RES 1998-1105 - Agmt with League of Human Dignity Inc for barrier removal services I goeleogiomTere
+ rIAAHA,N., p* r D Planning Department
s Omaha/Douglas Civic Center
att�� t 1819 Farnam Street,Suite 1100
f(�i� „ c �' �� w' ! Omaha,Nebraska 68183-0110
"®. " **• _ • (402)444-5200
�� ti• ,. :�f i 'i it J, ,'i (402)444-5150
AO�4TFD , i %{�� !,`1, °C :'1 a It.1� Telefax(402)444-6140
City of Omaha • ' April 28,• 1998
Hal Daub,Mayor •
r
r
Honorable President :
and Members of the City Council,
1
The attached proposed Resolution approves an Agreement for a barrier removal program with the
League of Human Dignity, Inc., (the "LHD") 5513 Center Street, Omaha, Nebraska 68106, a
Nebraska non-profit corporation. ' This Agreement, in the amount of $103,497.00 including
$75,000.00 in Fiscal Year 1997 and $28,497.00 in FY 1996 Community Development Block Grant
(CDBG) carryover funds, covers the time period from January 1, 1998, through June 30, 1998, and
gives the Planning Director the authority to extend the Agreement to March 31, 1999, based on
satisfactory performance by the LHD.
The LHD Barrier Removal Program provides housing modifications for lower-income households
that have a physically disabled family member. In addition, the LHD conducts needs assessments
and provides technical assistance to qualifying households in coordination with related programs
offered by the Department of Health and Human Services, Vocational Rehabilitation Services, and
the Eastern Nebraska Office on Aging. Since the program's inception, the LHD has completed 77
barrier removal projects and has assisted approximately 48 additional consumers annually with goals
related to housing needs.
Throughout 1997, the League of Human Dignity experienced a number of changes in personnel
including its director and program coordinator and,therefore,was unable to expend its Community
Development Block Grant funding in a timely manner. In an effort to address this deficiency,
Planning Department staff have provided, and continue to provide, support and technical assistance
to the LHD in an effort to help develop and implement barrier removal projects. Additionally, the
league has recently brought in a new director to the Omaha area who has successfully administered
a similar program in Council Bluffs.
\ It should be noted the attached agreement does not provide new funding to the LHD, e.g., Fiscal
Year 1998 CDBG. We will only recommend such funding if and when the LHD successfully meets
any future contractual obligations in a timely manner.
1
GI
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Honorable President
and Members of the City Council
Page 2
The accessibility modification projects offered by the LHD are an important element of our overall
affordable housing development effort. We are encouraged that the LHD is on track to improve its
program performance and,therefore, request your support of this Resolution.
Sincerely, Referred to the City Council for Consideration:
-L''.1/ '° ?/1 .-%....• 5'34 'ft , . //*_____
Robert C. Peters Date Mayor's Office/Title Date
Acting Planning Director
A roved as to Funding: Approved:
Y. `'`i Afir, Sri
Louis A. D'Ercole � ate Georg L. Davis, Jr. Date
Finance Director Human Relations Director
P:\PLN2\5268.MAF
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr April 28 19 98
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the primary objective of Title I of the Housing and Community
Development Act of 1974, is in part the development of viable urban communities with decent
housing and a suitable environment principally for persons of low and moderate income and one of
the objectives with respect thereto is the elimination of conditions which are detrimental to health,
safety and public welfare through code enforcement,demolition,rehabilitation assistance and related
activities,including the modification of residential units for accessibility by persons with disabilities;
and,
WHEREAS,League of Human Dignity,Inc.,offers Independent Living Services to
persons with disabilities,including assistance with barrier free housing; and,
WHEREAS,the Mayor recommended and the City Council on December 16, 1997
by Resolution No. 3397, favorably considered the 1998 Consolidated Submission for Community
Planning and Development Programs which included $75,000 for the League of Human Dignity
Barrier Removal Program; and,
WHEREAS, the Mayor recommended and the City Council on April 22, 1997 by
Resolution No. 1054 approved an Agreement with the League of Human Dignity,Inc.,for a barrier
removal program in the amount of$125,176 including$75,000 in FY 1997 funds and$50,176 prior
year funds for the period from January 1, 1997 through December 31, 1997; and,
WHEREAS,the amount of$103,497 including$75,000 in FY 1997 and$28,497 in
FY 1996 funds is remaining under the Agreement approved by the City Council on April 22, 1997
by Resolution No. 1054; and,
WHEREAS, given the substantial amount of 1996 and 1997 carry over funds, 1998
funds in the amount of$75,000 will be held pending periodic performance reviews in 1998; and,
WHEREAS, it is necessary for the City to enter into an agreement with the League
of Human Dignity,Inc.,for the total amount of$103,497,to properly conduct the Barrier Removal
Program; and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor
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 League of Human Dignity,
Inc., 5513 Center Street, Omaha,Nebraska 68106, a Nebraska non-profit corporation (sometimes
hereinafter referred to as "Contractor").
RECITALS:
WHEREAS, the primary objective of the Housing and Community Development Act of
1974, as amended, is the development of viable urban communities, by providing decent housing
and a suitable living environment and expanding economic opportunities,principally for persons of
low and moderate income and one of the objectives thereto is the elimination of conditions which
are detrimental to health, safety and public welfare through code enforcement, demolition,
rehabilitation assistance and related activities, including the modification of residential units for
accessibility by persons with disabilities; and,
WHEREAS, the Mayor recommended, and the City Council on December 16, 1997
favorably considered the 1998 Consolidated Submission for Community Planning and Development
Programs which includes the Barrier Removal Program; and,
WHEREAS,it is necessary for the City to enter into an agreement with the League of Human
Dignity, Inc.,to properly conduct the Barrier Removal Program.
