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RES 2001-1979 - Agmt with Bellevue, Papillion, and Ralston for study of potential skateboard sites A *ee. ' -R E C E I i� E D Parks,Recreation & �ONIAHA,�.�� . o `,�' �'� Public Property Department 6.•,`' maha/Douglas Civic Center � ff � t � 0i JULJJL27 P I?: :30 zv i . �" r h 1819 Farnam Street,Suite 701 26® ' r "A � o't.. ' .-—' " Omaha,Nebraska 68183 0701 i0o� ¢�� CITYClMAH4t: r (402)444-0701 or SKA ��FD FEBR�r t i;..1.:,. +{ FAX(402)444-4921 City of Omaha Larry N.Foster Mike Fahey,Mayor Acting Director Honorable President and Members of the City Council, The attached Resolution authorizes an Interlocal Agreement between the Cities of Omaha, Bellevue, Papillion and Ralston for the purpose of studying locations for a potential new skateboard park. This Agreement has been signed by Bellevue, Papillion and Ralston. Previously, the Department of Parks, Recreation and Public Property analyzed the usage patterns associated with the Roberts Park Skateboard Park. The purpose of this study was to provide information on which to base the location of future Omaha skateboard facilities. This review indicated a significant pattern of use from residents located in south central Omaha and northern Sarpy County. At the same time, discussions were underway in Bellevue, Papillion and other Sarpy County communities regarding their residents' needs for public skateboard parks. The Omaha's Department of Parks, Recreation and Public Property organized a meeting with these area Park and Recreations Departments to discuss their mutual interest in skateboarding facilities. This group analyzed a number of parks; thereafter three potential sites were jointly selected. Two of these sites are in Omaha's Seymour Smith Park. The remaining site is located in Papillion's Papio Bay Park. The attached Resolution authorizes the Ciaccio-Dennell Group to 1.)perform an on-site analysis of each site, 2.) prepare a conceptual master plan for skate facilities and associated amenities for each site, 3.) develop a cost estimate for each of the three proposed locations, 4.)recommend the best site, participate in discussions regarding the site selection, and finalize one concept plan and its cost estimates. The fees for this study have been divided between the four cities based upon the anticipated service radius of a new skateboard park being located at any of the three sites being studied. Honorable President and Members of the City Council Page 2 The Agreement states that participation in this study does not commit the cooperating cities to future funding for a skateboard park. However, these cites do agree to participate in further discussions regarding this subject. Respec lly submitted, 7/2 Lard . Foster Actin Director Date Y � g Parks, Recreation and Public Property Department Approved as to Funding: Referred to City Council for Consideration: _61C,, /P-1/0/ Stanley P. ►,rnm Date Mayor's Of ce/Titie(1;);,, / /Date S Y / / Finance Director P:\Prpp 1\6058pjm.doe � • Y ORIGINAL AGREEMENT This Agreement is herebymade and entered into this da of 2001, byand g ,� Y � between the CITY OF OMAHA, a municipal corporation or ahized and existing under the laws of the State of Nebraska located in Douglas County, Nebraska, (hereinafter referred to as "Omaha"), the CITY OF BELLEVUE, political subdivision organized and existing under the laws of the State of Nebraska located in Sarpy County, Nebraska, (hereinafter referred to as "Bellevue"), the CITY OF PAPILLION, a political subdivision organized and existing under the laws of the State of Nebraska located in Sarpy County, Nebraska (hereinafter referred to as "Papillion"), and the CITY OF RALSTON, a political subdivision organized and existing under the laws of the State of Nebraska located in Douglas County,Nebraska'(hereinafter referred to as "Ralston"),. WHEREAS, Omaha, Bellevue, Papillion, and Ralston, are independent political subdivisions organized and existing under the laws of the State of Nebraska; and, WHEREAS, each have expressed interest in a skateboard park to serve their residents; and, f . WHEREAS, the parties desire to jointly evaluate three potential locations; and, WHEREAS, it is necessary for the parties to enter into an agreement to set forth their respective rights, duties and obligations regarding the evaluation of a location for a skateboard park to serve residents of Bellevue, Papillion, and Ralston and south central Omaha; and, WHEREAS, such an agreement falls within the intent and purposes of the Interlocal Cooperation Act, Sections 13-801 through 13-827 Neb.Rev.Stat. