a • position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the • Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. • With regard to any other matter not yet ripe for the -formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to:' Branch of Construction Wage . Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 - 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request • • review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1. 8 and 29 CFR Part 7) . Write to: - Wage and Hour Administrator U.S. Department of Labor - NE980009 Pag 3 4114611110 90'd ST:VI 86. LI VT 6917S-ISS-iI6:XE3 'd321 '3 S '�.:__ • • . 200 Cons titution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of th6 interested party' s position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals- Board) . Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C.: 20210 4 . ) All decisions by the Administrative Review Board are final. END OF GENERAL _DECISION • • • NE9 80009 Page: 4 1L 2.0'd 9I:17I 86, £T lnf 69VS-TSS-St6:xp3 'd3?J 'J3S Federal Labor Standards Provisions U.S. Department of Housing and Urban Development ,r Applkabil ty • The Project or Program to which the construction work covered by this HUD or its designee shall refer the questions,including the views of all contract pertains is being assisted by the United States of America and the interested parties and the recommendation of HUD or its designee,to the following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator,or an authorized repre- pursuant to the provisions applicable to such Federal assistance. sentative,will issue a determination within 30 days of receipt and so advise A.1.(I)Minimum Wages.All laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within the 30-day ing upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by the Office of Man- 1937 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.) of the project),will be paid unconditionally and not less often than once a (d)The wage rate(including fringe benefits where appropriate) week,and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(txb)or(c)of this paragraph,shall such payroll deductions as are permitted by regulations issued by the be paid to all workers performing work in the classification under this con- Secretary of Labor under the Copeland Act(29 CFR Part 3),the full amount tract from the first day on which work is performed in the classification. of wages and bona fide fringe benefits(or cash equivalents thereof)due at (li()Whenever the minimum wage rate prescribed in the contract for a time of payment computed at rates not less than those contained in the class of laborers or mechanics includes a fringe benefit which is not wage determination of the Secretary of Labor which is attached hereto and expressed as an hourly rate,the contractor shall either pay the benefit as made a part hereof,regardless of any contracture'relationship which may stated in the wage determination or shall pay another bona fide fringe be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof. mechanics.Contributions made or costs reasonably anticipated for bona (iv)If the contractor does not make payments to a trustee or other third fide fringe benefits under Section 1(bX2)of the Davis-Bacon Act on behalf person,the contractor may consider as part of the wages of any laborer or of laborers or mechanics are considered wages paid to such laborers or mechanic the amount of any costs reasonably anticipated in providing mechanics,subject to the provisions of 29 CFR-5.5(ax1xiv);also,regular bona fide fringe benefits under a plan or program,Provided.That the contributions made or costs incurred for more than a weekly period(but Secretary of Labor has found,upon the written request of the contractor. not less often than quarterly)under plans,funds,or programs,which cover that the applicable standards of the Davis-Bacon Act have been met.The the particular weekly period,are deemed to be constructively made or Secretary of Labor may require the contractor to set aside in a separate incurred during such weekly period. account assets for the meeting of obligations under the plan or program. Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget under OMB Control and fringe benefits on the wage determination for the classification of work Number 1215-0140.) actually performed,without regard to skill,except as provided in 29 CFR 2.Withholding.HUD or its designee shall upon its own action or upon Part 5.5(ax4).Laborers or mechanics performing work in more than one written request of an authorized representative of the Department of Labor classification may be compensated at the rate specified for each classifica- withhold or cause to be withheld from the contractor under this contract or ton for the time actually worked therein:Provided,That the employer's pay- any other Federal contract with the same prime contractor,or any other roll records accurately set forth the time spent in each classification in - Federally-assisted contract subject to Davis-Bacon prevailing wage which work is performed.The wage determination(including any additional requirements,which is held by the same prime contractor so much of the classification and wage rates conformed under 29 CFR Part 5.5(ax1xii)and accrued payments or advances as may be considered necessary to pay the Davis-Bacon poster(WH-1321)shall be posted at all times by the con- laborers and mechanics,including apprentices.trainees and helpers. tractor and its subcontractors at the site of the work in a prominent and • employed by the contractor or any subcontractor the full amount of wages accessible place where it can be easily seen by the workers. required by