IN CONSIDERATION OF THESE MUTUAL COVENANTS,League of Human Dignity,
Inc., and the City of Omaha agree as follows:
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SECTION 1. DEFINITIONS - ABBREVIATIONS
The following definitions and abbreviations shall be applicable in this Agreement:
1.1 "Barrier Removal Project" shall mean - - rehabilitation performed on a single or
multi-family residential property strictly for the purpose of allowing persons with
disabilities to physically access and use the residence.
1.2 "CDBG" shall mean - - the portion of the Community Development Block Grant
awarded to the City, as may be available during the FY 1998 program year for the
use specified herein in an amount not to exceed $103,497, subject to the terms,
conditions and requirements of this Grant Agreement. This total amount shall
include $75,000 in FY 1997 and$28,497 in FY 1996 carry-over funds.
1.3 "City" shall mean- -the City of Omaha.
1.4 "Contractor" shall mean- - League of Human Dignity, Inc.
1.5 "Director" shall mean- -the Planning Director.
1.6 "LHD" shall mean- - League of Human Dignity, Inc., 5513 Center Street, Omaha,
NE 68106.
1.7 "NLT" shall mean- -not later than.
1.8 "Program Income" shall mean - - gross income received by the Recipient or a
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 "A").
1.9 "Property" shall mean - - those dwelling units rehabilitated or those scheduled for
rehabilitation under the Barrier Removal Program.
1.10 "Qualified Renters and Homeowners" shall mean- -those households where one or
more member has a mobility impairment or disability which impedes his or her
ability to live independently without modification to the residential unit, and where
the household annual income does not exceed 80%of the"Median Income by Family
Size",as published by HUD and as further updated and revised by HUD to reflect the
current or most recent income level statistics, a copy of the relevant portion of which
is attached hereto,marked as Exhibit"B" and is incorporated herein by this reference.
1.11 "Recipient" shall mean- -the City of Omaha.
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1.12 "Subrecipient" shall mean - - a public or private nonprofit agency, authority or
organization receiving CDBG funds to undertake eligible activities. In this
Agreement the Subrecipient is League of Human Dignity, Inc. (See Exhibit "C",
Articles of Incorporation.
SECTION 2. DUTIES OF THE CITY
The City shall:
2.1 Refer client cases to the LHD as the need dictates,to promulgate approved programs
and activities.
2.2 Monitor and review the monthly reports that identify the progress/accomplishments
of the LHD for activities approved by the City Planning Department.
2.3 Conduct on-site monitoring visits during the contract period, at which time the LHD
shall furnish such statements,records and data pertaining to any matter covered by
this Agreement as may be requested by the program monitor.
Site visits may include visits with program recipients. Such visits will be scheduled
in advance and the program coordinator will accompany the program monitor on
these visits.
2.4 Provide technical assistance regarding determination of eligibility, determination of
extent of modifications needed, and information concerning building codes and
design as may be requested by the LHD.
2.5 Prepare monthly payment vouchers for the LHD,based upon Contractor's Monthly
Progress Report and request for payment.
2.6 Insure that funds are available only for those activities which have occurred from
January 1, 1998 to June 30, 1998. This period may be extended by the Director but
in no event shall the term extend beyond March 31, 1999.
SECTION 3. DUTIES OF THE CONTRACTOR
The Contractor shall:
3.1 Abide by all terms and conditions of this Agreement.
3.2 Use the City's CDBG funds for those authorized items as outlined in the Scope of
Work as attached hereto and made a part hereof as though recited herein (Exhibit
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3.3 Maintain the property in a safe and sanitary condition, conform to City housing and
zoning ordinances and carry out the rehabilitation in an efficient manner.
3.4 Attempt to rehabilitate approximately 17 properties during the term of this
Agreement.
3.5 Administer barrier removal projects for renters and homeowners as delineated in the
Scope of Work(Exhibit "D").
3.5.1 One Hundred Percent(100%) of qualified renters and homeowners shall be
of low and moderate income.
3.5.2 In no event shall any person or family be displaced, either permanently or
temporarily, from the property undergoing the barrier removal project.
3.6 Submit an operating budget by line item indicating all proposed expenditures and
sources of revenue for the 1998 CDBG program year.
3.7 Submit a monthly progress report to the City of Omaha, Director of Planning. The
progress report will delineate LHD staff accomplishments for the previous 30-day
period on the specific activities approved by the City Planning Department. This
report will include the following information for each barrier removal case
completed; grant amount, type of work performed, specific address, and
demographics of the Household benefiting from the grant.
3.8 Submit monthly financial report(income statement)delineating the revenue and line
item expenditures for the League of Human Dignity. In addition, a monthly check
register is to be submitted listing each expenditure by check number,payee, date and
amount.
3.9 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. A copy of this audit shall be provided to the Director. OMB
Circular A-133 is attached as Exhibit "E".
3.10 Contractor shall maintain such records and accounts, including property, personnel
and financial records, as are deemed necessary by the City to assure a proper
accounting for all contract 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 and records 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.
ó
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3.11 Any program income received will be returned to the City of Omaha within thirty
(30) days of receipt.
3.12 Insure that no contractor shall be used by LHD who has been disbarred or
disqualified by the U.S. Department of Housing and Urban Development, or by the
City of Omaha.
3.13 The Contractor 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 centrum 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 the lead-
based paint poison prevention.
SECTION 4. TERM
This Agreement shall be in full force and take effect from January 1, 1998 through and
including June 30, 1998. The Director may extend the term but in no event shall the term extend
beyond March 31, 1999.