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, Omaha, Bellevue, Papillion, and Ralston do hereby mutually undertake, promise, agree and contract each for itself and its successors and assigns as follows: I. PURPOSE The purpose of this Agreement is to specify the duties and responsibilities of the parties hereto in hiring Ciaccio-Dennell Group to evaluate three potential skateboard park locations, including, but not limited to, a final recommendation of the best site, development of a preliminary conceptual plan and cost estimates. II. TERM This term of this Agreement shall be approximately 6 months commencing on the date of execution and ending on December 31, 2001. III. RIGHTS, OBLIGATIONS AND DUTIES OF OMAHA Omaha agrees to: 1. enter into an agreement with Ciaccio-Dennell Group for the evaluation of three potential locations for a skateboard park, two of which are located in Omaha's Seymour Smith Park and one of which is located in Papio Bay Park in Papillion. Omaha shall enter into such an agreement in a timely fashion so as to permit the evaluation by Ciaccio-Dennell Group to be completed on or before the ending date of this agreement. Such agreement shall specify that Ciaccio-Dennell Group shall perform all of the work specified in the Scope of Services attached hereto as Exhibit"A"; 2. manage the work activities of Ciaccio-Dennell Group and its performance on the skateboard park location evaluation project; 3. coordinate the input of the other parties hereto, including but not limited to, arranging a minimum of three meetings, at mutually agreed upon times, for discussion and review; 4. pay Ciaccio-Dennell Group in full and, upon completion of the evaluation project, bill each of the other parties hereto for its share in accordance with paragraph V. hereinbelow; and, 5. that locating a skateboard park in any of the three potential locations will provide greater access to such recreation facilities for its residents. IV. RIGHTS, OBLIGATIONS AND DUTIES OF BELLEVUE, PAPILLION AND RALSTON Bellevue, Papillion and Ralston agree: 1. to provide input and attend a minimum of three meetings as requested by Omaha and Ciaccio-Dennell Group regarding the skateboard park location evaluation project; 2. to reimburse Omaha, within 45 days of receipt of a billing from Omaha, for its share of the cost of the work performed by Ciaccio-Dennell Group pursuant to the agreement between Omaha and Ciaccio-Dennell Group specified hereinabove; 3. that the Scope of Services attached hereto is a full and complete listing of the services which each desires Ciaccio-Dennell Group to provide as part of the skateboard park location evaluation project; and, 4. that locating a skateboard park in any of the three potential locations will provide greater access to such recreation facilities for its residents. 2 V. FUNDING OF EVALUATION PROJECT The parties hereto have reviewed the usage patterns associated with Omaha's Roberts Park Skateboard facility. Based upon this information, the parties agree the potential service radius of a new skateboard park is depicted on Exhibit #B. This Exhibit presents the service impact based upon a radius point located halfway between the sites to be studied in Omaha and Papillion. The parties hereto agree to share the cost of the evaluation project proportionately based on each parry's population within the service area illustrated on Exhibit# B as follows: City Population in service area Contribution to Evaluation Project Cost Omaha 90,000 $2,400.00 Ralston 6,000 $ 160.00 Bellevue 39,000 $1,040.00 Papillion 15,000 $ , 400.00 Total Evaluation Project Cost $4,000.00 VI. NO COMMITMENT FOR CONSTRUCTION OR FUNDING OF PARK Each of the parties hereto agrees that nothing in this agreement shall be construed as a binding commitment to build or provide funding for the construction of a skateboard park. However, each further agrees that upon receipt of the final recommendation as to a skateboard location from Ciaccio-Dennell Group, it will participate in discussions with the other parties of the possibility of joint funding of a skateboard park at the recommended location. VII. PROJECT ADMINISTRATOR No separate legal or administrative entity is created by this Agreement. Omaha shall serve as the administrator of the skateboard park location evaluation project and shall be responsible for the administrative work necessary for the evaluation as more fully set forth hereinbelow. VIII. RECORDS Each of the parties agrees to prepare, keep and maintain records, in a method, location and for a time period satisfactory to the others, necessary to determine that each was in compliance with the terms of this Agreement. Each party shall have the right to audit and examine such records during usual business hours upon reasonable advance notice to the others. 