RES 1998-2104 - Agmt with UMCAN for rehabilitation of single family dwellings - 4 5- re. .,., ,
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July 28, 1"99"$4" "`"",�IJ!\ 1
City of Omaha
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The attached proposed Resolution authorizes a Community Development Block Grant (CDBG)
Revolving Loan Fund of$100,000.00 for the United Minority Contractors Association of Nebraska
(UMCAN), a Nebraska non-profit corporation, located at 2221 North 24th Street, Omaha,Nebraska
68110. The Agreement allocates $100,000.00 from FY 98 CDBG funds which is included in the
1998 Consolidated Submission for Community Planning and Development Programs approved by
the City Council on December 16, 1997, by Resolution No. 3397.
The $100,000.00 Revolving Loan Fund will be used by the UMCAN to purchase, rehabilitate, and
market approximately four previously vacant, substandard single-family houses to home-buyers in
an area North of Dodge Street and East of 60th Street.
All homes will be initially purchased by households whose annual incomes are less than or equal
to 80% of the Median Income by Family Size.
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.
Authorizing the approval of this proposed Agreement will allow UMCAN to successfully complete
this worthwhile housing development project. We urge your favorable consideration of this
Agreement.
Respectfully submitted, Referred t the City Council for Consideration:
-1z1.1 -1-- - 6-- -/-.1fr 7 .
45 --7/4.m.
Robert C. Peters, Acting Director Date Mayor's Office/Title Date
Planning Department
e .proved as to Funding: Approved:
4.4:g )trie-egoec_ f-v-e:i
ouis A. D'Ercole ii �� Date George aDavis, Jr. itytiii. rid.yr
Date
Finance Director tY Human Relations Director
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AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal
Corporation in Douglas County, Nebraska, also referred to as "City", and the United Minority
Contractors Association of Nebraska (UMCAN), a Nebraska non-profit corporation, 2221 North
24th Street, Omaha, Nebraska 68110, (sometimes hereinafter referred to as "UMCAN") for the
acquisition,rehabilitation, and marketing for sale of previously vacant, substandard single-family
homes in the area North of Dodge Street and East of 60th Street.
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 City annually receives Community Development Block Grant (CDBG)
funds under Title I of the Housing and Community Development Act of 1974, as amended, for the
purpose of benefitting low and moderate income residents, eliminating slums and blight, and for
other urgent community development needs; and,
WHEREAS,the City Council approved the City of Omaha's 1998 Consolidated Submission
for Community Planning and Development Programs (Consolidated Plan) on December 16, 1997,
by Resolution No. 3397, setting out the City's Community Development Program for 1998; and,
WHEREAS, the UMCAN Revolving Loan Fund Program was included in the FY98
Consolidated Plan and$100,000.00 was allocated to the program; and,
WHEREAS,UMCAN proposed to purchase,rehabilitate, and market for sale approximately
four homes during the term of this Agreement; and,
WHEREAS, UMCAN plans to provide mortgage financing to potential homeowners at an
affordable rate; and,
WHEREAS, a determination has been made that this project provides or improves housing
which is determined to benefit low and moderate income persons or addresses slums and blighted
conditions on a spot basis; and,
WHEREAS, it is in the best interest of the citizens of the City of Omaha to continue the
acquisition and rehabilitation of vacant, substandard single-family dwelling units in North Omaha.
NOW, THEREFORE, in consideration of these mutual covenants, the United Minority
Contractors Association of Nebraska and the City of Omaha agree as follows:
Section 1. Definitions
The following terms shall have the following meanings for all purposes in this Agreement:
1.1 "Contractor" shall mean-the United Minority Contractors Association of Nebraska,
a Nebraska non-profit corporation, 2221 North 24th Street, Omaha,Nebraska 68110
(see Exhibit "A").
1.2 "City" shall mean-the City of Omaha, a Nebraska Municipal Corporation.
1.3 "Director" shall mean-the Planning Director of the City of Omaha.
1.4 "Target Area" shall mean-the area North of Dodge Street and East of 60th Street.
1.5 "Property" shall mean-those vacant, substandard or owner-occupied dwelling units
acquired and rehabilitated or those scheduled for acquisition or rehabilitation in the
Target Area.
1.6 "UMCAN" shall mean-United Minority Contractors Association of Nebraska.
1.7 "Revolving Loan Fund" shall mean-a separate fund established for the purposes of
carrying out specific activities which,in turn, generate payments to the fund for use
in carrying out such activities. Revolving Loan Fund is the program using the funds
as set out in this Agreement.
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•
1.8 "CDBG" shall mean - that portion of the Community Development Block Grant
awarded to the City, subject to and conditioned upon actual receipt of same by the
City of Omaha,as may be available to loan during the FY 1998 program year for the
use specified herein in an amount not to exceed $100,000.00, subject to the terms,
conditions and requirements of said Revolving Loan Fund Agreement.
1.9 "Client" shall mean-a qualified participant making application to UMCAN Housing
Revolving Loan Program.
1.10 "Authorized Projects" shall mean-those projects selected by the UMCAN staff
1.11 "Subrecipient" shall mean - a public or private non-profit agency, authority or
organization receiving CDBG funds to undertake eligible activities. In this
Agreement, the Subrecipient is the United Minority Contractors Association of
Nebraska.
1.12 "Recipient" shall mean-the City of Omaha.
1.13 "Program Income" shall mean - the gross income received by the Recipient or
Subrecipient directly generated from the use of CDBG funds. When such income is
generated by an activity that is only partially assisted with CDBG funds,the income
shall be prorated to reflect the percentage of CDBG funds used(see Exhibit "B").
1.14 "Deferred Payment Loan Mortgage" shall mean - a loan of CDBG funds in an
amount not to exceed $15,000.00 for a rehabilitated property, made subject to the
terms, conditions and provisions of the loan agreement under which said loan is
made, secured by no less than a second mortgage/deed of trust on an individual
property, which shall provide, inter-alia, that same shall become due and payable
without interest upon the sale or transfer of ownership of the property, or portion
thereof, or interest therein by the Owner within 5 years from the date of loan closing
for a rehabilitated property.
After 5 years on the rehabilitated properties,the Deferred Payment Loan amount will
depreciate 50%with the remaining depreciated balance due upon sale or transfer of
the property. Following the initial depreciation,the Owner may choose to repay the
50%DPL balance over a period of time. Upon written request by the Owner to repay
the DPL balance,the Planning Department will determine the terms and conditions
of repayment.
1.15 "Construction Contract" shall mean-the ensuing contract for all Rehabilitation Work
to be performed upon the subject property within the Target Area.
1.16 "Rehabilitation Work" shall mean-the work to be performed on the property within
the Target Area and all work or services provided for in professional services or
construction contracts and as may be required hereunder.
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1.17 "Progress Payment" shall mean-that portion of the total construction contract paid
in one or more disbursements, based upon the value of the construction,
administrative or professional services work completed at the time the payment
request is made.
Section 2. Duties and Conditions of City Financing
Subject to and conditioned upon actual receipt of same,the City agrees to provide a CDBG
revolving loan fund not to exceed $100,000.00, subject to the following conditions:
2.1 Use of funds in the Revolving Loan Fund, plus any program income, is limited to
approved UMCAN acquisition/rehabilitation activities:
2.2 Loans must be made in compliance with UMCAN Loan Policies and Underwriting
Standards attached hereto as Exhibit "C" and made a part hereof by reference.
2.3 After completion of rehabilitation, the property must comply with all state, federal
and local laws, ordinances, regulations, and codes, including but not limited to,
Section 8 Housing Quality Standards for Existing Homes (HQS) as established by
the Department of Housing and Urban Development(HUD); such compliance being
determined by inspection of the property by representatives of the City.
2.4 Technical assistance will be provided by the City of Omaha Housing and Community
Development Division if requested by UMCAN.
2.5 The City will process requests for payment based upon billings for:
2.5.1 Any financing, legal, accounting or architectural costs associated with the
acquisition/rehabilitation of properties in the Target Area.
2.5.2 Costs associated with the acquisition of properties located in the Target
Area.
