RES 2016-1056 - Agmt with Omaha Healthy Kids Alliance for site testing and clean up efforts 0o�,nHe,NFs 6 4� E V E Planning Department
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*44/3 FEB051' ' ` L,_ James R.Thele
h S I', s Director
City of Omaha ' `.1; +�_:
Jean Stothert,Mayor
July 26, 2016
Honorable President
And Members of the City Council,
The attached Resolution approves an Agreement with Omaha Healthy Kids Alliance ("OHKA"),
5006 Underwood Avenue, Omaha, Nebraska 68132, a Nebraska Non-profit Corporation. Under
the Agreement, OHKA will provide outreach and community relations support to the City of
Omaha for the Omaha Lead Site (OLS) testing and clean-up efforts, including supporting the
Omaha Lead Registry which is an institutional control for the Omaha Lead Site. These activities
include disseminating lead hazard information to the public through various media sources
including games, advertisements, volunteer efforts, providing lead training to the community (in
the form of hands-on education, etc.), and creating and disseminating information intended for
use by the media in addition to tracking articles, broadcasts, and other media sources that discuss
the OLS.
This Agreement is comprised of $5,407,112.00 effective from date of execution to May 31,
2022. Funds shall be paid from the EPA Cooperative Agreement, Number V-97748601, Fund
No. 12136, Organization No. 128104.
The contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is
City policy, the Human Rights and Relations Department will review the Contractor to ensure
compliance with the Contract Compliance Ordinance.
These outreach and community relations support, to be provided by OHKA to the OLS, represent
important elements of the City's overall healthy housing effort.
Honorable President
and Members of the City Council
Page 2
Your favorable consideration of this Resolution will be appreciated.
Respectfully submitted, Referred to City Council for Consideration:
-7 iLyiy
James R. Thele tX Date Mayor's Office Date
Planning Director
Approved:
73/6
AMN
Stephe . Curtiss ate Spencer K. D nn r, Jr. �l Date
Finance Director Human Rights and Relations Director
2406 dlh
AGREEMENT
THIS AGREEMENT entered into by and between the City of Omaha, a Nebraska Municipal
Corporation (herein referred to as "the City") and Omaha Healthy Kids Alliance, 5006 Underwood
Avenue, Omaha, Nebraska 68132 (hereinafter referred to as "Contractor").
WHEREAS, the City of Omaha has received funds from United States Environmental Protection
Agency, Cooperative Agreement Number V-97748601; and,
WHEREAS,the City has agreed to administer the Omaha Lead Site Testing and Remediation, V-
97748601 (hereinafter referred to as"Grant Award"); and,
WHEREAS, the City will issue a subaward with the Contractor as described below, to obtain the
Contractor's services in the implementation of the Grant Award.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,
the City and the Contractor mutually undertake and agree as follows:
I.
DUTIES OF THE CONTRACTOR
The Contractor agrees to do the following, along with all other obligations expressed or implied in
this Agreement:
A. The Contractor will provide the services and duties as stated fully in Part 6 of the Amended
Work Plan for the Omaha Lead Site (March 2016), the Omaha Healthy Kids Alliance Omaha Lead Site
Support Plan, the Omaha Healthy Kids Alliance Timeline, and the Omaha Healthy Kids Alliance 7-Year
Budget Detail, and any future approved modifications or Work Plans(as applicable).
The Contractor shall provide outreach and community relations support to the City of Omaha for
the Omaha Lead Site (OLS) testing and clean-up efforts, including supporting the Omaha Lead
Registry which is an institutional control for the Omaha Lead Site. These activities include
disseminating lead hazard information to the public through various media sources including
games, advertisements, volunteer efforts, providing lead training to the community(in the form of
hands-on education,etc.),and creating and disseminating information intended for use by the media
in addition to tracking articles, broadcasts, and other media sources that discuss the OLS.
Omaha Healthy Kids Alliance
Item Cost
Outreach and Community Relations $5.407,112.00
Total Award: $5,407,112.00
B. The Contractor will be responsible for all aspects of the project including day-to-day
management, bidding, purchasing, installation, and implementation. The identity of the chief executive of
the Contractor and any changes thereof shall be provided to the City.
C. The Contractor shall have two(2)members of the Board of Directors review,on a quarterly
basis, all expenditures for the agency. This review shall include, but is not limited to, checks written for
the period, deposits, assurance of a balanced checkbook, review of the entries in the agency's ledgers and
review of the income received from the Grant Award and Contractor Match. Documentation of such review
shall be included in the Contractor's quarterly progress report to the City.
D. The Contractor shall maintain an accounting system that accurately tracks income and
expenditures associated with this agreement separate from other agency funds.
E. The Contractor agrees to comply with the financial and administrative requirements set
forth in the City of Omaha Grants Management Handbook.
F. The Contractor agrees to comply with any additional requirements that may be imposed
during the grant performance period if the City determines that the Contractor is a high-risk grantee.
G. The Contractor shall be in compliance with specifications outlined in the solicitation under
which the approved application was submitted. The program solicitation is hereby incorporated by
reference into this award.
H. The Contractor understands and agrees that grant funds may be frozen if the Contractor
does not respond in a timely fashion to requests to address audit findings and financial or programmatic
monitoring findings.
I. The Contractor will ensure at least one (1) program staff member will attend mandatory
quarterly grant meetings during the life of the grant award.
J. The Contractor shall allow the City to have access to the Contractor's records and program
site for the purpose of financial and/or program audits,as may be required in the sole discretion of the City
or its authorized designee. The Contractor shall retain all grant documents for a minimum of five years
following the completion of this agreement.
K. The Contractor will implement and enforce, as to its employees, a drug-free workplace
policy substantiality similar to the City of Omaha's policy which is on file with the Human Resources
Department.
L. The Contractor will provide executed W-9 Verification forms.
M. The Contractor is required and hereby agrees to use a federal immigration verification
system to determine the work eligibility status of new employees physically performing services within the
State of Nebraska. A federal immigration verification system means the electronic,verification of the work
authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, 8 U.S.C. 1324a,known as the E-Verify Program, or an equivalent federal program designated by the
United States Department of Homeland Security or other federal agency authorized to verify the work
eligibility status of a newly hired employee.
If the Contractor is an individual or sole proprietorship,the following applies:
1. The Contractor must complete the United States Citizenship Attestation Form, available on the
Department of Administrative Services website at www.das.state.ne.us.
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2. If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor
agrees to provide the US Citizenship and Immigration Services documentation required to verify the
Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements
(SAVE)Program.
3. The Contractor understands and agrees that lawful presence in the United States is required and the
Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as
required by Neb. Rev. Stat. §4-108.
II.
TERM
This Agreement shall become effective on the date of execution and shall terminate on May 31,
2022. Permissible expenditures under this grant incurred after August 1, 2016 will be paid as if they
occurred after the effective date. Either party may immediately terminate this Agreement upon mailing
prior written notice thereof to the other party; provided, that in the event of such early termination, the
Contractor shall immediately return to the City all unexpended funds advanced to the Contractor under this
Agreement. In the event the grant award period is extended by the grant awarding agency,the Agreement
shall automatically extend to the end of the approved extension.
In the event the Contractor requires an extension to the terms of the grant agreement, requests must be
submitted in writing to the City's Grant Administrator no later than 45 days prior to the end of the grant
award period.
III.
COMPENSATION
The City shall compensate the Contractor in an amount not to exceed, under any circumstances,
$5,407,112.00 ("Maximum Compensation"). Following the execution of this Agreement, the Contractor
must submit monthly reimbursement requests by the due dates outlined under IV. Reporting Requirements.
Monthly Reimbursement Requests must detail grant funds, and any match, expended during the month,
along with clear, concise, and detailed backup documentation supporting all expenses. Monthly
Reimbursement Requests are required even if no grant funds or match funds were expended during the time
period. All requests for reimbursement shall be submitted electronically to the City of Omaha, Planning
Department, HCD. Originals shall be retained in the Contractors records and made available upon request
for audit purposes.
Any tangible equipment purchased by the Contractor with funds pursuant to this Agreement shall
be the property of the Contractor.
IV.
REPORTING REQUIREMENTS
The Contractor shall comply with all reporting, data collection and evaluation requirements, as prescribed
by the grant awarding agency and the City of Omaha as outlined in the Grant Management Handbook.
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A. Quarterly Report Filling Schedule:Programmatic performance reports are due quarterly,
with the exception of MBE/WBE Utilization Reports which are due annually, and fiscal expense and
reimbursement requests are due monthly as identified below for the life of the Grant Award and during the
term of this Agreement.
B. Close Out Reporting: Subaward Agreements will only be closed out once all final
documentation has been received from the Contractor and approved by the grant awarding agency. Final
programmatic performance reports, and fiscal expense and reimbursement requests are due by the deadline
identified below.
Reporting Programmatic Report
Period Due by Date Delinquent After
October—December January 15th January 15th
January—March April 15th April 15th
April—June July 15th July 15th
July—September October 15th October 15th
Annual(MBE/WBE
Utilization Report) October 15th October 15th
Final Close Out 75 days after grant end date 75 days after grant end date
Reimbursement Fiscal Expense and Reimbursement Requests
Period Due by Date Delinquent After
Monthly 15th of subsequent month 15th of subsequent month
Final Close Out 75 days after grant end date 75 days after grant end date
C. Subgrant Adjustment: Grant funds must be used for the purposes identified in the
Contractor's approved application. The Contractor shall not undertake any work or activities that are not
described in the grant application, and that uses staff, equipment, or other goods or services paid for with
grant funds, without prior written approval from the City's Grant Administrator and the grant awarding
agency.
The Contractor must submit an adjustment request to the City when any of the following will occur:
the focus of the Contractor's funded project changes;there is a change in the start or end date of the funded
project; a new project director or fiscal officer is assigned to the grant funded project by the Contractor; or
a budget modification is requested by the Contractor to transfer dollars between budget line items. No
budget revisions are to be made by the Contractor without prior approval from the City and United States
Department of Environmental Quality.
V.
INDEMNITY
To the extent allowed by law,the Contractor covenants and agrees to indemnify and hold harmless
the City of Omaha, their officers, agents and employees, their successors and assigns, individually or
collectively, from and against all liability for any fines, claims, suits, demands, actions or causes of action
of any kind and nature asserted by the Contractor or by anyone else,for personal injury or death,or property
damage in any way arising out of or resulting from the acts of the Contractor's employees or agents pursuant
to this Agreement, and the Contractor further agrees to pay all expenses in defending against any claims
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made against the city of Omaha provided, however, that the Contractor shall not be liable for any injury,
damage or loss occasioned by the sole negligence or willful misconduct of the City,its agents or employees.
The Contractor, and the City of Omaha shall give prompt and timely written notice of any claim
made or suit instituted which, in any way, directly or indirectly, contingently or otherwise,affects or might
affect the other parties.
VI.
EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
During the performance of this contract,the contractor agrees as follows:
1. The contractor shall not discriminate against any employee or applicant for employment
because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin.
The contractor shall ensure that applicants are employed and that employees are treated during employment
without regard to their race, religion, color, sex, age, sexual orientation, gender identity, disability or
national origin. As used herein, the word "treated" shall mean and include, without limitation, the
following: recruited, whether by advertising or by other means; compensated; selected for training,
including apprenticeship;promoted; upgraded;demoted;downgraded;transferred; laid off;and terminated.
The contractor agrees to and shall post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officers setting forth the provisions of this
nondiscrimination clause.
2. The contractor shall, in all solicitations or advertisements for employees placed by or on
behalf of the contractor,state that all qualified applicants will receive consideration for employment without
regard to race, religion,color, sex, sexual orientation, gender identity or national origin, age,disability.
3. The contractor shall send to each representative of workers with which he has a collective
bargaining agreement or other contract or understanding a notice advising the labor union or worker's
representative of the contractor's commitments under the equal employment opportunity clause of the City
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The contractor shall furnish to the Human Rights and Relations Director all federal forms
containing the information and reports required by the Federal Government for federal contracts under
federal rules and regulations, including the information required by section 10-192 to 10-194, inclusive,
and shall permit reasonable access to his records. Records accessible to the Human Rights and Relations
Director shall be those which are related to paragraphs (1) through (7) of this subsection and only after
reasonable notice is given the Contractor. The purpose of this provision is to provide for investigation to
ascertain compliance with the program provided for herein.
5. The Contractor shall take such actions with respect to any subcontractor as the City may
direct as a means of enforcing the provisions of paragraphs (1)through(7)herein, including penalties and
sanctions for noncompliance; however, in the event the Contractor becomes involved in or is threatened
with litigation as the result of such directions by the City, the City will enter into such litigation as is
necessary to protect the interests of the City and to effectuate these provisions of this division; and in the
case of contracts receiving federal assistance, the Contractor or the City may request the United States to
enter into such litigation to protect the interests of the United States.
