Construction Grant-NDEDr
D ave Heineman
Governor
November 5, 2014
James Realph, Mayor
City of Blair
218S. 16 Street
- 117-1 aii'll IId�I:
301 Centennial Mall South
RO, $ox 94666
Lincoln, Nebraska 68509 -4666 USA
Phone(402)471- 3111
Toll Free (800) 426 -6505
Fax ('402)471 -3778
Statewide Relay (800) 833 -0920 (voice)
www.neded.org
RE: Civic and Community Center Financing Fund ( CCCFF) Contract # 14 -03 -183 / City of Blair
Transmittal of Contract — proiect name
Dear Mayor Realph:
As a follow -up to the Notice of Approval letter, enclosed are original copies of the administrative contract for
your CCCFF award. Please take time to review the conditions of the contract.
Please give careful review to the contract section 4.01 regarding the disbursement of grant funds. Upon full
execution of the contract, 50% of the grant award will be released to the City. Upon expenditure of these grant
funds along with expenditure of at least $375,000 in local matching funds, the remaining 50% of the grant
funds will be disbursed to the City.
If you agree to the terms and conditions please sign, date, and return both contract originals to the Department
within 30 days from the date of this letter. The Department will then sign both originals and return one to you
for your files.
If you have questions concerning the contract please contact me at (402) 471 -6280 or (800) 426 -6505, or by
email at jenny.bindrum @nebraska.gov.
Individuals who are hearing and /or speech impaired and have a TTY, may contact the Department through the
Statewide Relay System by calling (711) INSTATE (800) 833 -7352 (TTY) or (800) 833 -0920 (voice). The relay
operator should be asked to call DED at (800) 426 -6505 or (402) 471 -3111. Additional information is at the
Nebraska Relay website http:/Iwww.nebraskarelay.com/. Nebraska Relay offers Spanish relay service for our
Spanish- speaking customers. Spanish -to- Spanish (711) or 1- 888 - 272 -5528/ Spanish -to- English (711) or 1-
877- 564 -3503. Nebraska le ofrece el servicio de relevo a nuestros clientes en Espanol. Los consumidores de
TTY pueden escribir por maquina en Espanol y las conversaciones seran retransmitidas en Espanol y Ingles.
Si
Jenny
nity Development Consultant
Enclosures
CC (email attachment): Phil Green, Assistant City Administrator
@-->DED : file(s)
NEBRASKA DEPARTMENT OF ECONOMIC DEVELOPMENT
Dacia Kruse, Acting Director
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This contract is entered into between the State of Nebraska Department of Economic
Development ( "Department "), and the City of Blair, Nebraska ( "Recipient"), upon the
date of signature by both parties.
RECITALS:
A. Pursuant to the Nebraska Civic and Community Center Financing Act, §13 -2701 et
seq., Nebraska Revised Statutes, (the "Act "), the Department is directed to administer
awards of funds available pursuant to the Act and on deposit in the Civic and Community
Center Financing Fund (the "Fund "; and money therein "Act Funds "). The requirements of
the Act are incorporated herein by this reference.
B. The Recipient has submitted an initial application and supplementary applications
materials (collectively the "Application ") to the Department, which Application is
incorporated herein by this reference, setting forth a project eligible for assistance under
the Act (the "Project "), generally referred to as the Blair Library and Technology Center.
C. The Project was "conditionally approved" (a term established in the Act) by the
Department, and Act Funds for the Project were subsequently appropriated by the
Nebraska Legislature (the procedure established in the Act), and thus the grant of
assistance to the Recipient for the Project has been "finally approved" (a term
established in the Act). This grant agreement is intended to govern the Department's
administration of Act Funds disbursed to the Recipient for the Project.
AGREEMENT:
Premised on the Recitals above, and in consideration of the mutual promises and
understandings of the parties set forth below, the parties agree as follows:
■ • 1 •
§1.01 Amount, Use, and Payment of Act Funds.
The Department will disburse Act Funds to the Recipient for the Project in a total
amount not to exceed $375,000; or fifty percent (50 %) of the cost of construction,
renovation, or expansion of the Project; whichever is less.
The matching funds from local sources (as required by the Act) must be injected into the.
Project within the period defined by the effective dates as specified in §1.03 below.
CCCFF 14 -03 -183 — Page 1 of 7
The Department will disburse fifty percent (50 %) of the award ($187,500 of the $375,000)
of Act Funds for the Project to the Recipient (without further request by the Recipient)
reasonably contemporaneously after the Department receives from the Recipient a
properly executed counterpart of this contract instrument. The remaining fifty percent
(50 %) of the award of Act Funds will be disbursed as provided in §4.01 of this contract.