3 IX. GENERAL CONDITIONS Nondiscrimination None of the parties shall, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, disability pursuant to the Americans with Disabilities Act, political or religious opinions, affiliations or national origin. Captions Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. Applicable Law Parties to this Agreement shall conform with all existing and applicable city ordinances, resolutions, state and local laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. Interest of Omaha Pursuant to section 8.05 of the Omaha Home Rule Charter, no elected official or any officer or employee of the City of Omaha shall have a financial interest, direct or indirect, in any City of Omaha contract. Any violation of this section with the knowledge of the person or corporation contracting with the City of Omaha shall render the contract voidable by the Mayor or Council of the City of Omaha. Interest of the Parties Omaha, Bellevue, Papillion and Ralston covenant that each presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; each further covenants that, in the performance of this Agreement, no person having any such interest shall be employed. Merger This contract 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. 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 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. 4 Approval of Amendments The parties hereto acknowledge that, as of the date of the execution of this agreement, Section 10-142 of the Omaha Municipal Code provides as follows: "Any amendment to contracts or purchases which taken alone increases the original bid price as awarded (a) by ten percent, if the original bid price is one hundred fifty thousand dollars ($150,000) or more, or (b) by seventy-five thousand dollars ($75,000) or more, shall be approved by the City Council in advance of the acceptance of any purchase in excess of such limits or the authorization of any additional work in excess of such limits. However, neither contract nor purchase amendments will be split to avoid advance approval of the City Council. The originally approved scope and primary features of a contract or purchase will not be significantly revised as a result of amendments not approved in advance by the City Council. The provisions of this Section will be quoted in all future City contracts. Nothing in this Section is intended to alter the authority of the Mayor under Section 5.16 of the City Charter to approve immediate purchases." Strict Compliance All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from an authorized representative. Assignment None of the parties may assign its rights under this Agreement without the express prior written consent of the others. Successors and Assigns Bound by Covenants All covenants, stipulations and agreements in this Agreement shall inure to the benefit of the parties hereto and extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. Authorized Representatives In further consideration of the mutual covenants herein contained, the parties hereto expressly agree that for purposes of notice, including legal service of process, during the term of this Agreement and for the period of any applicable statute of limitations thereafter, the following named individuals shall be the authorized representatives of the parties: 5 A. City of Omaha Larry N. Foster, Acting Director Parks, Recreation and Public Property Department Omaha/Douglas Civic Center 1819 Farnam Street, Suite 701 Omaha,NE 68183 B. City of Bellevue Dennis Hilfiker Public Works Director 210 West Mission Bellevue,NE 68005 C. City of Papillion Lori Hansen Recreation Director 122 East Third Street Papillion,NE 68046 D. City of Ralston Dan Freshman Public Works Director/Inspector 5500 South 77th Street Ralston,NE 68127 EXECUTED this 9 day of , 2001. CITY OF OMAHA, a Municipal Corporation ATTEST: } )')NA"L't deal City€lerk,City of Oma-a Mike Fahey, Mayor APPR 1 M ,D AS TO FORM: Assi' ant Pity Attorney 6 EXECUTED this 4'day of , 2001. CITY OF BELLEVUE, a Municipal I Corporation ATT T: s.- ' a .4... 1 , s' y.. oE<.: 111;r N 4411.....A,L.„1 Pc..., City Clei i ; " Fe:IA'#y Mayor + 0 APPROVED AS TO FORM: 4 N: ++ 1 ,0 ..23..18<.. 54 : f r� 11,E ‘�0UNTY,1,0` i 0e__- ' ty Attorney EXECUTED this/ day of - , 2001. CITY OF PAPILLION, a Municipal Corporation ATTEST: �2.0 - - �v By %TyytryLtc.(2‘. 46Cervt.S2-4— � City Clerk Mayor APPROVED AS TO FORM: api„ sd,:da. Ci ttorney a EXECUTED this / day ofrlila.