- 5 -
6. The Contractor shall file and shall cause his subcontractors, if any, to file compliance
reports with the Contractor in the same form and to the same extent as required by the Federal Government
for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the
Human Rights and Relations Director. Compliance reports filed at such times as directed shall contain
information as to the employment practices, policies, programs and statistics of the Contractor and his
subcontractors.
7. The Contractor shall include the provisions of paragraphs (1) through (7) of this section,
"Equal employment opportunity clause," and section 10-193 in every subcontract or purchase order so that
such provisions will be binding upon each subcontractor or vendor.
VII.
DEBARMENT OR SUSPENSION BY ANY FEDERAL AGENCY
Office of Management and Budget(OMB) guidelines require that any individual or entity that has
been placed on the Excluded Parties List System(EPLS -available for review through www.sam.gov)may
not be a participant in a Federal Agency transaction that is a covered transaction or act as a principal of a
person participating in one of those covered transactions. These guidelines apply to covered transactions
under a grant award from any Federal agency for which a recipient expects to receive reimbursement for
expenditures incurred or an advance on future expenditures.
The Contractor providing goods and/or services to the City, by acceptance and execution of this
Agreement agrees, that neither it nor its principals is presently debarred, suspended, proposed for
debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal
department or agency. Contractor further agrees, by accepting and executing this Agreement, that it will
include this clause without modification in all lower tier transactions, solicitations, proposals, contracts,
and subcontracts. Where the Contractor or any lower tier participant is unable to certify this statement, it
shall attach an explanation to this Agreement.
VIII.
INDEPENDENT CONTRACTOR
It is understood and agreed by and between the parties that any and all acts that the Contractor or
its employees, agents, contractors or servants perform pursuant to the terms of this Agreement shall be
undertaken as independent contractors and not as employees of the City. Neither Contractor nor any of its
employees or agents shall be construed to be the employee or agent of the City for any purpose whatsoever.
Contractor shall not be entitled to any benefits of the City. The City shall not provide any insurance
coverage to the Contractor or its respective employees including, but not limited to workers' compensation
insurance. Contractor and the City shall each pay all wages, salaries and other amounts due to its respective
employees and shall be responsible for all reports, obligations, and payments pertaining to social security
taxation, income tax withholding, workers' compensation, unemployment compensation, group insurance
coverage, collective bargaining agreements or any other such similar matters. Contractor shall have no
authority to bind the City by or with any contract or agreement, nor to impose any liability upon the City.
All acts and contracts of the Contractor shall be in its own name and not in the name of the City, unless
otherwise provided herein.
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IX.
CAPTIONS
Captions used in this Agreement are for convenience and are not used in the construction of this
Agreement.
X.
APPLICABLE LAW
Parties to this Agreement shall conform to 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.
XI.
CONFLICT OF INTEREST
A. No elected official nor any officer or employee of the City shall, during their tenure and
one year thereafter, have a financial interest,direct or indirect, in this Agreement or in any funds transferred
hereunder. Any violation of this section shall render the Agreement voidable by the City or the Contractor.
B. The Contractor covenants that it presently has no interest and shall not acquire any interest,
direct or indirect, which would conflict with the performance required to be performed under this
Agreement; it further covenants that, in the performance of this Agreement, no person having any such
interest shall be employed.
XII.
WARRANTY AS TO COMMISSIONS
Contractor warrants that it has not employed any person to solicit or secure the Agreement upon
any agreement for commission, percentage, brokerage,or contingent fee.
XIII.
MERGER
This Agreement shall not be merged into any other oral or written contract, lease or deed of any
type. This is the complete and full agreement of the parties.
XIV.
MODIFICATION
This Agreement contains the entire agreement of the parties. No representations were made or
relied upon by either party other than those that are expressly set forth herein. No agent, employee or other
- 7 -
representative of either party is empowered to alter any of the terms hereof unless done in writing and
signed by an authorized officer of the respective parties.
XV.
ASSIGNMENT
Neither party may assign its rights under this Agreement without the express prior written consent
of the other party.
XVI.
CONTRACT DOCUMENTS
Contractor is responsible for review of and compliance with each of the terms of this Agreement.
The parties agree that this Agreement shall include,as if fully set forth herein,the Grant Award and Special
Conditions, Part 6 of the Amended Work Plan for the Omaha Lead Site(March 2016),the Omaha Healthy
Kids Alliance Omaha Lead Site Support Plan,the Omaha Healthy Kids Alliance Timeline, and the Omaha
Healthy Kids Alliance 7-Year Budget Detail, FFATA Reporting Form; Civil Rights Certification;
Subaward Attachment; and Audit Certification which are attached hereto.
XVII.
AUTHORIZED REPRESENTATIVE
In further consideration of the mutual covenants herein contained,the parties hereto expressly agree
that for purposes of notice, including legal service of process, during the term of this Agreement and for
the period of any applicable statute of limitations thereafter, the following named individuals shall be the
authorized representatives of the parties:
(a) CITY OF OMAHA
Jean Stothert,Mayor
Office of the Mayor
1819 Farnam Street, Suite 300
Omaha, Nebraska 68183-0300
Contact: Gail Braun, Grant Administrator
Phone: (402) 444-5286
(b) CONTRACTOR
Omaha Healthy Kids Alliance
Kara Eastman, Chief Executive Officer
5006 Underwood Avenue
Omaha, Nebraska 68132
Phone: (402)934-7600
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EXECUTED this .2 day of 2
/4 ,2a/S.
ATTEST: CITY OF OMAHA:
/. "../ .i/04 Lb-1 - .k)—UAL
CITY C ERK OF THE TY OF OMAHA Date MAYOR OF THE CITY OF OMAH7 Date
APPROVED AS TO FORM:
/3 J(1z-G1 0416
CITY ATTORNEY Date
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Executed this day of \u L , 20 LO
OMAHA HEALTHY KIDS ALLIANCE
Kara Eastman ate
Chief Executive Officer
STATE OF NEBRASKA )
) §
COUNTY OF DOUGLAS )
Kara Eastman, Chief Executive Officer, on behalf of Omaha Healthy Kids Alliance, a Nebraska
TI -profit Co oration acknowledged the foregoing edevelopment Agreement before me this
j day of jL , 2
Not Public,
Public, Sta e of Nebraska
My commission expires on1 �OV 1 7 2O) GENERAL NOTARY-Stateoi Nebraska
JENNIFER NIELSEN
My Comm.Exp.November 17,2019
- 1 0 -
V-97748601 -0 Page 1
GRANT NUMBER(FAIN): 97748601
9$1" U.S. ENVIRONMENTAL MODIFICATION NUMBER: 0 DATE OF AWARD
PROGRAM CODE: V 05/28/2015
PROTECTION AGENCY TYPE OF ACTION MAILING DATE
SNew 06/04/2015
tktto,
.. Cooperative Agreement PAYMENT METHOD: ACH#
ASAP 77533
Plii
RECIPIENT TYPE: Send Payment Request to:
Municipal US EPA,Las Vegas Finance Center
4220 S.Maryland Pkwy,Bldg C,Rm 503
Las Vegas,NV 89119
Phone:#702-798-2467,Fax:#702-798-2423
Email:LVFC-grants@epa.gov
RECIPIENT: PAYEE:
City of Omaha Same as Recipient
1819 Farnam Street Suite 300 1819 Farnam Street Suite 300
Omaha,NE 68183 Omaha,NE 68183
EIN: 47-6006304
PROJECT MANAGER EPA PROJECT OFFICER •EPA GRANT SPECIALIST
Steven Zivny Whitney Rawls Connie Allen
1819 Farnam Street Suite 300 11201 Renner Boulevard,SUPR/10 Grants Management Office,PLMG/RFMB/GRMS
Omaha,NE 68183 Lenexa,KS 66219 E-Mail: Allen.Connie@epamail.epa.gov
E-Mail: steven.zivny@cityofomaha.org E-Mail: rawls.whitney@epa.gov Phone:913-551-7363
Phone:402-4445150 Phone:913-551-7678
PROJECT TITLE AND DESCRIPTION
Omaha Lead Site Soil Testing and Remediation
This cooperative agreement provides financial support for the City of Omaha to conduct soil sampling,soil remediation and additional work on assigned
residential properties as identified in the Work Plan. The City shall assume the lead role on all lead sampling and remediation activities January 1,2015.
This agreement provides partial funding,additional funding may be provided at a later date.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
06/01/2015 - 05/31/2022 06/01/2015 - 05/31/2022 $31,099,470.00 $31,099,470.00
NOTICE OF AWARD
Based on your Application dated 05/01/2015 including all modifications and amendments,the United States acting by and through the US Environmental
Protection Agency(EPA)hereby awards$6,664,172. EPA agrees to cost-share 100.00%of all approved budget period costs incurred,up to and not exceeding
total federal funding of$6,664,172. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award
by either: 1)drawing down funds within 21 days after the EPA award or amendment mailing date;or 2)not filing a notice of disagreement with the award terms
and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award,
the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or
amendment mailing date.In case of disagreement,and until the disagreement is resolved,the recipient should not draw down on the funds provided by this
award/amendment,and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions,
all terms and conditions of this agreement and any attachments.
ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS
Grants Management Office U.S.EPA,Region 7
11201 Renner Boulevard Superfund Division
Lenexa,KS 66219 11201 Renner Boulevard
Lenexa,KS 66219
•
THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official Deboraha K.Titus-Grants Management Officer DATE
05/28/2015
EPA Funding Information v-97748601 -0 Page 2,
FUNDS • FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $6,664,172 $6,664,172
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance • $ $ $0
Other Federal Funds $ $ $0
Recipient Contribution $ $ $0
State Contribution $ $ - $0
Local Contribution $ $ $0
Other.Contribution $ $ $0
Allowable Project Cost $0 $6,664,172 $6,664,172
ssistance Program(CFDA) Statutory Authority Regulatory Authority I
6.802 CERCLA:Sec.104(d)(1) 2 CFR 200.
2 CFR 1500
40 CFR 33 and 40 CFR 35 Subpart A
Fiscal
Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation/
Code Organization Class Organization Deobligation
OMAHA LEAD 1507W15031 15 TR2B 07WOR 303D02 4185 07ZYRA02 C003 6,664,172
6,664,172
V-97748601 -0 Page 3
Budget Summary Page
Table A-Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1.Personnel $3,383,615
2.Fringe Benefits $1,448,431
3.Travel $90,174
4.Equipment $80,000
5.Supplies $7,000
6.Contractual $23,560,000
7.Construction $0
8.Other $2,530,250
. 9.Total Direct Charges $31,099,470
10.Indirect Costs: % Base $0
11.Total(Share: Recipient 0.00% Federal 100.00%.) $31,099,470
12.Total Approved Assistance Amount $31,099,470
13.Program Income $0
14.Total EPA Amount Awarded This Action $6,664,172
15.Total EPA Amount Awarded To Date $6,664,172
V-97748601 -0 Page 4
Administrative Conditions
1. General Terms and Conditions
The recipient agrees to comply with the current EPA general terms and conditions available at:
http://www.epa.gov/ogd/tc/general tc_applicable_aa_recipients_dec_26_2014.pdf. These terms and
conditions are in addition to the assurances and certifications made as part of the award and the terms,
conditions or restrictions cited throughout the award.
The EPA repository for the general terms and conditions by year can be found at:
http://www.epa.gov/ogd/tc.htm.
2. Payment Frequency
Recipient agrees to submit, at a minimum, a quarterly billing (payment) request(s)to the EPA,forall
eligible, allowable, allocable, necessary and reasonable costs which are incurred for this project/program.
A payment request is not required to be submitted in the event that the recipient has not incurred such
costs during the quarterly period,but more frequent payments may be requested as costs are incurred.
3. DBE/MBE Reporting
GENERAL COMPLIANCE,40 CFR,Part 33
The recipient agrees to comply with the requirements of EPA's Disadvantaged BusinessEnterprise(DBE)
Program for procurement activities under assistance agreements,contained in 40 CFR, Part 33.
UTILIZATION OF SMALL,MINORITY AND WOMEN'S BUSINESS ENTERPRISES
MBE/WBE REPORTING,40 CFR, Part 33, Subpart E
MBE/WBE reporting is required in annual reports. Reporting is required for assistance agreements
where there are funds budgeted for procuring construction, equipment, services and supplies, including
funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the
"Other"category that exceed the threshold amount of$150,000, including amendments and/or
modifications.