the contract In the event of failure to pay any laborer or (if)(a)Any class of laborers or mechanics which is not listed in the . mechanic,including any apprentice.trainee or helper,employed or working wage determination and which is to be employed under the contract shall on the site of the work(or under the United States Housing Act of 1937 or be classified in conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or development of the approve an additional classification and wage rate and fringe benefits • project),all or part of the wages required by the contract.HUD or its desig- therefore only when the following criteria have been met nee may,after written notice to the contractor,sponsor,applicant or owne'. (1)The work to be performed by the classification requested is not take such action as may be necessary to cause the suspension of any performed by a classification in the wage determination;and further payment advance,or guarantee of funds until such violations have (2)The classification is utilized in the area by the construction ceased.HUO or its designee may.after written notice to the contractor.dis- industry;and burse such amounts withheld for and on account of the contractor or sub- (3)The proposed wage rate,including any bona tide fringe bane- contractor to the respective employees to whom they are due.The Comp- fits,bears a reasonable relationship to the wage rates contained in the trotter General shall make such disbursements in the case of direct wage determination. Davis-Bacon Act contracts. (b)If the contractor and the laborers and mechanics to be employed 3.(I)Payrolls and basic records.Payrolls and basic records relating in the classification(if known),or their representatives,and HUD or its thereto shall be maintained by the Contractor during the course of the work designee agree on the classification and wage rate(including the amount preserved for a period of three years thereafter for all laborers and • designated for fringe benefits where appropriate),a report of the action • mechanics working at the site of the work(or under the United States taken shall be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937.or under the Housing Act of 1949,in the construction and Hour Division.Employment Standards Administration.U.S.Department or development of the project).Such records shall contain the name. of Labor,Washington,D.C.20210.The Administrator,or an authorized address,and social security number of each such worker,his or her cor- representative,will approve,modify or disapprove every additional classifi- rect classification,hourly rates of wages paid(including rates of contribu- cation action within 30 days of receipt and so advise HUD or its designee lions or costs anticipated for bona fide fringe benefits or cash equivalents or will notify HUD or its designee within the 30-day period that additional thereof of the types described in Section 1(b)(2)(B)of the Davis-b..con Act). time is necessary.(Approved by the Office of Management and Budget . daily and weekly number of hours worked,deductions made and actual under OMB control number 1215-0140.) wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5 (c)In the event the contractor,the laborers or mechanics to be - (a)(lxiv)that the wages of any laborer or mechanic include the amount of employed in the classification or their representatives,and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro- designee do not agree on the proposed classification and wage rate gram described in Section 1(b)(2XB)of the Davis-Bacon Act the contractor (including the amount designated for fringe benefits,where appropriate), shall maintain records which show that the commitment to provide such Previous Edition is Obsolete H3-4910(2•=• (HBr13•• benefits•is enforceable,that the plan or program is financially responsible, apprentice.The allowable ratio of apprentices to journeymen on the job site and that the plan or program has been communicated in writing to the in any craft classification shall not be greater than the ratio permitted to the laborers or mechanics affected,and records which show the costs antici- contractor as to the entire work force under the registered program.Any pated or the actual cost incurred in providing such benefits.Contractors worker listed on a payroll at an apprentice wage rate,who is not registered employing apprentices or trainees under approved programs shall maintain or otherwise employed as stated above,shall be paid not less than the wntten evidence of the registration of apprenticeship programs and certifi, .applicable wage rate on the wage determination for the classification of cation of trainee programs.the registration of the apprentices and trainees. work actually performed.In addition,any apprentice performing work on and the ratios and wage rates prescribed in the applicable programs. the job site in excess of the ratio permitted under the registered program (Approved by the Office of Management and Budget under OMB Control shall be paid not less than the applicable wage rate on-the wage determi- Numbers 1215-0140 and 1215-0017.) .nation for the work actually performed.Where a•contractor is performing (ii)(a)The contractor shall submit weekly for each week in which any construction on a project in a locality-other than that in which its program is contract work is performed a copy of all payrolls to HUD or its designee-if registered,the ratios and wage rates(expressed in percentages Of the jour- the agency is a party to the contract but if the agency is not such a party, •neyman's hourly rate)specified-in the contractor's or subcontractor's regis- the contractor will submit the payrolls to the applicant