RES 1995-2434 - Agmt with The Salvation Army for transitional housing f r
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City of Omaha
Hal Daub,Mayor
Planning Department Honorable President
Omaha/Douglas Civic Center
1819 Farnam Street,Suite 1100
Omaha,Nebraska 68183-0110 and Members of the City Council,
(402)444-5200
(402)444-5150
Telefax(402)444-6140 Attached is a proposed Resolution approving an Agreement between the City of
Omaha and The Salvation Army, 3612 Cuming Street, Omaha,Nebraska 68131,
an Illinois non-profit corporation, to provide HOME Program financing in the
amount of$100,000.00 for the purpose of purchasing and renovating two housing
units for use as transitional housing for low income households. The proposed
funding would be in the form of a grant and comprised of$80,000.00 in FY'95
City of Omaha HOME funds and $20,000.00 in KENO/Lottery Fund HOME
match monies. The $80,000.00 HOME fund allocation for transitional housing
is included in the 1995 Consolidated Submission for Community Planning and
Development approved by the City Council on December 6, 1994 by Resolution
No. 3266.
The $100,000.00 grant will be used by The Salvation Army to purchase and
rehabilitate two (2) existing housing units for use as transitional housing for low
income persons.
The Salvation Army has operated a very successful transitional housing program
since 1992. Over twenty-five families have benefited from the program during
its three years of operation. This proposed addition of two transitional units will
allow The Salvation Army to expand its program and assist additional families
to achieve self-sufficiency.
The Contractor has on file a current Annual Contract Compliance Report Form
(CC-1). As is City policy, the Human Relations Director will review the
Contractor to ensure compliance with the Contract Compliance Ordinance.
{
Honorable President
and Members of the City Council
Page 2
We urge your approval of this Resolution in order that The Salvation Army can continue its
successful and worthwhile transitional housing activities.
Sincerely, Referred to the City Council for
Consideration:
/7 / - ,�g ,
Wit-even Jensen�
Acting Planning Director Mayor'�itle
Approved: Approved:
ri)
Louis A. D'Ercole, Actin Director Diane Thomas, Director
Finance Department Human Relations Department
P:\PLN\0970.PJM
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1
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 The
Salvation Army,3612 Cuming Street,Omaha,Nebraska 68131,a corporation organized and existing
pursuant to the provisions of the Illinois Act Concerning Corporations (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 HOME Investment Partnerships Funds
under Title II of the National Affordable Housing Act of 1990, as amended, for the purpose of
providing affordable housing opportunities to residents; and,
WHEREAS,the City Council approved the 1995 Consolidated Submission for Community
Planning and Development Programs(Consolidated Plan)on December 6, 1994,by Resolution No.
3266; and,
WHEREAS, the Consolidated Plan identified the provision of transitional housing
opportunities as a priority need in the City of Omaha; and,
WHEREAS,The Salvation Army proposes to purchase and rehabilitate approximately two
(2) dwelling units for the purpose of providing transitional housing to low income households
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currently residing at emergency shelters for the homeless, 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 The Salvation Army to provide funding in the amount of
$100,000.00 for the acquisition and rehabilitation of approximately two transitional housing units
by The Salvation Army.
NOW,THEREFORE, in consideration of these mutual covenants, The Salvation Army and
the City of Omaha 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-The Salvation Army, an Illinois non-profit corporation, 3212 Cuming
Street, Omaha,Nebraska 68131 (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 "Developer" shall mean - a public or private non-profit agency, authority or organization
receiving HOME funds to undertake eligible activities. In this Agreement, the developer is
The Salvation Army.
1.6 "HUD" shall mean-the U.S. Department of Housing and Urban Development.
1.7 "HOME" shall mean-the program conducted under the provisions of the Cranston-Gonzalez
National Affordable Housing Act, Title II, Subtitle A - HOME Investment Partnerships
(P.L. 101-625) and the Code of Federal Regulations (24 CFR Part 92).