Based on EPA's review of the planned budget,this award meets the conditions above and is subject to the
Disadvantaged Business Enterprise(DBE) Program reporting requirements. However, if recipient believes
this award does not meet these conditions, it must provide EPA R7 Grants Specialist listed on the
award with a justification and budget detail within 21 days of the award date clearly demonstrating that,
based on the planned budget,this award is not subject to the DBE reporting requirements.
The recipient agrees to complete and submit a"MBE/WBE Utilization Under Federal Grants, Cooperative
Agreements and Interagency Agreements" report (EPA Form 5700-52A)on an annual basis.All
procurement actions are reportable, not just that portion which exceeds$150,000.
When completing the annual report, recipients are instructed to check the box titled "annual" in
section 1 B of the form. For the final report, recipients are instructed to check the box indicated for
the"last report" of the project in section 1 B of the form.Annual reports are due by October 30th of
each year. Final reports are due by October 30th or 90 days after the end of the project period,
whichever comes first.
The reporting requirement is based on total procurements. Recipients with expended and/or budgeted
funds for procurement are required to report annually whether the planned procurements take place
during the reporting period or not. If no budgeted procurements take place during the reporting period, the
recipient should check the box in section 5B when completing the form.
MBE/WBE reports should be sent to R7Grants@epa.gov.The current EPA Form 5700-52A can be found
at the EPA Office of Small Business Program's Home Page at
http://www.epa.gov/osbp/dbe reportinq.htm
This provision represents an approved deviation from the MBE/WBE reporting requirements as described
in 40 CFR, Part 33, Section 33.502; however,the other requirements outlined in 40 CFR Part 33 remain in
effect, including the Good Faith Effort requirements as described in 40 CFR Part 33 Subpart C,and Fair
Share Objectives negotiation as described in 40 CFR Part 33 Subpart D and explained below.
FAIR SHARE OBJECTIVES,40 CFR, Part 33,Subpart D
A recipient must negotiate with the appropriate EPA award official, or his/her designee,fair share
objectives for MBE and WBE participation in procurement under the financial assistance agreements.
In accordance with 40 CFR, Section 33.411 some recipients may be exempt from the fair share objectives
requirements as described in 40 CFR, Part 33, Subpart D. Recipients should work with their-DBE
coordinator, if they think their organization may qualify for an exemption.
ACCEPTING THE FAIR SHARE OBJECTIVES/GOALS OF ANOTHER RECIPIENT
The dollar amount of this assistance agreement, or the total dollar amount,of all of the recipient's financial
assistance agreements in the current federal fiscal year from EPA is $250,000,or more. The recipient
accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the NEBRASKA
DEPARTMENT OF ENVIRONMENTAL QUALITY(NDEQ)as follows:
Nebraska MBE WBE
Supplies 5% 12%
Equipment 6% 11%
Services 5% 11%
Construction 6% 8%
By signing this financial assistance agreement,the recipient is accepting the fair share objectives/goals
stated above and attests to the fact that it is purchasing the same or similar construction,supplies,
services and equipment, in the same or similar relevant geographic buying market as NDEQ.
NEGOTIATING FAIR SHARE OBJECTIVES/GOALS,.40 CFR, SECTION 33.404
The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient
wishes to negotiate its own MBE/WBE fair share objectives/goals,the recipient agrees to submit proposed
MBE/WBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and
WBEs in their relevant geographic buying market for construction, services, supplies and equipment.
The submission of proposed fair share goals with the supporting analysis or disparity study means that the
recipient is not accepting the fair share objectives/goals of another recipient.The recipient agrees to
submit proposed fair share objectives/goals,together with the supporting availability analysis or disparity
study,to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance
award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the
submission. If proposed fair share objective/goals are not received within the 120 daytime frame,the
recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are
submitted.
SIX GOOD FAITH EFFORTS,40 CFR, Part 33,Subpart C
Pursuant to 40 CFR, Section 33.301,the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial assistance
agreement, and to require that sub-recipients, loan recipients, and prime contractors also comply.
Records documenting compliance with the six good faith efforts shall be retained:
(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and
Local and Government recipients,this will include placing DBEs on solicitation lists and
soliciting them whenever they are potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in
a way that encourages and facilitates participation by DBEs in the competitive process.
This includes,whenever possible, posting solicitations for bids or proposals for a
minimum of 30 calendar days before the bid or proposal closing date.
(c) Consider in the contracting process whether firms competing for large contracts
could subcontract with DBEs. For Indian Tribal, State and local Government recipients,
this will include dividing total requirements when economically feasible into smaller tasks
or quantities to permit maximum participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for
one of these firms to handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development
Agency of the Department of Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the
steps in paragraphs (a)through (e) of this section.
CONTRACT ADMINISTRATION PROVISIONS,40 CFR,Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302.
BIDDERS LIST,40 CFR,Section 33.501(b)and(c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create
and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving
loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the
recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40
CFR, Section 33.501 (b) and(c)for specific requirements and exemptions.
4. Reimbursement Restriction
Recipient agrees no funds may be expended or requested for reimbursement for items included
in the Other budget category designated as Contingency until an itemized list of these costs is
submitted to, and approved by,the EPA Project Officer.
Programmatic Conditions
1. Performance Reports
Recipient agrees to provide Quarterly Performance Reports ,for all activities identified in
the work plan,including those performed by the Recipient through Interagency Agreements and
sub-agreements in accordance with 40 CFR 30.51 or 40 CFR 31.40;whichever is applicable.
Performance reports submitted under this agreement will contain at a minimum:
i) a comparison of actual accomplishments to the outputs/outcomes established in
the work plan for the performance period;
ii) the reasons for slippage if established outputs/outcomes were not met; and,
iii) additional pertinent information including,when appropriate, analysis and
explanation of cost overruns or high unit costs.
These reports shall be due no later than thirty (30) days after the end of each reporting
period. The final performance report is due to the EPA Project Officer(PO)within ninety (90)
days after the expiration of the project period.
Questions,concerns, notification of any problems or delays should be directed to the EPA
PO listed on the first page of your assistance award or assistance amendment document.
2. Quality Assurance Project Plan Requirement
Recipient agrees that no funds may be expended or requested for reimbursement for environmental data
generation or use until a Quality Assurance Project Plan (QAPP) is received and approved by the EPA
• Project Officer and the Regional Quality Assurance Manager. Recipient agrees to adhere to the approved
QAPP for environmental data generation or use under this agreement in order for the environmental data
activities to be eligible for reimbursement. Recipient agrees that any significant revisions to the QAPP
must be reviewed and approved by the EPA Project Officer and Regional Quality Assurance Manager
before implementation.
3. Competency of Organizations Generating Environmental Measurement Data -In accordance with
Agency Policy Directive Number FEM-2012-02, Policy to Assure the Competency of Organizations
Generating Environmental Measurement Data under Agency-Funded Assistance Agreements, Recipient
agrees, by entering into this agreement,that it has demonstrated competency prior to award, or
alternatively,where a pre-award demonstration of competency is not practicable, Recipient agrees to
demonstrate competency prior to carrying out any activities under the award involving the generation or
use of environmental data. Recipient shall maintain competency for the duration of the project period of
this agreement. A copy of the Policy is available online at http://www.epa.gov/fem/lab _comp.htm or a
copy may also be requested by contacting the EPA project officer for this award.
4. Geospatial Data Standards
All geospatial data created must be consistent with Federal Geographic Data Committee (FGDC)
endorsed standards. Information on these standards may be found at www.fgdc.gov.
5. Cooperative Agreement
A cooperative agreement is being awarded as defined under the statutory authority of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 as amended by the Superfund
Amendments and Reauthorization Act of 1986, herein referred to as CERCLA.The regulations in 40 CFR
Part 35 Subpart 0 codify recipient requirements for administering CERCLA-funded Cooperative
Agreements. Within the regulations a Cooperative Agreement is defined as a legal instrument EPA uses
to transfer money, property, services, or anything of value to a recipient to accomplish a public purpose in
which substantial EPA involvement is anticipated during the performance of the project. The
Environmental Protection Agency's (EPA) responsibilities under CERCLA cooperative agreements would
include increased monitoring,joint operational involvement ,participation, and/or collaboration between
EPA and the recipient. In addition,the National Contingency Plan (NCP) requires state involvement in
response actions. This programmatic term and condition is being added to provide documentation for
selection of a cooperative agreement. The awarding of a cooperative agreement will meet the statutory
requirements of CERCLA, the 40 CFR Part 35 Subpart 0 regulations and the intent of the NCP by
ensuring state-involvement in response actions.
6. Rights
This Agreement is intended to benefit only the City and not the EPA. It extends no benefit or rights to any
part not a signatory to this Agreement. In addition, EPA does not assume any rights to third parties with
respect to losses due to bodily injury or property damages that exceed the limitations contained in the
provisions of 28 U.S.C.Section 1346(b), 2671-2680. To the extent permitted by State law,the City does
not assume liability to any third parties with respect to losses due to bodily injury or property damage .
7. Ordinances
Recipient agrees where City Ordinances or other restrictions may prevent the City from acting consistent
with CERCLA, as amended by SARA,the City agrees to promptly notify and consult with EPA regarding
the use of such ordinances or other restrictions.
8. Wage Rate Requirements under Section 104(a) of CERCLA
•
Preamble
Section 104(g)of the Comprehensive Environmental Response, Compensation and:Liability Act
(CERCLA) requires that all laborers and mechanics employed by contractors and subcontractors in the
performance of construction, repair, or alteration work funded in whole or in part under CERCLA Section
104 shall be paid wages at rates not less than those prevailing on projects of a character similar in the
locality as determined by the Secretary of Labor in accordance with Sections 3141-3144, 3146, and 3147
of Title 40 of the United States Code.
Pursuant to Reorganization Plan No. 14 and the Copeland Act,40 U.S.C. 3145,the Department of Labor
has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and Related Acts (DB).
Regulations in 29 CFR 5.5 instruct agencies concerning application of the Standard Davis-Bacon contract
clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans
under the CERCLA 104 shall ensure that the standard Davis-Bacon (DB)contract clauses found in 29
CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess of $2,000 for
construction, alteration or repair(including painting and decorating).
The Secretary of Labor retains final coverage authority for DB under Reorganization Plan Number 14.
DAVIS BACON PREVAILING WAGE TERM AND CONDITION
The following terms and conditions specify how recipients will assist EPA in meeting its DB
responsibilities when DB applies to EPA awards of financial assistance under CERCLA 104. If a
Recipient has questions regarding when DB applies,obtaining the correct DB wage determinations, DB
contract provisions, or DB compliance monitoring, it may contact Donald Feeno for guidance. The
Recipient may also obtain additional guidance from DOL's web site at:
http://www.dol.gov/esa/whd/contracts/dbra.htm
1. Applicability of the Davis Bacon prevailing wage requirements.
For the purposes of this term and condition, EPA has determined that all construction, alteration and
repair activity involving the remediation of hazardous substances, including excavation and removal
of hazardous substances, construction of caps, barriers,structures which house treatment equipment,
and abatement of contamination in buildings, is subject to DB. If recipient encounters a unique
situation at a site that presents uncertainties regarding DB applicability,the recipient must discuss the
situation with EPA before authorizing work on that site.
2. Obtaining Wage Determinations.
(a) Recipients must obtain wage determinations (WD)for specific localities at www.wdol.gov.
(b) DOL issues DBA WDs reflecting prevailing wages and benefits paid by the construction industry
within specific localities.The DBA WDs are further classified by the nature of the construction
projects performed,specifically listed as "schedules": residential, building, highway, and heavy
construction. Details and examples of wage classification schedules may be found in DOL's"All
Agency Memorandum No. 130 and 131", available at
http://www.dol.gov/esa/whd/programs/dbra/flocs/memo-131.odf. Unless otherwise instructed by
EPA on a project specific basis,the Recipient shall use the following DOL General Wage
Classifications schedule for the locality in which the construction activity subject to DB will take
place:
(I) When soliciting competitive contracts or issuing task orders,work assignments or similar
instruments to existing contractors (ordering instruments)for,the excavation and removal
of hazardous substances, construction of caps, barriers, Recipient shall use the"Heavy
Construction"Classification.
(ii) When soliciting competitive contracts or issuing ordering instruments for the construction
of structures which house treatment equipment, and abatement of contamination in
buildings (other than residential structures less than 4 stories in height) Recipient shall
use"Building Construction"classification.
(iii) When soliciting competitive contracts or issuing ordering instruments for the abatement of
contamination in residential structures less than 4 stories in height the Recipient shall use
"Residential Construction"classification.