sponsor,or owner, tered program shall be observed.Every apprenctice must be paid at not as the case may be,for transmission to HUD or its designee.The payrolls less than the rate specified in the registered program for the apprentice's submitted shall set out accurately and completely all of the information level of progress,expressed as a percentage of the journeymen hourly rate required to be maintained under 29 CFR Part 5.5(a)(3)(i).This information specified in the applicable wage.determination.Apprentices shall be paid may be submitted in any form desired.Optional Form WH-347 is available fringe benefits in accordance with the provisions of the apprenticeship for this purpose and may be purchased from the Superintendent of Docu- program.If the apprenticeship program does not specify fringe benefits. ments(Federal Stock Number 029-005-00014-1),U.S.Government Printing apprentices musttse paid the full amount of fringe benefits listed on the Office,Washington.DC.20402.The prime contractor is responsible for the wage determination for the applicable classification.If the Administrator submission of copies of payrolls by all subcontractors.(Approved by the determines that a different practice prevails for the applicable apprentice Office of Management and Budget under OMB Control Number ._.. classification:fnnges shall be paid in accordance with that determination.In 1215-0149.) the event-the Bureau of Apprenticeship and Training,or a State Appren- (b)Each payroll submitted shall be accompanied by a"Statement of ticeship Agency recognized by the Bureau,withdraws approval of an Compliance,"signed by the contractor or subcontractor or his or her agent apprenticeship program,-the contractor will no longer be permitted to utilize .vho pays or supervises the payment of the persons employed underthe.' apprentices at less than the-applicable predetermined rate for the work ontract and shall certify the following: performed until an acceptable program is approved. (1)That the payroll for the payroll period contains the information (ii)Trainees.Except as provided in 29 CFR 5.16,trainees will not be -quired to be maintained under 29 CFR Part 5.5(a)(3)(i)and that such permitted to work at less than the predetermined rate for the work per- :formation is correct and complete: - . formed-unless-they are employed pursuant to and individually registered in (2)That each laborer or mechanic(including each helper. .. a program which has received prior approval:evidenced by formal certiti- :pprentice.and trainee)employed on the contract during the payroll period cation by the U.S.Department of Labor,Employment and Training Admini- tas been paid the full weekly wages earned•without rebate.either directly station.The ratio of trainees'to journeymen on the job site shall not be or indirectly,and that no deductions have been made either directly or indi- greater permitted under the plan approved'by the Employment and rectty from the full wages earned,other than permissable deductions as set Training Administration.Every trainee must be paid at not less than the rate forth in 29 CFR Part 3; specified in the approved program for the trainee's level of progress. (3)That each laborer or mechanic has been paid not less than the expressed as a percentage of the jounleymat5•hWrly rate specified in the applicable wage rates and fringe benefits or cash equivalents for the clas- applicable wage determination.Trainees shall be paid fringe benefits in sication of work performed.as specified in the applicable wage•determina- accordance with the provisions of the trainee program.If the-trainee pro- non incorporated into the contract - • - •. gram does not mention fringe benefits;trainees shall be paid the full (c)The weekly submission of a properly executed certification set amount of fringe benefits listed on the wage determination unless the forth on the reverse side of Optional Form WH-347 shall satisfy the Administrator of the Wage and Hour Division determines that there-is an requirement for submission of the"Statement of Compliance"required by apprenticeship program associated with the corresponding journeyman paragraph A.3.(ii)(b)of this section. wage rate on the wage determination which provides for less than full (d)The falsification of any of the above certifications may subject the fringe benefits for apprentices.Any employee listed on the payroll at a contractor or subcontractor to civil or criminal prosecution under Section. trainee rate who is not-registered and participating in a training plan 1001 of Title 18 and Section 231 of Title 31 of the United States Code: approved by the Employment and Training Administration shall be paid-not (iii)The contractor or subcontractor shall make the records required- less than the applicable wage rate on the wage determination for the-work under paragraph A.3.(i)of this section available for inspection,copying,or actually performed.In addition,any trainee performing work on the job site transcription by authorized representatives of HUD or its designee or the in excess of the ratio permitted-under the registered program shall be paid Department of labor,and shall permit such representatives to interview.. not!ess than the applicable wage rate on the wage determination for the employees during working hours on the job.If the contractor or subcon- work actually performed.In the event the Employment and Training Admin- tractor fails to submit the required records or to make them available,HUD istration withdraws approval of a training program,the contractor will no or its designee may,after written notice to the contractor,sponsor.appli- longer be permitted toutilize trainees at less than the applicable predeter- :ant or owner,take such action as may be necessary tdcause-the sus- mined rate for the work performed until an acceptable program is pension of any further payment advance,or-guarantee of funds.