§1.02 Use of Act Funds.
The Act Funds will be used solely for the purpose(s) set forth in the Application; and as
allowed and as restricted; by the Act and this agreement. Some specific requirements
which are applicable to Recipient's Project include, but are not limited to, the following:
(a) Act Funds may be used for the construction, renovation, or expansion of the
Project facility, but Act Funds may not be used for planning, programming,
marketing, advertising, and related activities.
(b) The Project is required to be physically located within the Recipient's
municipal boundaries.
(c) The Recipient must own, and operate, the Project facility. It is permissible for
the Recipient to operate the Project facility through the use of agents, public
or private.
§1.03 Effective Dates.
The effective dates of this contract are from May 7, 2014 to May 7, 2016, with contract
funding associated with the appropriated Act Funds for the fiscal biennium from July 1,
2012, through June 30, 2014.
§1.04 Incorporation of RECITALS Paragraphs as Agreed Terms of Contract
All provisions of paragraphs A, B, and C of the RECITALS above are incorporated as
agreed provisions of the contract.
PART II: [RESERVED].
PART III: [RESERVED].
PART IV: OTHER CONTRACTUAL CONDITIONS.
§4.01 Disbursements of Act Funds by the Department to the Recipient; 50%
Reserve /Escrow Until Project Completed.
Disbursements of the Act Funds will be made to the Recipient in the form and manner
prescribed by the Department and as specified in §1.01 above, if such disbursements
are determined by the Department to be in conformance with the requirements of the
Act.
CCCFF 14 -03 -183 — Page 2 of 7
The Recipient will be required to provide, if and as requested by the Department,
documentation substantiating the expenditure of Project costs, and substantiating the
providing of appropriate local match for the Act Funds disbursement requested.
No more than fifty percent (50 %) of the Act Funds specified in §1.01 above will be
disbursed to the Recipient prior to the Department's receiving, from the Recipient, a
certification of the commitment and expenditure of the required minimum match, or an
amount of local sources equaling the total grant award. Upon the Department's
determination that Project costs have been properly documented by the Recipient, with
the minimum level of matching funds committed, the remainder of the Act Funds (at that
point still being held by the Department in reserve /escrow and in most cases being fifty
percent (50 %) of the Act Funds awarded) will be disbursed to the Recipient.
§4.02 Accounting For Act Funds by the Recipient; Record Keeping
The Recipient will account for Act Funds in a manner consistent with generally accepted
accounting principles. All expenditures of the Act Funds by the Recipient will be for
obligations incurred associated with the Project, and will be supported by
documentation evidencing the necessity for such expenditures. The Recipient will keep
such records as the Department may require for compliance with the Act.
The Department and other duly authorized officials of the State of Nebraska will have
full access to; and the right to examine, audit, excerpt, or transcribe, any of the
Recipient's records pertaining to this contract. The records will be retained for at least
three years after expiration of this agreement.
§4.03 Performance Reviews
The Department may conduct performance review monitoring visitations for ascertaining
compliance with this contract.
§4.04 Designation of Officials to Execute Contract and Amendments.
The Director of the Department or their designee is the official authorized to execute this
contract and any amendments to this contract, on behalf of the Department.
The Chief Elected Official of the Recipient is the official authorized to execute this
contract and any amendments to this contract, on behalf of the Recipient.
The Recipient or the Department may request amendments to this contract.
Amendments will not be effective until mutually agreed to in writing by both parties.
CCCFF 14 -03 -183 — Page 3 of 7
§4.05 Waivers in Writing; and Assignment of Interest.
No conditions or provisions of this contract can be waived unless approved by the
Department in writing. The Recipient will not assign or transfer any interest in this
contract to any other party without the written consent of the Department.
§4.06 Severability.
If any provision of this contract, or its application to any person or circumstances, is held
invalid by any court of competent jurisdiction, the invalidity will not affect other
provisions of this contract.
§4.07 Termination by Mutual Agreement.
This contract may be terminated in whole or in part, prior to the completion of contract
project activities, when both parties agree that continuation is not feasible or would not
produce beneficial results commensurate with the further expenditure of funds. The
parties must agree on the termination conditions, including effective date and the
portion to be terminated.
The Recipient will not incur new obligations for the terminated portion after the effective
date, and will cancel as many outstanding obligations as possible. The Department will
make funds available to the Recipient to pay for allowable expenses incurred before the
effective date of termination.
§4.08 Termination for Cause.
