2008 APPLICATION FOR NDO DESIGNATION

Nebraska Department of Economic Development (DED)

PART I. GENERAL INFORMATION

TYPE OR PRINT ALL INFORMATION
1. APPLICANT IDENTIFICATION / 2. PERSON PREPARING APPLICATION
Applicant / Name
Contact / Address
Address / City/State/Zip
City/State/Zip / Telephone #
Telephone # / ( / ) / Email Address
Fax Number / ( / )
Federal Tax ID Number
Email Address
3. SUPPORTING DOCUMENTATION / DED USE ONLY
Enclosures: / Charter
Articles of Incorporation
By-Laws

4. CERTIFYING OFFICIAL:

To the best of my knowledge and belief, data and information in this application are true and correct. All previously submitted documentation has not been changed since submittal. The governing body of the applicant has duly authorized this application.

Email Address Typed Name and Title Date approved

SUBMIT THE ENTIRE APPLICATION AS AN ELECTRONIC MAIL ATTACHMENT TO:

OR

SUBMIT THE ENTIRE APPLICATION AS AN ATTACHMENT OR AS A FAX TO*:

402-471-8405

Attention: Bob Doty

A confirmation of receipt of the application will be sent within 5 business days via electronic mail. If you do not receive a confirmation, please contact Bob Doty at 402-471-2095 and accommodations will be made to facilitate the application process.

*Note: An e-mail submission is preferred. If you have any concerns about this method please contact Bob Doty.

Part II. Requirements for designation as a NDO

Requirements are in the three areas of legal status, organizational structure, and capacity and experience.

LEGAL STATUS

A. The Organization has the legal ability to operate in Nebraska and is maintaining its status.

There is no required documentation to be submitted. Department staff will verify at https://www.nol.org/sos/corp/corpsearch.cgi?nav=search. Please check prior to the application due date that the organization is listed and identified in Good Standing.

B. The organization must specifically adhere to the following three criteria demonstrated in one or more of

documents listed in the box below.

(1)  One of the purposes of this organization is to engage in community economic development activities which are intended to lead to an improvement of the physical, economic or social environment of its geographic area of operation by addressing one or more of the critical problems of the area with attention to the needs of persons with low income.

Charter (Page Number__),

AND/OR

Articles of Incorporation (Page Number___),

AND/OR

By-Laws (Page Number___),

AND/OR

Resolution of the Organization’s Board of Directors (Page Number___)

(2)  No part of the organization’s earnings may benefit any members, founders, contributors or individuals.

Charter (Page Number___),

AND/OR

Articles of Incorporation (Page Number___),

AND/OR

By-Laws (Page Number___),

AND/OR

Resolution of the Organization’s Board of Directors (Page Number___)

(3)  The organization must serve a clearly defined geographic service area that may be a neighborhood, city or cities, county or counties, but not the whole state (clearly identify the service area).

Charter (Page Number___),

AND/OR

Articles of Incorporation (Page Number__),

AND/OR

By-Laws (Page Number___),

AND/OR

Resolution of the Organization’s Board of Directors (Page Number___)

C. The organization is a qualified non-profit development group that meets the requirements of the Housing and Community Development Act 105(a)(15) AND meets an IRS definition of a nonprofit.

Letter from the IRS for either final or conditional designation as a 501(c)(3), 501(c)(4) or 501(c)(6)

nonprofit

OR

Letter from an Attorney verifying that the organization operates as a non-profit and also operates as one of

the following:

Small Business Investment Company organized under 15 USC Section 681,

SBA Section 504 Certified Development Company

Community Action Agency

Community Development Corporation

Local Development Corporation


ORGANIZATIONAL STRUCTURE

A NDO board must be composed as follows:

Low- to moderate- income (“LMI”) representation;

A maximum of one-third may be representatives of the public sector.

Low-Income Representatives (Examples)

Owners or senior officers of private establishments and other institutions - located in a LMI geographic area and/or serving LMI persons; clergy; members of non-profit organizations that deliver services to LMI persons; OR

Representatives of low- and moderate-income neighborhood organizations - located in its geographic area of operation

Public Sector Representatives:

Elected Officials – State legislators and State office holders.

Appointed Officials – members of any regulatory and/or advisory board or commission that are appointed by elected State officials.

Public Employees – all employees of State government.

Appointed to the NDO Board by a Public Official of the State – any individual who is not necessarily a public official of the State, but has been appointed by a public official from the State to serve on the NDO board.

·  Members of the NDO board appointed by public officials of the State cannot select other members of the board

·  Board members meeting the definition of a public sector representative cannot meet the definition of a low-income representative for purposes of required board composition

A. The organization must clearly commit to a governing board structure that includes LMI representation and no more than one-third public sector representatives, as evidenced by By-Laws, Charter, or Articles of Incorporation.

By-Laws (Page Number__),

OR

Charter (Page Number___),

OR

Articles of Incorporation (Page Number___)


EXPERIENCE AND CAPACITY

EXPERIENCE

A. Newly created organizations wishing to become NDOs can meet this requirement if the sponsoring organization is a nonprofit and has provided services to the community for at least one year. The year of service does not have to be directly related to economic development.

Submit a written statement from your NDED economic development representative that the organization has experience serving the community. (Requirement waived 06/10/2008 ___Bob Doty_____)

CAPACITY

B. NDOs must demonstrate their capacity to carry out the economic development activities they are planning. This means the NDO must have:

Experienced key staff that has successfully completed projects similar to those proposed by the NDO. While NDOs may rely upon volunteers to augment capacity or perform some functions, key staff must be paid employees of the NDO;

OR

Key staff with limited or no experience, and who will use experienced consultants for the planning and development activities, as long as there is a plan in place for the consultant to train the key staff;

OR

The organization will hire staff or will use staff from an affiliated organization with the required experience or the new staff will work with an experienced consultant under a plan in place to train the new staff.

Submit resumes and/or statements that describe the experience of key staff members and copies of any contracts with consultants to train key staff members. If key staff members are in the process of being hired, include a copy of a training plan (Page Number_____)

Part III. Financial Requirements

NDOs must have financial accountability standards that generally have:

·  Records that identify adequately the source and application of funds. These records shall containing formation pertaining to awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest.

·  Effective control over and accountability for all funds, property and other assets. Recipients shall adequately safeguard all such assets and assure they are used solely for authorized purposes.

·  Comparison of outlays with budget amounts for each award. Whenever appropriate, financial information should be related to performance and unit cost data.

Submit a notarized statement by the president or chief financial officer of the organization;

OR

Submit a certification from a Certified Public Accountant (Page Number_____)

5

Revised 06/01/2009