1.8 "HOME Funds" shall mean - a combination of that portion of the 1995 City of Omaha
HOME Investment Partnerships Program grant awarded to the City in a total amount not to
exceed $80,000.00 together with City of Omaha Keno/Lottery Fund matching funds in an
amount not to exceed$20,000.00 as may be available to grant during the program year 1995,
conditioned upon actual receipt of same, for the purposes stated herein.
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1.8.1 "Keno/Lottery Fund" shall mean-funds from the City of Omaha Keno/Lottery Fund
No. 120, Agency No. 110, Organization No. 1106 in an amount not to exceed
$20,000.00.
1.9 "HOME Grant" shall mean - non-repayable HOME 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-those dwelling units acquired and rehabilitated
or those scheduled for acquisition and rehabilitation under the terms of this Agreement.
1.11 "Authorized Projects" shall mean-those projects selected by The Salvation Army.
1.12 "Construction Contract" shall mean- ensuing contracts for all work to be performed upon
property for authorized projects.
1.13 "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).
1.14 "Progress Payment" shall mean-the acquisition cost of dwelling units, including other costs
associated with the acquisition of dwelling units, as deemed appropriate by the Director, and
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, in the form of a grant, $100,000.00 in HOME Funds as hereinabove described
and defined in Section 1.8. Such grant shall be subject to the terms and conditions contained
herein. Further, such grant shall be used only for the purposes set forth in this Agreement.
Further, HOME Funds shall be used only for the following purposes:
2.1.1 Costs associated with the acquisition of property.
2.1.2 Architectural engineering, legal, financial and administrative services for the
preparation of all design and construction documents and construction supervision
necessary for site preparation, the installation of public improvements, and all
construction work. All contracts for services and construction documents pursuant
to this Section must be approved by the Planning Director prior to funding of such
contracts.
2.1.3 Funds paying for contractual work shall be payable in consideration with the
construction progress payment schedule as described in Section 2.2 in accordance
with the Director's prior approval.
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2.1.4 Performance bonds and insurance, required by the Director, shall name the City a
dual obligee.
2.1.5 City funding pursuant to this Section shall be contingent upon receipt of and subject
to the availability of HOME Investment Partnership Grant 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 6.10 will be exercised and the Agreement will be
terminated.
2.1.6 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 services work completed at the time the
payment request is made. The amount of each request must be limited to the actual
amount needed.
2.2 For each Authorized Project,the City does hereby agree to make progress payments and final
payment, as may be authorized by the Director or his designated representative, upon
approval of the Director. A 10%retainage will be held by the City on each progress payment
for construction work and on the final payment. A final payment will not be made until all
punch list items have been corrected to the satisfaction of the Owner and the Planning
Department.
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 Materials Bond and/or an Irrevocable Letter of Credit in
force for one year following the completion of the Rehabilitation Work from the
electrical, plumbing and HVAC contractors in aggregate amounts of their contract
bids. Lien waivers will be provided for the remaining amount of the work. The
Bonds and/or Letters of Credit shall be in favor of the City and shall be submitted for
review and approval by the Director. The City reserves the right to reject the Letters
of Credit and choice of surety for the Bonds.
2.4 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.
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.
2.6 In no event shall the City assume any obligations to make or continue 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 timely and fully complied with its duties and obligations
arising hereunder.
2.7 The City shall review and approve all plans, working drawings and/or specifications for
public improvements, site preparation and residential rehabilitation and perform interim and
final inspections on each rehabilitation phase.
2.8 The City shall review and monitor the required reports that identify the progress/
accomplishments of the Owner,on the activities included in this Agreement and on contracts
entered into with third parties pursuant thereto.
2.9 After completion of rehabilitation,the property must comply with all appropriate City codes
and ordinances, and with Federal Section 8 Housing Quality Standards such compliance
continuing for the duration of the period of affordability as specified in Section 3.1.4 of this
Agreement.
2.9.1 The City may perform periodic inspections to ensure compliance with Section 2.9.
2.10 In the event a Property becomes uninhabitable by reason of fire or other calamity and if the
premises is so destroyed or damaged as to require the Authorized Project to be abandoned,
then the Owner agrees to apply the net insurance proceeds to repay the grant.
