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City of Omaha July 29, 1 97 '
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The attached proposed Resolution authorizes the Mayor to execute an Agreement between the City
of Omaha and Family Service, a Nebraska non-profit corporation, in the amount of$100,000, to
partially defray costs incurred to improve the facility located at 6720 North 30th Street.
On December 3, 1996, by Resolution No. 3195, the City Council approved the 1997 Consolidated
Submission for Community Planning and Development Programs, which includes Family Service
North Office improvements as part of the City's FY 97 Community Development Block Grant
Program.
Funding for this project will be secured with a covenant running with the land for a period of five
years, assuring continued use of the facility as a family, children and youth services center. The
covenant will be filed with the Register of Deeds at the time of the grant closing.
In accordance with requirements of the Americans with Disabilities Act and Section 504 of the '
Rehabilitation Act of 1973,the facility shall,to the maximum extent feasible, be made to be readily
accessible to and usable by individuals with handicaps.
The Contractor has on file a current Annual Contract Compliance Report Form(CC-1). As is City
policy,the Human Relations Department will review the Contractor to ensure compliance with the
Contract Compliance Ordinance. '
We urge your favorable consideration of this Resolution.
Respectfully submitted, Approved:
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T. lanning Director Date �/ George/L. Davis, Jr., Date
Acting Iuman Relations Director 7`" r
proved: Referr to Cit Counc' or onsideration:
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Louis A. D'ErcoleYr, Date \ Mayor's Office/Title Date
Acting Finance Director \ - /
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A
• AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal
Corporation in Douglas County,Nebraska(sometimes hereinafter referred to as "City"), and Family
Service, 2240 Landon Court, Omaha, Nebraska 68102, a Non-profit Corporation, (sometimes
hereinafter referred to as "Owner") on the terms, conditions and provisions as set forth below:
RECITALS:
WHEREAS, the City of Omaha is a municipal corporation located in Douglas County,
Nebraska, and is organized and existing under the laws of the State of Nebraska, and is authorized
and empowered to exercise all powers conferred by the State constitution, laws, Home Rule Charter
of the City of Omaha, 1956, as amended, and local ordinances, including but not limited to, the
power to contract; and,
WHEREAS, the City of Omaha annually receives Community Development Block Grant
funds under Title I of the Housing and Community Development Act of 1974, as amended, for the
purposes of benefiting low and moderate income residents, eliminating slums and blight and for
other urgent community development needs; and,
WHEREAS, the City of Omaha's FY 1997 Consolidated Submission for Community
Planning and Development Programs (sometimes hereinafter referred to as "Consolidated Plan"),
outlining priorities,programs, and funding allocations for the 1997 program year, was approved on
December 3, 1996, by City Council Resolution No. 3195, as amended; and,
WHEREAS,the Consolidated Plan identified the provision of facility improvements for the
Family Service North Office as a priority need in the City of Omaha; and,
WHEREAS, Family Service has secured matching funds in the amount of$145,440; and,
WHEREAS, Family Service proposes to purchase and improve their North Office located
at 6720 North 30th Street, this proposal being consistent with the Consolidated Plan; and,
�.
WHEREAS,it is in the best interests of the City of Omaha and the residents thereof that the
City enter into an Agreement with Family Service to provide funding in the amount of$100,000 for
improvement of the Family Service North Office.
NOW,THEREFORE,in consideration of these mutual covenants,the parties do hereby agree
as follows:
SECTION 1. DEFINITIONS -ABBREVIATIONS
1.1 "City" shall mean-the City of Omaha, a Nebraska Municipal Corporation.
1.2 "Owner" shall mean-Family Service,2240 Landon Court, Omaha,Nebraska 68102,
a non-profit corporation. (See Exhibit A)
1.3 "Director" shall mean-the Planning Department Director of the City of Omaha.
1.4 "Recipient" shall mean-the City of Omaha.
1.5 "Subrecipient" shall mean - a public or private non-profit agency, authority or
organization receiving CDBG funds to undertake eligible activities. In this
Agreement,the subrecipient is Family Service.
1.6 "HUD" shall mean-the U.S. Department of Housing and Urban Development.
1.7 "Community Development Block Grant (CDBG)" shall mean - the program
conducted under the provisions of the Housing and Community Development Act of
1974,as amended(42 U.S.C. 5301 eq. seq.)and the Code of Federal Regulations(24
CFR Part 570).
1.8 "CDBG Funds" shall mean - the portion of the Community Development Block
Grant awarded to the City as may be available during Program year 1997 for the use
specified herein, in an amount not to exceed $100,000 subject to the terms,
conditions, and requirements of said Grant.
1.9 "Grant" shall mean - non-repayable CDBG funds made subject to the terms,
conditions and provisions of the grant agreement under which said grant is made.
1.10 "Property" or "Subject Property" shall mean - the property described as Husker
Addition, Lots 1, 2 and 3, Block 0, commonly known as 6720 North 30th Street.
1.11 "Construction Contract" shall mean-ensuing contracts for all work to be performed
upon the property.
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• 1.12 "Construction Work" shall mean- all work or services provided for in professional
services or construction contracts and as may be required hereunder. (See Exhibit
B Scope of Work.)
1.13 "Program Income" shall mean - 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 C.)
1.14 "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
2.1 Subject to and conditioned upon actual receipt of same, the City agrees to make
available to the Owner $100,000 in CDBG funds, in the form of a Grant, for the
purposes set forth in this Agreement, and as detailed in Exhibit A Scope of Work
incorporated herein by this reference.
2.1.1 Funding shall be used only for improvement of the Family Service North
Office.
2.1.2 Performance bonds and insurance, required by the Director, shall name the
City as an additional insured.
2.1.3 City funding pursuant to this Section shall be contingent upon receipt of and
subject to the availability of CDBG funds in amounts adequate to meet any
contractual obligations in force upon the date of execution of this Agreement
as well as this proposed obligation. Should adequate funding not be
available,the City shall notify the Owner as soon as reasonably possible. At
such time, the responsibilities of the Owner under Section 3 of this
Agreement shall be released,the provisions of Section 6,Paragraph 6.10 will
be exercised and the Agreement will be terminated.
2.1.4 The Owner may not request disbursement of funds under this Agreement
until the funds are needed for payment of eligible costs based upon the value
of the construction, administration, or professional service work completed
at the time the payment request is made.
2.2 Progress payments and final payment, as may be authorized by the Director or his
designated representative, are subject to:
2.2.1 Receipt,verification and approval of an AIA Document G702 "Application
and Certificate for Payment, such document being prepared by the Owner's
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architect and approved by the Owner and the City rehabilitation specialist
before being submitted to the Planning Department for payment.
2.2.2 A 10% retainage, held by the City until all punch list items have been
corrected to the satisfaction of the Owner and the City of Omaha
rehabilitation specialist assigned to this project.
2.3 In no event shall the City assume any obligation to make any or all of the above-
referenced funding available,nor shall the City incur any liability hereunder, unless
and until the Owner has submitted for and received the approval of the Director of
all of the following:
2.3.1 Duly executed contracts for Construction Work;
2.3.2 A Performance and Labor Material Bond and/or an Irrevocable Letter of
Credit in force for one year following the completion of the Rehabilitation
Work from the Owner/General Contractor and all subcontractors in an
aggregate amount of the contract bid. The Bonds and/or Letters of Credit
shall be in favor of the City and shall be submitted to the Director for review
and approval. The City reserves the right to reject the Letters of Credit and
choice of surety for the Bonds.
2.3.3 Evidence that Owner funding is available as required by Section 3.3 herein.
2.4 No payments shall be made for any work,labor,material or expenses incurred which
the Director deems to be:
2.4.1 Unacceptable or substandard; or,
2.4.2 Not in accordance with this Agreement or contract as approved for this
project; or,
2.4.3 Not in conformance with applicable state,federal and/or local laws,including
but not limited to, the building, plumbing and/or electrical codes; or,
2.4.4 Not in conformance with all plans, working drawings and/or specifications
as approved.
Further, any such construction related payments or construction progress payments
shall be made from, and be attributable to, each funding source in proportion to the
approximate percentage that same bears to the total amount of funding hereunder,
which for the purpose of this section, are hereby established in Exhibit B of this
Agreement.
2.5 In no event shall the City become obligated to make any payments for any work
performed, materials furnished, expense incurred, or any other expenditure of any
kind whatsoever,unless same is expressly included in this Agreement, nor shall the
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• Cityincur anyliabilityhereunder, unless and until the Owner has timelyand fully
complied with its duties and obligations arising hereunder.
2.6 The City shall review and approve all plans,working drawings and/or specifications
and perform interim and final inspections on each rehabilitation phase.
2.7 The City shall review and monitor the required reports that identify the
progress/accomplishments of the Owner,on the activities included in this Agreement
and on contracts entered into with third parties pursuant thereto.
SECTION 3. DUTIES AND RESPONSIBILITIES OF THE OWNER
3.1 The Owner does hereby certify,contract and agree that any and all funding obtained
or made available hereunder shall be used solely and exclusively for the express
purpose of improvements of the Family Service North Office(as described in Exhibit
B) in strict compliance with this Agreement and the construction contract, as
approved, as well as the plans, drawings, and other specifications, as approved.
3.2 The Owner agrees to execute an Acknowledgement of Covenants to ensure continued
compliance with the provisions of this Agreement as they relate to the property, such
Acknowledgement to be filed against each Property. An example of such
Acknowledgement of Covenants is attached hereto as Exhibit D. The Owner, for
itself, its successors and assigns, agrees that the restrictions and covenants in this
Agreement shall be covenants running with the land, and that they, in any event and
without regard to technical classification or designation, legal or otherwise, shall be
binding, to the fullest extent permitted by law and equity, and enforceable by, the
City,its successors and assigns, against Owner,its successors and assigns to any part
of the property that is the subject of this Agreement, or any interest therein and any
party in the possession or occupancy of any part of said property. The Owner, for
itself, its successors and assigns, further covenants and agrees, that without regard
to whether the City or the United States is an owner of any interest in the land to
which the covenants relate,the covenants running with the land shall remain in effect
five(5)years after the date of the completion of the construction project,the period
specified or referred to in this Agreement, or until such date thereafter to which it
may be modified by proper amendment of this Agreement, or which date such
covenants may terminate.