2.5.3 Acquisition costs for materials which will be used in the acquisition/
rehabilitation of properties located in the Target Area.
2.5.4 Costs incurred for labor associated with the acquisition/rehabilitation of
properties located in the Target Area.
2.5.5 Costs associated with utility hookups and site preparation of the properties
being acquired/rehabilitated in the Target Area.
2.5.6 Any demolition costs associated with the acquisition/rehabilitation of the
properties in the Target Area.
2.5.7 Partial construction financing for each single family house at no interest as
follows:
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A. In the case of a rehabilitated property, such construction financing
shall be secured by no less than a second mortgage or deed of trust to
the City of Omaha and shall be made without interest in an amount
not to exceed the amount of eligible costs as outlined in Section 2.5.1
through 2.5.7. Such loans shall become due and payable to the City
at the loan closing from the sale proceeds as each individual house is
sold.
B. At the closing of a loan for each sale of a house,the City shall release
its mortgage or provide a deed of reconveyance for its deed of trust
for such property.
2.5.8 Partial mortgage or deed of trust financing to qualified low and moderate
income buyers through the use of Deferred Payment Loans shall be secured
by a second mortgage or deed of trust on individual properties and shall not
exceed$15,000.00 (Exhibit C).
2.5.9 City funding pursuant to this Section shall be contingent upon receipt of and
subject to availability of Community Development Block Grant funds in
1998 in amounts adequate to meet any contractual obligations in force upon
the date of execution of this Agreement as well as this proposed obligation.
Should adequate funding not be available,the City shall notify UMCAN as
soon as reasonably possible. At this time, the responsibilities of the
UMCAN under Section 3 of this Agreement shall be released, and the
Agreement will be terminated.
2.5.10 Funds paying for contractual work shall be payable in consideration with the
construction progress payment schedule, in accordance with the Director's
prior approval.
2.6 The City agrees to loan UMCAN the sum of$100,000.00, conditioned upon actual
receipt of same, as revolving funds to carry out the services described herein. Funds
may be drawn from this account to meet actual approved costs incurred by UMCAN
as required. Any of the funds from this loan which are charged against the
acquisition/ rehabilitation of a house, as approved and outlined in 2.5.1 through
2.5.10 and 3.2, shall be secured by no less than a second mortgage or deed of trust
on the property. The amount of that mortgage or deed of trust shall be due in full
upon sale of the property.
2.7 The City will review and monitor the monthly reports that identify the progress/
accomplishments of the UMCAN on the activities included in this Agreement and
on contracts entered into with third parties pursuant hereto.
2.8 Funds received by the City from UMCAN shall be returned to the revolving loan
fund and be available to UMCAN in the same manner as the initial $100,000.00.
2.9 Funds are available from the revolving loan fund only for those activities which have
occurred during the term of this Agreement.
2.10 Upon receipt by the City of all the funds secured by each property, the City shall
release its mortgage or provide a Deed of Reconveyance for such property.
2.11 The City agrees to cooperate with UMCAN and to coordinate activities associated
with the implementation of the scope of work.
2.12 Any of the funds drawn from the loan account to fund approved loans must be
secured with a first or second mortgage/deed of trust on the real estate.
2.13 In consideration of the program services herein provided, the City agrees to pay
UMCAN the sum of$100,000.00, conditioned upon actual receipt of same, for the
UMCAN Housing Revolving Loan fund from Community Development Block
Grant, Fund 193, Organization Number 8323.
2.14 The City will provide partial mortgage financing to qualified home buyers through
the use of a Deferred Payment Loan Mortgage or Deed of Trust. In no event shall the
interest exceed an amount considered usurious under federal or state law. The
Deferred Payment Loan Mortgage or Deed of Trust shall be secured by no less than
a second mortgage or deed of trust and shall be approximately equal to the amounts
established in Exhibit "H" to this Agreement. This loan will be due in accordance
with Section 1.14 of this Agreement.
2.15 In the case of a foreclosure or upon receipt of a Deed in Lieu of Foreclosure, on a
home rehabilitated by UMCAN,UMCAN may buy out the first mortgage and repay
the City's Deferred Payment Loan. Upon repayment of the Deferred Payment Loan,
the City may provide a deferred payment loan to a subsequent purchaser in an
amount not to exceed that which is authorized by the Agreement in place at the time
the subsequent purchaser receives preliminary loan approval by the City.
2.16 The City may permit assumptions of its deferred payment loans provided the
proposed borrower meets all eligibility and underwriting requirements in effect at the
time the proposed borrower receives preliminary loan approval by the City.
2.17 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 UMCAN has submitted for and received the approval of the Director
of all of the following:
2.17.1 Duly executed contracts for Rehabilitation Work;
2.17.2 A Performance and Labor Materials Bond and/or an Irrevocable Letter of
Credit in force for one year following the completion of the Rehabilitation
Work from the Contractors in aggregate amounts of their contract bids. The
Bonds and/or Letters of Credit shall be in favor of the City and shall be
submitted for review and approval by the Director. The City reserves the
right to reject the Letters of Credit and choice of surety for the Bonds; and,
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2.17.3 Certificate of Insurance from all subcontractors in favor of the City and shall
be submitted for review and approval by the Director. The insurance
coverage shall be at a minimum for $200,000.00 bodily injury, or death,
$200,000.00 property damage and Workmen's Compensation.
2.18 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 American Institute of Architects
Document G702 "Application and Certificate for Payment", provided that no
payments shall be made for any acquisition,work,labor,material or expense incurred
which the Director, in his sole discretion, deems to be:
a. unacceptable or substandard; or,
b. not in accordance with this Agreement or the rehabilitation contract as
approved; or,
c. not in conformance with the applicable state, federal and local laws,
including,but not limited to,the building,plumbing and/or electrical codes;
or,
d. not in conformance with the working drawings and/or specifications as
approved.
Section 3. Duties and Responsibilities of the Contractor(UMCAN)
The Contractor(UMCAN) shall:
3.1 Abide by all terms and conditions of the City's Agreement.
3.2 Use the City's CDBG funds for those authorized items as outlined in Sections 2.5.1
through 2.5.10.
3.3 Maintain the property in a safe and sanitary condition, conform to City housing and
zoning ordinances and carry out the acquisition/rehabilitation in an efficient manner.
3.4 Acquire/rehabilitate approximately four properties in the Target Area during the term
of this Agreement and perpetuate the process with additional acquisition/
rehabilitation.
3.5 Provide services for clients as required in the Scope of Work Summary, attached
hereto as Exhibit"D" and made a part hereof by reference.
3.6 Submit an operating budget by line item indicating all proposed expenditures and
sources of revenue for the 1998 CDBG program year.
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3.7 Submit a monthly progress report to the City of Omaha, Director of Planning, the
progress report will delineate UMCAN staff accomplishments for the previous 30
day period.
3.8 Submit a monthly financial report(income statement) delineating the revenue and
line item expenditures for the UMCAN. In addition, a monthly check register is to
be submitted reflecting payee, date, amount and check number.
3.9 Submit monthly time sheet, which indicates the allocation of time spent among
CDBG and non-CDBG funded rehabilitation loan projects.
3.10 Comply with all provisions and regulations of the Community Development Block
Grant Program and have an annual audit completed in compliance with OMB
Circular A-133. The auditor shall determine the appropriate type of audit to be
conducted; i.e. limited scope or full compliance. A single audit is not an allowable
expense unless the subrecipient expends total Federal fund over$300,000.00 in each
fiscal year. A limited-scope audit may be allowable provided the auditor conducts
the audit in accordance with generally accepted auditing standards and the
subrecipient expends less than$300,000.00 in each fiscal year. OMB Circular A-133
is attached as Exhibit "E".
3.11 Maintain such records and accounts, including property, personnel and financial
records, as are deemed necessary by the City to assure a proper accounting for all
expenses. The Comptroller General of the United States, or any of their duly
authorized representatives, or any duly authorized representative of the City of
Omaha, as approved by the Planning Director, shall have access to any books,
documents, papers, records and accounts of the Contractor which are directly
pertinent to this project for the purpose of making audit, examination, excerpts and
transcriptions. Such records and accounts shall be retained for five years from the
contract period completion. Any contract entered into by the Contractor with any
contractor or subcontractor shall include this section to insure said access.