SECTION 5. CONSIDERATION
5.1 In consideration of the services herein provided,the City agrees to pay LHD the sum
of One Hundred and Three Thousand Four Hundred and Ninety-seven Dollars
($103,497), including $103,497 in 1997 carry-over funds from Community Block
Grant, Fund 193, Organization No. 8317, Barrier Removal.
5.1.1 Reimbursement shall be on a monthly basis for the attached budget line item
expenditures. Payments shall be made on the basis of monthly requests for
payment and shall be reimbursements for actual expenditures. The Annual
Operating Budget is attached as Exhibit"F".
5.1.2 Monthly billing will be submitted by LHD with the Monthly Progress
Report. The monthly billing and progress report are due NLT fifteen (15)
days following each reporting period.
5.1.3 Actual expenses reimbursed to LHD will not exceed $103,497 for the term
of this Agreement.
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SECTION 6. PROVISIONS OF THE CONTRACT
6.1 Equal Employment Opportunity Clause. Attached hereto as Exhibit"G" and"H" and
made a part hereof by reference are the equal employment provisions of this
Agreement.
6.2 Subrecipients shall comply with the requirements and standards of OMB Circular
No.A-122, "Cost principles for the Nonprofit Organizations" (Exhibit"I")and OMB
Circular No. A-110 as identified in Exhibit "J".
6.3 Subrecipients shall 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 (Exhibit "K"). The auditor shall determine
the appropriate type of audit to be conducted; i.e. limited scope or full compliance.
A single Audit is not an allowable expense unless the subrecipient expends total
Federal funds over $300,000 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 in each
fiscal year.
6.4 Non-discrimination. The Contractor shall not in the performance of this Contract,
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.
6.5 Captions. Captions used in this Contract are for convenience and are not used in the
construction of this Contract.
6.6 Applicable Law. Parties to this Contract 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 contract.
6.7 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 contract. Any violation of this section with the knowledge
of the person or corporation contracting with the City shall render the contract
voicable by the Mayor or Council.
6.8 Merger. This Contract shall not be merged into any other oral or written contract,
lease or deed of any type.
6.9 Modification. This Contract 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 i
an authorized officer of the respective parties.
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6.10 Assignment. The Contractor may not assign its rights under this contract without the
express prior written consent of the City.
6.11 Strict Compliance. All provisions of this Contract and each and every document that
shall be attached shall be strictly complied with as written, and no substitution or
change shall be made except upon written direction from authorized officer of the
parties.
6.12 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 "L").
6.13 Termination. This Agreement may be terminated by either party upon thirty (30)
days written notice to the other party. Said notice shall be given when received by
certified mail at the other parry's usual place of business. 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").
6.14 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 is either:
(i) Used to meet one of the national objectives in 24 CFR 570.208 until five
years after expiration of the Agreement, or such longer period of time as
determined appropriate by the Recipient; or
(ii) 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(i) above.
6.15 Disclosure of Lobbying. LHD 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 LHD, 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.
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(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 LHD shall
complete and submit Standard Form-LLL, "Disclosure form to Report
Lobbying", in accordance with its instructions.
(c) Language in this certification shall 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. RULES AND REGULATIONS GOVERNING ACCESS TO PERSONAL RECORDS
Contractor specifically hereby states, agrees and certifies that it is familiar with the limited
purpose set forth in the Federal Laws, Rules and Regulations and in the Laws of the State of
Nebraska for which personal information requested may be used, and that the information received
will be used solely for those limited purposes and not to harass, degrade, or humiliate any person.
The information released shall be used for the limited purpose stated and the requesting Contractor
or person further agrees to indemnify and hold harmless the City of Omaha for any liability arising
out of the improper use of the information provided.
SECTION 8. 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 the process, during the term of this
Contract 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
1
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(2) Mike Schafer, Executive Director
League of Human Dignity, Inc.
5513 Center Street
Omaha,Nebraska 68106
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above:
ATTEST: CITY OF MAHA:
LERK OF THE CITY OF OMAHA M O OF THE CITY OF OMA
ATTEST: LEAGUE OF HUMAN IGNITY, INC.
kT -or i
Assi��t-See a Mike Schafer, Exac�utive Director
CPI
Date
APPROVED AS TO FORM:
K)7(‘94,t) Q
ASSISTANT CITY ATTORNEY
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SCHEDULE OF EXHIBITS
Agreement
Exhibit Location Description
A 1.8 Definition-Program Income
B 1.10 Median Income by Family Size
C 1.12 Articles of Incorporation and Board of Directors
D 3.2 & 3.5 Scope of Work
E 3.9 OMB Circular No. A-133
F 5.1.1 Annual Operating Budget
G 6.1 Equal Employment Opportunity Clause
H 6.1 Affirmative Action Plan
I 6.2 OMB Circular No. A-122
J 6.2 OMB Circular No. A-110
K 6.3 OMB Circular A-133
L 6.11 Other Program Requirements Handbook 6500 Subpart K
M 6.12 Termination- CFR 85.43 - 85.44
Exhibits identified herein are made a part hereof by reference and are a part of the provisions of
the Agreement. Exhibits A, E, and G through L are on file in the Planning Department.