Recipients must discuss unique situations that may not be covered by the General Wage
Classifications described above with EPA. If, based on discussions with a Recipient, EPA
determines that DB applies to a unique situation the Agency will advise the Recipient which
General Wage Classification to use based on the nature of the construction activity at the site.
(b) Recipients shall obtain the wage determination for the locality in which a Superfund cleanup activity
subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for
soliciting contracts (solicitation)for activities subject to DB. These wage determinations shall be
incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision
requiring that subcontractors follow the wage determination incorporated into the prime contract.
(i) While the solicitation remains open,the Recipient shall monitor www.wdol.gov on a weekly
basis to ensure that the wage determination contained in the solicitation remains current. The
Recipient shall amend the solicitation if DOL issues a modification more than 10 days prior to
the closing date (i.e. bid opening)for the solicitation. If DOL modifies or supersedes the
applicable wage determination less than 10 days prior to the closing date,the Recipient may
request a finding from EPA that there is not a reasonable time to notify interested contractors
of the modification of the wage determination. EPA will provide a report of the Agency's
finding to the Recipient.
(ii) - If the Recipient does not award the contract within 90 days of the closure of the solicitation,
any modifications or supersedes DOL makes to the wage determination contained in the
solicitation shall be effective unless EPA, at the request of the Recipient, obtains an extension
of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The Recipient shall monitor
www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of
the solicitation to ensure that wage determinations contained in the solicitation remain
current.
(iii) If the Recipient carries out Superfund activity subject to DB by issuing a task order, work
assignment or similar instrument to an existing contractor(ordering instrument) rather than by
publishing a solicitation, the Recipient shall insert the appropriate DOL wage determination
from www.wdol.gov into the ordering instrument.
(d). Recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that
the prime contractor has required its subcontractors to include the applicable wage determinations.
(e) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a
Recipient's contract after the award of a contract or the issuance of an ordering instrument if DOL
determines that the Recipient has failed to incorporate a wage determination or has used a wage
determination that clearly does not apply to the contract or ordering instrument. If this occurs,the
Recipient shall either terminate the contract or ordering instrument and issue a revised solicitation or
ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract
or ordering instrument by change order. The Recipient's contractor must be compensated for any
increases in wages resulting from the use of DOL's revised wage determination.
3. Contract and Subcontract Provisions.
(a)The Recipient shall insert in full in any contract in excess of $2,000 which is entered into for the actual
construction, alteration and/or repair,including painting and decorating,of a public building or public work,
or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a
Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a
loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is
subject to DB,the following labor standards provisions.
(1) Minimum wages.
(i)All laborers and mechanics employed or working upon the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),
will be paid unconditionally and not less often than once a week, and without subsequent deduction or
rebate on any account(except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act(29 CFR Part 3),the full amount of wages and bona fide fringe
benefits (or cash equivalents thereof)due at time of payment computed at rates not less than those
contained in the applicable wage determination of the Secretary of Labor which the recipient obtained
under the procedures specified in Item 2, above, and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of
the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (a)(1)(iv)of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,
funds,or programs which cover the particular weekly period, are deemed to be constructively made or
incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work actually performed,without
regard to skill, except as provided in§ 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked
therein: Provided,that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed.The wage determination (including any additional classification
and wage rates conformed under paragraph (a)(1)(ii)of this section) and the Davis-Bacon poster
(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers. Recipients shall require that
the contractor and subcontractors include the name of the Recipient employee or official responsible for
monitoring compliance with DB on the poster.
(ii)(A)The Recipient,on behalf of EPA, shall require that contracts and subcontracts entered into under
this agreement provide that any class of laborers or mechanics,including helpers, which is not listed in
the wage determination and which is to be employed under the contract shall be classified in conformance
with the wage determination.The EPA Award Official shall approve an additional classification and wage
rate and fringe benefits therefore only when the following criteria have been met:
(1)The work to be performed by the classification requested is not performed by a classification in the
wage determination; and
(2)The classification is utilized in the area by the construction industry;and
(3)The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if known),or
their representatives,and the recipient agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the recipient
to the EPA Award Official. The Award Official will transmit the report,to the Administrator of the Wage
and Hour Division, Employment Standards Administration, U.S. Department of Labor,Washington, DC
20210.The Administrator,or an authorized representative,will approve, modify,or disapprove every
additional classification action within 30 days of receipt and so advise the award official or will notify the
award official within the 30-day period that additional time is necessary.
(C) In the event the contractor,the laborers or mechanics to be employed in the classification or their
representatives, and the Recipient do not agree on the proposed classification and wage rate (including
the amount designated for fringe benefits,where appropriate),the award official shall refer the questions,
including the views of all interested parties and the recommendation of the award official,to the
Administrator for determination.The Administrator, or an authorized representative, will issue a
determination within 30 days of receipt and so advise the contracting officer or will notify the Award
Official within the 30-day period that additional time is necessary.
(D)The wage rate(including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(1)(ii)(B) or(C) of this section,shall be paid to all workers performing work in the classification under
this contract from the first day on which work is performed in the classification.
(iii)Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person,the contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated
in providing bona fide fringe benefits under a plan or program, Provided,That the Secretary of Labor has
found, upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act
have been met.The Secretary of Labor may require the contractor to set aside in a separate account
assets for the meeting of obligations under the plan or program.
(2)Withholding.The recipient shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause the to withhold from the contractor under this
contract or any other Federal contract with the same prime contractor, or any other federally-assisted
contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime
contractor,so much of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices,trainees, and helpers,employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer
or mechanic, including any apprentice,trainee, or helper, employed or working on the site of the work (or
under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or
development of the project), all or part of the wages required by the contract, EPA may, after written notice
to the contractor, or recipient take such action as may be necessary to cause the suspension of any
further payment,advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of
the work and preserved for a period of three years thereafter for all laborers and mechanics working at the
site of the work(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the
construction or development of the project).Such records shall contain the name,address,and social
security number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of
hours worked, deductions made and actual wages paid.Whenever the Secretary of Labor has found
under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the
Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such
benefits is enforceable,that the plan or program is financially responsible, and that the plan orprogram
'has been communicated in writing to the laborers or mechanics affected, and records which show the •
costs anticipated or the actual cost incurred in providing such benefits.Contractors employing apprentices
or trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs,the registration of the apprentices and trainees,and the
ratios and wage rates prescribed in the applicable programs.
(ii)(A)The contractor shall submit weekly for each week in which any contract work is performed a copy of
all payrolls to the Recipient who will maintain the records on behalf of EPA.The payrolls submitted shall
set out accurately and completely all of the information required to be maintained under 29 CFR
5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly
transmittals. Instead the payrolls shall only need to include an individually identifying number for each
employee(e.g.,the last four digits of the employee's social security number).The required weekly payroll
information may be submitted in any form desired.Optional Form WH-347 is available for this purpose
from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its
successor site.The prime contractor is responsible for the submission of copies of payrolls by all
subcontractors. Contractors and subcontractors shall maintain the full social security number and current
address of each covered worker, and shall provide them upon request to the Recipient for transmission to
the EPA, if requested by EPA,the contractor, or the.Wage and Hour Division of the Department of Labor
for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a prime contractor to require a subcontractor to provide addresses and social
security numbers to the prime contractor for its own records,without weekly submission to the recipient.
(B) Each payroll submitted to the Recipient shall be accompanied by a"Statement of Compliance,"signed
by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1)That the payroll for the payroll period contains the information required to be provided under§ 5.5
(a)(3)(ii) of Regulations, 29 CFR Part 5,the appropriate information is being maintained under§ 5.5
(a)(3)(i)of Regulations, 29 CFR Part 5,and that such information is correct and complete;
(2)That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
contract during the payroll period has been paid the full weekly wages earned,without rebate, either
directly or indirectly,and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in Regulations, 29 CFR Part 3;
(3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable wage
determination incorporated into the contract.
(C)The weekly submission of a properly executed certification set forth on the reverse side of Optional
Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by
paragraph (a)(3)(ii)(B) of this section.
(D)The falsification of any of the above certifications may subject the contractor or subcontractor to civil
or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii)The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection,copying, or transcription by authorized representatives of the EPA or the
Department of Labor,and shall permit such representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the required records or to make them available,
EPA may, after written notice to the contractor, Recipient,sponsor,applicant, or owner,take such action
as may be necessary to cause the suspension of any further payment,advance, or guarantee of funds.
Furthermore,failure to submit the required records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
(4)Apprentices and trainees--
(i) Apprentices.Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and individually registered in a bona fide apprenticeship
program registered with the U.S. Department of Labor, Employment and Training Administration,Office of
Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized
by the Office, or if a person is employed in his or her first 90 days of probationary employment as an
apprentice in such an apprenticeship program,who is not individually registered in the program, but who
has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate)to be eligible for probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be
greater than the ratio permitted to the contractor as to the entire work force under the registered program.
Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as
stated above, shall be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition,any apprentice performing work on the job site in
excess of the ratio permitted under the registered program shall be paid not less than the applicable wage
rate on the wage determination for the work actually performed.Where a contractor is performing
construction on a project in a locality other than that in which its program is registered,the ratios and
wage rates(expressed in percentages of the journeyman's hourly rate)specified in the contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice's level of progress, expressed as a percentage
of the journeymen hourly rate specified in the applicable wage determination.Apprentipes shall be paid
fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship
program does,not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed
on the wage determination for the applicable classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that
determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,withdraws approval of an apprenticeship program,the
contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate
for the work performed until an acceptable program is approved.
(ii)Trainees. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the
predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the U.S.
Department of Labor,Employment and Training Administration.The ratio of trainees to journeymen on the
job site shall not be greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the approved program for ;
the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the
applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full
amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the corresponding
journeyman wage rate on the wage determination which provides for less than full fringe benefits for
apprentices.Any employee listed on the payroll at a trainee rate who is not registered and participating in
a training plan approved by the Employment and Training Administration shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for the work
actually performed. In the event the Employment and Training Administration withdraws approval of a
training program,the contractor will no longer be permitted to utilize trainees at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity.The utilization of apprentices,trainees and journeymen under this part
shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
(5) Compliance with Copeland Act requirements.The contractor shall comply with the requirements of 29
CFR Part 3,which are incorporated by reference in this contract.
(6) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses contained in
29 CFR 5.5(a)(1)through(10)and such other clauses as the EPA may by appropriate instructions require,
and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts .The
prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in this term and condition.
(7) Contract termination: debarment.A breach of the contract clauses in 29 CFR 5.5 may be grounds for
termination of the contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR
5.12.
(8) Compliance with Davis-Bacon and Related Act requirements.All rulings and interpretations of the
Davis-Bacon and Related Acts contained in 29 CFR Parts 1,3, and 5 are herein incorporated by reference
in this contract.
(9) Disputes concerning labor standards.Disputes arising out of the labor standards provisions of this
contract shall not be subject to the general disputes clause of this contract. Such disputes shall be
resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and
7. Disputes within the meaning of this clause include disputes between the contractor (or any of its
subcontractors),the recipient,borrower or subgrantee and EPA, the U.S. Department of Labor,or the
employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract,the contractor certifies that neither it (nor he or she) nor any person or
firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government
contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
4. Contract Provisions for Contracts in Excess of $100,000
(a) Contract Work Hours and Safety Standards Act.The Recipient shall insert the following clauses set
forth in paragraphs (a)(1), (2), (3), and (4)of this section in full in any contract in an amount in excess of
$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.
These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4_6.As
used in this paragraph,the terms laborers and mechanics include watchmen and guards.
(1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work
which may require or involve the employment of laborers or mechanics shall require or permit any such
laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of
forty hours in such workweek unless such laborer or mechanic receives 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 in such
workweek.
(2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set
forth in paragraph(b)(1) of this section the contractor and any subcontractor responsible therefore shall be
liable for the unpaid wages. In addition,such contractor and subcontractor shall be liable to the United
States(in the case of work done under contract for the District of Columbia or a territory,to such District or
to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to
each individual laborer or mechanic, including watchmen and guards,employed in violation of the clause
set forth in paragraph (b)(1) of this section, in the sum of$10 for each calendar day on which such
individual was required or permitted to work in excess of the standard workweek of forty hours without
payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section.
(3)Withholding for unpaid wages and liquidated damages.The Recipient shall upon its own action or
upon written request of an authorized representative of the Department of Labor withhold or cause to be
withheld, from any moneys payable on account of work performed by the contractor or subcontractor
under any such contract or any other Federal contract with the same prime contractor,or any other
federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by
the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of
such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set
forth in paragraph (b)(2)of this section.