(t-, 2001. CITY OF STON, a Mud al Corporation TEST: 9-evt---6& By //,-41eKa City Clerk Mayor APPROVED AS TO FORM: 9.16y1/ttof @i�n..... • EAL * ty Atto ey A • e e s r • : s p:\skateboard pk loc interlocal ag ✓°e •eaG/1/ 19 0°• ��, e°° ee•oz4's••° $' °`r° Ff3 R P.5� '°. -7,-,,,,,I Sill••'' 7 EXHIBIT "A" PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is hereby made and entered into this day of , 2001, by and between the City of Omaha, a municipal corporation located in Douglas County, Nebraska (hereinafter referred to as the "City"), and Ciaccio Dennell Group (hereinafter referred to as the "Provider"), on the terms, conditions and provisions as set forth herein below. I. PROJECT NAME AND DESCRIPTION A. Omaha Metro Area Skate Park Site Location Study II. DUTIES OF PROVIDER A. Provider agrees to perform professional services, as set out and more fully described in the Skate Park Site Location Study attached hereto, for the City, relative to the above-referenced project. Such services shall be completed within a reasonable period after receipt of a purchase order from the City. B. Provider designates Ciaccio Dennell Group as its project manager and contact person for this project. C. Provider agrees to maintain records and accounts, including personnel, financial and property records, sufficient to identify and account for all costs pertaining to the project and certain other records as may be required by the City to assure a proper accounting for all project funds. These records shall be made available to the City for audit purposes and shall be retained for a period of five years after the expiration of this agreement. D. Provider agrees to prepare a schedule of compensation, detailing hourly rates for all compensated providers, employees, and subcontractors, a copy of which is provided in the attached Agreement For The Provision Of Limited Professional Services. E. Provider agrees to complete, by May 15, 2001, all items discussed in the Scope of Services. The City recognizes that completion within this deadline is contingent upon timely meeting schedules and City input. Provider shall furnish the City with one (1) complete set of the final documents, including plans and meeting notes along with a digital copy of the final documents in a CAD format compatible with AutoCad 2000. F. Provider shall be responsible for reviewing all project plans and specifications with appropriate departments and agencies for compliance with City ordinances, state and federal law, building, plumbing, electric and fire codes and other pertinent laws and regulations. Professional Service Agreement—Ciaccio Dennell Group Skate Park Site Location Study Page 1 of 1 III. DUTIES OF CITY A. City designates Patrice Slaven, City Planner II, as its contact person for this project, who shall provide a notice to proceed and such other written authorizations as are necessary to commence or proceed with the project and various aspects of it. IV. COMPENSATION AND PAYMENT A. The cost of services as specified in the Scope of Services, shall be performed on an hourly basis, but in no event shall exceed Four thousand dollars and no cents ($4,000.00). The hourly basis shall be as set out in Exhibit A, Rate Schedule, dated August 1999. The express written consent of the City shall be required in order to exceed said amount. B. Reimbursable expenses shall be billed to the City by the Provider at actual cost. Detailed itemization of such expense shall be made available to the City upon request. Expenses shall be included in the guaranteed maximum fee stated in section IV.A. of this Agreement. C. Provider shall submit periodic invoices to the City contact person, detailing services performed and the cost thereof. City shall pay such invoices within thirty (30) days after the date of the invoice. V. OWNERSHIP A. All plans and specifications provided pursuant to the terms of this agreement, including but not limited to construction mylars, shall be and become the property of the City. B. No additional compensation shall be due the Provider from the City for such plans and specifications. However, if the plans and specifications are re-utilized by the City, the City agrees to contract with the Provider for any required adaptations, contingent upon the negotiation of a fee for this service acceptable to both the City and the Provider. VI. ADDITIONAL SERVICES A. In the event additional services for the aforementioned project not covered under this agreement are required, Provider agrees to provide such services at a mutually agreed upon cost. VII. INSURANCE REQUIREMENTS Professional Service Agreement—Ciaccio Dennell Group Skate Park Site Location Study Page 2 of 2 A. Provider shall carry professional liability insurance and shall carry workers' compensation insurance in accordance with the statutory requirements of the State of Nebraska. VIII. INDEMNIFICATION A. To the fullest extent permitted by law, the Provider shall indemnify and hold harmless the City, its agents and employees, their successors and assigns, individually and collectively, from and against all claims, suits, damages, fines, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from the provision of services under this agreement, provided that such claim, suit, damage, fine, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable, regardless of whether or not such claim, suit, damage, fine,_loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph. B. In claims against any person or entity indemnified under this paragraph by an employee of the Provider, anyone