P:\PLN2\5978.SAP
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EXHIBIT "B"
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EXHIBIT "C"
• BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE LEAGUE OF HUMAN
DIGNITY:
WHEREAS, the League of Human Dignity Incorporated's primary
goal is to assist persons who are disabled to become and remain
independent functioning individuals;and,
WHEREAS, the League of Human Dignity received a grant from the
U.S. Department of Education, Rehabilitation Services
Administration , to establish and operate a center for independent
living in Omaha Nebraska; and,
WHEREAS, a significant barrier to living independently in
Omaha Nebraska is a lack of affordable architecturally accessible
housing;and,
WHEREAS, making existing housing architecturally accessible is
a cost effective method of developing architecturally accessible
housing;and,
WHEREAS, the League of Human Dignity,Incorporated has
developed a program to provide services and grants to Omaha
Nebraska's disabled residents for the purpose of making housing
accessible;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
• THE LEAGUE OF HUMAN DIGNITY, INCORPORATED:
THAT, The League of Human Dignity, Incorporated will apply to
the City of Omaha Nebraska Community Development Block Grant
Program for funds to operate a barrier removal program, and that
the Michael C. Schafer; Chief Executive Officer, is hereby
authorized to sign all necessary documents on behalf of the League
of Human Dignity, Incorporated.
I hereby ert' f h • ' . I u and correct copy of the
resolu o a o t b ea. Human Dignity Incorporated
Board r a its March 25, meeting. }
S cretary, League of Human Dignity Board of Directors Date
Cf /
Chair, League of Human D nity Board of Directors Date
•
LEAGUE OF HUMAN DIGNITY, INC.
BOARD OF DIRECTORS ROSTER
1997
Robert Allington Kevin Underwood
ISCO 2420 Marilynn Avenue
4700 Superior Lincoln, NE 68502
Lincoln, NE 68504 423-8395
464-0231
Tom Clift, Chair
330 No . 34th #4 Tom O'Brien
Lincoln, NE 68503 - 330 No. 34th #3
477-5929 Lincoln, NE 68503
476-6109
Stan Dinkelman Tony Mickells
723 Hutchins Avenue 13304 So . 24th
York, NE 68467 Bellevue, NE 68123
362-6371 402-291-1874
James Faimon, Secretary/Treasurer
City Attorney' s Office
555 So . 10th Jim Keef
Lincoln, NE 68508 4602 Grassridge
441-7288 Lincoln, NE 685.12
421-9665
Ernest Uhrenholdt
Box 111 Route 2 Paul Moore
Elgin, NE 68636 1301 Washington
843-5531 Lincoln, NE 68502
477-4834
Laura Moore
1301 Washington Jack Johnston
Lincoln, NE 68502 240 No. 31st , Apt . A
477-4834 . Lincoln, NE 68503
475-7206
CONSTITUTION OF THE
• LEAGUE OF HUMAN DIGNITY
ARTICLE I
NAME
This organization shall be known as the LEAGUE OF HUMAN DIGNITY.
ARTICLE II
PURPOSE
The purpose of this organization shall be to foster and promote the
social , vocational , political and economic betterment of persons
experiencing a physical disability and engage in activities to
accomplish these purposes.
ARTICLE III
MEMBERSHIP
A. ACTIVE MEMBERSHIP: An active member shall be a person interested
in the promotion of the purposes of this organization and who shall
have their annual dues paid in accordance with the BYLAWS.
B. ASSOCIATE MEMBERSHIP: An associate member shall be a person
` interested i.n the promotion of the purposes of this organization
and who shall have their annual dues paid in accordance with the
BYLAWS.
C. SUPPORTING ME_.MBERSHIP; A supporting member shall be a person
or entity who or which supports the purposes of this organization
and has made such contributions as provided by the BYLAWS.
ARTICLE IV
DUES
Dues shall be payable in such amount and in such manner as the
BYLAWS shall provide.
2-
Page 2
ARTICLE V
FINANCES
Section 1 . Receipts and Disbursements - All money received by this
organization from dues and other sources shall be deposited into a.
fund , or such special funds, as may be required or established by
the League of Human Dignity, Inc . , and disbursements therefrom shall
not be without the approval of the general membership, except,
however, that certain specified funds may be disbursed in accordance
with the provisions of Section 2 of this article .
Section 2. Special Funds - The Executive Council may, when appro-
priate, establish and maintain special accounts with the League of
Human Dignity, Inc . , for funds derived from inheritances, gifts. ,
and endowments which are identified for specific projects, programs,
or activities; or from mutual trust activities in participation with
any other individuals, service groups or community betterment
projects .
Section 3. Budget and Finance - Each year , the Budget and Finance
Committee, consisting of at least the President and Treasurer,
will prepare and recommend to the Executive Council a budget of the
financial needs of the organization ; and shall supervise the finances
of any and all activities conducted by the membership.
ARTICLE VI •
EXECUTIVE COUNCIL
Section 1 . The Executive Council shall consist of the President.
First Vice-President, Second Vice-President, Secretary, Treasurer,
and the chairpersons of the various committees, which committee
chairpersons shall sit ex-officio without the rights of vote on
said council . At least (3) of the officers of the executive
council shall experience a disability.
Section 2. A meeting of the Executive Council shall be held at
least once every three months .
Section 3 . A quorum shall be (3) members of the existing_
Executive Council present and voting .
Section 4. The duties. of the Executive Council shall be:
a. Approve committee chairs appointed by the
President.
.1
P Ir1p.
b. Supervise funds and accounts of the organization .
c . Generally direct and supervise the operation of
this organization .
ARTICLE VII
Section 1 . Titles of officers - The officers of this org_nization
shall be:
1 . President
2. First Vice-President
3. Second Vice-President
4. Secretary
5. Treasurer
Section 2 . Duties of the officers - The duties of the officers shall
be as set forth in the BYLAWS of the organization .
Section 3. Office Vacancies - Whenever there shall occur , prior to
the expiration of an officer' s term, a vacancy in the office of
President, the First Vice-President shall assume such post. All
other vacancies shall be filled by appointment of the President
with approval of the Executive Council .
ARTICLE VIII
Section 1 . Bylaw Adoption - The membership, by majority vote of
( those present and voting at a regular meeting of the organization
or at a duly called special meeting , may adopt such bylaws as may
be required to carry out the purposes of this organization .