(4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
paragraph (b)(1)through(4) of this section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts.The prime contractor shall be responsible for compliance by any
subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1)through (4)of this
section.
(c) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work
Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1,the Recipient
shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll
records during the course of the work and shall preserve them for a period of three years from the
completion of the contract for all laborers and mechanics, including guards and watchmen,working on the
contract. Such records shall contain the name and address of each such employee, social security
number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked,
deductions made, and actual wages paid. Further,the Recipient shall insert in any such contract a clause
providing that the records to be maintained under this paragraph shall be made available by the contractor
or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the.
name of agency)and the Department of Labor, and the contractor or subcontractor will permit such
representatives to interview employees during working hours on the job.
5. Compliance Verification
(a)The Recipient shall periodically interview a sufficient,number of employees entitled to DB prevailing
wages(covered employees)to verify that contractors or subcontractors are paying the appropriate wage
rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence.The recipient
must use Standard Form 1445 or equivalent documentation to memorialize the interviews. Copies of the
SF 1445 are available from EPA on request.
(b)The recipient shall establish and follow an interview schedule based on its assessment of the risks of
noncompliance with DB posed by contractors or subcontractors and the duration of the contract or
subcontract.At a minimum,the recipient must conduct interviews with a representative group of covered
employees within two weeks of each contractor or subcontractor's submission of its initial weekly payroll
data and two weeks prior to the estimated completion date for the contract or subcontract. Recipients
must conduct more frequent interviews if the initial interviews or other information indicates that there is a
risk that the contractor or subcontractor is not complying with DB. Recipients shall immediately conduct
necessary interviews in response to an alleged violation of the prevailing wage requirements. All
interviews shall be conducted in confidence.
(c). The Recipient shall periodically conduct spot checks of a representative sample of weekly payroll
data to verify that contractors or subcontractors are paying the appropriate wage rates.The Recipient
shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance
with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a
minimum,the Recipient must spot check payroll data within two weeks of each contractor or
subcontractor's submission of its initial payroll data and two weeks prior to the completion date the
contract or subcontract. Recipients must conduct more frequent spot checks if the initial spot check or
other information indicates that there is a risk that the contractor or subcontractor is not complying with
DB. In addition,during the examinations the recipient shall verify evidence of fringe benefit plans and
payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions.
(d). The recipient shall periodically review contractors and subcontractors use of apprentices and
trainees to verify registration and certification with respect to apprenticeship and training programs
approved by either the U.S Department of Labor or a state, as appropriate,and that contractors and
subcontractors are not using disproportionate numbers of, laborers,trainees and apprentices. These
reviews shall be conducted in accordance with the schedules for spot checks and interviews described in
• Item 5(b)and (c)above.
(e) Recipientsimmediately reportpotentialprevailing wageG must violations of the DB revailin re uirements to the
EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at
http://www.dol.gov/esa/contacts/whd/america2.htm •
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V-97748601 -1 Page 1
GRANT NUMBER(FAIN): 97748601
.400 stq MODIFICATION NUMBER: 1 DATE OF AWARD
U.S. ENVIRONMENTAL PROGRAM CODE: V 05/17/2016
I PROTECTION AGENCY TYPE OF ACTION MAILING DATE
Revision:Scope&Increase 05/24/2016
Assistance Amendment PAYMENT METHOD: ACH#
ASAP 77533
44 ruts
RECIPIENT TYPE: Send Payment Request to:
Municipal US EPA,Las Vegas Finance Center
4220 S.Maryland Pkwy,Bldg C, Rm 503
Las Vegas,NV 89119
Phone:702-798-2467,Fax:702-798-2423
Email:LVFC-grants@epa.gov
RECIPIENT: PAYEE:
City of Omaha Same as Recipient
1819 Farnam Street Suite 300 1819 Farnam Street Suite 300
Omaha, NE 68183 Omaha,NE 68183
EIN: 47-6006304
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Steven Zivny Whitney Rawls Rachel Walters
1819 Farnam Street Suite 300 11201 Renner Boulevard,SUPR/IO Grants Management Office, PLMG/RFMB/GRMS
Omaha,NE 68183 Lenexa,KS 66219 E-Mail: walters.rachel@epa.gov
E-Mail: steven.zivny@cityofomaha.org E-Mail: rawls.whitney@epa.gov Phone:913-551-7696
Phone:402-444-5150 Phone:913-551-7678
PROJECT TITLE AND EXPLANATION OF CHANGES
Management of Omaha Lead Superfund Site
This cooperative agreement provides financial support for the City of Omaha to conduct soil sampling,soil remediation and additional work on assigned
residential properties as identified in the Work Plan. The City shall assume the lead role on all lead sampling and remediation activities January 1,2015.
This amendment revises the scope of work,provides additional funding including EPA.in-kind of$9,702,updates EPA contact information,revises and adds
terms and conditions of award.
This amendment will add activities currently being conducted by the City of Omaha under two separate cooperative agreements(exterior paint stabalization
and institutional controls)and include health education and outreach activities into one cooperative agreement.
This agreement provides partial funding,additional funding may be provided at a later date.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
06/01/2015 - 05/31/2022 06/01/2015 - 05/31/2022 $42,221,518.00 $42,221,518.00
NOTICE OF AWARD
Based on your Application dated 05/01/2015 including all modifications and amendments,the United States acting by and through the US Environmental
Protection Agency(EPA)hereby awards$10,000.EPA agrees to cost-share 100.00%of all approved budget period costs incurred,up to and not exceeding
total federal funding of$6,683,874. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award
by either: 1)drawing down funds within 21 days after the EPA award or amendment mailing date;or 2)not filing a notice of disagreement with the award terms
and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award,
the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or
amendment mailing date.In case of disagreement,and until the disagreement is resolved,the recipient should not draw down on the funds provided by this
award/amendment,and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions,
all terms and conditions of this agreement and any attachments.
ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS
Grants Management Office U.S. EPA, Region 7
11201 Renner Boulevard Superfund Division
Lenexa,KS 66219 11201 Renner Boulevard
Lenexa,KS 66219
THE UNITED STATES OF AMERICA BY THE U.S.ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official Deboraha K.Titus-Grants Management Officer DATE
05/17/2016
EPA Funding Information V-97748601 - 1 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $6,664,172 $10,000 $6,674,172
EPA In-Kind Amount $0 $ 9,702 $ 9,702
Unexpended Prior Year Balance $0 $ $0
Other Federal Funds $0 $ $0
Recipient Contribution $0 $ $0
State Contribution $0 $ $0
Local Contribution $0 $ $0
Other Contribution $0 $ $0
Allowable Project Cost $6,664,172 $19,702 $6,683,874
Assistance Program(CFDA) Statutory Authority Regulatory Authority
66.802-Superfund State Political Subdivision and CERCLA:Sec. 104(d)(1) 2 CFR 200
—Indian Tribe Site Specific Cooperative Agreements 2 CFR 1500
40 CFR 33 and 40 CFR 35 Subpart 0
Fiscal
Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation
Code Organization Class Organization Deobligation
OMAHA LEAD 1607W16027 16 TR2B 07WOR 303DD2 4185 07ZYRA02 C003 10,000
10,000
V-97748601 -1 Page 3
Budget Summary Page
Table A-Object Class Category Total Approved Allowable
(Non-construction) Budget Period Cost
1.Personnel $5,740,682
2.Fringe Benefits $2,640,978
3.Travel $133,959
4.Equipment $80,000
5.Supplies $12,600
6.Contractual $25,610,000
7.Construction $0
8.Other $8,003,299
9.Total Direct Charges $42,221,518
10.Indirect Costs: % Base $0
11.Total(Share: Recipient 0.00% Federal 100.00%.) $42,221,518
12.Total Approved Assistance Amount $42,221,518
13.Program Income $0
14.Total EPA Amount Awarded This Action $19,702
15.Total EPA Amount Awarded To Date $6,683,874
V-97748601 -1 Page 4
Administrative Conditions
This amendment revises administrative condition 1. All other administrative conditions remain the same.
1. General Terms and Conditions
The recipient agrees to comply with the current EPA general terms and conditions available at:
https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-march-29-2016-or-later.
These terms and conditions are in addition to the assurances and certifications made as part of the award
and the terms, conditions or restrictions cited throughout the award.
The EPA repository for the general terms and conditions by year can be found at:
http://www.epa.gov/grants/grant-terms-and-conditions
Programmatic Conditions
This amendment adds programmatic conditions 9 and 10. All other programmatic conditions remain the
same.
9. Subaward Monitoring
The recipient must report on its subaward monitoring activities under 2 CFR 200.331(d). Examples of
items that must be reported if the pass-through entity has the information available are:
1. Summaries of results of reviews of financial and programmatic reports.
2. Summaries of findings from site visits and/or desk reviews to ensure effective subrecipient
performance.
3. Environmental results the subrecipient achieved.
4. Summaries of audit findings and related pass-through entity management decisions.
5. Actions the pass-through entity has taken to correct deficiencies such as those specified at 2 CFR
200.331(e), 2 CFR 200.207 and the 2 CFR Part 200.338 Remedies for Noncompliance.
10. Cvbersecurity Requirements
(a) The recipient agrees that when collecting and managing environmental data under this assistance
agreement, it will protect the data by following all applicable State or Tribal law cybersecurity
requirements.
(b) (1) EPA must ensure that any connections between the recipient's network or information system and
EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of
this Section, a connection is defined as a dedicated persistent interface between an Agency IT system
and an external IT system for the purpose of transferring information. Transitory, user-controlled
connections such as website browsing are excluded from this definition.
If the recipient's connections as defined above do not go through the Environmental Information Exchange
Network or EPA's Central Data Exchange, the recipient agrees to contact the EPA Project Officer(PO) no
later than 90 days after the date of this award and work with the designated Regional/Headquarters
Information Security Officer to ensure that the connections meet EPA security requirements, including
entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual
entry of data by the recipient into systems operated and used by EPA's regulatory programs for the
submission of reporting and/or compliance data.
(2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to
comply with the requirements in (b)(1) if the subrecipient's network or information system is connected to
EPA networks to transfer data to the Agency using systems other than the Environmental Information
Exchange Network or EPA's Central Data Exchange. The recipient will be in compliance with this
condition: by including this requirement in subaward agreements;and during subrecipient monitoring
deemed necessary by the recipient under 2 CFR 200.331(d), by inquiring whether the subrecipient has
contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA
Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection
Service Agreement between the subrecipient and EPA.
Part 6 - Outreach and Community Relations (Task 5)
10.0 Purpose
Task 5 activities focus on interacting with the public and with media. Outreach activities focus on
providing lead hazard information to the public through various media including games,advertisements,
and volunteer efforts. Outreach also includes providing lead training to the community(in the form of
hands-on education,etc.).
Community relations activities focus on creating and disseminating information intended for use by the
media. It also includes tracking articles, broadcasts,and other media sources that discuss the OLS.
Community relations are also discussed in Part 1—Administrative Responsibilities.
Although not their main focus, OHKA will also help the City create new policies that strengthen lead
hazard mitigation and education efforts,and help find ways to strengthen existing policies.
Education and outreach will primarily be conducted by OHKA with oversight by the City.
10.1 Responsibilities of the City
The City will enter into an agreement with OHKA which will provide funding for outreach and
community relations efforts under this Task. The primary responsibility of the City will be to review
activities conducted by OHKA under this agreement to ensure they are:
1. Relevant to the OLS
2. Cost effective (i.e., not wasteful)
3. Consistent with OHKA's proposed scope-of-work
4. Consistent with the City's and the EPA's scope-of-work
10.1.1 Interaction with the Mayor's Office
Depending on the administration,the Mayor's Office may wish to review all documents intended for
dissemination and all plans for interaction with the media. The City will be responsible for keeping
OHKA informed on the Mayor's Office's instructions for working with the public and the media.
10.2 Responsibilities of OHKA
OHKA will focus their efforts on three separates areas,which are as follows:
• Outreach
• Community Relations
• Policy Work
As previously stated, OHKA's main focus will be on Outreach and Community Relations, but they will
provide assistance to the City with Policy Work.
The following sections provide details about activities planned for each of OHKA's focus areas.
44
10.2.1 Outreach •
The following table lists outreach activities OHKA will undertake. The table also presents projected
outputs and outcomes of those activities. Additional activities may be developed as the program
advances.