3.12 Make best efforts to ensure that construction services, contracts and employment
opportunities are affirmatively marketed to women and members of minority groups.
UMCAN shall submit to the director for his review and approval, a minority and
women business enterprises plan, which discusses employment opportunities for
persons in these groups. (See Exhibit"F").
3.13 Employ affirmative marketing procedures in the advertising and marketing of the
completed project. In marketing, UMCAN shall also conform to the non-
discrimination provisions hereinafter set forth. The UMCAN shall comply with the
affirmative marketing responsibilities specified in Exhibit "G".
3.14 Ensure that no Contractor or sub-contractor shall be used by UMCAN,who has been
disbarred or disqualified by the U.S. Department of Housing and Urban
Development, or by the City of Omaha.
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3.15 Ensure that all rehabilitation loans are made in compliance with the UMCAN Loan
Policies and Underwriting Standards attached hereto as Exhibit "C" and made a part
hereof by this reference.
3.16 Ensure that all work performed and the construction 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 Homes (HQS)
as established by HUD. The Director shall assist UMCAN in the same manner the
Director provides technical assistance to other developers during the construction
phase to ensure compliance with such requirements.
3.17 Ensure that the amount,not to exceed$15,000.00, and terms of each UMCAN loan
shall be in accordance with the UMCAN formula for determining amounts of
Deferred Payment Loans(Exhibit"H")and that the provisions of this Agreement are
included by reference in each mortgage or deed of trust.
3.18 Draw from the Revolving Loan Fund, sufficient funds to reimburse actual costs
incurred for the activities set out in Section 2.5.
3.19 Ensure that all revolving loans are secured by a first or second mortgage or deed of
trust in favor of the City of Omaha on the property upon which the revolving loan
funds are used.
3.20 Control the expenditure of dollars in direct loans, for rehabilitation projects which
have been approved by UMCAN.
3.21 Maintain fiscal integrity of the programs,which include all financial and narrative
reports required by the City of Omaha, and the U.S. Department of Housing and
Urban Development.
3.22 Assume responsibility for preparing or assisting in the collection of all reports and
other information required to make a decision relative to financing a client.
3.23 Assume responsibility for follow-up actions required for all clients receiving
assistance under this program.
3.24 Acquire bonding in the amount of$50,000.00 for UMCAN, Board of Directors and
employees entrusted with the handling of funds pursuant to this Agreement.
3.25 Ensure that the CDBG Revolving Loan funds shall only be used to finance the
acquisition/rehabilitation of housing units to be initially owned and occupied by
households whose annual income is less than or equal to 80%of the"Median Income
by Family Size (MFI)".
The "Median Income by Family Size (MFI)" refers to specific income data as
published by HUD and as further updated and revised by HUD to reflect the current
or most recent income level statistics, a copy of the relevant portion of which is
included in the Exhibit "I" and incorporated herein by this reference.
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3.26 Return to the City of Omaha any program income received within thirty(30)days of
receipt.
3.27 Acquire only vacant, substandard or owner-occupied properties for the purpose of
rehabilitation and subsequent sale to qualified applicants.
3.27.1 The acquisition of properties shall be voluntary arm's length transactions
and,prior to making an offer to purchase a property,UMCAN shall inform
the seller in writing:
a) That it does not have the power of Eminent Domain and, therefore,
will not acquire the property if negotiation fails to result in an
amicable agreement; and,
b) Of its estimate of the fair market value of the property. UMCAN
shall maintain reasonable evidence in its project files of the basis for
its estimate of the fair market value.
3.27.2 In no event shall a tenant-occupant of a property be displaced, either
permanently or temporarily, from the property as a direct result of an
authorized project. A move following a notice to vacate the property and
a move resulting from an owner's refusal to renew an expiring lease is
considered as displacement caused by the UMCAN.
3.27.3 In the event UMCAN displaces any tenant-occupant of a property, it shall
immediately notify the City in writing of the circumstances surrounding
said displacement. The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, as amended, shall govern any
displacement occurring as a result of an authorized project. In the event of
displacement,UMCAN shall be responsible for the payment of all required
relocation assistance payments.
3.28 UMCAN specifically hereby states, agrees and certifies that it is familiar with the
limited purpose set forth in the Federal Laws,Rules and Regulations,and in the laws
of the State of Nebraska for which personal information requested may be used, and
that the information received will be used solely for those limited purposes and not
to harass, degrade or humiliate any person. The information released shall be used
for the limited purpose stated, and UMCAN further agrees to indemnify and hold
harmless the City of Omaha for any liability arising out of the improper use by
UMCAN of the information provided.
3.29 The UMCAN 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 percentum of lead
by weight(calculated as lead metal)in the total nonvolatile content of the paint or the
equivalent measure of lead in the dried film of paint already applied. The Contractor
further agrees to abide by all Federal requirements regarding lead based paint poison
prevention.
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3.30 The UMCAN shall comply with all environmental requirements for review and
impact on the environment.
3.31 The UMCAN shall, if applicable, complete a certified rehabilitation of the Subject
Property under the Historic Preservation Certification Program of the United States
Department of the Interior.
3.32 The UMCAN shall, if applicable, obtain final certification from the National Park
Service verifying that the UMCAN has complied with and met the "Secretary of
Interior's Standards for Rehabilitation".
3.33 The UMCAN shall procure and maintain insuance and secure Performance and Labor
Material Bonds and/or Irrevocable Letters of Credit from the Contractors, in favor
of the City,in aggregate amounts of their contract bids. 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 City reserves the right to reject the Letters of Credit and the choice of
surety for the Bonds.
Section 4. Term
This Agreement shall be in full force and effect eighteen months from date of execution. The
Planning Director may extend the term of this Agreement an additional six months.
Section 5. Mutual Agreements
UMCAN agrees and the City states,that the City:
5.1 Is not acting as the UMCAN's architect or engineer.
5.2 Makes no warranties, express or implied, as to the rehabilitation work.
5.3 Owes no duty to the UMCAN or any other person that shall arise because of any
inspection of the redevelopment site by the City's agents or employees.
5.4 May inspect the redevelopment site at any reasonable time, including a final
inspection to certify completion prior to disbursement of any funding.
5.5 Shall be held harmless by the UMCAN for all injury and damages arising by virtue
of this Agreement.
Section 6. Provisions of the Agreement
6.1 Equal Employment Opportunity/Section 3 Clause. Attached hereto as Exhibits "J"
and "K", and made a part hereof by reference are the equal employment provisions
of this Agreement.
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6.2 Non-Discrimination. The UMCAN shall not in the performance of this Agreement,
discriminate or permit discrimination in violation of Federal or State laws or local
ordinances because of race, color, sex, age, political or religious opinions,
affiliations,national origin, familial status 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 the Agreement
voidable by the Mayor or the City Council.
6.6 Modification. This Agreement and any related documents securing the financing
contain the entire agreement of the parties. No representations were made or relied
upon by either party other than those that are expressly set forth herein. No agent,
employee or other representative of either party is empowered to alter any of the
terms herein unless done in writing and signed by an authorized officer of the
respective parties, pursuant to Section 10-142 of the Omaha Municipal Code.
6.7 Assignment. United Minority Contractors Association of Nebraska may assign its
rights or obligations under this Agreement to a limited partnership, so long as the
United Minority Contractors Association of Nebraska is and remains a general
partner. Such Assignment shall be similar in content to Exhibit L.
6.8 Strict Compliance: All provisions of this Agreement and each and every document
that shall be attached shall be strictly complied with as written, and no substitution
or change shall be made,except upon written direction from authorized officer of the
parties,pursuant to Section 10-142 of the Omaha Municipal Code.
6.9 Termination. This Agreement may be terminated by either party upon thirty (30)
days written notice to the other party. Said notice shall be given when received by
certified mail at the other party's usual place of business. Upon termination of this
Agreement,all funds and interest in any account hereunder become the property of
the City and shall be returned to the City of Omaha. This Agreement may also be
suspended or terminated in accordance with 24 CFR 85.43,Enforcement or 24 CFR
85.44, Termination for Convenience(Exhibit "M").