ARTICLE IX
Section 1 . Election of Officers and Term of Office - Elections
shall be held in the January or February meetings of the
organization . Elections for the offices of President, Second
•
Vice-President, and Secretary shall be held in even numbered
years convening in 1990. And the offices of First Vice-President
and Treasurer shall be held in odd numbered years. In 1990, the
office of First Vice-President and Treasurer shall be filled for
a term of one year.
Section 2. Each member of the Executive Council shall serve for
two years to the office of which he or she is elected and shall
not succeed himself or herself for more than one term in such
office (a total of (4) consecutive years) .
\
Section 3. A term of office shall mean that an officer has served
12 months or more in that capacity.
ARTICLE X
CHAPTERS
Section 1 . Any Nebraska based organization that is comprised of
persons who experience physical disabilities may become a chapter
of the League of Human Dignity by:
A. Completion and submission of the League of Human Dignity,
Chapter Application ,
B. Ascribing to and adopting the philosophy statement of the
League of Human Dignity,
C. Adopting a constitution and by-laws that are not in conflict
with the philosophy statement and/or purpose of the League of
Human Dignity.
D. Not engaging in or supporting legislation that is antithetical
to the League' s purpose, philosophy statement, or the general
well being of persons who experience physical disabilities.
E. Conforming to generally accepted auditing standards which may
include an agreement between the organization and League of Human
Dignity , Inc . , regarding the implementation of such standards.
F . Submitting quarterly reports of finances and activities to
the League of Human Dignity.
G. Having a delegate who will serve on the League of Human
Dignity Executive Council and the League of Human Dignity ,
Inc . , Board of Directors.
H. Having at least ten members of the organization .
ARTICLE XI
AMENDMENTS
Section 1 . This constitution may be amended or repealed by a
two-thirds majority vote of the members present at any General
Membership Meeting of which written notice of said amendment or
repeal has been mailed to the members at least thirty ( 30) days
in advance of such vote, and any such amendment shall be read
at least once at a membership meeting prior to the taking of
such vote.
Any member who is physically unable to attend and is in good
standing may contact the Secretary for an absentee ballot for
purposes of voting on such amendment.
Adopted by General Membership _---. -_
• February 1.2, 1990 Secretary
•
BYLAWS
THE LEAGUE OF HUMAN DIGNITY
ARTICLE I
Section 1 . It shall be the duty and responsibility of each member.
to endeavor to participate in this organization 's efforts to fulfill
its purposes in accordance with Article II of the Constitution .
Section 2 . An active membership shall be one whose dues are paid
at the time of any meeting and such member shall be entitled to a
vote in the proceedings of the organization .
ARTICLE II
•
DUES
Effective September 1 , 1990
Section 1 . Annual dues for active and associate membership in this
organization shall be due September ( 1 ) for each fiscal year, and
delinquent November ( 1. ) of the same year. Active memberships shell
be in the amount of $10.00 Associate memberships shall be $7.00,
and such associate memberships shall not entitle the member to a
vote. Supporting memberships shall be as follows:
�... Contributor - $25.00, Sustaining - $50.00, and Patron - $100.00.
Section 2. In lieu of payment of membership dues a member may
provide services to the organization the value of which shall be
determined by the Executive Council or said Executive Council may
. waive required membership dues.
ARTICLE III
PRESIDENT
Section 1 . DUTIES AND RESPONSIBILITIES - The President shall :
a. do his or her utmost in promoting the
best interests of the organization and he
or she shall direct the business and
affairs of the organization , •
b. preside at all general meetings of
the organization and of the Executive
Council ,
Page 2
c . sign records,
d . generally guide the organization
and the officers,
e . perform all such other duties as
are necessarily incumbent to said office,
f . devote such time and attention to the
business and affairs of the organization
as the proper performance of the above
duties may make necessary,
g . at the commencement of his or her term
appoint committee chairs as he or she deems
necessary.
ARTICLE IV
FIRST VICE-PRESIDENT
In the absence or disability of the President, the Vice-President
shall perform all the duties of President.
ARTICLE V
SECOND VICE-PRESIDENT
Duties of the Second Vice-President shall be, but are not limited
to:
a. assume the duties of or preside over meetings at
the organization , when the President and First Vice-
President are not available to exercise such duties ,
and , •
b. such Second Vice-President will act as
parliamentarian .
ARTICLE VI
SECRETARY
The Secretary shall keep the minutes of all proceedings at the
genera]. and Executive Council meetings and record the same. He
or she s.ha.l. l dye notice of all meetings_ and perform such duties
as his or her office may require.
ARTICLE VII
TREASURER
The Treasurer shall receive and safely keep all funds ( or money) of
the organization and pay out the same only on the order of the
Executive Council . Such funds may be administered by administrative
service personnel as may be approved by Executive Council . He or
she shall present a financial report for the annual meeting .
ARTICLE VIII
MEETINGS
Section 1. . There shall be at least eight general membership meetings
of this organization every year.
Section 2. The annual meeting shall be held at the regular meeting
in January or February and shall be for the purpose of elec
ting
p p e ctinq
officers , receiving reports of officers and committees , the annual
audit and any other business that may arise.
ARTICLE IX
PARLIAMENTARY AUTHORITY
ROBERTS RULES OF ORDER, newly revised , shall be the parliamentary
authority on all matters not covered by the Bylaws of this
organization .