3.3 The Owner shall be responsible for payment of any costs that exceed those specified
in this Agreement. The Owner shall secure non-City funding in the amount of
$145,400 as matching funds for the CDBG funds and shall certify the availability of
these funds to the Director in a manner designated by him.
3.4 The Owner shall submit to the Director, for his review and approval, all working
drawings,plans and specifications necessary or incidental to this project. In addition,
the Owner shall submit a duly authorized construction contract for the Director's
review and approval. The Director reserves the right to reject,modify or amend any
or all of the foregoing. Upon approval,no changes or amendments may be made to
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any of the foregoing without the written approval of the Director. In no event shall
the City become obligated to make any payments or release grant proceeds for any
work performed,materials furnished,expenses incurred, or any other expenditure of
whatsoever kind or nature unless same was expressly included in one or more of the
above-mentioned documents as approved.
3.5 When necessary, the Owner shall:
3.5.1 Procure and maintain property insurance in an amount sufficient to protect
the City's interest in the property during the term of the Agreement and
financing documents. The policy must include the City of Omaha as an
additional insured. In the event of damage to the property, any insurance
proceeds are to be applied, at the discretion of the Director, to the
reconstruction of the property or repayment, in full, of the funding.
3.5.2 Procure and maintain Performance and Labor Materials Bonds and/or
Irrevocable Letters of Credit from all subcontractors, in favor of the City, in
an aggregate amount of the contract bid. The Letters of Credit shall be in
force for one year following the completion of the project. The Bonds and/or
Letters of Credit shall be submitted for review and approval by the Director.
The City reserves the right to reject the Letters of Credit and the choice of
surety for the Bonds.
3.5.3 Obtain the appropriate lien waivers prior to each construction payment.
3.5.4 Ensure that the Contractor procure and maintain in force for one-year
following the completion of the rehabilitation a Performance and Labor
Material Bond and/or an Irrevocable Letter of Credit in the amount of the
contract bid. The Bonds and/or Letters of Credit shall be in favor of the city
and shall be submitted for review and approval by the director. The City
reserves the right to reject the Letters of Credit and choice of surety for the
Bonds.
3.5.5 Obtain a certificate from each contractor or subcontractor to be used on this
project to the effect that each contractor or subcontractor has not been
disbarred to or disqualified by the U.S. Department of Housing and Urban
Development (HUD). The Director shall approve all contractors and
subcontractors prior to being hired by the Owner.
3.5.6 Comply with and insure that all bid documents, contracts, and subcontracts
contain the Federal Labor Standards provisions and applicable Department
of Labor wage determination and that no contractor is ineligible for
Federally-assisted work. The wage determination may be modified to keep
it current. All actions modifying a general wage determination apply unless
notice of such action is published less than 10 days before contract award.
The City will send these modifications to the Owner(Exhibit E).
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• 3.5.7 Comply with all provisions and regulations of the CDBG Program and have
an annual audit completed in compliance with OMB Circular A-133. A copy
of the audit shall be provided to the Director. OMB Circular A-133, attached
as Exhibit F.
3.5.8 Submit to the Director a certified audit of all costs including contractor costs.
This audit shall be performed by a duly qualified professional, whom shall
first be approved by the Director in writing. This audit shall be submitted to
the Director for review and approval. The final amount of the Grant will be
based on the audited costs. If the final project cost is less than the estimated
cost,the City and the Owner shall share the cost savings proportionately. If
the final project cost is greater than the estimated cost, any additional costs
shall be the responsibility of the Owner.
3.5.9 Make best efforts to ensure that construction services, contracts and
employment opportunities are affirmatively marketed to women and
members of minority groups. The Owner shall submit to the Director, for his
review and approval, a minority and women business participation plan
which discusses employment opportunities for persons in these groups. (See
Exhibit G)
3.5.10 Comply with all requirements in Federal Regulations for Environmental and
Historical review and impact on the environment(Exhibit H).
3.5.11 Comply with Section 504 of the Rehabilitation Act of 1973 regarding
accessible facilities and ensure that all work on this facility is in accordance
with the design standards as stated in the Uniform Federal Accessibility
Standards. (Exhibit I)
3.6 The Owner shall commence and complete construction in accordance with the
following:
3.6.1 The Owner shall commence work on this project as soon as possible after
receipt of a written notice to proceed from the Director. Any work performed
or costs incurred prior to the issuance of such a notice shall be the sole
responsibility of the Owner.
3.6.2 The Owner shall complete construction on or before December 31, 1997.
Upon the sole discretion of the Director, this date may be extended up to
eighteen from the date of execution of this Agreement.
3.7 During the construction period,the Owner shall:
3.7.1 Ensure that all work performed and the Construction Work as completed is
in conformance with all State, Federal, and local laws, ordinances,
regulations and codes; including, but not limited to, Section 8 Housing
Quality Standards (HQS) as established by HUD. The Director shall assist -
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• the Owner in the same manner the Director provides technical assistance to
other developers during the construction phase to ensure compliance with
such requirements.
3.7.2 Use no lead-based paint in the performance of this Agreement, including the
performance of any subcontractor. "Lead-based Paint" means any paint
containing more than six one-hundredths of one (1) percentum of lead by
weight(calculated as lead metal)in the total nonvolatile content of the paint,
or the equivalent measure of lead in the dried film of paint already applied.
The Owner further agrees to abide by all Federal requirements regarding
lead-based paint poison prevention.
3.8 During the construction period and the term of this Agreement and that of any
grant/mortgage/deed of trust/covenant documents,the Owner shall:
3.8.1 Maintain the property in a safe and sanitary condition at all times.
3.8.2 Ensure that all taxes and special assessments are paid and kept current.
3.8.3 Maintain insurance against loss or damage to the property in an aggregate
amount sufficient to protect the City's interest in the property. Such
insurance policy must be properly endorsed showing the City as Beneficiary.
In the event of loss or damage, the Owner must provide immediate written
notification to the City of any loss. Proceeds from any claim under this
policy may, at the discretion of the City, be either applied to restore or
replace the improvements damaged or be released to the City to satisfy the
Owner's obligation to the City under the terms of this Agreement.
3.8.4 Ensure that the property remains free and clear of all superior encumbrances,
including liens and judgments.
3.9 The Owner specifically hereby states, agrees and certifies that it is familiar with the
limited purpose set forth in the Federal Laws,Rules and Regulations, and in the laws
of the State of Nebraska,for which personal information requested may be used and
that the information received will be used solely for those limited purposes and not
to harass, degrade or humiliate any person. The information released shall be used
for the limited purpose stated, and the Owner further agrees to indemnify and hold
harmless the City of Omaha for any liability arising out of the improper use by the
Owner of information provided.
3.10 The Owner,Contractor and Subcontractors shall maintain such records and accounts,
including property,personnel and financial records, as are deemed necessary by the
City to assure a proper accounting for all expenses. The Comptroller General of the
United States, or any of their duly authorized representatives, or any duly authorized
representatives of the City of Omaha, as approved by the Planning Director, shall
have access to any books, documents, papers, records and accounts of the Owner,
Contractor, or subcontractors which are directly pertinent to this project for the
purpose of making audit,examination,excerpts and transcriptions. Such records and
accounts shall be retained for five years from the contract period completion. Any
contract entered into by the Owner with any Contractor or Subcontractors shall
include this Section to ensure said access.
3.11 The Owner shall submit to the City the following reports in accordance with the
submission timelines as specified:
3.11.1 Construction Progress Reports - The Owner will provide periodic reports to
the Director describing the progress of construction, and any significant
problems and/or delays in construction on this project. Reports will be
submitted at the time of each pay request, or by the 15th day of each month
if no pay request is made before the 15th day of the month (or upon request
from the director, but no more frequently than monthly). The progress
reports are required until such time as all construction work is completed and
the final payment for construction is issued by the City.
SECTION 4. TERM OF THE AGREEMENT
This Agreement will be in full force and effect and will continue for a period of eighteen
months from the date of execution by the Mayor.
SECTION 5. MUTUAL AGREEMENTS
The Owner agrees, and the City states, that the City:
5.1 Is not acting as the Owner's architect or engineer.
5.2 Makes no warranties, express or implied, as to the construction work.
5.3 Owes no duty to the Owner or any other persons that shall arise because of any
inspection of the premises by the City's agents or employees.
5.4 May inspect the property at any reasonable time, including a final inspection to
certify completion prior to final disbursement of grant/loan proceeds.
5.5 Shall be held harmless by the Owner for all injury and damages arising by virtue of
this Agreement.
SECTION 6. PROVISIONS OF THE AGREEMENT
6.1 Equal Employment Opportunity Section 3 Clause. Attached hereto as Exhibits J and
K, and made a part hereof by this reference, are the equal employment provisions of
this Agreement.
6.2 Non-Discrimination. The Owner shall not, in the performance of this Agreement,
discriminate or permit discrimination in violation of federal or state laws or local
ordinances because of race, color, handicap, familial status, sex, age, political or
religious opinions, affiliations or national origin.
6.3 Captions. Captions used in this Agreement are for convenience and are not used in
the construction of this Agreement.
6.4 Applicable Law. Parties to this Agreement shall conform with all existing and
applicable City ordinances,resolutions, state laws, federal laws, and all existing and
applicable rules and regulations. Nebraska law will govern the terms and the
performance under this Agreement.
6.5 Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected
official or any officer or employee of the City shall have a financial interest, direct
or indirect, in any City agreement. Any violation of this section with the knowledge
of the person or corporation contracting with the City shall render the Agreement
voidable by the Mayor or Council.
6.6 Merger. This Agreement shall not be merged into any other oral or written
agreement, lease or deed of any type.
6.7 Modification. This Agreement and any related documents securing the financing,
contain the entire agreement of the parties. No representations were made or relied
upon by either party other than those that are expressly set forth herein. No agent,
employee, or other representative of either party is empowered to alter any of the
terms herein unless done in writing and signed by an authorized officer of the
respective parties,pursuant to Section 10-142 of the Omaha Municipal Code.
6.8 Assignment. The Owner may not assign its rights or obligations under this
Agreement without the express prior written consent of the City.
6.9 Strict Compliance. All provisions of this Agreement and each and every document
that shall be attached shall be strictly complied with as written, and no substitution
or change shall be made except upon written direction from authorized
representatives of the parties.