directly or indirectly employed by it, or anyone for whose acts it may be liable, the indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Provider under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. IX. TERMINATION OF AGREEMENT A. This agreement may be terminated by the City upon written notice to the Provider of such termination and specifying the effective date at least seven (7) days prior to the effective date of such termination. In the event of termination, the Provider shall be entitled to just and equitable payment for services rendered to the date of termination, and all finished or unfinished documents, data surveys, studies, drawings, maps, models, reports or photographs shall become, at the City's option, its property. X. GENERAL CONDITIONS A. Non-discrimination. Provider shall not, in the performance of this agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. B. Captions. Captions used in this agreement are for convenience and are not used in the Professional Service Agreement—Ciaccio Dennell Group Skate Park Site Location Study Page 3 of 3 construction of this agreement. C. Applicable law. Parties to this agreement shall conform with all existing and applicable city ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this agreement. D. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the City shall have a financial interest, direct or indirect, in any City. agreement. Any violation of this section with the knowledge of the person or corporation contracting with the City shall render the agreement voidable by the Mayor or Council. E. Interest of the Provider. The Provider covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this agreement; he further covenants that in the performance of this agreement, no person having any such.interest shall be employed. F. Merger. This agreement shall not be merged into any other oral or written agreement, lease or deed of any type. This is the complete and full agreement of the parties. G. 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 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. H. Assignment. The Provider may not assign its rights under this agreement without the express prior written consent of the City. I. Strict compliance. All provisions of this agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. J. Equal employment opportunity clause. Annexed hereto as Exhibit "C" and made a part hereof by reference are the equal employment provisions of this contract. All reference in Exhibit "C" to "Contractor" shall mean "Provider." Refusal by the Provider to comply with any portion of this program as therein stated and described will subject the offending party to any or all of the following penalties: (1) Withholding of all future payments under the involved contracts to the Provider in violation until it is determined that the Provider is in compliance with the provisions of the contract; (2) Refusal of all future bids for any contracts with the City or any of its departments or divisions until such time as the Provider demonstrates that he has established and shall carry Professional Service Agreement—Ciaccio Dennell Group Skate Park Site Location Study Page 4 of 4 AGREEMENT TO PERFORM PROFESSIONAL SERVICES FOR THE OMAHA METRO AREA SKATE PARK SITE LOCATION STUDY (CDG Project;Vo. 2643) Ciaccio Dennell Group,Inc.(CDG)enters into this agreement for professional landscape architecture services with the City of Omaha (CLIENT) for the Omaha Metro Area Skate Park Site Location Study Project, Omaha,Nebraska. SCOPE OF SERVICES CDG will perform the following services: A. CDG will attend a meeting to receive input from the CLIENT to brainstorm and determine the criteria by which to evaluate the three (3) alternative sites and determine the general size of the skate park to be used in evaluating the sites. B. Prepare a site selection matrix that delineates the ranking of the alternative sites. The matrix will be based on the criteria developed in the initial input meeting. C. CDG will perform an on-site analysis of the alternative sites for the proposed skate facility to determine positive and negative attributes of the alternative sites. D. CDG will prepare a conceptual master plan for the skate park and surrounding park area for each of the three sites in order to develop the magnitude of cost for each alternative site. E. CDG will review the site selection matrix with the CLIENT to determine the top ranking sites. F. CDG will finalize the concept and magnitude of cost for the selected site. G. A "wrap-up" meeting will be held with the CLIENT to discuss the Phase One implementation budget, priorities, timing, etc. and the preparation of contract documents, if required. II. FEE AND TIMING A. The above Scope of Services will be performed for a Lump Sum Fee of Four Thousand Dollars ($4,000.00), which includes the cost of all expenses associated with the production of the work. B. The above Scope of Services will be performed within six weeks upon written authorization to proceed (signed copy of this agreement) by the CLIENT with an anticipated start date of April 1, 2001. 