Adopted by General Membership
February 12, 1990
EXHIBIT 'D'
SCOPE OF WORK
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
BARRIER REMOVAL PROGRAM
OMAHA, NEBRASKA
GUIDELINES
January 1, 1998
I . PURPOSE
To assist in the removal and/or modification of barriers for low and
moderate income households with at least one family member who
experiences a physical disability. Projects are tailored to meet the
accessibility needs of the family and are financed by a grant to the
landlord/owner for structural modifications and/or a grant to the tenant
for removable items. The maximum grant per tenant/consumer is $5,000,
which includes a $500.00 reserve for contingency.
II . SCOPE OF SERVICES
The League of Human Dignity administers the Barrier Removal Program
consisting of barrier removal grants and outreach. Assistance is available
on a city-wide basis.
III . BARRIER REMOVAL GRANT PROGRAM
A. Eligibility Criteria
Owner/occupant households and renters may be eligibile to
participate in the Barrier Removal Program if:
1
1 . Your household income is at or below 80% of the
"Median Income by Family Size" as published by HUD
to reflect the current or most recent income level
statistics. (See Attachment "A")
2. One or more family member has a mobility
impairment or disability which impedes his or her
ability to live independently without modification
to the residential unit; and,
3. You are not a City employee.
Landlord/owners and foster or boarding homeowners may be
eligible to participate in the Barrier Removal Program if:
1 . You provide a rental unit to an eligible tenant; and,
2. Real estate taxes and special assessments on the
property are current; and
3. You are not a City employee.
Persons living in rental units shall be responsible for
contacting their landlord to discuss the possibility of making
their units accessible.
Landlord/owners must accept the conditions specified in
Sections H, I, J and K.
B. Definitions
In order to provide guidance and consistency, the Social
Security Administration's disability definition and the Title I
Housing and Community Development Act definition of who is
considered handicapped and/or disabled will be used.
2
1 . DISABLED: The inability to engage in any substantial
gainful activity by reason of any medically determinable
physical or mental impairment which can be expected to
last for a continuous period of not less than twelve
months. In making a determination, the worker's
impairments must be the primary reason for his inability
to engage in substantial gainful activity, although his
age, education and work experienced are also taken into
consideration.
2. HANDICAPPED: A person is determined to have an
impairment which (i) is expected to be of long continued
and indefinite duration, (ii) substantially impedes his
ability to live independently, and (iii) is of such a nature
that such disability could be improved by more suitable
housing conditions.
The League shall place an emphasis upon assisting individuals
with severe impairments that are of considerable duration.
Impairments must be of sufficient severity and duration and
not periodic or temporary in nature.
C. Eligible Items
Items determined eligible will be based upon Federal Statute
40.4 (a), which states:
"Residential structures ... shall be designed, constructed, or
altered to insure that physically handicapped persons will have
ready access to, and use of, such structures."
Consequently, the Barrier Removal Program will place greater
emphasis upon structural renovations allowing disabled
persons to physically access and utilize their residence more
easily, and lesser emphasis on purchase of equipment, unless
the equipment removes a barrier.
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3
Eligible items are divided into three categories based on
priority. Medium and low priorityitems that are eligible under
g
the program should be included only after high priority needs
have been met, or if they accompany high priority items.
The items listed below qre not all inclusive, but are a listing
of examples. Items to be funded through this program should
be determined on a case-by-case basis and should always
address the most urgent accessiblity needs.
High Priority Items
1 . Entrances
Platform Lift
• Stair Glide
• Outside ramps
Doorways
Handrails on ramps
Door landings
Hall widening
Mini-elevators
Thresholds
Sidewalks leading to home entry
• Steps
(Precast steps are eligible if the existing steps are
determined too steep or wide for accessibility.
Handrails should be installed only if the steps are in
reasonably good condition, but the individual needs
support when using steps.)
2. Doors and Windows
Unobstructed openings
Lever-like handles
• Openings and ventilation mechanisms easy to
operate
• Automatic door-opening devices
4
3. Bathrooms
Wheelchair accessibility
Toilet grab bars
Toilet seat at correct height
Bathroom doors widened
Lavatory mounted properly
• Tub handrails and seats
• Anti-slip surfaces for tub and showers
Tub lift
Shower frontage
• Shower handrail and seat
4. Bedroom
• Wheelchair accessibility
Trapeze bar
Medium Priority Items
Doorknobs and handles
Non-slip floors in rooms other than bathrooms
Light switches - master
• Switches at appropriate level
• Accessible window panes
Mirror/medicine cabinet at appropriate level
• Mattress level adjusted
• Kitchen sink height
Kitchen turning space
Kitchen storage space
Refrigerator accessible
• Signal systems (e.g. flashing signals and multi-
purpose signaler systems) that are wired into
structure
Low Priority Items
• Kickplates on doors
• Carpeting ,r
Soap dishes
5
Towel racks
Bathroom door locks
Closet doors
Dressing table
Storage space
Kitchen sit-down center
Toe space under kitchen cabinets
Kitchen faucets and controls
Reaching devices
D. Administration of Services
The League of Human Dignity will coordinate application
processing for assistance and/or financial aid with the
following agencies:
City of Omaha Planning Department, Housing and
Community Development Division
Nebraska Department of Social Services
Paralyzed Veterans of American, Great Plains Chapter
Vocational Rehabilitation Services
Nebraska Commission for the Hearing Impaired (Omaha
Office)
Nebraska Services for the Visually Impaired, Omaha
District
Eastern Nebraska Office on Aging
Nebraska Assistive Technology Project
Veterans Administration
E Procedures i
The League of Human Dignity (LHD) will make the initial
contact with the applicant to identify his/her needs, determine
financial eligibility and prepare a work write-up.
6 � `
If the LHD desires assistance in making a decision of
eligibility or determination of the extent of modifications
needed, or if the LHD needs assistance concerning building
codes and design, contact will be made with the Planning
Department, Housing and Community Development (HCD)
Division.