In the event:
(a) the terms of this contract have not been, nor are anticipated to be, fulfilled;
(b) the Department determines the Application contained material omissions, errors,
or misrepresentations; or,
(c) the Department determines Act Funds have been used for purposes other than
contracted Project purposes, or in any other manner contrary to the requirements
of the Act; then,
the Department may revoke the grant and terminate this contract, or seek repayment of
Act Funds paid to the Recipient, or both. Payments made to the Recipient or recoveries
by the Department will be in accord with the legal rights of the parties.
§4.09 Termination Due to Loss of Act Funds.
This contract will terminate in full or in part, in the event the Department suffers a loss of
funding of Act Funds which permit it to fund the Recipient. In such an event, the
Department will provide the Recipient written notice setting forth the effective date of full
or partial termination.
CCCFF 14 -03 -183 — Page 4 of 7
§4.10 State of Nebraska Non-Liability/Hold Harmless.
The Recipient will hold the State of Nebraska and the Department harmless from any
and all claims, demands, and actions based upon or arising out of any services
performed by the Recipient itself, or by their officials, officers, employees, agents, or
associates under this contract.
§4.11 Relationship of the Parties.
Nothing in this contract should be construed in any manner as creating or establishing the
relationship of partners between the parties, nor shall either party have the right, power or
authority to create any obligations or duty, express or implied, on behalf of the other party.
Any and all claims; on behalf of any person arising out of employment or alleged
employment (including, but not limited to, claims of discrimination); against the Recipient,
its officers, or its agents; will in no way be the responsibility of the Department. Recipient
will hold the Department harmless from any and all such claims.
§4.12 Entire Agreement, Binding Effect, and Counterparts.
This instrument, along with any attachments, the Application, and those items
incorporated by reference, contain the entire agreement between the parties. Any
statements, inducements, or promises not contained therein will not be binding upon the
parties.
This agreement will be binding upon, and will inure to the benefit of, the successors,
assigns, and legal representatives of the parties.
This agreement, or any amendment of this agreement, may be signed in any number of
counterparts, each of which will be an original, but all of which taken together will
constitute one agreement (or amendment, as the case may be).
This agreement shall be governed by; construed according to the laws and regulations
of; and subject to the jurisdiction of; the State of Nebraska.
§4.14 Americans With Disabilities Act (ADA).
The Recipient agrees to comply with all provisions of the Americans With Disabilities Act
(ADA) with respect to hiring, training, and employment practices, including reasonable
accommodation of persons with disabilities in hiring, training, and employment practices;
and in assuring access by persons with disabilities to facilities and services provided by
the Recipient to the general public.
CCCFF 14 -03 -183 — Page 5 of 7
S-4.15 Civil Rights Law and Equal Opportunity Employment.
The Recipient agrees to comply with all applicable local, state and federal statutes and
regulations regarding civil rights law and equal opportunity employment. The Recipient
shall not discriminate against any employee or applicant for employment with respect to
the employee or applicant's hire, tenure, terms, conditions or privileges of employment,
because of his or her race, color, religion, sex, disability, or national origin.
§4.16 Drug Free Workplace Policy.
The Recipient acknowledges the State of Nebraska requires a Drug Free Workplace
Policy on the part of the Recipient as a term and condition of contracting with the
Department.
§4.17 Verification of Work Eligibility Status for New Employees.
The Recipient 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. In this context, new employees means
employees hired on or after the effective date of this contract. 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.
This contractual obligation to verify work eligibility status for new employees physically
performing services within the State of Nebraska also applies to any and all
subcontractors utilized by the Recipient in performing this contract. The Recipient will
be responsible to the Department for enforcing this requirement with Recipient's
subcontractors.
A failure by the Recipient to adhere to these requirements is violative of the statutory
requirements in Neb. Rev. Stat. §4 -114 and as such will be deemed a substantial
breach of this contract which could result in the Department declaring Recipient to be in
default on the contract.
CCCFF 14 -03 -183 - Page 6 of 7
The parties acknowledge they have read and understand this contract and agree to its
provisions, and that it will be effective on the date when both parties have signed.