1 • C. Any additional services shall be authorized in writing by the CLIENT prior to initiation and compensated in accordance with the attached rate schedule (Exhibit `A'). The CLIENT shall reimburse CDG for additional expenses accrued. III. PAYMENT A. Terms of payment for all work performed under this Agreement shall be net 30 days from date of invoice. B. All fees due CDG will be payable within thirty (30) days of receipt of such invoice showing work completed and the cost of said work. To each statement not paid within thirty (30) days, a service charge of one and one-half percent (1-1/2%) per month will be added to the unpaid balance. IV. INDEMNITY AND LIMITATION OF LIABILITY A. The CLIENT agrees, at its own expense, to indemnify, defend and hold harmless CDG, its successors and assigns and its shareholders, officers, directors, agents and employees, against any and all losses, costs, liabilities, damages and/or expenses brought against CDG to the extent based on or arising from(a)the Project, or(b) any third party claims of breach of CDG's representations, warranties, covenants or agreements under this Agreement. B. Neither CLIENT nor CDG shall be liable under this agreement, for any indirect, incidental, special, punitive or consequential damages. Excluding the indemnification section set forth above, in no event will the total aggregate liability of CDG for any claims, losses or damages arising out of this agreement exceed the total amount of fees and other consideration actually received by CDG under this agreement. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of any other remedies. V. OWNERSHIP AND USE OF THE MATERIALS A. CLIENT acknowledges and agrees that the drawings, sketches, designs and other documentation (the "Materials") prepared by CDG for the provision of Services contemplated in this Agreement are instruments of CDG's Services and are for use solely with respect to this Project and,unless otherwise provided in writing by CDG, CDG shall be deemed the author of these Materials and shall retain all rights, title and interest therein. The Materials shall not be used by the CLIENT or others on other projects, for additions to this Project or for completion of this Project by others. VI. TERMINATION A. This Agreement may be terminated upon ten(10) days written notice by either party. In the event of termination, the CLIENT will pay CDG due compensation as specified herein for services performed up to the termination date including reimbursable expenses. 2 • VII. APPLICABLE LAW A. The parties shall comply with and apply Nebraska law, without reference to the conflicts of laws provisions thereof. in the performance and interpretation of this agreement. CITY OF OMAHA CIACCIO DENNELL GROUP, INC. 1819 Farnam Street 1014 Douglas On The Mall Omaha,Nebraska 68183 Omaha,Nebraska 68102-1813 (402) 346-8754 (402) 346-7419 Fa4 3/2 q bl ' l i • 3� • ai f ignature Date ; g rr Sign.. Date r r �. Fob' eve HCt(In Ot l'� fJ✓ David J. Ciaccio, President Printed�ame/Title 3 EXHIBIT'A' CIACCIO DENNELL GROUP INC. RATE SCHEDULE August 1999 HOURLY RATES & CLASSIFICATIONS David J. Ciaccio - Principal $100/Hr. James K. Dennell - Principal $100/Hr. Stephen P. Mainelli -Contract Administrator $85/Hr. Paul J. Kelly -Senior Architect/ Project Manager $85/Hr. Kevin G. Strehle-Senior Landscape Architect/ Project Manager/Junior Architect $85/Hr. Wayne M. Borer-Senior Architect $80/Hr. Todd M. Maiellaro- Landscape Architect $75/Hr. Kevin E. Schluckebier-Architect $75/Hr. Robert A. Slipka, Ill —Junior Landscape Architect $70/Hr. Technician $45/Hr. Administrative Support Staff $45/Hr. REIMBURSABLES A. CONSULTANTS: Services provided by civil, structural, mechanical, and electrical engineering and/or other consultants shall be charged at actual cost plus 10%. B. REPRODUCTIONS: Blueprints, plotting, photocopies, photographic reproductions, compact disk(CD) reproductions, and all printing and materials shall be charged at actual cost plus 10%. C. SUPPORT MATERIALS: All support materials (i.e. photographs, model supplies, professional renderings, etc) other than normal office supplies used in connection with the project will be charged at actual cost plus 10%. D. LONG DISTANCE PHONE, POSTAGE & SHIPPING: All long distance phone charges, postage charges and express mail/shipping charges used in connection with the project will be charged at actual cost plus 10%. E. TRANSPORTATION: Automobile transportation in connection with the project will be charged at a rate of thirty-five cents ($.35) per mile. Commercial travel will be charged at actual cost plus 5%. F. TRAVEL AND SUBSISTENCE: Living expenses, auto rentals and other similar direct expenses in connection with out-of-town travel, authorized by the Owner, will be charged at actual cost. G. FILING FEES AND OTHER COST ADVANCED: All filing or permit fees and other similar costs that are paid by Ciaccio Dennell Group, Inc. shall be charged at actual cost. The rates and multiples set forth above may be annually adjusted in accordance with normal salary review practices. 