6.10 Termination. This Agreement may be suspended or terminated in accordance with
24 CFR 85.43,Enforcement or 24 CFR 85.44,Termination for Convenience(Exhibit
L). Upon termination of this Agreement all funds and interest in any account
hereunder shall become the property of the City and shall be returned to the City.
6.11 Reversion of Assets. Upon the expiration of this Agreement, the Owner 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, the
Owner shall ensure that any real property under the Owner's control that was
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• 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 City; or,
(ii) Is disposed of in a manner which results in the City 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.
Not withstanding the above,this Property shall be subject to the covenant set out in
Section 3.
6.12 Indemnification. The Owner shall indemnify and hold the City harmless from and
against: (1) any and all claims arising from contracts between the Owner and third
parties made to effectuate the purposes of this Agreement; and, (2) any and all
claims, liabilities or damages arising from the preparation or presentation of any of
the work covered by this Agreement.
6.13 Default. If,through any cause,the Owner shall fail to fulfill in a timely and proper
manner any obligations under this Agreement, or violate any of the covenants,
representations or agreements hereof,the City may upon written notice terminate this
Agreement or such parts thereof as to this Agreement,and may hold the Owner liable
for any damages caused to the City by reasons of such default and termination.
6.14 Nebraska Law. This Agreement shall be a contract made under and governed by the
laws of the State of Nebraska.
6.15 Unenforceable Provisions. Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the
extent of such prohibition of enforceability without invalidating the remaining
provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
6.16 Disclosure of Lobbying. The Owner shall certify and disclose, to the best of its
knowledge and belief,that:
(a) No Federal appropriated funds have been paid or will be paid,by or on behalf
of the Owner, to any person for influencing or attempting to influence an
officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any Federal contact, 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
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or modification of any Federal contract, grant, loan, or cooperative
agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the Owner shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(c) The language of this certification be included in the award documents for all
subawards at all tiers, (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
6.17 Subrecipients. The Owner shall comply with the requirements and the standards of
OMB Circular No.A-122, "Cost Principles for the Nonprofit Organizations" (Exhibit
M), and with the requirements of Attachments A, B, C, F, H, N and 0 to OMB
Circular A-110 (Exhibit N).
6.18 Other Program Requirements. The Owner shall be required to carry out each activity
of this Agreement in compliance with all Federal laws and regulations described in
Subpart K of the CDBG Program Entitlement Grant Regulations Handbook 6500
(Exhibit 0).
6.19 Applicability. This Agreement shall be binding upon the parties hereto and shall run
with the property.
SECTION 7. AUTHORIZED REPRESENTATIVES
In further consideration of the mutual covenants herein contained,the parties hereto expressly
agree that for purposes of notice, including legal service of process, during the term of this
Agreement,and for the period of any applicable statute or limitations thereafter,the following named
individuals shall be authorized representatives of the parties:
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(1) City of Omaha
Director-Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,NE 68183
(2) Family Service •
Pete Tulipana
Executive Director
2240 Landon Court
Omaha,NE.68102
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date indicated
below.
ST: CITY OF 0 �► •
CI Y CLE OF T CITY OF O MAYOR OF THE CITY OF OMAHA
WITNESS: FAMILY SERVICE
C Z.
2e-Or- /2-- /OAT
9 Pet, Tulipana, Exec e 've Director
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Date Date
APPROVE AS TO FORM:
•K. 1(24-,,, <-/).,3 /77
SSISTANT CITY ATTORNEY Date
P:\PLN1\4556.SAP
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SCHEDULE OF EXHIBITS
EXHIBIT LOCATION DESCRIPTION
A 1.1 Articles of Incorporation and Corporation Resolution
B 1.12, 2.1, 3.1 Scope of Work and Budget
C 1.13 Program Income
D 3.2 Acknowledgment of Covenants
E 3.5.6 Davis Bacon Requirements
F 3.5.7 OMB Circular A-133
G 3.5.9 Minority and Women Business Participation Plan
H 3.5.10 Environmental and Historical Review Requirement
I 3.5.11 Section 504 of the Rehabilitation Act of 1973
J 6.1 Equal Opportunity Clause
K 6.1 Affirmative Action Plan(Section 3 Clause)
L 6.10 Termination-- CFR 85.43 and CFR 85.44
M 6.17 OMB Circular No. A-122
N 6.17 OMB Circular No. A-110,
Attachments A, B, C, F, H,N and 0
0 6.19 Other Program Requirements -
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 C, D and F through 0 are on file in the Planning Department.
P:\PLN 1\4556.SAP
•
v V
:• Federal Labor Standards Provisions U.S. Department al
���
al Housing
ou
and urban Development
• - -ri r
Applicability
•
The Project or Program to which the construction work covered by this HUD or its designee shall refer the questions,including the views of all
contract pertains is being assisted by the United States of America and the interested parties and the recommendation of HUD or its designee.to the
following Federal Labor Standards Provisions are included in this Contract Administrator for determination.The Administrator,or an authorized repre-
pursuant to the provisions applicable to such Federal assistance. sentative.will issue a determination within 30 days of receipt and so advise
A.1.(1)Minimum Wages.All laborers and mechanics employed or work- HUD or its designee or will notify HUD or its designee within the 30-day
rig upon the site of the work(or under the United States Housing Act of period that additional time is necessary.(Approved by the Office of Man-
1937 or under the Housing Act of 1949 in the construction or development agement and Budget under OMB Control Number 1215-0140.)
of the project),will be paid unconditionally and not less often than once a (d)The wage rate(including fringe benefits where appropriate)
week.and without subsequent deduction or rebate on any account(except determined pursuant to subparagraphs(1Xb)or(c)of this paragraph,shall
such payroll deductions as are permitted by regulations issued by the be paid to all workers performing work in the classification under this Con-
Secretary of Laoor uncer the Copeland Act(29 CFR Part 3),the full amount tract from the first cay on which work is performed in the classification.
of wages and bona fide fringe benefits(or cash equivalents thereon due at (iii)Whenever the minimum wage rate prescribed in the contract for a
time of payment computed at rates not less than nose contained in the Class of laborers or mechanics includes a fringe benefit which is not
wage cetermination of the Secretary of Labor which is attached hereto and expressed as an hourly rate,the contractor shall either pay the benefit as
mace a part hereof.regardless of any contracture'relationship which may stated in the wage determination or shall pay another bCra fide fringe
be alleged to exist between the contractor and such laborers and benefit or an hourly cash equivalent thereof.
mechanics.Contributions made or costs reasonably anticipated for bona (iv)If the c:ntractor does not make payments to a trustee or other tMeo
fide tnnge benefits under Section 1(b)(2)of the Davis-Bacon Act on behalf person,the contractor may consider as part of the wages of any laborer or
of laoorers or mechanics are considered wages paid to such laborers or mechanic the amount of any costs reasonably anticipated in providing
mechanics,subject to the provisions of 29 CFR-5.5(a►(1)(iv);also,regular bona fide fringe benefits under a plan or program.Provided.That the
contributions mace or costs incurred for more than a weekly period(but Secretary of Labor has found,upon the written request of the contractor.
not less often than quarterly)under plans.funds,or programs.which cover that the applicable standards of the Davis-Bacon Act have been met The
the particular weekly period,are deemed to be constructively made or Secretary at Labor may require the contractor to set aside in a separate
incurred during such weekly period. account assets for the meeting of obligations under the plan or program_
Such laborers and mechanics shall be paid the appropriate wage rate (Approved by the Office of Management and Budget under CMB Control
and fringe benefits cn the wage determination for the classification of work Number 1215-0140.)
actually performed,without regard to skill,except as provided in 29 CFR 2.Withholding.HUD or its designee shall upon its own action or upon
Part 5.5(aX4).Laborers or mechanics performing work in more than one written request of an authorized representative of the Department of Labor
classification may be compensated at the rate specified for each classifea- withhold or cause to be withheld from the contractor under this contract or
ton for the time actually worked therein:Provided.That the employer's pay- any other Federal contract with the same prime contactor,or any other
roll records accurately set forth the time spent in eacn classification in - Federally-assisted contract subject to Davis-Bacon prevailing wage
wnich work is performed.The wage determination(including any additional requirements.which is held by the same prime contractor so much of the
classification and wage rates conformed under 29 CFR Part 5.5(aX1)(ii)and accrued payments or advances as may be considered necessary to pay
the Davis-Bacon poster(WH-1321)shall be posted at all times by the con- laborers and mechanics,including apprentices.trainees and helpers.
tractor and its subcontractors at the site of the work in a prominent and employed by the contractor or any subcontractor the full amount of wages
accessible place where it can be easily seen by the workers. required by the contract.In the event of failure to pay any laborer or
(ii)(a)Any class of laborers or mechanics which is not listed in the mechanic,including any apprentice,trainee or helper,employed or working
wage determination and which is to be employed under the contract shall on the site of the work(or under the United States Housing Act of 1937 or
be classified in conformance with the wage determination.HUD shall under the Housing Act of 1949 in the construction or development of the
approve an additional classification and wage rate and fringe benefits project),all or part of the wages required by the contras.HUD or its desig-
therefore only when the following criteria have been met nee may.after written notice to the contractor,sponsor,applicant or owner.
(1)The work to be performed by the classification requested is not take such aeon as may be necessary to cause the suspension of any
performed by a classification in the wage determination:and further payment advance,or guarantee of funds until such violations have
(2)The classification is utilized in the area by the construction ceased.HUD or its designee may.after wntten notice to the contractor.dis-
industry;and burse such amounts withheld for and on account of the contractor or sub-
(3)The pr000sed wage rate.including any bona fide fringe bene- contractor to the respective employees to whom they are cue.The Comp-
tits.bears a reasonacie relationship to the wage rates contained in the troller General snarl make such disbursements in the case of direct
wage cetermination. Davis-Bacon Act contracts.