Table 1:Outreach
Outreach
Activity# Activity Output Outcome
1 Connect local area Respond to calls and Ensure that yards in Omaha
residents to the questions about lead and are tested and remediated
necessary resources connect residents with
provided by the City of appropriate programs Direct residents to the
Omaha Omaha Lead Registry
Refer residents to City Lead
program to have soil and
paint tested and potentially
remediated
Promote Omaha Lead
Registry in printed and
electronic materials and at
community events
2 Help the City to ensure Work closely with the City Increase the number of
public usage of the of Omaha to coordinate residents using the Omaha
Omaha Lead Registry outreach efforts to hard-to- Lead Registry
reach populations
Place 84 ads on sites such
as Zillow and Trulia
Create eight PSAs to run on
TV and radio
3 Work with the City to City of Omaha and OHKA City and OHKA create
develop a community collaborate to create unified messages to
engagement plan for unified messages about educate Omaha
the OLS lead in Omaha;
City of Omaha and OHKA
periodically refine
community relations plan
to reach new audiences
4 Hire two outreach Rotate at 20 locations Provide education on lead
workers throughout the community and Healthy Homes,
encourage people to use
Provide education to 3,500 the Omaha Lead Registry,
individuals a year and to track and report
data
45
5 Create and implement Advertising through 50,000 people reached
a social marketing plan Facebook ads and Tweets
Create innovative
messages
6 Partner with Partner with 20 including Ensure that patients have
community-based Urban League,Charles information about lead and
health organizations Drew Medical Center, and the OLS
One World Community
Health Center
7 Attend/host Attend or host at least six 5,000 people reached
educational events educational events each
year
8 Create marketing Monthly ads for local Education about lead,the
materials newspapers and OLS, events and the Omaha
publications including: Lead Registry
Omaha World-Herald, The
Reader,Omaha Star, El
Perico, Metro Omaha
Magazine, Nuestro Mundo
2 Billboards; 3 bench ads; 2
bus wraps
9 Create educational Contract with a graphic Widespread education
materials designer to help design disseminated for all
marketing and outreach residents
materials brochures and
flyers
Create 20,000 brochures
for clinics and waiting
rooms throughout the City
Widespread education
disseminated for all
residents
10 Provide in-home 1,400 homes visited by Reach over 3,000 residents
education and lead OHKA staff within the OLS
testing to residents of
the OLS On-site lead education Ensure children are tested
for lead in Omaha
Partner to ensure children
are tested
11 Create video games to Two interactive video game Provide education on lead
education children apps created to an even broader
about lead audience in an innovative
way
46
12 Expand OHKA's Purchase equipment to Create a place where
outreach center to create the training center residents can come to
allow for trainings and including a photocopier, learn and ask questions
community events two smart boards,two about lead,the OLS, the
projectors,virtual reality Omaha Lead Registry and
technology,tables chairs Healthy Homes
and desks, signage and a
digital camera
13 Create on-line tools Self-assessment tool tied to Allow people to evaluate
for education the Omaha Lead Registry their own lead risks
Create/update websites Provide state of the art
information/education to
the community
14 Connect with local Provide outreach to Prevent recontamination
businesses landscaping companies, of soil in order to protect
concrete layers, and the Superfund remedy
sewer separation
contractors
15 Translate materials in Translate all educational Ensure all residents in the
various languages materials into languages OLS have access to
such as Spanish, Karen and information and education
Nuer
16 Create a yard Reach out to people who Protect yards that have
assistance program have had high lead been remediated by the
with community readings in their yards and EPA and/or the City of
volunteer gardening, provide technical Omaha
landscaping and a yard assistance to the owners of
trash clean-up the properties. Prevent future exposure to
program. lead through landscaping
Recruit and train 600 and gardens
volunteers to safely plant
gardens in areas of yards
with lead contamination.
Supplies that will be
needed for gardening
projects include gloves,
gardening tools, and
plants.Yard clean-up
supplies include dumpster
rentals, shovels and waste
bags
18 Work with educational Conduct 28 trainings for Educate the public on the
institutions 1,000 people OLS and ways to prevent
soil recontamination
47
Work with Metropolitan
Community College's Real Educate the public on
Estate trainings,the impact of lead on selling
College of St. Mary's properties and on using the
Nursing program, and the Omaha Lead Registry
University of Nebraska
Medical Center's College of Generate CEUs for
Public Health professionals
Create trainings to workers
including contractors,
utility workers and
landscapers
19 Engage real estate Engage at least five groups lncentivize real estate
professionals including the Nebraska professionals to notify
Real Estate Commission, prospective purchasers of
Metropolitan Omaha the lead work conducted
Property Owners on the property
Association and the Omaha
Board of Realtors
20 Collaborate with local Work with 10 local banks Provide education and
financial institutions and mortgage lenders explore the possibility of
adding soil remediation
information to property
records
10.2.1.1 Interaction with the Mayor's Office
Depending on the administration in charge at a given time,the Mayor's Office may wish to review all
documents intended for dissemination and all plans for interaction with the media. The City will be
responsible for keeping OHKA informed on the Mayor's Office's instructions for working with the public
and the media.
10.2.2 Community Relations
As previously discussed in Section 3.0,this activity includes work efforts related to the preparation or
modification and implementation of the CRP for the OLS. OHKA's responsibilities under this task
include:
• OHKA shall monitor local media coverage of the OLS on a daily basis. OHKA will develop and/or
distribute fact sheets and information updates, provide assistance at public meetings, provide
periodic news releases for local newspapers and other news media, and provide other public
health education and outreach activities.
• OHKA will maintain a subscription to the OWH and perform a scan at the beginning of each day
for published articles or other information that relate directly or indirectly to the OLS. The OWH
web site will be monitored. Similar services will be provided by OHKA for the Omaha Star,
Nuestro Mundo, and other local publications.
48
• OHKA will arrange for electronic copies and transcripts of all local broadcast media reports
relating to the OLS, including radio and TV. Such services can be provided through
arrangements with Universal Information Services, Inc., 1623 Farnam St,Suite 600, Omaha, NE
68102,or other service provider.
• OHKA shall prepare presentation materials if needed.
Copies of all documents collected or generated under this part will be provided to the City on a quarterly
basis.
10.2.3 Policy Work
Another important area of work for OHKA is assisting the City with creating and strengthening policies
that protect human health. The following table lists policy work activities OHKA will undertake. The
table also presents projected outputs and outcomes of those activities. Additional activities may be
developed as the program advances.
Table 2:Policy Work
Policy Work
Activity# Activity Output Outcome
1 OHKA, along with the Advertise Nebraska 811 Ensure soil is tested,
City,establishes a (the Digger's Hotline)to and possibly cleaned up,
response mechanism to call prior to starting any before digging begins
811 calls placed by digging project on a
residents or contractors property
working in the Final
Focus Area of the Nebraska 811 notifies
Omaha Lead Site the City along with other
agencies who conduct
locating services
17 Monitor and track data Analysis of publicly Data is used to help the
on lead hazards and available lead data City and OHKA
mitigation within the understand the impact
OLS of the OLS efforts and
other lead-hazard
mitigation efforts
Data will be used to
pursue other grants that
will reduce lead hazard
exposures
21 Create best practices Work with the City to Prevent future lead
around lead poisoning develop the model poisonings through a
prevention and soil model program
remediation OHKA staff attend 28
conferences and present Use Omaha's lessons
at seven learned to help other
areas
49
Provide technical
assistance as needed to
other Superfund sites
10.2.4 Creating,Amending,and Subtracting Activities
It is likely that the scope of work presented in this WP need to change over time. OHKA will consult with
the City before removing, creating,or amending any activates. This includes amending benchmarks or
timelines. The City will provide written approval of the change, if it believes change is warranted. OHKA
will not conduct unapproved activities under this agreement and WP.
10.2.4.1 Starting a New Activity
Prior to the start of any activity,OHKA will provide sufficient information about the activity to the City.
At a minimum,the City will receive a description of the activity, a budget, a timeline, and an estimation
of its impact.
OHKA will not begin work on any proposed activity until it has received clearance, in the form of an
email,from the City.
10.2.4.2 Concluding an Activity
At the conclusion of an activity,OHKA will provide the final actual or estimated (whichever is
appropriate)cost of the initiative,the measured outcomes(if possible), and an evaluation of the
outcomes compared to the predicted estimated impact.
10.2.5 Timeline and Deliverables
The following table lists timelines and deliverables for OHKA's activities under this WP.
Table 3:Timeline
DATE MILESTONE •
May 1, 2016 Project start
June 30, 2016 Data Management Plan submitted (see Section 10.2.5.1)
July 1, 2016 Video game developer hired
August 1, 2016 Outreach Workers hired
September 2, 2016 Communications plan in place
December 31, 2016 Gardening program and online tools developed
March 1, 2017 Training programs implemented/Social marketing campaign launched
June 1, 2017 Annual report complete
October 31, 2017 Open house for center grand re-opening
Jan 12018 Video game launched
50
•
June 1, 2018 Annual report complete
December 31, 2018 App launched/trainings refined
June 12019 Annual report complete
December 31, 2019 Policies in place
June 2,2020 Annual report complete
October 1, 2020 Summit on Lead and Healthy Homes
June 1,2021 Annual report complete
October 1, 2021 New website launched
June 1, 2022 Annual report complete
December 31,2022 Review of future needs to support institutional controls
June 1, 2023 Final report complete
10.2.5.1 WP(WP)and Data Management Plan (DMP)
OHKA will develop a WP which provides details on how each of the 21 activities discussed in Section
10.2 will be conducted. The WP must be approved by the City prior to reimbursement(see Section
10.2.6). The WP will be delivered no later than September 2016.
OHKA will develop a DMP which explains how data will be created or collected, maintained,and
transmitted to the City. The DMP will be delivered no later than June 2016.
10.2.6 Additional Requirements
OHKA will contribute to reports generated by the City which are in turn submitted to the US EPA.
• OHKA will submit monthly reports to the City.
o This can be changed to quarterly at the request of OHKA or the City and if it is agreed
upon by the other party.
• OHKA will provide a summary of all activities when payment is requested.
o The reports will be submitted to the City no later than the 15th of the month following
when the expenses were incurred.
o These reports should be accompanied by a payment request and all other paperwork
required by the City,as presented in the agreement between the City and OHKA.
• The City will provide direction to OHKA when other types of information are required.
Whenever possible,the City will provide a reasonable amount of time for fulfillment of a
request.
o Additional documentation may be spelled out in the agreement.
10.3 Coordination with Task 4
OHKA will work closely with the City to help identify opportunities to develop BMPs and ICs.
OHKS will promote the use of BMPs and provide education on ICs to target audiences.
51
Support the City of Omaha's efforts within the Omaha Lead Site
PROJECT OUTPUTS OUTCOMES STAFF
1. Connect local area residents to the a. Advertise Nebraska 811 1. Ensure that yards COO
necessary resources provided by the (the Digger's Hotline)to in Omaha are tested
City of Omaha call prior to starting any and remediated
digging project on a 2. Direct residents to
property the Omaha Lead
b. Field calls and Registry
questions as needed
2. Help the City to ensure public a. Work closely with the Increase the number Health
usage of the Omaha Lead Registry City of Omaha to of residents using Communication
coordinate outreach the Omaha Lead Specialist
efforts to hard-to-reach Registry
populations
b. Place 84 ads on sites
such as Zillow and Trulia
3. Create 8 PSAs to run on
TV and radio
3. Work with the City to develop a a. A comprehensive plan City and OHKA CEO
community relations plan for the is created that is used in create unified
OLS partnership by both the messages to educate
City and OHKA Omaha
Provide Community Outreach and Education within the Superfund site and beyond about the issues
of lead poisoning and the Omaha Lead Site
PROJECT OUTPUTS OUTCOMES STAFF
4. Deploy 2.outreach workers a. Rotate at 20 locations Provide education Director of Health
throughout the community on lead and Healthy Programs
b. Provide education to Homes, encourage Outreach
3500 individuals a year people to use the Workers
Omaha Lead
Registry, and to
track and report data
5. Create and implement a social a. Advertising through 50,000 people Health
marketing plan Facebook ads and Tweets reached Communication
b. Create innovative Specialist
_ messages
6. Partner with community-based a. Partner with 20 Ensure that patients Director of Health
health organizations including Urban League, have information Programs
Charles Drew Medical about lead and the
Center, and One World OLS
Community Health Center
7. Attend/host educational events a. Attend or host at least 6 5000 people reached Training and
educational events each Outreach
year Manager
8. Create marketing materials a. Ads for local Education about Outreach
newspapers and lead, the OLS, Workers
publications events and the Health
b. 7 Billboards/bench Omaha Lead Communication
_ ads/bus wraps Registry Specialist
9. Create educational materials a. Contract with a graphic Widespread COO
designer to help design education Health
marketing and outreach disseminated for all Communication
materials brochures and residents Specialist
flyers
b. Create 20,000 posters
for clinics and waiting
rooms
c. Produce 7 PSAs for TV
and radio
d. Create 7
marketing/educational
displays
10. Provide in-home education and a.1400 homes visited by 1. Reach over 3000 Director of
lead testing to residents of the OHKA staff residents within the Housing Services
OLS b. On-site lead education OLS Director of Health
c. Partner to ensure Programs
children are tested 2. Ensure children
are tested for lead in
Omaha
11. Create video games to education a. Two interactive video Provide education CEO
children about lead game apps created on lead to an even
broader audience in
an innovative way
12. Expand OHKA's outreach center a. Purchase equipment to Create a place where COO
to allow for trainings and create the training center residents can come
community events including a photocopier, 2 to learn and ask
smart boards, 2 projectors, questions about lead,
virtual reality technology, the OLS,the Omaha
tables chairs and desks, Lead Registry and
signage and a digital Healthy Homes
camera
13. Create on-line tools for education a. Self-assessment tool 1. Allow people to COO
tied to the Omaha Lead evaluate their own
Registry lead risks
b. Create/update websites 2. Provide state of
the art
information/educatio
n to the community
14. Connect with local businesses a. Provide outreach to Prevent Director of
landscaping companies, recontamination of Housing Services
concrete layers, and sewer soil in order to
separation contractors protect the
Superfund remedy
15. Translate materials in various a. Translate all Ensure all residents Training and
languages educational materials into in the OLS have Outreach
languages such as access to Manager
Spanish, Karen and Nuer information and
education
Support the City of Omaha to develop best practices in management of the Omaha Lead Site and to
help create a strong local infrastructure that protects the work conducted by the City and the EPA in
the Omaha Lead Site.