-.Further- approved. more,failure to submit the required records upon request or to make such (iii)Equal'employm+ent opportunity.The utilization of apprentices. records available may be grounds for debarment action pursuant to 29 • trainees and journeymen under this part shall be in conformity with the CFR Part 5.12. equal'employment opportunity requirements of Executive Order 11246,as 4.(i)Apprentices and Trainees.Apprentices.Apprentices will be per- amended,and 29 CFR-Part 30. - • mitted to work at less than the predetermined rate for the work they per- 5.Compliance with Copeland Act requirements.The contractor shall 'ormed when they are employed pursuant to and individually registered in a comply with the requirements of 29 CFR Part 3 which are incorporated by bona fide apprenticeship program registered with the U.S.Department of reference in this contract - abor,Employment and Training Administration,Bureau of Apprenticeship 6.Subcontracts.The contractor or subcontractor will insert in any sub- and Training,or with a State Apprenticeship Agency recognized by the contracts the-clauses contained in 29 CFR 5.5(a)(1)through(10)and such 9ureau,or if a person is employed in his or her first 90 days of probationary other clauses as HUD or its designee may by appropriate instructions • employment as an apprentice in such an apprenticeship program,who is• require.and also a clause requiring the subcontractors to include these lot individually registered in the program,but who has been certified by the clauses in any lower tier subcontracts.The prime contractor shall be -3ureau of Apprenticeship and Training or a State Apprenticeship Agency responsible for the compliance by any subcontractor or lower tier subcon- where appropriate)to be eligible for probationary employment as an • tractor with all the contract clauses in 29 CFR Part 5.5. HUD-400 01 • F ' 7.Contracte termination;debarment.A breach of the contract clauses in compensation at a rate not less than one and one-half times the 29 CFR 5.5 may be grounds for termination of the contract and for debar- basic rate of pay for all hours worked in excess of forty hours in such workweek. ment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8.Compliance with Davis-Bacon and Related Act Requirements.All nil- (2)Violation;liability for unpaid wages;liquidated damages.In re ings and interpretations of the Davis-Bacon and Related Acts contained in event of any violation of the clause set forth in subparagraph(1)of this 29 CFR Parts 1.3,and 5 are herein incorporated by reference in this paragraph.the contractor and any subcontractor responsible therefor shall contract be liable for the unpaid wages.In addition,such contractor and subcon- 9.Disputes concerning labor standards.Disputes arising out of the labor tractor shall be liable to the United States(in the case of work done uncle' standards provisions of this contract shall not be subject to the general contract for the District of Columbia or a territory.to such District or to such disputes clause of this contract Such disputes shall be resolved in actor- territory),for liquidated damages.Such liquidated damages shall be corn- dance with the procedures of the Department of Labor set forth in 29 CFR puted with respect to each individual laborer or mechanic,including Parts 5.6,and 7.Disputes within the meaning of this clause include dis- watchmen and guards.employed in violation of the clause set forth in sup- putes between the contractor(or any of its subcontractors)and HUD or its paragraph(1)of this paragraph,in the sum of$10 for each calendar day on designee,the U.S.Department of Labor,or the employees or their which such individual was required or permitted to work in excess cf representatives. the standard workweek of forty hours without payment of the 10.(i)Certification of Eligibility.By entering into this contract the con- overtime wages required by the clause set forth in subpara- tractor certifies that neither it(nor he or she)nor any person or firm who graph (1) of this paragraph. has an interest in the contractor's firm is a person or firm ineligible to be (3)Withholding for unpaid wages and liquidated damages. HUD or :s awarded Government contracts by virtue of Section 3(a)of the Davis- designee shall upon its own action or upon written request of art autro- Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts or partici- rized representative of the Department of Labor withhold or cause to oe pate in HUD programs pursuant to 24 CFR Part 24. withheld,from any moneys payable on account of work performed by the (ii)No part of this contract shall be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Fecera ineligible for award of a Government contract by virtue of Section 3(a)of contract with the same prime contract or any other Federally-assisted c:r.