6.10 Subrecipients. UMCAN shall comply with the requirements and standards of OMB
Circular No.A-122, "Cost Principles for the Non-Profit Organizations" (Exhibit"N")
and Attachments A,B, C,F,H,N, and 0,to OMB Circular No. A-110, as identified
in Exhibit"0".
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r
Kl^
6.11 Other Program Requirements. The Subrecipient shall be required to carry out each
activity of this Agreement in compliance with all Federal laws and regulations
described in Subpart K of the CDBG Program Entitlement Grant Regulations
Handbook 6500 (Exhibit "P").
6.12 Reversion of Assets. Upon the expiration of this Agreement, the Subrecipient shall
transfer to the City of Omaha any CDBG funds on hand at the time of expiration and
any accounts receivable attributable to the use of CDBG funds. Additionally, any
real property under the Subrecipient's control that was acquired or improved in whole
or in part with CDBG funds in excess of$25,000.00 shall be either:
a) Used to meet one of the national objectives in 24 CFR 570.208 until five years
after expiration of the Agreement, or such longer period of time as determined
appropriate by the Recipient; or,
b) Is disposed of in a manner which results in the Recipient being reimbursed in
the amount of the current fair market value of the property less any portion
thereof attributable to expenditures of non-CDBG funds for acquisition of, or
improvement to, the property. Such reimbursement is not required after the
period of time specified in accordance with(a) above.
6.13 Indemnification. UMCAN shall indemnify and hold the City harmless from and
against: (1) any and all claims arising from contracts between UMCAN 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 Default. If, through any cause, UMCAN shall fail to fulfill in a timely and proper
manner any obligations under this Agreement, or violate any of the covenants,
representations or agreements hereof,the City may upon written notice terminate this
Agreement or such parts thereof as to this Agreement, and may hold UMCAN liable
for any damages caused to the City by reason of such default and termination.
6.15 Unenforceable Provisions. Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the
extent of such prohibition of enforceability without invalidating the remaining
provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
6.16 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
6.17 Disclosure of Lobbying. The United Minority Contractors Association of Nebraska
shall certify and disclose,to the best of its knowledge and belief,that:
a) No Federal appropriated funds have been paid or will be paid,by or on behalf
of the 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
- 1 461
3 -
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment
or modification of any Federal contract, grant, loan or cooperative agreement.
b) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative agreement,the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
c) The language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under
grants,loans and cooperative agreements)and that all subrecipients shall certify
and disclose accordingly.
Section 7. Authorized Representative
In further consideration of the mutual covenants herein contained,the parties hereto expressly
agree that for purposes of notice, including legal service of process, during the term of this
Agreement,and for the period of any applicable statute or limitations thereafter,the following named
individuals shall be authorized representatives of the parties:
(1) City of Omaha
Director
Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,Nebraska 68183
(2) Contractor:
United Minority Contractors Association of Nebraska
Ronald L. Jefferson,President
2221 North 24th Street
Omaha,Nebraska 68110
- 14 -
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date indicated
below:
ATTEST: CITY OF O HA:
7 3 �U
IT CLERK OF THE CITY OF OMAHA MA OR OF THE CITY OF OMAHA
WITNESS: UNITED MINORITY CONTRACTORS
ASSOCIATION OF NEBRASKA, A
NEBRASKA NON-PROFIT CORPORATION:
4a.pte. B . '� % 1\% : ,� ,,��•)h)
Ronald L.Jefferson,Preside\
Date Date
APPROVED AS TO FORM:
�J (( O Ci)1) if"7
P:\PLN3\3780.PJM ASSISTANT CITY ATTORNEY DATE
•
SCHEDULE OF EXHIBITS
r
Agreement
Exhibit Location Description
A 1.1 Article of Incorporation, Board Members and
Corporate Resolution
B 1.13 Definition-Program Income
C 2.2 , 3.15 UMCAN Underwriting Guidelines
D 3.5 Scope of Work
E 3.10 OMB Circular No. A-133
F 3.12 Minority and Women Business Enterprise Plan
G 3.13 Affirmative Marketing Policy
H 3.17, 4.2 Deferred Payment Loan Determination Process
I 3.25 Median Income by Family Size
J 6.1 Equal Employment Opportunity Clause
K 6.1 Section 3 Clause
L 6.7 Assignment
M 6.9 Termination- CFR 85.43 - 85.44
N 6.10 OMB Circular No. A-122
O 6.10 OMB Circular No. A-110
P 6.11 Handbook 6500, Subpart K
Exhibits identified herein are made a part hereof by reference and are a part of the provisions of the
Agreement. Exhibits B, E, F, and J through P are on file in the Planning Department.
P:\PLN3\3780.PJM
- 16 -
a
•
....�. STATE OF �,�„ NEBRASKA
• •
' i,/.riff,!
,.;si:c• - -;.,.7•., I Each' bit �,A ri
t �WI.- JPQee ` aJ 111
I \';:::iiiir-lit ,,,,/ .•F
Ir , - `� .1 lit,
Department of State
United States of America, 'ter► -I.
State of Nebraska �' ~�'���'�� f�.�� Lincoln, Nebraska'
•
I
1, Scott Moore, Secretary of.State of the State of Nebraska do hereby
certify;
UNITED MINORITY CONTRACTORS ASSOCIATION OF NEBRASKA (UMCAN)
filed Articles of Incorporation with its registered office located in
Omaha, Nebraska, in this office as a nonprofit corporation June 7, 1995.
- - 1 further certify that said corporation is in good standing as of—7,--- -
this date. •
In Testimony Whereof, 1 have hereunto set my hand and
affixed the Great Seal of the State
- of Nebraska on June 7,
E°°� in the year of our Lord, one thousand
;.:. f s y . , nine hundred and ninety-five.
.4iiiip -,
EX; .- ' - tr4:1--:-;, • •:-., i''',:t'4'.?.T.-"%,,j"7 t , 1111P- ire° ACe5tja.
r.. '4:
.r��^-�74 '� .. ��r.�*-°6'\��"Ijdyy ,,� .it%� SECRETARY OFSTATE
t :W»�► r ids• ,
. • ' !:'
. c<D , g
vanaa. va' i'LDt',/tTh71,
SECRETARY'S OFY=ICE
Received and filed for record 7
and recgr,ied on film roll No.
'"- // at page,.
ARTICLES OF INCORPORATION -Secretary of State
By( / f , ". T
OF
UNITED MINORITY CONTRACTORS ASSOCIATION OF NEBRASKA
(UMCAN - Non-profit)
We, the undersigned, for the purpose of establishing a
corporation under the provisions and subject to the requirements
of the laws of the State of Nebraska (particularly the Nebraska
Non-Profit Corporation Act, as amended) , do hereby execute and
file Articles of Incorporation as follows,sto-wit:
ARTICLE I
The name of the corporation (hereinafter called "Corporation"
is : United Minority Contractors Association of Nebraska (UMCAN) .
• • ARTICLE II
The respective names of the County and of the City within the
County in which the principal office of the corporation is to be
located in the State of Nebraska, are the County of Douglas, and
the City of Omaha. The name of the registered agent of the
Corporation is Ronald L. Jefferson. The street and number of the
Corporation's registered office is 2221 N. 24th Street, Omaha,
Douglas County, Nebraska 68110, and the address by street number
of the registered agent is 2221 N. 24th Street, Omaha, Douglas
County,.. Nebraska 68110.
ARTICLE III
The nature of the business of the corporation and the objects
and purposes to be transacted, promoted, or carried on by it are
as follows:
(a) To unite minority contractors into an association for
their own social, educational and economical well being; and thus
enabling them to better make their contribution to the economic
life of the community, and become more proficient in all of the
objectives of the association.
(b) Provide ways for members to become more effective in the
construction and home improvement industry; provide management and
technical guidance; provide legal, technical and financial advice;
provide management and technical training for contractors and key
employees; create a• united position with reference to local, state
and national problems concerning construction; provide common
services for members, such as hiring hall, access to long and
short term loans, answering service, and mail address.