2.11 During the period of project development and construction work, and for the period of
affordability specified in Section 3.1.4 hereinbelow,the Owner shall:
2.11.1 Maintain insurance in at least the amount of the grant and apply such insurance
proceeds to the reconstruction of the project or repayment in full of the grant.
2.11.2 Insure that the property remains free and clear of all superior encumbrances,
including liens and judgments.
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2.12 The City shall approve all Authorized Projects with respect to environmental assessment in
accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA)
and related authorities listed in HUD's implementing regulations at 24 CFR Parts 50 and 58.
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
acquisition and rehabilitation of approximately two dwellings for use as transitional housing
for households currently residing in emergency shelters for the homeless, in strict
compliance with this Agreement and the construction contract, as approved, as well as the
plans, drawings, and other specifications, as approved.
3.1.1 The Owner agrees that,during the period of affordability specified in Section 3.1.4
hereinbelow, 100%of the units must be occupied by low income families/persons
whose annual income does not exceed 60% of the "Median Income by Family
Size" as published by HUD, and as further updated and revised by HUD to reflect
the current or most recent income level statistics, a copy of the relevant portion of
which is attached hereto, marked as Exhibit C and incorporated herein by this
reference.
3.1.2 In addition to the above, the Owner agrees that 20%of the housing units shall be
occupied by very low income families/persons whose annual income does not
exceed 50% of the "Median Income by Family Size" as described in Section 3,
Paragraph 3.1.1.
3.1.3 In no event shall eligible families/persons be charged rental amounts in excess of
the regulatory limits as specified in the HOME Regulations, 24 CFR Part 92,
Subpart F, Section 92.252, for the leasing of rental housing units, assisted with the
HOME funds. 24 CFR Part 92, Subpart F,is attached hereto as Exhibit D (also see
Section 6.18 Other Program Requirements of this Agreement).
3.1.4 The Owner agrees that the occupancy, affordability, and use requirements of
Section 3.1, will remain in effect for the period set forth below, beginning after
project completion without regard to transfer of ownership of the property.
Rehabilitation and Acquisition Minimum Period
Cost per Property . Affordability in Years
Under$15,000 5
$15,000 to $40,000 10
Over$40,000 15
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3.1.5 If,through breach of this Agreement,the Owner fails to maintain the occupancy,
affordability and use restrictions enumerated in Section 3.1 of the Agreement, all
HOME funds previously provided to the Owner through fulfillment of this
Agreement shall promptly be returned to the City of Omaha.
3.2 The Owner agrees to execute an Acknowledgment of Covenants guaranteeing the use and
period of affordability as stated herein, such Acknowledgement to be filed against each
Property,upon acquisition, an example of such Acknowledgment of Covenants is attached
hereto as Exhibit E. The Owner, for itself,its successors and assigns, further 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 for the period of affordability specified
in Section 3.1.4 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, on 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.
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 duly authorized construction contracts for the Director's review and approval. The
Director reserves the right to reject, modify or amend any or all of the foregoing. Upon
approval, no changes or amendments may be made to any of the foregoing without the
written approval of the Director. In no event shall the City become obligated to make any
payments 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 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, the period of
affordability, and the term of any financing documents. The policy must include
the City of Omaha as an additional insured. In the event of loss or damage to the
property, the Owner must provide written notification to the City of such loss.
Proceeds from any claim under this policy may, at the discretion of the Director,
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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.
3.5.2 Procure and maintain Performance and Labor Materials Bonds and/or Irrevocable
Letters of Credit from the electrical,plumbing and HVAC contractors in aggregate
amounts of their contract bids. Lien waivers will be provided for the remaining
amount of the work, 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 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.
3.5.4 Comply with all provisions and regulations of the HOME 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.
3.5.5 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).
3.5.6 Employ affirmative marketing procedures in the advertising and marketing of the
completed project. In marketing, the Owner shall also conform to the non-
discrimination provisions hereinafter set forth. The Owner shall comply with the
affirmative marketing responsibilities specified in Exhibit H.
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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 the acquisition and construction of two (2)transitional
housing units on or before April 30, 1996. Upon the sole discretion of the Director,
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this date may be extended up to one year from the date of execution of this
Agreement.