- the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act whic- or participate in HUD programs pursuant to 24 CFR Part 24. is held by the same prime contractor such sums as may be determined tb (iii)The penalty for making false statements is prescribed in the U.S. be necessary to satisfy any liabilities of such contractor or subcontra_c:c- Criminal Code. 18 U.S.C. 1001.Additionally,U.S.Crimnal Code.Section for unpaid wages and liquidated damages as provided in the cause se: 1010,Title 18.U.S.C.,"Federal Housing Administration transactions",pro- forth in subparagraph(2)of this paragraph. vides in part:"Whoever,for the purpose of. . .influencing in any way the (4)Subcontracts.The contractor or subcontractor shall insert r ar. action of such Administration. . . makes,utters or publishes any statement subcontracts the clauses set forth in subparagraph(1)through 14)Of:'is knowing the same to be false. . . shall be fined not more than 55.000 or paragraph and also a clause requiring the subcontractors to include:nese imprisoned not more than two years.or both." clauses in any lower tier subcontracts.The prime contractor shall be 11.Complaints,Proceedings,or Testimony by Employees.No laborer or responsible for compliance by any subcontractor or lower tier subcc"tra_- mechanic to whom the wage.salary,or other labor standards provisions of tor with the clauses set forth in subparagraphs(1)through(4)cf this this Contract are applicable shall be discharged or in any other manner paragraph. discriminated against by the Contractor or any subcontractor because such C.Health and Safety employee has filed any complaint or instituted or caused to be instituted (1)No laborer or mechanic shall be required to work in surroundincs any proceeding or has testified or is about to testify in any proceeding or under working conditions which are unsanitary,hazardous,or darger- under or relating to the labor standards applicable under this Contract to ous to his health and safety as determined under construction safety arc his employer. health standards promulgated by the Secretary of Labor by regulation. B Contract Work Hours and Safety Standards Act.As used in this para- (2)The Contractor shall comply with all regulations issued by the graph.the terms"laborers"and"mechanics"include watchmen and Secretary of Labor pursuant to Title 29 Part 1926(formerly part 15181 arc guards. failure to comply may result in imposition of sanctions pursuant to the Con- (1) Overtime requi rements. No contractor or subcontractor tract Work Hours and Safety Standards Act(Public Law 91-54.83 Sat 96). contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require (3)The Contractor shall include the provisions of this Article in ever, or permit any such laborer or mechanic in any workweek in which subcontract so that such provisions will be binding on each subcontractor. he or she is employed on such work to work in excess of forty The Contractor shall take such action with respect to any subcontract as hours in such workweek unless such laborer or mechanic receives the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. • L- , HUD.401012-- c-25a CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr August 25 19 98 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: • WHEREAS,under Title II of the National Affordable Housing Act of 1990, the City of Omaha annually receives a HOME Investment Partnerships Program entitlement for the purpose of providing affordable housing opportunities for low income households, eliminating slums and blight, and for other urgent community development needs; and, WHEREAS, the City Council, on December 16, 1977, by Resolution No. 3397, approved the 1998 Consolidated Submission for Community Planning Development Programs which included the HOME Multi-Family Rehabilitation Program; and, WHEREAS, following a request for proposals and an in-depth review of each, the 2716 South 24th Street Limited Partnership was awarded $170,000.00 for the renovation of the historic Immaculate Conception School; and, WHEREAS, the 2716 South 24th Street Limited Partnership has had the property inspected, a work write-up completed and has solicited bids which indicate the total cost of the property located at 2716 South 24th Street to be$1,837,100.00; and, WHEREAS,in addition to the$170,000.00 HOME Repayable Loan, sources of funds include a $170,000.00 bank loan and $1,497,100.00 in the form of tax increment financing, tax credits, Nebraska Trust Fund, Affordable Housing Program Funds, and general partner capital contributions; and, WHEREAS,this property is eligible for funding under the City's HOME Multi-Family Rehabilitation Program; and, WHEREAS, Section 5.17 of the Omaha Municipal Code, effective May 10, 1994, requires that any expenditure exceeding Twenty Thousand Dollars($20,000.00)be approved on an individual basis by the City Council; and, WHEREAS,it is in the best interest of the citizens of the City of Omaha to enter into an agreement with 2716 South 24th Street Limited Partnership to provide partial financing to rehabilitate Immaculate Conception School located at 2716 South 24th Street. By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA „ - LEGISLATIVE CHAMBER Omaha,Nebr August 25, 19 98 PAGE 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the attached Agreement, as recommended by the Mayor, between the City of Omaha and 2716 South 24th Street Limited Partnership, a Nebraska Limited Partnership, 1025 Leavenworth Street, Omaha,Nebraska 68102,in the amount of$170,000.00 to renovate Immaculate Conception School at 2716 South 24th Street into 19 apartments and the subsequent rental of each unit to low and moderate households, is hereby approved. Funding shall be in the form of a HOME Repayable Loan. These funds shall be payable from the HOME Multi-Family Rehabilitation Program Fund No. 186, Organization No. 5011. APPROVED AS TO FORM: ZiLej),c4 c d-/- -.(5yei 7 /5--781 ASSISTANT CITY ATTORNEY DATE P:\PLN3\3976.PJM At.t1/37/-29eft... By Councilmember Adopted Q�� 5 1998 .. , City Clerk Approved..if,.,.. ayor ? 411( la ram « w 4 Atst ".`-"` 0, _ �, :+• • w. : Iik 4 i .0- ar4vn o c� I 2 � w 0 'N^ p p cpu �. � � cZu �/� � p • c70:4 cDrit s c .3 . o r* .o ,-t o .. crgE " pa'sc, - t-4 00. si CD n CD o ." x� o , o o a' 0 r FL ca. a4 s r'P a.tq D O F. • • • • • • • • F ' / \ J