If the LHD determines that the applicant's needs exceed the
Barrier Removal Program, LHD will contact the Planning
Department, Housing and Community Development Division to
determine if referral to one of the City's Rehabilitation
Programs is appropriate. If the applicant is eligible to
participate in a Rehabilitation Program, the LHD will assist
the HCD Division to determine barrier removal modification
needs prior to the work write-up.
The following steps shall be followed for processing:
1 . Outreach - preliminary data gathering
a. Applicant interview
b. Needs identified and prioritized
c. Eligibility determined (include verification of
income and checking and savings account deposits;
and verification of ownership and tax status with a
title certificate for applications that involve
modification of real estate
2. Outreach
a. Notification concerning program participation
3. Work Write-up - Prepare Final
a. Research equipment and designs as needed
b. Consult with city codes or Rehabilitation Division
c. in rental units, contact landlord to get permission
to do modifications
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4. League of Human Dignity employees may be used for
minor rehabilitation tasks on barrier removal projects.
5. Bids
a. Prepare final bid specifications and bid invitations
b. Mail bid invitations
c. Bid opening, tabulation, and award contract
d. Obtain grantee and contractor signatures on
contracts. The League will obtain signatures from
all owners of record on contracts which involve
modifications to real estate.
e. Authorize contractor to begin job
6. Job Implementation
a. Monitor work of contractor
b. Certification of payment
c. Final inspection
d. Final payment to contractor
F. Eligibility Requirements
The LHD wil be responsible for determining the eligibility of
applicants seeking financial assistance. Financial assistance
will be based on income qualifications and owner/renter
status.
1 . If an applicant is a renter, he/she must follow
procedures outlined in these guidelines under Section H.
Conditions for Landlord.
2. A landlord/owner may be an applicant, in which case the
annual household gross income eligibility requirement
shall be applied to tenants of the unit after barrier
modifications are made. No financial assistance will be
provided to a landlord/owner unless it is known that
potential disabled tenants are in need of housing which
has undergone barrier removal.
8
3. Owner/occupant households meeting the low/moderate
income guidelines and needing accessibilty
improvements are eligible to receive a barrier removal
grant.
G. Definition of Annual Household Income
Annual Income. Annual income is defined as the anticipated
total income from all sources received by an individual or the
family head and spouse (even if temporarily absent) and by
each additional member of the family over the age of 18 years
(including full-time students) residing in the same household,
including all net income derived from assets, for the 12-month
period following the effective date of initial determination of
eligibility as listed under "Income Inclusions" exclusive of
income that is temporary, nonrecurring or sporadic as listed in
item (I) under "Income Exclusions" and exclusive of certain
other types of income as listed in items (2) - (4) under
"Income Exclusions".
Income Inclusions
Annual Income shall include:
1 . The full amount, before any payroll deductions, of wages
and salaries, overtime pay, commissions, fees, tips and
bonuses, and other compensation for personal services;
2. The net income from operation of a business or
profession (for this purpose, expenditures for business
expansion or amortization of capital indebtedness and an
allowance for depreciation of capital assets shall not be
deducted to determine the net income from a business);
3. Interest, dividends and other net income of any kind from
real or personal property savings, stocks, bonds, trust
funds, and other forms of capital investment (for this
purpose, expenditures for amortization of capital
indebtedness and an allowance for depreciation of
capital assets shall not be deducted to determine the net \ f
9
income from real or personal property);
4. The full amount of periodic payments received from
social security, annuities, insurance policies, retirement
funds, pensions, disability or death benefits and other
similar types of periodic receipts, including a lump-sum
payment for the delayed start of periodic payment;
5. Payments in lieu of earnings, such as unemployment and
disability compensation, worker's compensation and
severance pay (but see Item 1(c) under "Income
Exclusions").
6. Public assistance. If the public assistance payment
includes an amount specifically designed for shelter and
utilities, that is subject to adjustment by the public
assistance agency in accordance with the actual cost of
shelter and utilities, the amount of public assistance
income to be included as income shall consist of:
a. The amount of the allowance or grant exclusive of
the amount specificaly designated for shelter or
utilities, plus
b. The maximum amount that the public assistance
agency could in fact allow the family for shelter
and utilities. If the family's public assistance is
ratably reduced from the standard need by applying
a percentage, the amount calculated under this
paragraph shall be the amount resulting from one
application of the percentage.
7. Periodic and determinable allowances, such as alimony
and child support payments, and regular contributions or
gifts received from persons not residing in the dwelling;
8. All regular pay, special pay and allowances of member of
the armed forces (whether or not living in the dwelling)
who is head of the family, spouse, or other person whose
dependents are residing in the unit (but see Item 1(e) /
10
under "Income Exclusions"); and,
9. Any earned income tax credit to the extent it exceeds
income tax liability.
Income Exclusions
Annual Income shall not include:
I . Temporary, non-recurring or sporadic income as the
- following:
a. Casual, sporadic or irregular gifts;
b. Amounts that are specifically for, or in
reimbursement of, the cost of medical expenses;
c. Lump-sum additions to family assets, such as
inheritances, insurance payments (including
payments under health and accidence insurance and
worker's compensation), capital gains and
settlement for personal or property losses (but see
Item 5 under "Income Inclusions");
d. Amounts of educational scholarships paid directly
to the student or to the educational institution, and
amounts paid by the Government to a veteran for
use in meeting the costs of tuition, fees, books and
equipment. Any amounts of such scholarships, or
payments to veterans, not used for the above
purpose that are available for subsistence are to be
included in income; and,
e. The hazardous duty pay to a family member in the
Armed Forces away from home and exposed to
hostile fire.
2. Income from employment of children (including foster
children) under the age of 18 years.
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3. Payment received for the care of foster children.