• e � •-
By:
(Director or Designee)
(Typed or Printed Name /Title)
(Date)
RECIPIENT --> City of Blair, Nebraska
y'1�2oo(n
(Federal Identification Number)
CCCFF 14 -03 -183 — Page 7 of 7
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXC AND CO NDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR - --
LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM D/YYYY MM DDNYYY LIMITS
B
GENERAL
x
LIABILITY
COMMERCIAL GENERAL LIABILITY
ONT
NAME:
PHONE - — -
A/c No 1 3 61 aAC No
91UUNNG3103
12/31/2014
2/31/2015
EACH OCCURRENCE
$1,000,000
DAMAGE TO RENTED
-
INSURER C:Hartford Insurance Gr
INSURERD:Hartford Fire Insurance Co
19682
Omaha NE 68154
INSURER E :
PREMISES Ea occurrence
$
MED EXP ( one perso
$ 10,00 0
CLAIMS -MADE I I OCCUR
PERSONAL& ADV INJ
$1, 000,000
-
GENERAL AGGREGATE
_
$2,000,00
_
GEN'L AGGREGATE LIMIT APPLIES PER:
RO - POLICY X PCT X LOC
PRODUCTS - COMP /OP AGG
$2,000,000
$
B
AUTOMOBILE
X
x
LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
HIRED AUTOS X NON -OWNED
AUTOS
91UUNNG3103
12/31/2014
2/31/2015
COMBINED SINGLE L
Ea accident
1,000 000
BODILYINJURY(Perperson)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
Per accident
$
$
C
X
UMBRELLA LIAR
EXCESS LIA.
X
OCCUR
CLAIMS -MADE
91XHUAP1679
12/31/2014
2/31/2015
EACH OCCURRENCE
$5,000,000
AGGREGATE
$5,000,000
D
DED RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR /PARTNER /EXECUTIVE N
OFFICER /MEMBER EXCLUDED? [
andatory in NH)
If yes, describe under
N/A
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12/31/2014
2/31/2015
X / C STATU- OTH-
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$
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DESCRIPTION OF OPERATIONS below
12/31/2014
2/31/2015
_
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_ _
Engineers
al Liability
7de Basis
EH288365469
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$2,000,000 Ea.Claim
$2,000,000
$125,000 Ded. Ea A ggr e g at e
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
(F:PTIGICATC Uni nom
City of Blair
Attn: Al Schoemaker Director of Public Works
218 South 16 Street
Blair NE 68008
CERTIFICATE OF LIABILITY INURN DATE(MM /DD/YYYY)
12/5/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
The Harry A. Koch Co.
P.O. Box 45279
Omaha NE 68145 -0279
ONT
NAME:
PHONE - — -
A/c No 1 3 61 aAC No
ADORISS:
INSURERS AFFORDING CO VERAGE
N #
_
INSURER A: tin tai C asualty Co.
INSURERB:Hartford Casualty Ins Co
044
9424
INSURED
The Schemmer Associates, Inc.
1044 North 115th Street
INSURER C:Hartford Insurance Gr
INSURERD:Hartford Fire Insurance Co
19682
Omaha NE 68154
INSURER E :
INSURER F :
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
@ i988 -2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
CITY O ' 9 NEBR
Phone 4 02 - 426 -4191
RE = 4 + L El
ADDRESS
CITY, STATE, ZIP CODE `
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No 38218
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Pounds Printing, Blair, NE 68008
The Recipient will be required to provide, if and as requested by the Department,
documentation substantiating the expenditure of Project costs, and substantiating the
providing of appropriate local match for the Act Funds disbursement requested.
No more than fifty percent (50 %) of the Act Funds specified in §1.01 above will be
disbursed to the Recipient prior to the Department's receiving, from the Recipient, a
certification of the commitment and expenditure of the required minimum match, or an
amount of local sources equaling the total grant award. Upon the Department's
determination that Project costs have been properly documented by the Recipient, with
the minimum level of matching funds committed, the remainder of the Act Funds (at that
point still being held by the Department in reserve /escrow and in most cases being fifty
percent (50 %) of the Act Funds awarded) will be disbursed to the Recipient.
§4.02 Accounting For Act Funds by the Recipient; Record Keeping
The Recipient will account for Act Funds in a manner consistent with generally accepted
accounting principles. All expenditures of the Act Funds by the Recipient will be for
obligations incurred associated with the Project, and will be supported by
documentation evidencing the necessity for such expenditures. The Recipient will keep
such records as the Department may require for compliance with the Act.
The Department and other duly authorized officials of the State of Nebraska will have
full access to; and the right to examine, audit, excerpt, or transcribe, any of the
Recipient's records pertaining to this contract. The records will be retained for at least
three years after expiration of this agreement.
§4.03 Performance Reviews
The Department may conduct performance review monitoring visitations for ascertaining
compliance with this contract.
§4.04 Designation of Officials to Execute Contract and Amendments.
The Director of the Department or their designee is the official authorized to execute this
contract and any amendments to this contract, on behalf of the Department.
The Chief Elected Official of the Recipient is the official authorized to execute this
contract and any amendments to this contract, on behalf of the Recipient.
The Recipient or the Department may request amendments to this contract.
Amendments will not be effective until mutually agreed to in writing by both parties.
CCCFF 14 -03 -183 — Page 3 of 7