PROJECT OUTPUTS OUTCOMES STAFF
16. Create a yard assistance program a. Reach out to people 1. Protect yards that Training and
with community volunteer who have had high lead have been Outreach Manager
gardening, landscaping and a yard readings in their yards and remediated by the
trash clean-up program. provide technical EPA and/or the City Director of
assistance to the owners of of Omaha Housing Services
the properties. 2. Prevent future
b. Recruit and train 600 exposure to lead
volunteers to safely plant through landscaping
gardens in areas of yards and gardens
with lead contamination.
Supplies that will be
needed for gardening
projects include gloves,
gardening tools, and
plants. Yard clean-up
supplies include dumpster
rentals, shovels and waste
bags
1-7. Monitor and track data on lead b. General data on lead Data is assessed for Director of Health
within the OLS levels in homes and in future grant Programs
kids is tracked applications
1-8. Work with educational institutions a. Conduct 28 trainings 1. Educate the Training and
for 1000 people public on the OLS Outreach Manager
b. Work with and ways to prevent
Metropolitan Community soil
College's Real Estate recontamination
trainings,the College of 2. Educate the
St. Mary's Nursing public on impact of
program, and the lead on selling
University of Nebraska properties and on
Medical Center's College using the Omaha
of Public Health Lead Registry
c. Create trainings to 3. Generate CEUs
workers including for professionals
contractors, utility
workers and landscapers
19. Engage real estate professionals a. Engage at least 5 groups Incentivize real Director of
including the Nebraska estate professionals Housing Services
Real Estate Commission, to notify
Metropolitan Omaha prospective
Property Owners purchasers of the
Association and the lead work
Omaha Board of Realtors conducted-on the
property
20. Collaborate with local financial a. Work with 10 local Provide education COO
institutions banks and mortgage and explore the
lenders possibility of
adding soil
remediation
information to
property records
21. Create best practices around lead a. Work with the City to 1.Prevent future CEO
poisoning prevention and soil develop the model lead poisonings COO
remediation b. OHKA staff attend 28 through a model
conferences and present at program
7 2. Use Omaha's
c. Provide technical lessons learned to
assistance as needed to help other areas
other Superfund sites
OHKA's OLS Soil Protection and Outreach Plan Timeline
PROJECT DETAILS
DATE MILESTONE
August 1,2016 Project start
October 1,2016 Video game developer hired
October 1,2016 Communications plan in place
October 15,2016 First quarterly report due(reports will be submitted by the 15th each quarter)
February 1,2017 Gardening program and online tools developed
April 1,2017 Training programs implemented/Social marketing campaign launched
October 31,2017 Open house for center grand re-opening
Jan 1 2018 Video game launched
December 31,2018 App launched/trainings refined
December 31,2019 Policies in place
October 1,2020 Summit on Lead and Healthy Homes
October 1,2021 New website launched
May 31,2022 Review of future needs to support institutional controls
August 15,2022 Final report due
7 Year Budget Detail
Funds Requested:
Year1 Year2 Year Year4 Year Year6 Year Total
Personnel costs:
Chief Executive Officer(25%)
Salary $ 27,500.00 $ 28,325.00 $ 29,174.75 $ 30,049.99 $ 30,951.49 $ 31,880.04 $ 32,836.44 5 210,717.71
Fringe $ 8,250.00 $ 8,497.50 5 8,752.43 $ 9,015.00 $ 9,285.45 $ 9,564.01 $ 9,850.93 $ 63,215.31
Chief Operating Officer(50%)
Salary $ 42,000.00 5 43,260.00 $ 94,557.80 $ 45,894.53 $ 47,271.37 $ 48,689.51 5 50,150.20 $ 321,823.41
Fringe $ 12,600.00 5 12,978.00 $ 13,367.34 5 13,768.36 $ 14,181.41 $ 14,606.85 $ 15,045.06 $ 96,547.02
Director of Housing Services(80%)
Salary $ 44,000.00 $ 45,320.00 $ 46,679.60 $ 48,079.99 $ 49,522.39 $ 51,008.06 $ 52,538.30 $ 337,148.34
Fringe $ 13,200.00 $ 13,596.00 $ 14,003.88 $ 14,424.00 $ 14,856.72 $ 15,302.42 $ 15,761.49 $ 101,144.50
Training and Outreach Manager(100%)
Salary $ 52,000.00 $ 53,560.00 $ 55,166.80 $ 56,921.80 5 58,526.46 $ 60,282.25 $ 62,090.72 $ 398,448.03
Fringe $ 15,600.00 $ 16,068.00 $ 16,550.04 $ 17,046.54 $ 17,557.94 $ 18,084.68 5 18,627.22 $ 119,534.41
Health Communication Specialist(100%)
Salary 5 35,000.00 $ 36,050.00 5 37,131.50 $ 38,245.45 $ 39,392.81 $ 40,574.59 $ 41,791.83 $ 268,186.18
Fringe 5 10,500.00 $ 10,815.00 $ 11,139.45 $ 11,473.63 $ 11,817.84 $ 12,172.38 $ 12,537.55 $ 80,455.85
Director of Heath Programs(55%)
Salary $ 33,000.00 $ 33,990.00 $ 35,009.70 $ 36,059.99 $ 37,141.79 5 38,256.04 $ 39,403.73 $ 252,861.25
Fringe $ 9,900.00 $ 10,197.00 $ 10,502.91 5 10,818.00 5 11,142.54 $ 11,476.81 $ 11,821.12 $ 75,858.38
Outreach Worker(2)(100%)
Salary $ 60,000.00 $ 61,800.00 S 63,654.00 $ 65,563.62 $ 67,530.53 $ 69,556.44 $ 71,643.14 $ 459,747.73
Fringe $ 18,000.00 $ 18,540.00 $ 19,096.20 $ 19,669.09 $ 20,259.16 S 20,866.93 5 21,492.94 $ 137,924.32
Subtotal Personnel and Fringe $ 381,550.00 5 392,996.50 $ 404,786.40 $ 416,929.99 5 429,437.89 S 442,321.02 $ 455,590.65 $ 2,923,612.45
Tavel
Mileage $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 70,000.00
Conferences $ 7,500.00 S 7,500.00 5 7,500.00 5 7,500.00 $ 7,500.00 5 7,500.00 $ 7,500.00 $ 52,500.00
Subtotal Travel 5 17,500.00 $ 17,500.00 $ 17,500.00 5 17,500.00 5 17,500.00 5 17,500.00 5 17,500.00 $ 122,500.00
Equipment
Computers 5 5,000.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 5 2,000.00 5 2,000.00 $ 5,000.00 5 23,000.00
Cell Phones/IPADS $ 5,000.00 5 2,000.00 $ 2,000.00 5 5,000.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 23,000.00
Office equipment 5 10,000.00 $ 5,000.00 5 5,000.00 $ 10,000.00 $ 5,000.00 $ 5,000.00 $ 10,000.00 5 50,000.00
Subtotal Equipment 5 20,000.00 $ 9,000.00 5 9,000.00 $ 20,000.00 $ 9,000.00 $ 9,000.00 $ 20,000.00 $ as,000.00
Supplies
Print Materials $ 25,000.03 $ 25,000.00 $ 25,000.00 $ 25,000.00 5 25,000.00 5 25,000.00 $ 25,000.00 $ 175,000.00
Ads/8111boards/P5As $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,0130.00 5 175,000.00
Online Taols/Apps 5 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 S 30,000.00 $ 30,000.00 5 210,000.00
Health Falr/Event Needs 5 15,000.00 $ 15,000.00 5 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 5 105,000.00
Gardening Supplies 5 10,000.00 5 10,000.00 $ 10,000.00 5 10,000.00 $ 10,000.00 5 10,000.00 5 10,000.00 5 70,000.00
Yard Clean-up Supplies $ 5,000.00 $ 5,000.00 $ 5,000.00 5 5,000.00 $ 5,000.00 $ 5,000.00 5 5,000.00 $ 35,000.00
Training Supplies $ 5,000.00 5 5,000.00 $ 5,003.00 $ 5,003.00 5 5,000.00 5 5,000.00 5 5,000.00 5 35,000.00
Office Supplies $ 2,000.00 $ 2,000.03 5 2,000.00 $ 2,000.00 $ 2,000.00 5 2,000.00 $ 2,000.00 5 14,000.00
Postage $ 3,000.00 $ 3,000.00 5 3,000.00 5 3,000.00 $ 3,000.00 5 3,000.00 5 3,000.00 5 21,000.00
Subtotal Supplies $ 120,000.00 $ 120,000.00 $ 120,000.00 5 120,000.00 $ 120,000.00 5 120,000.00 $ 120,000.00 $ 840,000.00
Contractual
Interpreters 5 8,000.00 5 8,000.00 5 8,000.00 5 8,000.00 $ 8,000.00 5 8,000.00 5 8,000.00 5 56,000.00
Graphic Designer $ 20,000.00 5 20,000.00 $ 20,000.00 5 20,000.00 $ 20,000.00 5 20,000.00 5 20,000.00 5 140,000.00
Websltes 5 50,000.00 5 30,000.00 5 30,000.00 5 50,000.00 $ 30,000.00 5 30,000.00 $ 30,000.00 $ 250,000.00
Video Games 5 150,000.00 S 150,000.00 $ 300,000.00
Phone and WAD plans $ 3,000.00 5 3,000.00 5 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 5 21,030.00
Software/IT Support $ 8,0013.00 5 8,000.00 $ 6,000.00 $ 8,000.00 $ 8,000.00 5 8,000.00 5 8,000.00 $ 56,000.00
Center Rental and Insurance $ 30,000.00 $ 30,000.00 5 30,000.00 $ 30,0130.00 $ 30,000.00 5 30,000.00 $ 30,00 1.00 $ 210,030.00
Center Set Up and Maintenance $ 20,000.00 $ 20,000.00 5 20,000.00 5 20,000.00 $ 20,000.00 $ 20,000.00 5 20,003.00 $ 140,000.00
Trainer Fees and Certifications for Staff 5 5,000.00 5 5,000.00 5 5,000.00 5 5,000.00 $ 5,000.00 S 5,000.00 $ 5,000.00 5 35,000.00
•
Subtotal Contractual 5 294,000.00 5 124,000.00 5 124,000.00 5 144,000.00 5 124,000.00 5 274,000.00 5 124,000.00 $ 1,208,000.00
Other
Training Subaward $ 25,000.00 5 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 175,000.00
Utilities $ 4,000.00 $ 4,000.00 5 4,000.00 $ 4,000.00 .$ 4,000.00 5 4,000.00 $ 4,000.00 5 28,000.00
Copy Machine $ 2,000.00 $ 2,000.00 5 2,000.00 5 2,000.00 5 2,000.00 $ 2,000.00 5 2,000.00 5 14,000.00
Subtotal Other $ 31,000.00 $ 31,000.00 $ 31,000.00 $ 31,000.00 5 31,000.00 5 31,000.00 $ 31,000.00 $ 217,000.00
Total Direct Costs $ 864,050.00 $ 694,496.50 5 706,286.40 $ 749,429.99 $ 730,937.89 $ 893,821.02 $ 763,030.65 $ 5,407,112.45
TOTAL COSTS $ 864,050.00 $ 694,496.50 5 706,286.40 $ 749,429.99 $ 730,937.89 $ 893,821.02 $ 768,090.65 $ 5,407,111.4S
4.4.4744
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City of Omaha,Nebraska
Civil Rights.Acknowledgement Form
Subgrantee Information /�
Subgrantee Agency: OrnAINA KF,- hY ✓.(9S Nut Plat&
Grant Awarding Agency: El.S, ,,,v 0 J,3;,1>c„c14k. en,ra,c l lth. :" .ot,ic t
Grant Type: co,T6An`,,( f E t r 1
Grant Award Number: v—111 11201
Award Period: (WI f f d o 1 \ — S/S I /3 od d
After your agency has reviewed the civil rights presentation,please have the Program Coordinator
(listed under Section XVII.Authorized Representative of the Grant Agreement)complete and sign
below and return via email or mail to the Grant Administrator:
Gail Braun
Grant Administrator
1819 Farnam Street, Suite 300
Omaha,NE 68183-0300
gbraun@a,cityofomaha.org
(402)444-5286
I acknowledge that I have viewed the City of Omaha presentation on Civil Rights. I accept responsibility
for insuring that project staff understand their responsibilities as outlined in the presentation.I understand
that if I have any questions about the material presented and my responsibilities as a Grantee that I will
contact the City of Omaha Grant Administrator.