4. Amount specifically excluded by any other Federal
statute from consideration as income for purpose of
determining eligibility. The following are examples of
income subject to such exclusion:
(a) Relocation payments made under Title II of the
Uniform Relocation Assistance and Real Property
Acquisition Act of 1970 (42 U.S.C. 4621-4638);
(b) The value of the allotment provided to an eligible
household for coupons under the Food Stamp Act of
1977 (U.S.0 2011-2029);
(c) Payments to volunteers under the Domestic
Volunteer Service Act of 1973 (42 U.S.C. 4951 -
4993); and
(d) Payments or allowances made under the
Department of Health and Human Services' Low
Income Home Energy Assistance Program (42 U.S.C.
8621 -8629).
H. Conditions for Landlords
The landlord must agree to make all accessibility
modifications deemed necessary by the LHD for which funding
is secured. Furthermore, the landlord must agree to provide
the accessible living unit for a renter with a physical
disability for a period of not less than three years. Evidence
of making the unit available to a renter with a physical
disability includes: advertising the unit as an accessible unit,
and notifying the League of Human Dignity of the availability
of the unit.
The landlord must have a rental unit that can be modified to
provide an accessible living unit for an individual with a
physical disability as required by the League of Human Dignity. jr
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12
The landlord must agree that if, for any reason, he/she decides
not to continue to rent the improved unit to a person with a
physical disability in need of an accessible living unit, he/she
will rebate a portion of the initial grant at a rate of 100
percent of the first year, 50 percent of the second year, 25
percent of the third year, and thereafter, zero percent (see
Attachment "B").
If the structure has undergone barrier removal modification as
a part of the Barrier Removal Program, the League of Human
Dignity will determine the amount of Community Development
Block Grant funds expended for barrier removal modifications.
If the landlord does not continue to rent the improved unit to a
person with a physical disability, the Community Development
Block Grant portion expended on barrier removal wil be paid
back at a rate of 100 percent the first year, 50 percent the
second year, 25 percent the third year, and zero percent
thereafter.
Conditions for Owners
The owner(s) must agree to make all accessibility
modifications deemed necessary by the LHD for which funding
is secured. Furthermore, the owner(s) must agree to provide
the accessible living unit to a household member with a
physical disability for a period of not less than three years.
The owner(s) must have a living unit that can be modified to
provide an accessible living unit for a household member with
a physical disability as required by the League of Human
Dignity.
The owner(s) must agree that if he/she sells or moves from
the property which was modified, the owner(s) will rebate a
portion of the initial grant at a rate of 100 percent of the first
year and, thereafter, zero percent. These conditions apply to
any changes in ownership of the improved unit.
If the structure has undergone barrier removal modification as
a part of the Barrier Removal Program, the League of Humane
13
Dignity will determine the amount of Community Block Grant
Funds expended for barrier removal modifications. If the
homeowner sell or moves from the modified property/home,
the owner(s) will rebate the Community Development Block
Grant porton at a rate of 100 percent the first year, 50 percent
the second year, 25 percent the third year and zero percent
thereafter. These conditions apply to any change in ownership
of the improved unit.
J. Restoration to Original Condition
The landlord must agree to hold neither the City of Omaha nor
the League of Human Dignity responsible for any costs
associated with restoring the unit to its original condition if
the tenant moves. If the landlord so chooses, the landlord and
tenant must negotiate any agreement to cover costs of
restoration.
K.. Displacement of Tenants
In no event shall any person or family be displaced, either
permanently or temporarily, from the property undergoing the
barrier removal project.
L. Non-discrimination on the Basis of Handicapped Status
The League of Human Dignity does not discriminate on the
basis of handicapped status in the admission or access to, or
treatment or employment in, its federally assisted programs
or activities.
14
EXHIBIT "F"
BUDGET - 1998
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
LEAGUE OF HUMAN DIGNITY, INC.
BARRIER REMOVAL PROGRAM
Barrier Removal Grants
and Miscellaneous Project Costs:
Title Searches
$ 85,497
Operations Costs:
Salary and Benefits: Housing
and Design Specialist $ 18,000
Budget Total $103,497
Cf
League of Human Dignity Barrier Removal Program Spending Review
Date of Report: April 3, 1998
Grant Total Total Projects Projects
period budget expended budget expended
3/1/93 -- 2/28/94 $115,000 $20,382 18% $97,000 $3,262 3%
3/1/94 -- 2/28/95 $129,618 $41 ,437 32% $111 ,618 $23,437 21 %
3/1/95 -- 12/31/95 $88,181 $40,017 45% $73,181 $25,017 34%
1/1/96 -- 12/31/96 $98,700 $46,774 47% $80,700 $34,528 43%
1/1/97 -- 12/31/97 $125,176 $21,679 17% $107,176 $12,539 12%
1'
625A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr April 28 19 98
PAGE-2-
WHEREAS,it is in the best interest of the City of Omaha to enter into an Agreement
with the League of Human Dignity,Inc.,a copy of the Agreement is attached hereto and made a part
hereof as though recited herein.
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 League of Human Dignity, Inc., 5513 Center, Omaha, Nebraska 68106, in the
amount of$103,497 comprised of$75,000 in FY 1997 funds and$28,497 in FY 1996 carry-over
funds for barrier removal services for the period from January 1, 1998 through June 30, 1998 is
hereby approved. Funds shall be paid from the Community Development Block Grant Fund No. 193,
Organization Number 8317,Barrier Removal.
P:\PLN2\5979.SAP APPRO D AS TO FORM:
• >VOX) 1/-/0 q(
ASSISTANT CITY ATTORNEY Date
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Adopted AP.R.. 8..199 ! V
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Approved. . /
Mayor
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