(c) Further, to provide ethical standards for the local
association and contractors in working with customers, suppliers
and employees; to provide the means for all members to contribute
to the industrial, commercial, civic, and educational activities
of the community; and to provide a medium for the promotion of
fellowship among the members and their families.
(d) To purchase or otherwise acquire, undertake, carry on,..
improve and develop all or any of the business, good will, rights,
assets or liabilities of any person, firm, association or
• corporation carrying on any kind of business the same as or of a
similar nature to that which this corporation is authorized to
carry on pursuant to the provisions of this certificate.
(e) To do all such acts and things as are conducive to the
premises. And this Corporation shall have the power to conduct
its business in all its branches in the State of Nebraska, and any
other state or states of the United States; and ultimately to
hold, purchase, mortgage, lease, convey, manage and control, real v
and personal property therein as above provided; and generally to
do all acts and things and to exercise all the powers now or
hereafter authorized by law necessary to carry on the business of
said corporation or to promote any of the objects for which the
Corporation is formed.
(f) To dispose of its assets at the time of its dissolution
to such other non-profit corporations organized and operated
exclusively for religious, charitable, literary, or educational
purposes, which are exempted from Federal Income Tax, under the
provisions of the United States Internal Revenue Code.
(g) The objects and purposes specified in the foregoing
clauses shall, except where otherwise expressed, be in no wise
limited or restricted by reference to, or inference from, the
terms of any other clause in this certificate of incorporation,
but the objects and purposes specified in each of the foregoing
clauses of this article shall be regarded as independent objects
and purposes.
• ARTICLE IV
The association shall have two ( 2 ) classes of members .
Regular Members shall be contractors and sub-contractors directly
engaged in general construction and related fields . Associate
Members shall be those corporations, firms, agencies, or
individuals who are interested in promoting the aims and objects
of this association.
ARTICLE V
The name and place of residence of each of the incorporators
are as follows:
Ronald L. Jefferson 2573 Manderson St. , Omaha, NE 68111
Dewey Williams 2420 Manderson St. , Omaha, NE 68111
2 =
r ISO
Joe N. Lofton 5511 No. 30th St. , Omaha, NE 68111
Clifford H. Davis 1920 Dorcas St. , Omaha, NE 68108
Bobby Jones 1512 No. 31st St. , Omaha, NE 68111
ARTICLE VI.
The corporation is to have perpetual existence.
•
ARTICLE VII
The private property of the members, incorporators, and
directors shall not be subject to the payment of corporate debts
to any extent whatever.
ARTICLE VIII
The minimum amount of capital with which the corporation will
commence business is $1, 000 .00 (one thousand dollars ) .
ARTICLE IX
This corporation shall not have or shall it issue any shares
-- of stock in any form or denomination. __
ARTICLE X
For the management of the business and for the conduct of thu
• affairs of the corporation, and in further definition, limitatio
and regulation of the powers of the corporation and its
incorporators, members, and directors, it is further provided:
(a) The number of Directors of the corporationhshall bermas
specified in the By-Laws of the corporation,
y
from time to time be increased or decreased in such manner as may
be prescribed by the By-Laws. In no event shall the number of
Directors be less than three. The majority of the Directors of
this Corporation shall be Directors
DirectorsNneedhnotlbetresidents
ion of
Directors need not be by ballot
of the State of Nebraskan The whosenitial names andrd of addressescaresshownl
consist of five Directors,
below:
Ronald L. Jefferson 2573 Manderson St. , Omaha, NE 68111
Dewey Williams
2420 Manderson St. , Omaha, NE 68111
Joe N. Lofton
5511 No. 30th St. , Omaha, NE 68111
Clifford H. Davis 1920 Dorcas St. , Omaha, NE 68108
Bobby Jones 1512 No. 31st St. , Omaha, NE 68111
3
ARTICLE XI
In addition to the powers and authorities hereinbefore or by
statute expressly conferred upon it, the Board of Directors may
exercise all such powers and do all such acts and things as may be
exercised or done by the corporation, subject to, nevertheless,
the provisions of the laws of the State of Nebraska, or the
Articles of Incorporation and of the By-Laws of the Corporation.,
Any Director or any officer elected or appointed by the Board
of Directors may be removed at any time in such manner as shall be
provided in the By-Laws of the Corporation.
Any contract transaction or act of the corporation or of the
Directors, which shall be ratified by a majority of a quorum of
the Directors of the Corporation at any annual meeting, or at any
special meeting called for such purpose, shall, insofar as
permitted by law or- by the Articles of Incorporation of the
Corporation, be as- valid and as binding as though ratified by
every Director of the corporation; provided, however, that any
failure of the Directors to approve or ratify any such contract,
transaction or act, when and if submitted, shall not be deemed in
any way to invalidate the same or deprive the corporation, its
directors, officers, or employees of its or their right to proceed
with such contract, transaction or act.
ARTICLE XII
Subject to any limitation in the By-laws, the members of the
Board of Directors shall be entitled to reasonable fees, salaries
or other compensation for their services and to reimbursement for
their expenses as such members. Nothing contained herein shall
preclude any Director from serving the Corporation, or any
subsidiary or affiliated corporation, in any other capacity and •
receiving proper compensation therefor.
If the.. By-Laws so provide, the Board of Directors of the
Corporation shall have power to hold their meeting, to have an
office or offices, and to keep the books of the corporation
subject to the provisions of the laws of Nebraska, outside of said
State at such places or place as may from time to time be
designated by them.
This corporation shall indemnify any director or officer or
former director or officer of the corporation, or any person who
may have served at its request as a Director of officer of another
corporation, whether for profit or not for profit, against
expenses actually and necessarily incurred by him in connection
with the defense of any action, suit or proceeding in which he is
made a party by reason of being or having been such Director or
officer, except in relation to matters as to which he shall be
adjudged in such action, suit or proceeding to be liable for
negligence or misconduct in the performance of duty; but such
indemnification shall not be deemed exclusive of any other;. rights
to which such director or officer may be entitled, under ahy.).by-
4 -
j . .
law, agreement, vote of Board of Directors or members or
otherwise. _.
ARTICLE XIII
The regular members only shall be entitled to vote for the
Board of Directors at any meeting called for this purpose; that
upon the. election of the Board of Directors, said Board shall call
a meeting to elect officers pursuant to the by-laws of the
Association.
ARTICLE XIV
From time to time, any provision of these Articles of
Incorporation may be amended, altered or repealed, and other
provisions authorized by the laws of the State of Nebraska at the
time in force may be added or inserted in the manner and at the
time prescribed by said laws, and all rights of any time conferred
upon the Directors of the Corporation by these Articles of
Incorporation are granted, subject to the provisions of this
Article XIV.
IN WITNESS WHEREOF, we, the undersigned, being all of the
Incorporators hereinabove named, do hereby certify that the facts
hereinabove stated are truly set forth and accordingly have -
hereunto set out respective hands and seals.
DATED this 16th day of MAY 19 95 .
- qi 61\ `li% DIME �1 2573 Manderson Street, Omaha, NE 6f')lj
r fit' 1920 Dorcas Street, Omaha, NE 6810fi
i8 P7a/S
1512 No. 31st Street, Omaha, NE 6811
( () A' A' Ll,+ A 2420 Manderson Street, Omaha, NE 68 ;:,
7. 51.--trAtk.
5511 No. 30th Street, Omaha, NE 68)ii
'T;
= 5 =
INCORPORATORS
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On this 16th day of MAY , 19 95 , before
me, a Notary Public, in and for said county, personally appeared:
Ronald L. Jefferson Dewey Williams
Joe N. Lofton Clifford H. Davis
Bobby Jones
known to me to be the identical persona who executed the above and
foregoing Articles of Incorporation, and they acknowledged the
same to be their voluntary act and deed.
IN WITNESS WHEREOF, I have placed my hand and seal the day
and date last above written.
DGENENrYPU
My Comm.Exp.March 28,1999
My commission expires the �8 day of M n Kc j{ , A.D.
1991 .