4 • 1 EXHIBIT "C" 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,national origin,or disability as defined by the Americans With Disabilities Act of 1990 and Omaha Municipal Code 13-82. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race,religion, color, sex or national origin. The Contractor shall take all actions necessary to comply with the Americans With Disabilities Act of 1990 and Omaha Municipal Code (Chapter 13) including, but not limited to, reasonable accommodation. As used herein, the word "treated" shall mean and include, without limitation, the following: Recruited, whether 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, national origin, or disability as recognized under 42 USCS 12101 et seq. (3) The Contractor shall send to each labor union or 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 contract compliance officer all Federal forms containing the information and reports required by the Federal government for Federal contracts under Federal rules and regulations,and including the information required by Sections 10-192 to 10-194, inclusive, and shall permit reasonable access to his records. Records accessible to the Contract Compliance Officer 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 for this provision is to provide for investigation to ascertain compliance with the program provided for herein. 1 (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 necessary to protect the interests of the City and to effectuate the 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. (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 Contract Compliance Officer. 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. . -2- . s 1 ' .4.40.- -._- ' ' k' . 1 \ =-1-5 "cli . milt— a < 1441 1 fa . .L._ Alia Kii. D '-- ___ tillporr �. O i .i�vmmumm Lyra��mow' 1,110,%, owileing 7,:s :, .-.=A. mitsilmositilik......_. : 1 i Vgii . iiiiikral . t I ( „-,,mi.410,4 1W% . 'I i t iir mbh„..... .. .. : iri . ,,, ,. 4 .1 is IL fli . 3• w. . ! AA. 7A .a : c.v . • -.7i , .., u v ' .« is ,I ,il • A 0 -1- 4ihi Arldriiipig - 4 AIIIIIIIu. - `- Ali. . ow=4Vi ii.....A1....VI - I i 5 . 4 - ,Ieltrill : ELA OW iimr \. 4f ijiM 1 illlllg , /"TrA,_ - w ri ft -- .....162E, ----A41111 all _ -- ---Arlpipp-p-0, ,, ii . .2 i ',;(....r ./ g 1 V 1111 : __.4 1 7 liiiiill ..._, ; ,z.. , I t,4 1 1 Iliktk , eAr 41111W I- ‘ -- - i 1• -- ..4; -N,_40 >N i - « s a I g t i j t r t . ig. tin 1 - i t 1 s (\\\\\ `• '-'t,i _ r:! - .«Y , 1\ ...., . \ ,.. ...i _. /I . \ ./'--'. '\ n I /o • • C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 1 . WHEREAS, Omaha, Bellevue, Papillion and Ralston, are independent political subdivisions organized and existing under the laws of the State of Nebraska; and, -z WHEREAS, each have expressed interest in a skateboard park to serve their residents; and, WHEREAS, the parties desire to jointly evaluate three potential locations; and, WHEREAS, the parties have agreed to hire Ciaccio-Dennell Group to do this study and share the total costs of$4,000; and, WHEREAS, it is necessary for the parties to enter into an agreement to set forth their respective rights, duties, obligations regarding the evaluation of a location for a skateboard park to serve residents of Bellevue, Papillion, Ralston and south central Omaha; and, WHEREAS, such an agreement falls within the intent and purposes of the Interlocal Cooperation Act, Sections 13-801 through 13-827; and, WHEREAS, the City of Omaha's share of the costs is $2,400 and funds are available from the 1996 Park Bond Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Mayor is authorized to sign the Interlocal Cooperation Agreement between the City of Omaha, City of Bellevue, City of Papillion and City of Ralston that authorizes a jointly funded study of three potential skateboard sites and said funds in the amount of $2,400 shall be paid from the 1996 Park Bond Fund 391, Agency 120, Organization 1295, Activity 3088. P:\Prpp1\6059pjm.doc APPROVED AS TO FORM: r - �e._ 7 2 0/ fig . (TA,ATTORNEY DATE er .._______ __ceyt) By . ncilmember Adopted a 4AVG 7 2001 7-a fr4City Clerk Approved. `"�!-- .. . y • Mayor r. • rn a 'T1 � oo � ° o n. q w r Pc)' R' 0 o I b 5 a n o c�\ . = .- re. c4 • yCD a4o ?' o o c . vJ.., „..k .....j I vV iv p G OU4 "•\*) \ v� ncD � 0 '-, CM ,ram.' O D CT • n A) • ---r , t F. . . . . , . . . . . . . • . . ,. . , . • . 1 -..,„‘ , ,,,z, r • . . _ . • ': 1 1... , _ a.