(b)If the contractor and the laborers and mechanics to be employed 3.(I)Payrolls and basic records.Payrolls and basic recores relating
.n the classification(if known),or their representatives.and HUD or its thereto shall be maintained by the contractor during the course of the wore
designee agree on the classification and wage rate(including tie amount preserved for a period of three years thereafter for all laborers and.
designated for fringe benefits where appropnate►,a report of the action mechanics working at the site of the work(or under the United States
taken snail be sent by HUD or its designee to the Administrator of the Wage Housing Act of 1937.or under the Housing Act of 1949.in the construction
and Hour Division.Empioyment Standards Administration.U.S.Department or development of the project).Such records shall Contain the name.
of Labor.Washington.O.C.20210.The Administrator.or an authorized address,and social security number of each such worker.his or her cor-
representative.will approve.modify.or disapprove every additional Classifi- rect classification,hourly rates of wages paid(including rates of contnbu-
cation action within 30 days of receipt and so advise HUD or its designee Lions or costs anticipated for bona fide fringe benefits or cash equivalents
or will notify HUD or its designee within the 30-day period that additional thereof of the types described in Section 1(b)(2)(8)of the Davis-escon Act).
time is necessary.(Approved by the Office of Management and Budget daily and weekly number of hours worked,deductions made and actual
under OMB control number 1215-0140.) wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5
(c)In the event the contractor,the laborers or mechanics to be (a)(1)(iv)that the wages of any laborer or mechanic include the amount of
employed in the c eeeifhcation or their representatives,and HUD or its any costs reasonably anticipated in providing benefits under a plan or pro-
designee do not agree on the proposed classification and wage rate gram described in Section 1(b)(2XB)of the Davis-Bacon Act the contractor'
(including the amount designated for fringe benefits,where appropriate). shall maintain records which show that the commitment to provide sus t
HUD-4010(2• iv.—ss'
Previous Edition is Obsolete (HB 1344.1)
•
•' 'benefits is entorceacie.Mat the plan or program is financially responsible. apprentice.The allowable rano of apprentices to journeymen on the job site
and that the plan or program has been communicated in writing to the- in any craft ctassrficanon shall not be greater than the ratio permitted to the
laborers or mechanics affected,and records which show.the costs antici- contractor as to the entire work force under the registered prograrn..Any
,pated or the actual cost incurred in provicing such benefits.Contras ors worker listed on a payroll at an apprentice wage rate.wno is not registered
employing apprentices or trainees under approved programs shall maintain or otherwise employed as stated above.shall be paid not less than the •
written evidence of me registration of apprenticeship programs and certifi- applicable wage rate on the wage determination for the c:assificanon of
cation of trainee programs.the registration of the apprentices and trainees. work acliatly performed.In addition.any apprentice performirg work on
and the ratios and wage rates prescribed in the applicable programs, the lob site in excess of the ratio permitted under the registered:program
(Approved by the Office of Management and Budget under OMB Control . shall be paid not less than the applicable wage rate on the wage determi-
Numbers 1215-0140 and 1215-0017.) .-. .. nation for the work actially performed.Where a contractor is performing
(ii)(a)The contractor shall submit weekly for each week in which any construction on a project in a locality other than that in which its program is
contract work is performed a copy of all payrolls to HUD or it designee if registered.Me ratios and wage rates(expressed in percentages of the jour-
the agency is a party to the contract but if the agency is not such a party, neyman's hourly rate)specified in the contractor's or subcontractor's regis-
the contractor will submit the payrolls to the applicant sponsor,or owner. tetrad program snail be observed.Every apprenctice must be paid at not
as the case may be,for transmission to HUD or its designee.The payrolls less Man the rate specified in the registered program for Me apprennce's
submitted shall set cut accurately and c mpietey ail of the information level of progress.expressed as a percentage of the journeymen hourly rate
required to be mainained under 29 CFR Part 5.5(a)(3)(i).This information specified in Me applicable wage determination.Apprentices shall be paid
may be submitted in any form desired.Optional Form WH-347 is available fringe benefits in accordance with Me provisions of the aecrennceship
for this purpose and may be purchased from the Superintendent of Docu- program.It me apprenticeship program does not specify fringe benefits.
ments(Federal Stccx Number 029-C -00014-1),U.S.Government Printing apprentices must be paid the full amount of fringe benefits fisted on the
Office.Washington, DC.20402.The pnme contractor is responsible for the wage determination for the applicable classification.if me Acmrnrstrator
submission of copies of payrolls by all subcontractors.(Approved by the determines mat a different practice prevails for the aepucacle apprentice
Office of Management and Budget under OMB Control Number classification,fringes shall be paid in accordance with mat determination.In
1215-0149.) the event me Bureau of Apprenticeship and Training,or a State Appren-
(b)Each payroll submitted snail be accompanied by a"Statement of ticeship Agency recognized by tree Bureau.withcraws approval of an
Compliance."signed by the contractor or subcontractor or his or her agent apprenticeship program.the contractor will no longer be permitted to utilize
.vho pays or supervises the payment of Me persons employed under the apprentices at less than the applicable predetermined rate for me work
contract and shall certify the following: performed until an acceptable program is approved.
(1)That the payroll for the payroll period contains the information (ii)Trainees.Except as provided in 29 CFR 5.16.trainees will not be
regti i.rcd to be maintained under 29 CFR Part 5.5(a)(3)(i)and that sucn permitted to work at less than the predetermined rate for One work per-
i n formation is correct and complete: formed unless they are employed pursuant to and individually registered in
(2)That each laborer or mechanic(including each helper, a program which has received prior approval.evidenced.by formal cernfi-
apprentice.and trainee)employed on the contract dunng the payroll period cation by the U.S.Department of Labor.Employment amid Training Admrni-
has been paid Me full weekly wages earned,without rebate,either directly stration.The rano of-trainees to journeymen on the jcb site shall not be
or indirectly,and at no deductions have been made either directly or indi- greater man permitted under the plan approved by the Employment and
rectly from the full wages earned.other than permissable deductions as set Training Administration.Every trainee must be paid at not less than the rats
forth in 29 CFR Part 3: specified in the approved program for the trainee's level of progress.
(3)That each laborer or mechanic has been paid not less than the expressed as a percentage of the journeyman hourly rate specified in the
applicable wage rates and fringe benefits or cash equivalents for the etas- applicable wage determination.Trainees shall be paid fringe benefits in
sication of work performed.as specified in the applicable wage determine- accordance with the provisions of the trainee program.If the trainee pro-
ton incorporated into the contract. - gram does not mention fringe benefits,trainees shall be paid the full
(c)The weekly submission of a property executed certification set amount of fringe benefits listed on the wage determination unless the
forth on the reverse side of Optional Form WH-347 shall satisfy the Administrator of Me Wage and Hour Division determines that there is an
requirement for submission of the"Statement of Compliance"required by apprenticesr.:p program associated with the corresooncrng journeyman
paragraph A.3(ii)(b)of this section. wage rate cn Me wage determination which provides icr less Man full
(d)The falsification of any of the above certifications may subject the fringe benefits for apprentices.Any employee listed on the payroll at a
contractor or subcontractor to civil or criminal prosecution under Section trainee rate who is not registered and participating in a training plan
1001 of Title 18 and Section 231 of Title 31 of the United States Code. approved-by the Employment and Training Administration shall be paid not
(iii)The contractor or subcontractor shall make the records required less than the applicable wage rate on the wage determination for the work
under paragraph A.3.(i)of this section available for inspection,copying,or actually performed.In addition,any trainee performing wcrk on the job site
transcription by authorized representatives of HUO or its designee or the in excess of the ratio permitted under the registered program shall be paid
Department of Labor,and shall permit such representatives to interview- not less than me applicable wage rate on the wage determination for the
employees during working hours on me job.It the contractor or subcon- work actually performed.In the event the Employment ar.d Training Admen •
-
tractor fails to submit Me required records or to make mem available.HUD israticn withdraws approval of a training program.the contractor will no
or its designee may.after written notice to the contractor.sponsor.appli- longer be permitted to utilize trainees at less than the applicable predeter-
:ant or owner.axe such action as may be necessary to cause the sus- mined rate for the work performed until an acceptable program is
pension of any further payment advance,or guarantee of funds.Further- approved.
:more.failure to submit the required records upon request or to make such (iii) Equal employment opportunity.The utilization of apprentices.
records available may be grounds for debarment action pursuant to 29 trainees and',oumeymen under this part shall be in conformity with the
CFR Part 5.12 equal employment opportunity requirements of Executive Order 11246,as
4.(I)Apprentices and Trainees.Apprentices.Apprentices will be per- amended.and 29 CFR Part 30.
miffed to work at less Man the predetermined rate for the work they per- 5.Compliance with Copeland Act requirements.The contractor shall
formed when they are employed pursuant to and individually registered in a comply with me requirements of 29 CFR Part 3 which are incorporated by
bona fide apprenticeship program registered with the U.S.Department of reference in this contract
Labor Employment and Training Administration.Bureau of Apprenticeship 6.Subcontracts.The contractor or subcontractor will insert in any sub-
and Training,or with a State Apprenticeship Agency recognized by the contracts the clauses contained in 29 CFR 5.5(a)(1)through(10)and such
Bureau.or if a person is employed in his or her first 90 days of probationary other clauses as HUD or its designee may by appropriate instructions
employment as an apprentice in such an apprenticeship program.who is require.and also a clause requiring the subcontractors to include these
riot individually registered in the program.but who has been certified by the clauses in any lower tier subcontracts.The prime contractor shall be
Bureau of Apprenticeship and Training or a State Apprenticeship Agency responsible for the compliance by any subcontractor or lower tier subcon-
where appropriate)to be eligible for probationary employment as an tractor with all the contract clauses in 29 CFR Part 5.5.
HUO 010 -84t.
•
• v v
7.Contracte termnation:debarment A breach of the contract clauses in compensation at a rate not less than one and one-half times the
• basic rate of pay for all hours worked in excess of forty hours
. 29 CFR 5.5 may be grounds for termination of the contract and for debar- in such workweek.