•
V
UNITED MI:NORI'.CY CONTRACTORS ASSOC LATION or NI';BRASKA (IIPI(:APd)
••
1998 BOARD or DI RECTORS
I'ORS
RONALD L. JEFFERSON PIZESIDENI' I'1 Ill (402) 451.-2685
J.C. WILLIAMS VICE PRESIDENT Plily (402) 598-0999
ROSALIE WILLIAMS SECRETARY P1-llI (402) 451-7451.
DAVID RUSSELL TREASURER P1-I/I (402) 346-5673
LARRY HELM SR. MI11BElt Miff (402) 344-8401
BOBBY JONES MEMBER PH/I (402) 556-5744
DEE DEVOSE MEMBER Pl-I (402) 331-8208
MUT MEMBERS
AL EPPS DIRECTOR I'Hil (402) 346-1860
MARIANNE NICHOLSON SECRETARY ['lilt (402) 451.-8999
•
UNITED MINORITY CONTRACTORS ASSOCIATION
- - uUlitN - ---- - - - OF NEBRASKA
•
2221 NORTH 24TH STREET • OMAHA, NEBRASKA 68110 • (402) 341-2177
BOARD RESOLUTION
THE BOARD OF DIRECTORS OF THE UNITED MINORITY CONTRACTORS
ASSOCIATION OF NEBRASKA (UMCAN) AUTHORIZES RONAI,D L. JEFFERSON, .
PRESIDENT OF THE BOARD OF DIRECTORS OR J.C. WILLIAMS, VICE
PRESIDENT OF THE BOARD OF DIRECTORS TO EXECUTE ALL DOCUMENTS
NECESSARY TO EXECUTE AND IMPLEMENT THIS AGREEMENT BETWEEN UNITED
MINORITY CONTRACTORS ASSOCIATION OF NEBRASKA AND THE CITY OF
OMAHA AND TO EXECUTE ALL LOAN DOCUMENTS SECURING THE CITY' S
LOAN ON BEHALF OF UNITED MINORITY CONTRACTORS ASSOCIATION OF
NEBRASKA.
,`-%1 ,? ~ ,0 I`'n3
UNITED MINORITY CONTRACTORS ASSOCIATION OF NEBRASKA (UMCAN)
ROSALIE WILLIAMS, SECRETARY OF THE BOARD OF DIRECTORS
, - G
DATE
--*40
The Voice of the Minority&Disadvantaged Construction Contractors in Nebraska
SUBRECIPIENT UNDERWRITING GUIDELINES •
CITY OF OMAHA DEFERRED PAYMENT LOANS
Effective Date: March 20, 1998
These Underwriting Guidelines provide a general overview of the City of Omaha requirements
applicable to Deferred Payment Loans for homes purchased through Subrecipients, including but
not limited to, Holy Name Housing Corporation, South Omaha Affordable Housing Corporation,
Housing And Neighborhood Developers, Inc., formerly known as United Ministries of Northeast
Omaha, Inc., Omaha 100, Inc., New Community Development Corporation, Omaha Economic
Development Corporation and United Minority Contractors Association of Nebraska. While it is
not possible to mention all requirements, these guidelines answer m9st questions concerning the
City's Deferred Payment Loans. :
A. PURPOSE
The purpose of the Planning Department's Community Development Division is to promote
the growth, development and revitalization of the City of Omaha through the elimination of
slums and blight;to assist low and moderate income persons and families in attaining decent,
affordable housing; and to create job opportunities for lower income persons through - -
economic development activities.
This is accomplished by 1) formulating and implementing plans and programs designed to
revitalize neighborhoods,commercial areas, and industrial areas;upgrade the housing stock
in the inner-city; and create homeownership opportunities; 2) administering home
renovation, home construction, economic development, real estate development, and
revitalization programs and activities; and 3) providing services and improved service
facilities for housing counseling,home maintenance,homelessness,job training, education,
elderly persons,handicapped and other socio-economic assistance activities.
B. DEFINITIONS
In order to provide guidance and consistency in providing Deferred Payment Loans to
homebuyers,the following definitions shall apply:
1. Borrower - shall mean one or more persons purchasing a property and any other
persons co-signing on the promissory note.
2. Debt-to-Income Ratio (DIR) - shall mean the monthly total of all mortgage
payments, real estate taxes, special assessments, property insurance premiums and
liabilities (excluding utilities, federal income taxes, state income taxes and social
security payments)divided by the gross monthly income. The maximum DIR shall
• be 42% or the percentage established by the lender providing the first mortgage
financing.
Revised 3/98
In computing the DIR, installment debts extending ten months or more and all
- revolving accounts shall be considered.
3. "Deferred Payment Loan Mortgage" (DPL) shall mean- a loan of CDBG funds, in
an amount not to exceed the amount approved by the City Council for a rehabilitated
and a newly constructed property, made subject to the terms, conditions and
provisions of the loan agreement under which said loan is made, secured by no less
than a second mortgage/deed of trust on an individual property,which shall provide,
inter-alia,that same shall become due and payable without interest upon the sale or
transfer of ownership of the property, or portion thereof, or interest therein by the
Owner within five(5)years from the date of loan closing for a rehabilitated property
and ten (10) years from the date of loan closing on a newly constructed property.
After 5 years on the rehabilitated properties and 10 years on newly constructed
properties, the Deferred Payment loan amount win depreciate 50% with .the
remaining depreciated balance due upon sale or transfer of the property. Following
the initial depreciation, the Owner may choose to repay the 50%DPL balance over
a period of time. Upon written request by the Owner to repay the DPL balance,the
Planning Department will determine the terms and conditions of repayment.
- - 4. __. Employment History-shall mean a verifiable and continuous two-year work history, -- -
-_ -- or a verifiable source of other income, including but limited to, social security,
pension, annuities, child support, alimony, etc. In some instances, education may be
substituted for employment if borrower has been employed at current job for six
months.
5. Household - shall mean all persons who will occupy the property. The occupants
may be a single family,one person living alone,two or more families living together,
or any other group of related or unrelated persons who share living arrangements and
includes:
a. any dependent child under the age of 19. If a child is claimed for income tax
(IRS)purposes, the City will consider the child a dependent.
b. - any dependent member over the age of 62 who has lived in the household full
time for a minimum of 6 months immediately prior to application date and
will continue to live in the household full time, does not own other property,
and is dependent upon the borrower.
6. Housing-Income-Ratio(HIR)shall mean the monthly total of all mortgage payments,
real estate taxes, special assessments, and property insurance premiums divided by
the gross monthly income. The maximum HIR shall be 33% or the percentage
established by the lender providing the first mortgage financing.
-2- n
7. Income - shall mean all actual or projected income derived from full, part-time
and/or seasonal employment, self-employment, overtime, bonuses, commission,* _
social security, pension, annuities, interest or dividends from investments, child
support, alimony, etc.
NOTE: Income Averaging is not acceptable.
8. Median Income - shall mean the Median Income by Family Size income data as
published by the United States Department of Housing and Urban Development and
as further updated and revised to reflect the current or most recent income level
statistics. A copy of the median incomes is available upon request at the City of
Omaha Planning Department.
9. Subrecipient - shall mean a public or private non-profit agency, authority or
organization receiving CDBG or HOME Funds to undertake eligible activities.
10. Verifications-shall mean all supporting documentation obtained within the past six
months for preliminary loan approval by the City. These documents include,but are
not limited to, employment, bank deposits, credit information, property title
commitments.
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.
D. BANKRUPTCY
Borrowers who have filed a bankruptcy must have established a verifiable form of credit
over a six month period commencing after the Bankruptcy Court entered its Order of
Discharge. A copy of the bankruptcy document, Court Order of Discharge, and a letter
explaining the reason for filing bankruptcy and the circumstances surrounding it must be
submitted with the initial application for preliminary loan approval by the City.
E. INSURANCE
The Borrower must have at least a hazard insurance policy in force for one year at the time
of loan closing. The policy must have a proper endorsement naming the City of Omaha as
an additional mortgagee. Proper mortgage endorsement is available at the City of Omaha
Planning Department.