3.7 During the construction period, the Owner shall:
3.7.1 Insure 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 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 terms of this Agreement and during the period of
affordability, the Owner shall:
3.8.1 Maintain the property in a safe and sanitary condition at all times.
3.8.2 Insure that all taxes and special assessments are paid and kept current.
3.9 The Owner shall ensure that the residential development conforms to City housing and
zoning ordinances.
3.10 The Owner shall provide services for clients as required in the Scope of Work Summary,
attached hereto as Exhibit B and made a part hereof by reference.
3.11 The Owner shall assume responsibility for follow-up actions required for all clients receiving
assistance under this Agreement.
3.12 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.
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3.13 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.
3.14 The Owner shall submit to the City the following reports in accordance with the submission
timelines as specified:
3.14.1 Construction Progress Reports - The Owner will provide quarterly reports to the
Director describing the progress of construction, and any significant problems
and/or delays in construction on this project. 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.
3.14.2 Occupancy Reports-The Owner will provide to the Director an initial report, and
annual reports for the term of this Agreement, on the extent to which each racial
and ethnic group and single-headed households (by gender of household head)
have applied for,participated in, or benefited from,the leasing of units/bedrooms
in the completed Redevelopment Project.
3.15 For each family or individual occupying a unit/bedroom in the property, the Owner shall
retain the following records for three (3) years after the required period of affordability as
specified in Section 3.1.4 of this Agreement:
a) name, address, and unit occupied
b) date of occupancy,
c) copy of lease/rental agreement,
d) percent Median Family Income as determined annually pursuant to Section
3.1.
3.16 The Salvation Army shall acquire only vacant or owner-occupied properties for the purpose
of rehabilitation and use as transitional housing.
3.16.1 Prior to the acquisition of a Property for an Authorized Project, The Salvation
Army shall notify the City, in writing, of its intent to acquire said Property. Said
written notice shall include the Legal Description and common address of the
Property.
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3.16.2 The acquisition of properties shall be voluntary arm's length transactions and,prior
to making an offer to purchase a property, The Salvation Army shall inform the
seller in writing:
a) That it does not have the power of Eminent Domain and, therefore, will not
acquire the property if negotiation fails to result in amicable agreement; and,
b) Of its estimate of the fair market value of the property, The Salvation Army
shall maintain reasonable evidence in its project files of the basis for its
estimate of fair market value.
3.16.3 In no event shall a tenant-occupant of a property be displaced, either permanently
or temporarily, from the property as a direct result of an authorized project. A
move following a notice to vacate the property and a move resulting from a seller's
refusal to renew an expiring lease is considered as displacement caused by The
Salvation Army.
3.16.4 In the event that The Salvation Army displaces any tenant-occupant of a property,
it shall immediately notify the City in writing of the circumstances surrounding
said placement. The Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, shall govern any displacement occurring as a
result of an authorized project. In the event of displacement, The Salvation Army
shall be responsible for the payment of all required relocation assistance payments.
3.17 The Salvation Army shall not begin rehabilitation of a Property until it receives approval by
the City that all provisions of the National Environmental Policy Act of 1969 (NEPA) and
related authorities listed in HUD's implementing regulations at 24 CFR Parts 50 and 58 have
been met regarding said property.
SECTION 4. TERM OF THE AGREEMENT
This Agreement shall be in full force and effect and will continue for a period of fifteen(15)
years from completion of property rehabilitation as determined by the City.
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.
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5.3 Owes no duty to the Owner or any other persons that 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
I and J, 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.
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A
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 K). 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 expiration of this Agreement, the Owner must transfer
to the City any HOME funds on hand at the time of expiration and any accounts
receivable attributable to the use of HOME funds.
Notwithstanding 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 of 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:
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(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 contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement,and the extension,continuation,renewal, amendment
or modification of any Federal contract, grant, loan, or cooperative
agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the 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 L), and with the requirements of Attachments B, F, H, paragraph 2, and 0
to OMB Circular A-110 (Exhibit M).