• merit as a contractor and a subcontractor as provided in 29 CFR 5.12. •
8.Compliance with Davis-Bacon and Related Act Requirements.All rul- (2)Violation:liability for unpaid wages;liquidated damages.In Me
rigs and interpretations of the Davis-Bacon and Related Act contained in event of any violation of the clause set forth in subparagraph(1)of this
29 CFR Parts 1.3.and 5 are herein incorporated by reference in this paragraph.Me contractor and any subcontractor responsible therefor snail
contract be liable for the unpaid wages.In addition.such contractor and subcon-
9.Disputes concerning labor standards.Disputes arising out of the labor tractor shall be liable to the United States(in the case of work done under
standards provisions of this contract shall not be subject to the general contract for the District of Columbia or a territory,to such District or to such
disputes clause of this contract Such disputes shall be resolved in accor- territory),for liquidated damages.Such liquidated damages shall be corn-
dance with the procedures of the Department of Labor set forth in 29 CFR puted with respect to each individual laborer or mechanic,including
Parts 5.6.and 7.Disputes within the meaning of this clause include dis- watchmen and guards.employed in violation of the clause set forth in sub-
putes between the contractor(Or any of its subcontractors)and HUD or its paragrapn(1)of this paragraph.in the sum of 510 for each calendar day on
designee.the U.S.Department of Labor,or the employees or their which sucn individual was required or permitted to work in excess cf
representatives. • the standard workweek of forty hours without payment of the
. 10.(i)Certification of Eligibility. By entering into this contract,the con- overtime wages required by the clause set forth in subpara-
tractor certifies that neither it(nor tie or she)nor any person or firm who
graph (I) of this paragraph.
has an interest in the contractors firm is a person or firm ineligible to be (3)Withholding for unpaid wages and liquidated damages.'HU0 or its
awarded Government contract by virtue of Section 3(a)of Me Davis- designee snail upon it own action or upon written request of an autho-
Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contract or partici- nzed representative of the Department of Labor withhold or cause to be
pate in HUD programs pursuant to 24 CFR Part 24. withheld.from any moneys payable on account of work performed by the
(ii)No part of this contract shad be subcontracted to any person or firm contractor or subcontractor under any such contract or any other Federal
ineligible for award of a Government contract by virtue of Section 3(a)of contract with the same prime contract or any other Federally-assisted con-
the Davis-Bacon Act or 29 CFR 5.12(a)(1)or to be awarded HUD contracts tract subject to the Contract Work Hours and Safety Standards Act which
or partic:oate in.HUD programs pursuant to 24 CFR Part 24. is held by Me same pnme contractor such sums as may be determinedtb
(iii)The penalty for making false statements is prescribed in the U.S. • be necessary to satisfy any liaoilities of such contractor or subcontractor
Criminal Code. 18 U.S.C.1001.Additionally.U.S.Crimnal Code.Section for unpaid wages and liquidated damages as provided in the c:ause Set .
1010.Title 18.U.S.C..=Federal Housing Administration transactions".•pro forth in subparagraph(2)of this paragraph.
vides in part"Whoever,for the purpose of. . .influencing in any way the (4)Subcontracts.The contractor or subcontractor shall insert in any
action of such Administration. . . makes.utters or publishes any statement subcontract the clauses set forth in subparagraph(1)through i4)of th i s
knowing the same to be false. . . shall be fined not more than 55.000 or paragraon and also a clause requiring the subcontractors to include tnesee
• imprisoned not more than two years.or both." clauses in any lower tier subcontracts.The prime contractor snail be
11.Complaints. Proceedings,or Testimony.by Employees.No laborer or responsible for compliance by any•subcontractor or lower tier sub contr ac-
mechanic to whom:he wage.salary,or other labor standards provisions of for with the clauses set forth in subparagraphs(1)through(4)of Mt
this Contract are applicable shall be discharged or in-any other manner paragraph.
discriminated against by the Contractor or any subcontractor because such C.Health and Safety
employee has filed any complaint or instituted or caused to be instituted (1)No laborer or mechanic shall be required to work in nurrouncngs
any proceeding or has testified or is about to testify in any proceeding or under working conditions which are unsanitary,hazardous.or dancer-
• under or relating to the labor standards applicable under this Contract to ous to his health and safety as determined under construction safety and
•
his employer. health standards promulgated by the Secretary of Labor by regulator.
8 Contract Work Hours and Safety Standards Act.As used in this para- (2)The Contractor shall comply with all regulations issued by the
graon.the terms"laborers"and"mechanics"include watchmen and Secretary of Labor pursuant to Title 29 Part 1926(formerly part 15181 and
guards. failure to comply may result in imposition of sanctions pursuant to the Ccn-
(I) Overtime requirements. No contractor or subcontractor tractWerx Hours and Safety Standards Act(Public Law 91-54.83 Sat 96).
•contracting for any part of the contract work which may require (3)The Contractor shall include the provisions of this Article in every
or involve the employment of laborers or mechanics shall require
or permit any such laborer or mechanic in any workweek in which subcontract so that such provisions will be binding on each subcontract:r.
. he or she is employed on such work to work in excess of forty The Cor.sactor.shall take such action with respect.to any subcontract as
hours in such workweek unless such laborer or mechanic receives the Secretary of Housing and Urban Development or the Secretary cf Labor
shall direct as a means of enforcing such provisions.
•
•
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•
•
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•
\HUO.4010(2.84)
BAN-317-97 FRI 10:53 AM HUD FAX NO. 9135515858 P. 02
EXHIBIT E
General Decision Number NE960011
Superseded General Decision No. NE950011
State: Nebraska l'� 3/ ` ,
Construction Type: `J
BUILDING
County(ies) :
DOUGLAS WASHINGTON L _
BUILDING CONSTRUCTION PROJECTS (does not include residential
construction consisting of single family homes and apartments up
to and including 4 stories)
Modification Number Publication Date
0 03/15/1996
1 04/19/1996
2 06/14/1996
3 07/05/1996
4 10/04/1996
5 12/27/1996
6 01/03/1997
7 01/17/1997
NE960011 Page: 1 --, YL )
TAN-31797 FRI 10:53 AN HUD FAX NO. 9135515858 P. 03
COUNTY(ies) :
DOUGLAS WASHINGTON
ASBE0039B 06/01/1996
Rates Fringes
INSULATOR/ASBESTOS WORKER
Includes the application of all
insulating materials, protective
coverings, coatings and finishings `.
to all types of mechanical systems 19.66 6.74
BRNE0001E 06/01/1996
Rates Fringes
WASHINGTON COUNTY:
BRICKLAYER:
Work on power plants, ethanol
plants, food processing plants
and heavy industrial plants
(i.e. , automotive manufacturing .
plants or similar facilities) 17 .27 4.355
All other work 17.275 3.00
BRNE000IH 06/01/1996
Rates Fringes
DOUGLAS COUNTY:
BRICKLAYER 17.27 4.355
CARP0444A 01/01/1997
Rates Fringes
CARPENTERS:
(includes acoustical ceiling,
batt insulation and drywall
installer work) :
Carpenter; Piledriver 15.75 3.76
ELEC0022A 06/01/1996
Rates Fringes
ELECTRICIAN 20.00 3.5% + 5.89
ELEV0028A 07/03/1996
Rates Fringes
ELEVATOR MECHANIC 19.48 6. 12
FOOTNOTE:
Vacation Pay: 8% with 5 or more years of service, 6% for 6
months to 5 years service. Paid Holidays: New Years Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
NE960011 Page: 2 --
✓V
`AN-31797 FRI 10:53 AM HUD FAX Na 9135515858 P. 04
;Friday after, and Christmas Day.
ENGI0571E 01/01/1997
Rates Fringes
POWER EQUIPMENT OPERATORS:
Bulldozer 16.35 3.89
Crane 18.05 3.89
IRON0021E 01/01/1997
Rates Fringes
IRONWORKERS, ORNAMENTAL AND
STRUCTURAL 17.42 4.59
* LAB01140B 01/01/1997
Rates Fringes
DOUGLAS COUNTY:
LABORERS:
Cleaning of all floors, walls,
ceilings, bathrooms, all
fixtures and the removal of
all debris within the
confines of the structure 11.22 2.75
Concrete puddler, concrete
vibrating, concrete power
buggy operator, laser operator,
cutting torch operator, concrete
saw and core drill operator,
gypsum nozzle and gunite nozzle
operator 12.72 2.75
PLAS0538A 10/01/1996
Rates Fringes
CEMENT MASON 15.73 3.78
PLAS0538E 06/01/1996
Rates Fringes
PLASTERERS:
Plasterer 16. 10 3.68
Plasterer working on a swing stage 16.60 3.68
PLasterer nozzleperson . 16.75 3.68
PLUM0016C 06/01/1996
Rates Fringes
PLUMBER 21.17 5.05
-
NE960011 Page: 3 �J
'JAN-31-97 FRI 10:54 AM HUD FAX Na 9135515858 P. 05
•
'.PLt3M0464B 06/01/1996
Rates Fringes
PIPEFITTER:
(includes HVAC piping) 20.86 6.03
SFNE0669A 01/01/1996
Rates Fringes
SPRINKLER FITTER (FIRE) 19.51 6.28
SHEE0003B 07/01/1996
Rates Fringes
SHEET METAL WORKER:
(includes HVAC duct work) 19.72 5.16
SUNE1006B 09/01/1988
Rates Fringes
DRYWALL FINISHER 11.30
GLAZIER 9.85 2.92
LABORERS:
WASHINGTON COUNTY:
Common laborer 8.20 1.50
Buggymobile, mason tender and
mortar mixer 8.375 1.50
Plasterer tender 8.585 1.50
PAINTER (excluding drywall
finisher) 10.78
POWER EQUIPMENT OPERATORS:
Backhoe 12.27. 2.48
Grader 11.82 1.00
Loader 12.03 1.79
Roller 9.86 1.41
Scraper 11.74 1.65
Tamper 13.95 3.07
ROOFER 9.24 .99
SOFT FLOOR LAYER 13. 15
TILE SETTER 15.20
TRUCK DRIVER 9.14 1.22
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5 (a) ( 1) (v) ) .
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
NE960011 Page: 4
r,JN-.31-97 FRI 10:54 Atl HUD FAX NO, 9135515858 P. 06
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
- *- a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2. )
and 3. ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2. ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc. ) that the
requestor considers relevant to the issue.
3. ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
NE960011 Page: 5
.-r, AN-31-97 FRI 10:54 AN HUD FAX NO, 9135515858 P. 07
•
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4. ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
NE960011 Page: 6
EXHIBIT B
Exhibit B
FAMILY SERVICE NORTH OFFICE IMPROVEMENTS
SCOPE OF WORK AND BUDGET
Address: 6720 North 30th Street
Legal Description: Lots 1, 2 and 3, Huskers Addition
Owner: Husker Properties, Inc. (Nebraska Corporation
Registered Agent: Ronald F. Anglim
930 South 48th Street
Omaha,NE 68106
Appraised Value: $110,000 (As Is)plus additional lot for parking
Taxes: Current
PROJECT (FINAL PHASE OF FOUR)
1. Acquisition: $135,000.00
Building $110,000
Parking $25,000
2. Demolition of existing parking, deteriorated sidewalks $2,269.00
and inadequate play area
3. Grading,paving, landscaping of 16 off-street parking $34,009.00
stalls and 2,592 square foot play area,plus
construction of fence
4. Facade renovation,tuckpointing,cleaning, $66,457.00
exterior painting
5. A&E Services $7.705.00
TOTAL $245,440.00
SOURCE OF FUNDS
1. Community Development Block Grant Funds $100,000.00
2. Matching Funds $145,440.00
TOTAL $245,440.00
CORPORATE RESOLUTION WITH BOARD SECRETARY CERTIFYING
AUTHENTICITY OF RESOLUTION
Family Service
A CORPORATE RESOLUTION OF THE BOARD OF DIRECTORS
A meeting of the Board of Directors of the Corporation was held on April 22, 1997
Acting with the full authority of the Board of Directors, it was
RESOLVED by the Board of Directors that the corporation enter into a contractual
agreement with the City of Omaha to accept the Community Development Block Grant
for renovation of the Family Service North facility, located at 6730 No. 30th Street,
Omaha, Nebraska.
IT IS FURTHER RESOLVED that Pete Tulipana, Executive Director of Family Service,
Incorporated is authorized to execute such documents as are necessary to enter into
the aforementioned agreement.
I attest that the above is a true and accurate account of the Resolution approved by
Family Service, Incorporated, a Nebraska nonprofit corporation on February 2, 1952.
DATED this 28th day of May, 1997.
Sar Mas ers
B rd Secretary
FAMILY SERVICE
• Peter Tulipana, Executive Director
(402)345-9118 - FAX: (402)345-3902
1996/1997 BOARD OF DIRECTORS
BOARD MEMBER PHONF/FAX ADDRESS
Bateman,Joseph R. 271-3878 Assistant Vice President
FAX: 271-6515 Government Affairs
Union Pacific Railroad
1416 Dodge - Room 801
68179
Bunger,Joyce 280-5521 Assistant to the Dean
FAX: 280-2172 Creighton University
College of Business Education
68178
Campbell, Ronald 633-1169 Vice President
Secretary FAX: 633-1096 Systems Division
Physicians Mutual Ins. Co.
2600 Dodge Street 68131
Christiansen, H. Craig 444-1802 Deloitte & Touche
Vice President FAX: 346-0711 2000 First National Center
68102.
Christianson,Jacque 498-9270 736 No. 161st Street 68118
Fairfield, Deanne 289-1156 21385 Rawhide Road
FAX: 289-1764 Elkhorn, NE 68022
Ganey, Barb 498-3587 14117 Parker Street 68154
Gilmore, Al 390-1834 Vice President, Group Services
FAX: 398-3736 Blue Cross/Blue Shield Nebraska
P.O. Box 3248
7261 Mercy Road 68180-0001
Hefflinger,Julie 345-6555 Development Director
President FAX: 345-0635 YWCA
Home: 393-8659 222 So. 29th Street 68131
FAX: 397-5974
Hill, Bryan R. 399-9111 Assistant Counsel
EXT. 251 Securities America, Inc.
7100 West Center Road 68106
Hoberman, Holly 397-6943 2668 So. 96th Circle 68124
Hoesing, Pam 571-3075 8723 No. 57th Street 68152
FAX: 496-1611
Klauschie, Gail 397-7082 1701 Ridgewood Avenue 68124
Knuth, Brad 397-5777 Vice President /� 4
FAX: 392-8335First Kirkpatrick, Pettis
10250 Regency Parkway 68114
Larsen, Mary 397-2668 9805 Charles Street 68114
Lundgren, Sunny 397-5324 1532 So. 106th Avenue 68124
Masters,Sara 536-2209 Senior Vice President
FAX: 536-2242 Human Resources
Norwest Bank
P.O. Box 3408 68103
Mercier, Lorraine 554-0186 6721 Davenport 68132
Narzisi,Joy 390-2810 First Vice President &Treasurer
Treasurer FAX: 390-5143 Commercial Federal Bank
2120 So. 72nd Street 68124
Nattrass, A. Richard 595-6214 Vice President Purchasing
FAX: 595-6429 ConAgra Frozen Foods
Five ConAgra Drive 68102-5005
Prauner, Mark 351-5097 Vice President
FAX: 351-81799- Corporate Accounting
g0 9-5 Mutual of Omaha
Mutual of Omaha Plaza 68175
Reiser, Mary Lynn 554-2357 Program Coordinator
FAX: 554-3747 UNO Center for Economic Educ681 B2
Retelsdorf, Leigh Ann 4447045 Deputy Douglas County Attorney
FAX: 4446787 428 Hall of Justice
PAGER: 978-9710 17th & Farnam Streets 68183
HOME: 496-9613
Ritzman, Steven K. 498-5109 Vice President
FAX: 498-5119 First National Bank of Omaha
16th & Dodge Streets 68102
Vann, R. Thomas 399-8483 Vice President
Vann Realty
9941 Broadmoor Drive 68114
Weber, Mark A. 397-7000 Mammel Associates
FAX: 398-2458 9110 West Dodge Road
175 Embassy Plaza 68114
Menyweather-Woods, Rev. 455-6964 P.O. Box 11600
Larry C. Church: 451-8800 Omaha, NE 68111
FAX: 451-8522
LEGAL ADVISOR: (Invited to Board and Executive Committee Meetings; Attends as appropriate)
Breuning,Jonathan 636-8214 Attorney At Law
FAX: 344-0588 1500 Woodmen Tower 68102
•
CERTIFICATE
I, AA.) •‘,,,,a.,,, , r• A;/64,..„, , duly elected and
qualified Secretary of Fafhily Service of Omaha, hereby
certify that the Agreement of Merger signed by the Directors .
of Child Welfare Association of Omaha was duly adopted
pursuant to Section 21-1104, Revised statutes of Nebraska, 1943,
by the affirmative• ballot vote of more than two-thirds of the
total members of Family Service of Omaha, at its Annual Meeting
. on January 25D 19520
.�;:-:t " -:. Dated this 25th day of f J"anuar��yy, 1952.
_,,,,,-4_„, 27. .,
_,
`�� � t+i.... ' r4:'1' et../ ,,:t Sectary,
f
�;�,�,�•i�i+",�+�.i .� � _�� yam+ k,' ,.
.; : 7 1 . � /f' ` r:::�'� '••, ^ CE TIFICATE
.
I,• ' � ,✓`{` ' , duly elected and
.:.qualified 6ecre • ..ei' kCh33� are fs'sociation of Omaha,hereby
certify tha : •e Agreement of. Merger signed by the Directors
of this Corporation, and ±the Directors of Family Service of
Omaha, was duly : adopted pursuant to section 21-1104, Revised
0'A' esfof, Nebraska, 1943, by the affirmative ballot vote''off- `5' b '
� '' k,. �Y3r- 'two-thirds of the members of this Association, at its
'e ' 1 7."y called -and held on Janua 2 , 1952. '` zY};
. �• wJ'.'' vi;�;4...a Dated this 25th day of J ua , Z.- ` t! , =''
",'`'<1:i '•" .x _ C./ b r e t ary '----J,ilk •
�\\\\tom.- .
(SEAL)
ti_.��,e°N\.�� FAMIL CE OF OMA ,
�.J,1 C !
t , .. i'l'6�;'+:,... By 4,ed ./.f
�'�..ptt.V.011/Ii,.,•.`- res end
('• Corporate; eal)
•• : •:4;, CHILD WELFARE ASSOCIATION OF
•; •• 9; ,U.."..0 OMAHA,
h 4 y 4. 110'•' President .
S
��N�'aGs� ry(i4 ,
�'#LTjiA SKA) .
DO GLAS CO3$'Y ) ( 1�
�f .t ' 1- -4 ,47. Q6 this 25th day of January, 1952, before the
:,;'Llnc';d°'s -gng a Notary Public, duly qualified and acting in
1lonr3 -ern, _as.•'i ri lniant-Tr anri St-a�-a . narannal lv noma Ni nha w Wollr.a»
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7))44. . ,0711—)24, 3P-,e___ cv,600, h:-Fr,6 In., :nit t.i .
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by the Board of Directors with notice to all members as
provided in the By-Laws.
IN WITNESS WHEREOF, the undersigned have affixed their
names as Directors on behalf .of their respective boards, this
.Q'day of December, 1951, and have caused their respective
corporate seals to be affixed.
Members of the Board of Members of the Board of Child •
F • Service of Om a- We re Association of Omaha_;
/Zd
. 411014 1 /4 N
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may be invested in any securities or property authorized to
a trustee under the Statutes of this state as from time to time
provided, except that they may be. also invested. in the shares
of so-called investment trusts which have been in existence
for at least fifteen years and for the last fifteen years in
each year paid dividends on such shares at least annually, and
provided further that up to 50% .but not in excess thereof of
such funds may be invested in permitted common stocks and
investment trust shares combined. Such investments may be
altered from time to time.
ARTICLE IX
All of the assets and property, real, personal and mixed,
of every character and description, belonging to Family Service
of Omaha or to which it is entitled and Child Welfare Association
of Omaha or to which it may be entitled, shall pass to and vest
in Family and Child Service of Omaha upon its legal organization,
including. all endowments and securities.
ARTICLE X
The Articles of the corporation, as set forth herein,
may be amended in the following manner: An amendment shall first
be proposed and presented at either a regular meeting of the
board or a special meeting called pursuant to the By-Laws and
thereafter must be approved at either a subsequent regular or
subsequent special meeting of the board and thereafter must be
approved by a majority of the members present and voting at an
annual meeting or at a special meeting called for that purpose
•
L.;-0,3'zm2 0:
-6-
to self-support and a normal status through investigation,
planning, consultation, supervision and any form of requisite
help by way_ of relief, employment, medical care, education and
the doing of any and all other things usually comprehended in
the program of family and child welfare or case work agencies.