F. SALE OF PROPERTY
In the event of sale of the property,the deferred payment loan must be repaid to the City of
Omaha as specified in the promissory note and Section B,Number 3 above.
-3- ��
G.. LOAN ASSUMPTION __ _,
Some Homeowners who have received financial assistance from the City of Omaha for a
Deferred Payment Loan to purchase their homes may, at some point, desire to transfer their
homes and have the loan assumed by a new buyer. The following criteria will apply when
a homeowner desires to sell his/her property and requests that the loan be assumed by a new
buyer:
1. The family who assumes a City of Omaha Deferred Payment Loan:
a. must be creditworthy, and;
b. must meet all underwriting criteria contained in these guidelines, and;
t
c. must agree to live in the house for the remaining term of the Deferred
Payment Loan.
2. The purchase price,including the downpayment,must be negotiated and agreed upon
between the buyer and seller.
___.._ 3. The incomes of families assuming a DPL maynot exceed the limits of the median
— family income contained in the agreement under which the-Seller's DPL was
approved.
4. The new buyer assuming a DPL must assume liability for the balance of the loan at
the time of loan closing.
5. When an Owner of a property with a DPL wishes to transfer his/her property through
an assumption,the Owner must:
a. Secure a potential borrower who is willing to assume the DPL.
b. Negotiate a selling (purchase)price with the potential buyer. The amount of
the downpayment would be paid to the Owner by the new buyer at the time
- of loan closing. The City of Omaha will not negotiate with either party over
the amount of this repayment.
c. Write a letter to the Subrecipient requesting that an assessment be made of
the prospective borrower's qualifications to assume the DPL.
d. After this assessment is completed,the present Owner will be notified of the
prospective buyer's eligibility to assume the loan.
6. In the event of the death of an Owner, the heirs will have the same assumption
options as the Owner.
-4-
C
H. CREDIT HISTORY
•
-- 1. Judgments
Judgments must be paid or satisfied prior to loan closing.
2. Collection Accounts
Collection accounts should be paid or a repayment agreement must be in effect. If
a repayment agreement is in effect,the Borrower must have established a minimum
of six months payment history.
3. Divorce
In the case of a divorce, any debts remaining in both dames originated prior to the
Court granting of a decree shall be considered a financial obligation against the
borrower.
4. Legal Separation
Borrower that is legally separated will be subjected to same underwriting criteria as
a married person; therefore, both signatures will be required on the promissory note.
I. NON-DISCRIMINATION BASED ON HANDICAP
1. The Subrecipient shall not discriminate or permit discrimination in violation of
federal or state laws or local ordinances because of race, color, sex, age,political or
religious opinions, affiliations, national origin, familial status or handicap.
2. The Subrecipient shall 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 a handicap shall, solely by reason of his or her
handicap, be excluded from participation in, or 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,
Nebraska, 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) 444-5025 (B/TDD
444-5055).
P:\PLN316041.SAP
-5-
C
EXHIBIT "D" - --- --
SCOPE OF WORK
UNITED MINORITY CONTRACTORS ASSOCIATION OF NEBRASKA (UMCAN)
HOUSING ACQUISITION / REHABILITATION / SELL PROGRAM
The United Minority Contractors Association of Nebraska (UMCAN)
Housing Acquisition/Rehabilitation/Sell Program will expand
homeownership opportunities for lower income families within
a designated target area North of Dodge Street & East of 60th
Street. This designated target area shall incorporate the
following neighborhoods, as outlined on page 32 and 33 of the
City of Omaha, Community Development, "catalogub of programs"
dated 27 October 1995 :
Long School
Conestoga
O. I.C.
Binney / Wirt / Spencer
Neighborhood Action and Fact
E.R. Danner
Horace Mann
Bedford Place
Lake - Bristol Square
Highlanders
Prospect Hill
Orchard Hill
The UMCAN will be responsible for implementing the following
activities associated with the acquisition, rehabilitation and
sale of the housing units:
1 . Locate and acquire approximately six (6 ) vacant housing
units during the term of the agreement.
2 . Provide housing rehabilitation construction design and
construction monitoring services to rehabilitate approximately
six (6 ) housing units during the term of the agreement.
3 . Provide services to program applicants including, but not
limited to, affirmative marketing of units, processing and
screening of homebuyer applications, financial counseling, home
maintenance counseling, assistance in obtaining mortgage
financing, processing of City Deferred Payment Loan applications,
referral to the Omaha 100 or other loan processor, as
appropriate, and
4 . Provide counseling and guidance to assist applicants that
do not qualify for homeownership due to poor work or credit
history, high debt ratio, or insufficient income in becoming
eligible for future homeownership.
Exhibit H
United Minority Contractors Association of Nebraska
Deferred Payment Loan Determination Process
The prospective home purchaser in the United Minority Contractors Association of Nebraska's
(UMCAN) home ownership program will proceed through the following loan approval process:
• Initial assessment by UMCAN representative to insure that the client's intent is home
ownership. If so, the home ownership program is briefly described and an application
is completed.
• The completed application is reviewed for eligibility by the UMCAN Housing
Developer. Employment history, income and level of debt are reviewed for initial
eligibility. Apparent application difficulties and strengths are reviewed. If no obvious
disqualifying issues are identified, the applicants are asked to obtain a credit report.
• The credit report is examined with the applicants. Any blemishes on the credit report are
discussed and a plan of action is implemented to clear credit problems . If no difficulties
- are found, or when the problems are cleared up, the applicants are provided a list of - - -
UMCAN houses which the applicants would be qualified to purchase, based on the
total family income.
• When the applicants have selected a home they would like to purchase,they are referred
to Omaha 100, Inc. to complete the loan application process and secure permanent
mortgage financing.
• During the loan approval process, all income sources are identified and verified. The
Housing to Income Ratio can not exceed 33% and the Debt to Income Ratio can not
exceed 42% of the applicant's monthly income.
• When all conditions are met and first mortgage financing is tentatively approved, the
application is routed to the City Planning Department for a request for second mortgage
deferred payment loan (DPL)financing approval.
DPL Formula:
The DPL request is for an amount which will reduce the purchase price of the house to
an amount where the monthly housing payment of the first mortgage is less than or
equal to 33%of the applicant's income.
Under no circumstances does the DPL exceed $15,000.00 for a home
that was rehabilitated by UMCAN.
) ()
1r`
S
EX/1/1 t46 "
CITY OF OMAHA
AFFIRMATIVE MARKETING POLICY
AND MONITORING PROCEDURES
Affirmative Marketing Policy
In furtherance of the City of Omaha's commitment to non-discrimination and equal
opportunity in housing, the City of Omaha establishes procedures to
affirmatively market units constructed or rehabilitated under any City-assisted
program or project. These procedures are intended to further the objectives of
Title VIII of the Civil Rights Act of 1968 and Executive Order 11063.
It is the affirmative marketing goal of the City of Omaha to assure that
individuals who normally might not apply for vacant rehabilitated units because
of their race or ethnicity:
. know about the vacancies
. feel welcome to apply
. have the opportunity to rent the units
This policy will be carried out through the following procedures:
1. Informing the public, potential tenants, and owners about Federal fair
housing laws and affirmative marketing policies
▪ The City of Omaha will inform the public, potential tenants, and
owners about its affirmative marketing policy and Title VIII and
Executive Order 11063.
• The City will place public notices in the Omaha World Herald and
the North Omaha Star to inform owners of the program.
•
City representatives will meet with property owners and assist them
in preparing program applications as requested and necessary.
. Owners selected for a program shall notify in-place tenants in
writing of their involvement in the program and provide them with
the following options:
1. Remain in the present unit during rehabilitation.
2. Move temporarily to another unit within the project while
his/her unit is being rehabilitated.
3. Permanently relocate or voluntarily abandon the unit during the
rehabilitation.
. Owners shall post the HUD Equal Housing Opportunity Logo in the
project building and display the Fair Housing Poster in their
rental office.
• Owners shall use media accessible to minorities when advertising
the availability of rental units
▪ Owners shall use the Equal Housing Opportunity logo, slogan or
statement in all advertising.
Owners shall maintain a non-discriminatory hiring policy.