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
Subparts A, E, F, and H of the Home Investment Partnerships Program;
24 CFR Part 92 (Exhibit D).
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:
- 14 -
(1) City of Omaha •
Director-Planning Department
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,NE 68183
(2) The Salvation Army
10 West Algonquin
Des Plaines, Illinois 60016
IN WITNESS WHEREOF,the parties have executed this Agreement as of the date indicated
below.
ATTEST: CITY OF OMAHA: q�
CIT ERK OF THE CITY OF OMAHA "•1 YOR OF T 'CITY OF OMAHA
ACTING
ESS: THE SALVATION ARMY
-AUG95 AUG C 2 9 199 U1 W a�The Salvation Army
2 9 �� An Illinois Corporation
DATE DATE
P:\PLN\0972.PJM APPROVED AS TO FORM:
A SISTANT CITY TT E
- 15 -
SCHEDULE OF EXHIBITS
Exhibit Location Description
A Section 1.2 Articles of Incorporation, Board of Directors, and
Corporate Resolution
B Section 1.13 Scope of Work
C Section 3.1.1 Median Income by Family Size
D Section 3.1.3, 6.18 24 CFR Part 92, Subparts A, E, F and H
E Section 3.2 Example of Acknowledgement of Covenants
F Section 3.5.4 OMB Circular A-133
G Section 3.5.5 Minority and Women Business Participation Plan
H Section 3.5.6 Affirmative Marketing Plan
I Section 6.1 Equal Employment Opportunity Clause
J Section 6.1 Affirmative Action Plan(Section 3 Clause)
K Section 6.10 Termination- CFR 85.43 and CFR 85.44
L Section 6.17 OMB Circular A-122
M Section 6.17 Attachments B, F, H, and 0 to OMB Circular
A-110
P:\PLN\0974.PJM
7
✓!'
C-25A
CITY OF OMAHA
• LEGISLATIVE CHAMBER
Omaha, Nebr Septembe4 2E 19.95
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,under Title II of the National Affordable Housing Act of 1990, the City
of Omaha annually receives a HOME Investment Partnerships Program entitlement for the purpose
of providing affordable housing opportunities for low income households; and,
WHEREAS, the City of Omaha 1995 Consolidated Submission for Community
Planning and Development Programs(Consolidated Plan) was approved by City Council Resolution
No. 3266 on December 6, 1994; and,
WHEREAS, the Consolidated Plan identified the provision of transitional housing
opportunities for low income households as a priority need in the City of Omaha; and,
WHEREAS, the City Council approved the City of Omaha 1995 HOME Program
Description and Funding Allocations contained in the Consolidated Plan; and,
WHEREAS,The Salvation Army, a corporation organized and existing pursuant to
the provisions of the Illinois Act Concerning Corporations,is currently engaged in the operation and
administration of an emergency shelter for the homeless located at 3612 Cuming Street, Omaha,
Nebraska 68131; and,
WHEREAS,The Salvation Army currently operates a transitional housing program;
and,
WHEREAS, The Salvation Army proposes to purchase and rehabilitate approxi-
_
mately two (2)dwelling units for the purpose of providing transitional housing opportunities to low
income households currently residing in emergency shelters for the homeless; 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 The Salvation Army to provide HOME funding in the
amount of$100,000.00 for the acquisition and rehabilitation of approximately two (2)dwelling units
to be used as transitional housing by low income households.
By
Councilmember
Adopted
City Clerk
Approved
Mayor
-
C-25A
CITY OF OMAHA
•
LEGISLATIVE CHAMBER
Omaha, Nebr September 26 19.95
PAGE 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT,the attached Agreement, as recommended by the Mayor, between the City of
Omaha and The Salvation Army, 3612 Cuming Street, Omaha,Nebraska 68131 for the purpose of
providing transitional housing to low income households,is hereby approved. Funds in the amount
of$80,000.00 shall be paid from the HOME Program Fund No. 186, Organization No. 5012 and
$20,000.00 shall be paid from the City of Omaha Keno/Lottery Fund No. 120.
P:\PLN\0971.PJM APPROVED AS TO FORM:
ASSISTANT C '4
By... . - 1
Councilmember
Adopted SEP 2 6 1995
jee
ty Clerk ,/
Approved '` r l�� J
CTING Mayor
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