2. To undertake the care and management of minor
children and to act as guardian for. the person or estate of any
such minor child or children pursuant to the appointment by a
court of competent jurisdiction, in accordance with the
provisions. of the laws' of this state°
3. To cooperate with any and all 'other recognized and
responsible social agencies in the community, to the end of
relieving and preventing unsocial or antisocial conditions in
the community.
Li.. To conduct a Travelers ' Aid Division for the
assistance of needy or distressed travelers.
5. The corporation shall have the right to acquire real
and personal property by purchase, lease, , gift, devise or other-
wise and to the extent that may be convenient or necessary to and
for the accomplishment of any of its objects, to hold such
property subject only to such. restrictions and limitations as
may be imposed by law or by the terms of the gift or devise with
the right to alienate, encumber or dispose of the same property
or anypart thereof.
ARTICLE VIII
The surplus funds of the corporation, including permanent
maintenance funds and trust and endowment funds of the corporation
-5-
•
requirement that in the case, of the board a quorum must be
present, The Board of Directors shall constitute and appoint
such committees as may be deemed necessary to execute effectively-
its program and directions. Among others, there shall be an
executive committee, consisting of the officers elected by the .
board and board members serving as chairmen of all committees.
• The executive committee shall exercise the powers and functions
of the board in the interim of meetings of the board or in the
absence of a quorum of the board or upon special call of the
president, all action subject to approval of the board. A simple
majority of the executive oommittee shall constitute a quorum.
ARTICLE VI
The membership of the corporation shall comprise any and
all persons who shall evince their interest in the work and
their desire to be members of the "Family and Child Service of
• Omaha" and who shall pay annually the membership fee fixed from
time to time by the board of the corporation, said membership fee,
until otherwise determined, to be a uniform and nominal membership
fee of 1.00.
ARTICLE VII
The objects and purposes of the corporation shall be:
1. To operate and maintain a nonprofit, charitable,
social agency, having as its primary purpose the building up of
a normal family life in those homes where it has not previously
existed or has broken down and to preserve it where a breakdown
is threatened; to restore disadvantaged families and individuals
0352
death, resignation or removal, the board may fill such vacancy
until the next annual meeting of the members.
ARTICLE V
The Board of Directors shall, immediately after the
annual meeting of the membership, meet for the purpose of
electing from its number a President, First Vice President,
Second Vice President, Secretary, and Treasurer, except that
•
the Treasurer may be retained as an officer but not a board
member if elected as an officer for any year he is not eligible
for membership on the board. Such officers shall serve for one
year and until their successors are elected and qualified, the
respective duties of such officers to be prescribed in the By-Laws
which may be promulgated from time to time by the board. To
promulgate or amend By-Laws shall require a majority vote of the
entire board as then constituted. The board may appoint such
other officers as may from time to time be deemed desirable and
describe their duties, and all such appointed officers, including
the executive secretary, shall hold office during the pleasure
of the board.
The board shall meet regularly on the third Thursday of
each month, except for the months of July and August. Special
meetings may be called as provided in the By-Laws. All board
members and officers except the executive secretary designated by
the board shall serve without compensation.
All action by the membership and by the board shall be
by majority vote of those present and voting subject to the
.3-
•
following which an individual must remain off the board for at
least one year. Beginning with the annual meeting in January
of 1955, the board shall consist of twenty-four members, eight
.of whose terms shall expire in one year, eight in two years, and
eight in three years . In order to avail themselves of the
services of the board members of the two merging corporations
during the first three years of merger, the members of the
association at the annual meeting in January, 1952 may elect a
board consisting of not more than forty-one members, but not less
than twenty-four members; at the annual meeting in January, 1953
a board consisting of not more than thirty-six members and not
less than twenty-four members; and at the annual meeting in
January, 1954 a board consisting of not more than twenty-seven
members nor less than twenty-four members. At no annual meeting
shall more than eight be elected to three-year terms. At any
meeting of the board a quorum shall consist of twelve members.
The Directors shall be elected by the membership at the annual
meeting.
` ARTICLE IV
The annual meeting of the corporation shall be held on
the third Thursday in January of each year unless for good cause
it is determined by. the board to postpone such meeting for a
reasonable period of time. Notice of the annual meeting shall
be mailed to each member at least seven days prior to the date
of such meeting. Directors shall be elected at such annual
meeting except that in case of a vacancy in the board caused by
S .
•
• • T•
ARTICLES AND AGRMMENT OF CONSOLIDATION AND MERGER OF
FAMILY SERVICE OF OMAHA
AND
CHILD WELFARE ASSOCIATION OF OMAHA
KNOW ALL MEN BY THESE PRESENTS:
That, we, the undersigned, all residents of Omaha,
Douglas County, Nebraska, and constituting a majority of each
of the respective Boards of Directors and Trustees of Family
Service of Omaha and Child Welfare Association of Omaha, for
the purpose of merging said corporations into a single corporation
to be known as FAMILY AND CHILD SERVICE OF OMAHA and pursuant to
the Statutes. of the State of Nebraska, hereby enter into the
following agreement and articles :
ARTICLE I
The name of said merged and consolidated corporation
shall be "FAMILY AND CHILD SERVICE OF OMAHA", and its principal
Omaha Loan & Bldg. Assn . Bldg. ,
place of business shall be .in/Omaha, Nebraska.
ARTICT.F II
The duration of the corporation shall be until the 31st
day of December, 1999 unless sooner terminated or extended by
action of its members; its resident agent, Curtis Coe, same address.
ARTICLE III
The affairs of said corporation shall be managed and
. conducted by a Board of Trustees to be known as Directors. The
term of office for board members shall be three years, with
eligibility for re-election for a second term of three years,
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FORM 6-76 •
NONPROFIT •
CHANGE OF REGISTERED AGENT AND/OR REGISTERED OFFICE
(Submit in Duplicate)
TO: ALLEN J. BEERMANN, Secretary of State, Lincoln, Nebraska 68509
The following corporation, pursuant to the laws of the State of Nebraska, does hereby wish to
change its Registered Agent and/or Registered Office in the State of Nebraska.
FAMILY SERVICE
Before Change: LESLIE M NUMME LA 0206369
2240 LANDON COURT
Registered Agent:... OMAHA NE 68102
Registered Office:..
The following change of registered office, registered agent, or both, were authorized by a esolution
duly adopted by the board of directors on the 9th day of January 1984
The registered office of this corporation in Nebraska shall be
2240 Landon Court
Street Address*
Omaha Douglas 68102
Nebraska and the registered agent
City County Zip Code
at such address shall be Fred Willis
Name of Registered Agent
*Address shall be complete, using full street address. A box number is acceptable only in those cases where street
edc'_ssses are not available.
Such statement shall be executed by the corporation by its p • nt vi r d nt-
Dated January 9t 1981+ President:.. �Z
or
Vice President:.,..
If the Secretary of State finds that such statement conforms to the
JAN 31 1984 �� ?Ct
provisions of sections 21-1901 to 21-1991, he shall file suchstatem f address ;T,4TE OF NI.B:'•A5 $S
of the registered office, ont in his office, nr the appointment upon such �ing hofe ca new hange oregistered 54i-'ETARY'S t.i ICE
Received awl
agent, or both,as thy‘ case may be, shall become effective. film .
at psi13�
Filing Fee:58.00 • Q,4-9. eat—)
ster+tarY of
• .. • • • NONPROFIT
CHANGE OF REGISTERED AGENT AND/OR REGISTERED OFFICE
(Submit in Duplicate)
TO: ALLEN J. BEERMANN, Secretary of State, Lincoln, Nebraska 68509
The following corporation, pursuant to the laws of_ the State of Nebraska, does hereby wish to
change its Registered Agent and/or Registered Office in the State of Nebraska.
FAMILY SERVICE
Name of Corporation
Before Change: FAMILY SERVICE x
Registered Agent:FRED W ILL I S 02063 69
2240 LANDON COURT
Registered Office ---- Nebraska. .-.-
Zip Code
OMAHA NE 68102
The following change of registered office, registered agent, or both, were authorized by a resolution
duly adopted by the bvard-of-directors on the 8th day of February 19 88
Executive Committee of-the Beard of Directors
The registered office of this corporation in Nebraska shall be 2240 Landon Court
Street Address*
Omaha Dougl as Nebraska 68102 and the registered agent
City County Zip Code
at such address shall be F. Peter Tul ipana , Executive Di rector
Name of Registered Agerc
*Address shall be complete, using full street address. A box number is acceptable only in those cases where street
addresses are not available.
Such statement shall be executed by the corporation by ' president or vice president:
Dated February 8, 1988 President: NOV U( &) /kE,.
or
Vice President:
If the Secretary of State finds that such statement conforms to the FEB 1 1tee
provisions of sections 21-1901 to 21.1991, he shall file such 0., „�Ai1r181 ^^ $'lr/
statement in his office, and upon such filing the change of address C,. .�;,.r. `t t0
Sr.. RI::PAR a JFi ICE
of the registered office, or the appointment of a new registered .��,�,d and riled
fog
agent, or both,as the case may be, shall become effective. record and _dce�red on
film r rcl1�e'
,r, �age��/
Filing Fee: S8.00 aft,„„ I I .
Secretary of Stag'
a0' a E
12 .0b
: ::,... : ,: . .. alit Bad .ttørb
X
.ie►sc• :•. , ., 4�ti.�s OF OMAHA
;lei ,I 4 ."f. �/7 . - 7.�;;.: RONALD A.HENNINOBEN,Publisher
' iaitrtr ^I., , ' . le PROOF OF PUBLICATION
, -as.. UNITED STATES OF AMERICA.
lar! have hiss The Mate of Nebraska.
t. O. t! tMtt'sattwrii� « la. _- -
Dart,N nit R /�roust ins City of Omaha.
f r Vtal
*Sir M JOHN P. EOLSAER
writ duly ewer%deposes and says that he b -
�"''°'$ "4 "' C ADVERTISING MANAGER
t.-;i r r;t 34.k.*isi4SP+di w Pe isNM*;
n-44t1,-til 'iithi ILOV 010lAtt; of THE DAILY RECORD.of Omaha.a legal
' '`b' "'d`.i'a-- ter' published dailyin the English newspaper.printed and
1> `;a.a'A: 03•.P .r t •.r,: , -,_ < gi h language. having a bona fide paid
.,:. .,,.,�:�,•z-:mots >.. circulation in Douglas County in excess of 300 copies. printed in
Omaha.in iald County of Douglas.for more than fifty-two weeks last
past: that the printed notice hereto attached was published in THE
DAILY RECORD.of Omaha.for....3 consecutive weeks. on the
same day of each week,
beginningon April 12, 19 89
and ending on ....Ma•X 3 t 19 89
That safd?Cewipaerduring that time was regularly published and
in general.:cfreetttdatio:i- in the County of Douglas. and State of
21V111.)11Wir
Nebraska.
ltf.her. ,� •40.78,•E �� _� , ,
Additional Su bed in my prejainoe and fiwont to
MAY 5 1989 , 0 ice• bereft.me this 3 r d day et
. ••' ;.• Mayf_tir 89 -
SECRETARY OF STATE ✓
e.,,i ,,'
Notary Public be and for Dot .