Owners shall adopt a fair housing policy.
2. Informing low and moderate-income persons about available units
Property Owners having vacant rental rehabilitation units may call the Omaha
Housing Authority (OHA) (444-6900) and place units on OHA's "Available Unit"
list. This list is distributed to families who have received Certificates
of Family Participation and are looking for units to rent. The listing will
remain on the "Available" list for 35 calendar days then be removed. If
still vacant, the property may be relisted.
When rehabilitated units are available for initial occupancy, the owner
shall inform the following outreach agencies of this fact in writing and
submit a copy of the letters to the City of Omaha, Planning Department,
Housing and Community Development Division, Rental Rehabilitation Program,
1819 Farnam Street, Room 1111, Omaha, Nebraska 68183:
• Chicano Awareness, Inc.
4821 South 24th Street
Omaha, NE 68107
• Native American Community Development Corp.
2226 Leavenworth Street
Omaha, Nebraska 68102
▪ Family Housing Advisory Services
2416 Lake Street
Omaha, NE 68111
▪ Urban League of Nebraska
3022 North 24th Street
Omaha, NE 68111
3. Recordkeeping
The City of Omaha will keep records of the following:
local media advertisements of the Rental Rehabilitation Program
▪ contact dates with outreach agencies and Omaha Housing Authority
• correspondence informing outreach agencies of vacancies
▪ Race and gender data of initial occupants and persons inquiring
about availability of units
Tenant Survey forms
-2-
s ,
4. Assessment of Actions
The Owners' affirmative marketing efforts will be assessed by the City to:
. determine good faith efforts of Owners to affirmatively market
vacant units; and,
▪ determine whether a sufficient number of racial and ethnic families
have applied for vacant units.
The City will take corrective action if it is found that property owners are not
carrying out established procedures of the City's Affirmative Marketing Policy
and Monitoring Procedures.
Affirmative Marketing Policy Monitoring Procedures
1. Duties and Responsibilities of the Owner
a) The Owner shall post the H.U.D. Equal Housing Opportunity Logo in the
building project, and in the rental office.
b) The Owner shall submit to the City a copy of all letters notifying the
outreach agencies listed below of vacancies:
. Omaha Housing Authority
540 South 27th Street
Omaha, NE 68105
. Chicano Awareness, Inc.
4821 South 24th Street
Omaha, NE 68107
. Native American Community Development Corp.
2226 Leavenworth Street
Omaha, NE 68102
. Family Housing Advisory Services
2416 Lake Street
Omaha, NE 68111
. Urban League of Nebraska
3022 North 24th Street
Omaha, NE 68111
c) The Owner shall submit to the City a copy of all advertisements placed
in the local newspapers. All advertisements must include the Equal
Housing Opportunity Logo, Slogan, or Statement.
d) The Owner shall submit to the City a Racial/Gender Form, attached as
Exhibit 1, which includes the name, racial/ethnic characteristics,
income, family size, and gender for each person responding to the
advertisement.
e) The Owner shall meet with each in-place tenant and all tenants of
initially occupied vacant units and complete a Tenant Survey Form, -
copy of which is attached and marked Exhibit 2.
-3-
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
I
•
•
1
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 '
II
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LL.
Exhibit L
ASSIGNMENT
For One Dollar ($1.00) and other good and valuable consideration, United Minority
Contractors Association of Nebraska, a Nebraska Non-Profit Corporation, hereby assigns and
transfers to in which
United Minority Contractors Association of Nebraska is the sole general partner, all of United
Minority Contractors Association of Nebraska's rights and obligations in and under that Certain
Agreement between United Minority Contractors Association of Nebraska and the City of Omaha
dated the day of , 19 (the"Agreement")for the rehabilitation
of four residential units in an area north of Dodge Street and east of 60th Street and the subsequent
sale to homebuyers whose annual incomes are less than or equal to 80% of the Median Income by
Family Size.
This Assignment is made pursuant to the provisions of Section 6.7 of the Agreement
approved by the City Council on , 19 , by Resolution No. , whereby
the City of Omaha grants to United Minority Contractors Association of Nebraska authority to make
this Assignment.
By its signature affixed below, accepts the
foregoing Assignment and agrees to perform all the duties and obligations required of the United
Minority Contractors Association of Nebraska, as specified in the Agreement.
DATED this day of , 199_.
UNITED MINORITY CONTRACTORS ASSOCIATION
OF NEBRASKA,a Nebraska Non-Profit Corporation
By:
Ronald L. Jefferson,President
ACCEPTED:
By:
a Nebraska Limited Partnership
By:
UNITED MINORITY CONTRACTORS
ASSOCIATION OF NEBRASKA,a Nebraska Non-
Profit Corporation
By:
Ronald L. Jefferson,President
P:\PLN3\3780A.PJM
STATE OF NEBRASKA )
•
) SS.
COUNTY OF DOUGLAS )
The foregoing Assignment was acknowledged before me this day of
19 , by Ronald L. Jefferson, President, United Minority Contractors Association of Nebraska, a
Nebraska Non-Profit Corporation, on behalf of the corporation.
Notary Public
STATE OF NEBRASKA )
) SS.
COUNTY OF DOUGLAS )
The foregoing Assignment was acknowledged before me this day of
19 ,by Ronald L. Jefferson,President,United Minority Contractors Association of Nebraska, General
Partner, Limited Partnership, on behalf of the
corporation and the limited partnership.
Notary Public
P:\PLN3\3780A.PJM
C-25A
CITY OF OMAHA
•
LEGISLATIVE CHAMBER
28
Omaha,Nebr July 19 98
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the City annually receives Community Development Block Grant Funds,
under Title I of the Housing and Community Development Act of 1974, as amended,for the purpose
of benefiting low and moderate income residents,eliminating slums and blight,and for other urgent
community development needs; and,
WHEREAS, the Omaha City Council, on December 16, 1997, by Resolution No. '
3397, approved the 1998 Consolidated Submission for Community Planning and Development
Programs which included the United Minority Contractors Association of Nebraska(UMCAN), a
Nebraska Non-profit Corporation,Revolving Loan Fund for the vacant,substandard houses program;
and,
, • WHEREAS, the UMCAN proposes to acquire,rehabilitate, and sell approximately
four houses dwing the term of the Agreement; and,
• WHEREAS, the UMCAN plans to provide mortgage financing to potential
homeowners in an area North of Dodge Street and East of 60th Street;and,
, • WHEREAS,-a determination has been made that this Revolving Loan Program •
provides housing which benefits low and moderate income persons or addresses slums and blighted
conditions on a spot basis; and,
- WHEREAS, it is in the best interests of the citizens of the City of Omaha to initiate
• the acquisition of vacant,substandard single family-houses;and the rehabilitation and market for sale
to qualified homebuyers in the United Minority Contractors Association of Nebraska Vacant,
Substandard Housing Target Area. •
By
Counoilinember
• Adopted •
City Cleric •
• Approved
Mayor
•
C-25A CITY OF OMAHA
LEGISLATIVE-CHAMBER
Omaha,Nebr July 28 19 98
PAGE 2 .
i.
im-
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 the United Minority Contractors Association of Nebraska, a Nebraska Non-profit
Corporation, 2221 North 24th Street, Omaha,Nebraska 68110, for a Revolving Loan Fund in the
. total amount of$100,000.00 FY 98 CDBG Funds, for the acquisition, rehabilitation, and sale of
approximately four formerly vacant, substandard single family dwellings to households whose annual
income is less than or equal to 80% of the Median Income by Family Size in the United Minority
Contractors Association of Nebraska Vacant,Substandard Housing Target Area,is hereby approved.
Funds in the amount of$100,000.00 shall be paid from Community Development Block Grant Fund
No. 193, Organization No. 8323.
P:\PLN3\3779.PJM APPROVED AS TO FORM:
,41/ . 0 e01/4-0)4.) - 8-9 .
ASSISTANT CITY ATTORNEY DATE
•
By. /1"01-1.17.-rinill•Ale•
Councilmeniber •
Adopted JUL 8. 1998
�/iv; / it Cle
Approved
6P' fc. 0
Mayor
L
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