Subgrantec Program Coordinator
Signature ,f,„- Viva,
, ,f v
Printed Name / s/R 664411fio
Date
12/01/2015 City of Omaha,Nebraska Page 1 of 1
Civil Rights Acknowledgement Form
oµ►aaZ
Ji
O pRe*
City of Omaha
Federal Funding Accountability and Transparency Act(FFATA)Reporting Form
Legal Name O a Ea /5 J ..S
Physical Address cao 6 07de/70ao, (4
Mailing Address SD 0 G (1 1e/'Wo2d01
City 0 a 1j Gt I State, I NE' Zipcode I ,61/3
Congressional District Ar
Business/Agency Data Universal Numbering System(DUNS)Number 1 1 S91 4
Business/Agency Annual Gross Revenue from Prior Fiscal Year Exceed 80%or YesEj
No
More in Federal Funds
Business/Agency Annual Gross Revenue from Prior Fiscal Year Equal or Exceed Yes El No
$25 million in Federal Funds
If'NO'was selected for either of the above boxes,DO NOT COMPLETE THE FOLLOWING:
Business/Agency's Five(5)Highest Compensated Officers
Only complete if'YES' was selected for both annual gross revenue boxes.
Name Compensation
Comments:
Signature of Authorized Official Date I l 106,
Typed/Printed Name
Typed/Printed Title /j%C Exe aseg/-7
Typed/Printed Email do Qma e O
11/30/15 City of Omaha,Nebraska Page 1 of 1
Federal Financial Act Transparency Form
Federal Sub-award Reporting System(FSRS)
9 Digit DUNS Number: 7 / s q
•
Organization Name: r✓/174�G ea/�� /v'-5 //1. Ce
Address: 5Qt'' Ole G✓Oa MU6i
&tea 4t .t 6gf32_223
(nr 447te Zlp Code+4
Question 1:During your organizations preceding completed fiscal year,did the legal entity to which the DUNS number
belongs receive(1)80 percent or more of its annual gross revenues in U.S.federal contracts,subcontracts, loans,grants,
subgrants,and/or cooperative agreements;and(2)$25,000,000 or more in annual gross revenues from U.S.federal
contracts,subcontracts,loans,grants,subgrants,and/or cooperative agreements?
Q YES ik NO
If YES please answer Question 2
Question 2:Does the public have access to information about the compensation of the executives in your organization
(the legal entity to which.the DUNS number provided belongs)through periodic reports filed under section 13(a)or
15(d)of the Securities Exchange Act of 1934(15 U.S.C.78m(a),78o(d)or section 6104 of the Internal Revenue Code of
1986?
43) NO
If NO please answer Question 3
Question 3:What are the Names and Total Compensation for the top 5 employees in your organization?
Name Compensation
1 $
2
3 $
4 $
5
Signature of Authorized Official Odte
Ail,
.pts
4N
♦j
AUDIT CERTIFICATION
Grantee Name: D�iahGt �e /fhb/ /����s / //1 C�
Grantee Address: g(l96 11/7a E/'W 4 ( /4l/'
Contact Name and Title: /1i Gc/''Gt ctS1''/tl an , ,E D Phone#: 4"2— 3�9 7'O
Grant#(s): Tax ID#: l Fiscal Period End Date:
!h4 rrt}l J� V`r'ed so a y�ii i, at �i iaesds lr Y _ s� a� r` a o3ors , tic d1:� i coo-• :xvvt �o+ — (9i D o`i6;I o f
' '"e ac d rui n- le .:1' ai'Sah ui r-S� S7'''' ar'?� Joe -)— 1 ,7111 i aK11,oe �el�ak s i�uS sti a ..3 ,o t� l rC c, a o a(slu .� nC
h
��v-� �i,i i �� s 7 t �d �� � e r :is,Li 6��T� a�r�{i '��iAPu�ra,��.�,F �(0 1 1_ci � i ,r` .tlti t l0 1:� _r of h � ni
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''' E a :r,s osaas _ ( rt ;F iu ;,L,, si {y I0-1:1 cs� i 'n 1 t - a u f
77.'a,�e� � �j r -a rl'sa�� ii aT1 pia a 3 �ii r in i o} o i�t?eGir � . � L a tt s Oil i st�
��'-" t� �i ot� a u �a a al^I i a��a r irc �. r es �u imp h�i �� _�� � �. J. I s•usa�Lsa i �.4 I t�s t i�
��'' �F it - � _ iio t� �i�1�[ 1 Z rr+: io `...,d] °a € a ,
IF oe r s� 4 ao�n7r + ,z` n Sri oa i U e so vb r.ou sr,.i 7 i_ .tas..tfeG ,- `ht t s �'1
a w�u , C Y �` :1, ,:1 7�'r s s =r .i i} i n - ��1°7 - ii1 �1 1&_ Io-. ,r Eve , r �� u�eP a�i Ala) r of y o-
iir'Cht9�i02_= ,� .rar-� _«'ILO'� a�c _=t uaA �� J�k r�°x:t,.-A _5 _ '
Please complete the appropriate section below and submit the completed and signed form and required documentation
within 60 days after the end of your fiscal year to:
Grant Administrator,City of Omaha Office of the 68183-Mayor
1819 Farnam Street,Suite 300,Omaha,Nebraska 030S
Section A: Qganization subject to the requirements of OMB Circular A-133
Please check one of the following and provide all appropriate documents:
❑ I hereby certify that for the fiscal year ended (date):
1. The auditor's report on financial data states that the audited information is fairly stated in all material respects;and
2. The administration of our federal projects has been audited in accordance with OMB Circular A-133 and there were
no material instances of noncompliance with federal laws and regulations or reportable conditions;and
3. There were no findings of noncompliance in the audit report that are specifically related to the subrecipient
award(s); and
4. Management has addressed the resolution of previous-year findings from prior audit reports if related to the
subrecipient award(s).
Auditor's report filed on (date).Enclosed is a copy of the audit report.
El We have completed our OMB Circular A-133 audit for the fiscal year ended (date),and material
noncompliance issues and/or reportable conditions were noted. Enclosed is a copy of the audit report and our
response.
❑ We have not completed our OMB Circular A-133 audit for the fiscal year ended (date).
We expect the audit to be completed by (date). Within thirty(30)days of completion of the A-133 audit we will
provide a new Audit Certification along with the audit report and response(if applicable).
10/01/15 City of Omaha,Nebraska Page 1 of 2
Policies&Procedures Supporting Documentation—Audit Certification
Section B:Organization subject to the requirements of Uniform Guidance: Title 2 C.F.R. 200 Subpart F
Please check one of the following and provide all appropriate documents:
0 I hereby certify that for the fiscal year ended (date):
1.The auditor's report on financial data states that the audited information is fairly stated in all material respects;and
2.The administration of our federal projects has been audited in accordance with the Uniform Guidance:Title 2 C.F.R
200 Subpart F and there were no material instances of noncompliance with federal laws and regulations or
reportable conditions; and
3.There were no findings of noncompliance in the audit report that are specifically related to the subrecipient
award(s);and
4.Management has addressed the resolution of previous-year findings from prior audit reports if related to the
subrecipient award(s).
Auditor's report filed on (date).Enclosed is a copy of the audit report.
❑ We have completed our A-133 audit for the fiscal year ended (date),and material noncompliance issues and/or
reportable conditions were noted.Enclosed is a copy of the audit report and our response.
❑ We have not completed our A-133 audit for the fiscal year ended (date).
We expect the audit to be completed by (date).Within thirty(30)days of completion of the A-133 audit we will
provide a new Audit Certification along with the audit report and response(if applicable).
Section C: Orzanization NOT subject to the requirements of OMB Circular A-133 or Title 2 C.F.R.200 Subpart F
Our organization is not subject to the requirements of OMB Circular A-133 or Title 2 C.F.R. Subpart F because we
(please check one of the following):
❑ Did not expend above the minimum threshold in federal funds during the fiscal year(complete federal funds
expenditure chart below).
❑ Are a for-profit organization.
0 Are exempt for other reasons(explain):
Federal Grantor Pass-through Grantor Program Name CFDA Number Expenditures
Total Federal Expenditures for this Fiscal Year
Failure to submit this or a similar statement,or failure to submit a completed single audit package as required by the
required due date may result in suspension of fundinj and may affect eligibility for future fundinn .
Authorized Signature Printed Name Title
10/01/15 City of'Omaha,Nebraska Page 2 of 2
Policies&Procedures Supporting Documentation—Audit Certification
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha has applied for and received funds from the
United States Environmental Protection Agency, Cooperative Agreement Number V-97748601;
and,
WHEREAS, the City has agreed to administer the Omaha Lead Site Testing and
Remediation, V-97748601 (hereinafter referred to as "Grant Award"); and,
WHEREAS, the City will issue a subaward to Omaha Healthy Kids Alliance
(OHKA), 5006 Underwood Avenue, Omaha, Nebraska, 68132; and,
WHEREAS, OHKA agrees to provide outreach and community relations support
to the City of Omaha for the Omaha Lead Site (OLS) testing and clean-up efforts, including
supporting the Omaha Lead Registry which is an institutional control for the Omaha Lead Site;
and,
WHEREAS, OHKA has indicated the total estimated Project cost to be
$5,407,112.00; and,
WHEREAS, it is in the best interest of the City of Omaha to enter into an
agreement with OHKA to provide outreach and community relations support; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the attached Agreement between the City
of Omaha and Omaha Healthy Kids Alliance, a Nebraska Non-profit Corporation, 5006
Underwood Avenue, Omaha, Nebraska 68132, in the amount of $5,407,112.00 to provide
outreach and community relations support for Omaha Lead Site testing and clean-up efforts,
including supporting the Omaha Lead Registry effective from date of execution to May 31, 2022
is hereby approved. Funds shall be paid from the EPA Cooperative Agreement, Number V-
97748601, Fund No. 12136, Organization No. 128104.
2406 dlh APPROVED AS TO FORM:
28,'6
4-1.11 CI Y ATTORNEY DATE
By
Councilmember
Adopted VUL 2 6 2016
"74.2
71 City Cle 7./P-Cr/01452/‘
A ro
pP
Mayor
NO. ...... 3 pf`
Resolution by
Res. that. as recommended by the Mayor,
the attached Agreement between the City of
Omaha and Omaha Healthy Kids Alliance, a
Nebraska Non-profit Corporation. 5006
Underwood Avenue, Omaha, Nebraska
68132. in the amount of $5,407,112.00 to
provide outreach and community relations
support for Omaha Lead Site testing and
clean-up efforts, including supporting the
Omaha Lead Registry effective from date of
execution to May 31. 2022 is hereby
approved. Funds shall be paid from the
EPA Cooperative Agreement, Number V-
97748601. Fund No. 12136. Organization
No. 128104.
2406 dlh
Presented to City Council
JUL 262016 c \ .L„.... :.
gaoler ei^ocv1t
City Clerk