State of Nebraska
4
•
r.. - - i
1
1
•
. The Officers of the Corporation shall be elected
annially by the Board of Directors from among its
members in the manner provided in the Bylaws of the
• Corporation. The Officers• shall include a President,
Vice President, Secretary, and Treasurer, 'and such
other Officers as may, from time to time, be provided
for in the Bylaws. "
III .
The Amendment to the Articles of Incorporation of the
corporation set forth in II above was adopted by the Board of
Directors of the corporation at a regularly scheduled meeting
which took place on. November 29, .1988. The effective date of the
Amendment shall be March 28, 1989.
• IV.
A majority of the directors voted in favor of this •
Amendment. There are no members of the Corporation having voting
rights.
IN WITNESS WHEREOF, the President and Secretary of the
•
corporation, hereunder duly authorized have- executed these
Articles of Amendment this „) 9 t ` day of November, 1988. •
•
LJ�1 v
President
•
_ -,
Secretary
•
• •
•
• • sTATft.itkg
I:,'ccicc•.1 anti filet]
ARTICLES OF AMENDMENT 1 r:.�� 1 rt. ti; :n rc i
TO THE ARTICLES OF INCORPORATION ._.? L a p:..•:: "t
OF
FAMILY SERVICE M_ ' ' '� "`� ^• '
TO THE SECRETARY OF STATE OF THE STATE OF NEBRASKA:
•--,402i541 0
Pursuant to the provisions of Sections 21-1932, et
•
seq. , of the Nebraska Nonprofit Corporation Act, the undersigned
corporation adopts the following Articles of Amendment to its
Articles of Incorporation, said Articles of Amendment to become
effective March 28, 1989.
I .
The name of the corporation is FAMILY SERVICE.
II .
Article VII ` of the Articles of Incorporation of the
• corporation is hereby deleted in its entirety and in lieu thereof
the following is substituted:
"ARTICLE VII .
MANAGEMENT - BOARD OF DIRECTORS
The affairs of the Corporation shall be conducted
by a Board of Directors, which shall have and shall
exercise all of the powers of the Corporation. The
Board of Directors shall consist of not more than
twenty (20) members nor less than ten ( 10) members,
approximately one-third (1/3) of whom shall be elected
in each year for a term of three (3 ) years by a
majority of the Directors in office. No individual
shall be elected a member of the Board of Directors for
more than two (2 ) full consecutive terms, but any
individual having served two (2) consecutive terms
shall be eligible for re-election after an interval of
one (1) year. Vacancies on the Board of Directors may
be filled for the unexpired term by vote of a majority
of the remaining Directors and any Director who is
elected to fill an unexpired term of a Board Member
shall be eligible for two (2 ) full terms following the
completion of the unexpired term.
.1'u, i 1; FILED WITH TAE SECRETARY `0F STATE
= .}BAIItD, HOLM, McEACHEN, :: 4
PEDERSEN, HAMAxN. THE DAILY RECORD
E'�k':.;a ;F&•-HAGGART b°µ )!, 'r
, • Attorneys, :. ca:-t:`'.� OF OMAHA
• c 1500 Woodmen Tower ::
NOTICE OF AMENDMENT TO?;;'F A. H. HENNINCSEN, Publisher
THE REVISED ARTICLES OF
7INCORPORATION OF FA LY_ PROOF OF PUBLICATION
• SERVICES OF
OMAHA•COUNCIL BLUFFS UNITED STATES OF AMERICA,
•NOTICE IS HEREBY GIVEN that THE STATE OF NEBRASKA
::Famlly Services of Omaha-Councll;; EBRASKA Dist DISTRICT OF N ,
:Bluffs,-a non-profit':corporation
. SS.
organized and existing under the laws ''. COUNTY OF DOUGLAS,
:;of the State of Nebraska has amended! CITY OF OMAHA,
l;its Articles of Incorporation to provide
that the name of the corporatlon shall;.
be FAMT[ySERVICE' "— • JOHN P. EGLSAER
FAMILY SERVICE,, being duly sworn, deposes and says that he is
By/s/THOMAS G.REILLY,
.w1.17-3t.. _.;' = , ItsPresident.,:. ADVERTISING MANAGER
of THE DAILY RECORD, of Omaha, a legal newspaper, printed and
published daily in the English language, having a bona fide paid circula-
tion in Douglas County in excess of 300 copies, printed in Omaha, in said
County of Douglas, for more than fifty-two weeks last past: that the
• printed notice hereto attached was published in THE DAILY RECORD,
of Omaha, for 3 consecutii•e weeks, on the same day of each
week, beginning on January 17, 1979
and ending on Februax.y...7,....1.9..7.9
yICS1.VEB That said Newspaper during that time was regularly published and
• in general circulation in the County of Douglas, and State of Nebraska.
FEB 14197/�jQ) ,.Publishers Fee $ 25•14 P� t„,
. • ;/A dlitional Copies '.S bscribed in my presence and sworn to
SECRETARY 0 STATE
f $ 25.114 be/ore me this 7 day o/
i TotalFebruary
•
CORPORATION/ MIS10[V Fy 7..9....
1 a*•'• ^r • 72.
y County,
. �,' •• .l'c in a for Douglas nt
�!j` �.�r �,:�; State oi-Nebraska
raska
ARTICLES OF AMENDMENT TO THE REVISED ARTICLES OF
INCORPORATION OF FAMILY SERVICES OF
OMAHA-COUNCIL BLUFFS
1. The name of the corporation is FAMILY SERVICES OF
OMAHA-COUNCIL BLUFFS.
2. The amendment to the Revised Articles of Incorporation
of the corporation adopted is as follows :
ARTICLE I ;
NAME The name of this corporation shall be FAMILY
SERVICE.
3 . The corporation has no members. The amendment was
adopted at a meeting of the Board of Directors on November 28 ; 1978 .
4 . The amendment received the vote of a majority of the
directors in office.
FAMILY SERVICE
By / )--/,,,,,. e__,:,1/
Its President
By 7i-
is Secre ry
U
i . s
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in EXHIBIT A
STATE OF ATE�:�RASKA
�TtIE y
F \ �fI
ili
••7 jr,
.A�H/�i186..�.I'llaggtaiW.;) pi
rated%des of Atnertra, ss• l�F�iie w' \ s 33 a artment of ,t t1e
tttte of Nebraska J Arr®h-.—___it
oar1, Allen J. +1rrrmatut, 'rrrrtarii of 'ttttr of tile
'ttttr of Nebraska bu hrrrhi; rrrtif it that
the attached is a true and correct copy of
Articles of Incorporation as filed in this
office on February 2, 1952 , and all
amendments thereto of
FAMILY SERVICE
with its registered office located in Omaha,
Nebraska.
I further certify that said corporation
is 'in good standing as of this date .
hi Orstimu qq I 'waif, 1 ftaur hrrrunto set my hand and
r: _ afftxrd the ((rrat 'rx1 of t11e *tate
r of Nebraska.
,r Boor at + itnruln this
t P cti# .+ { Fhb ,'
a
fiftcpnth
r ii ,41p S 3k x ,, bag of FPhriiary
31 ti # �;`T ti, °l;, ;�� to the gear of our Enrd, one thou-
' a!4` `-� f�; .z r 4 . 4 sand nine hundred unb ninety
Y
5100g364040WOW. I v ,1 G. _ « Olitseil c . Lejt,1444",,,D
��--++' - .'-i,- ys,1-tg 1 t• . i •• - SECRETARY OF STATE
G
�F ' DEPUT
•'tc'25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr July 29 ' 19.97
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha annually receives Community Development Block
Grant funds under Title I of the Housing and Community Development Act of 1974, as amended,for
the purposes of benefitting low and moderate income residents, eliminating slums and blight,and for
other urgent community development needs; and,
WHEREAS, the City Council, on December 3, 1996, by Resolution No. 3195,
approved the 1997 Consolidated Submission for Community Planning and Development Programs
which included a total of$100,000 for Family Service for improvement of the North Office located
at 6720 North 30th Street; and,
WHEREAS, Family Service provides a variety of programs that focus on family,
children and youth; and,
WHEREAS,Family Service has submitted a funding request that complies with all of
the requirements and conditions of the Community Development Block Program; and,
WHEREAS, the cost to improve the Family Service North Office is approximately
$245,400; and,
WHEREAS,the grant in the amount of$100,000 will defray costs incurred to improve
the Family Service North Office located at 6720 South 30th Street; and,
WHEREAS,it is in the best interest of the residents of the City of Omaha for the City
to enter into the attached Grant Agreement.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
By
Councilmember
Adopted
City Clerk
Approved
Mayor
IC 25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr July _29 1997
PAGE -2-
THAT, the attached Grant Agreement, as recommended by the Mayor,between the
City of Omaha and Family Service, 2240 Landon Court,Omaha,Nebraska 68102, in the amount of
$100,000 for the purpose of improving the Family Service North Office at 6720 North 30th Street,
Omaha,Nebraska 68110 (with the facility made readily accessible to and usable by individuals with
handicaps,to the maximum extent feasible),be and hereby is approved. Funds shall be paid from the
Community Development Block Grant Program, Public Services and Facilities, Fund No. 193,
Organization No. 8332.
APPROVED AS TO FORM:
ASSISTANT CITY ATTORNEY. DATE
P:\PLN2\3495.MAF
•
By..
ember
Adopte %MI 2 9..1997 0
Approved
Mayor
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