RES 2001-1089 - Agmt with NE State Soccer Association /2e'd#7W,
Parks, Recreation &
e RECEIVE [public Property Department
� �t, Omaha/Douglas Civic Center
cute Si. et 1819 Farnam Street,Suite 701
z t� ) 01 t PfR 10 i4 8: 5 4 Omaha,Nebraska 68183-0701
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FD moo' CITY CLERK - Larry N.Foster
City of Omaha O M A H A. N E B R A S K ji Acting Director
Hal Daub,Mayor April 24, .2001
Honorable President
and Members of the City Council,
The purpose of the attached resolution is to approve a five-year Agreement between the City of
Omaha and the Nebraska State Soccer Association for the management and operation of an amateur
soccer program through December 31,2006, for and on behalf of the City of Omaha.
A similar Agreement has been in place since 1985. This partnership has served Omaha's residents
and soccer players well. Currently, these two organizations are jointly directing the efforts of
Omaha's Soccer Summit.
This proposed Agreement allows the NSSA to continue the operation and management of amateur
soccer programs at various City soccer facilities.
Soccer league related details including organization, administration, supervision and managing and
scheduling the use of specified fields and complexes, as well as developing special events and
tournaments shall continue as the responsibility of the Nebraska State Soccer Association. The City
shall continue to provide maintenance including, mowing, irrigation, dumping of trash barrels and
containers, fertilization and weed control. Additional responsibilities of both groups are detailed
within the Agreement.
Parks,Recreation and Public Property Department recommends approval of the Agreement.
Your consideration and approval of this Resolution and Agreement is requested.
Res c ull,�subr i ed,
Larry oster, Acting Director Date
Public Property Department
Approved as to Funding: _l of to Cit ounc. for nsideratio
U�uvlt 4/. /(t G/ AI
Stan Timm,A tin Direct ,yt Date Mayor's Of ice/Title ate
Finance Department /�/E
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AGREEMENT
THIS AGREEMENT is hereby made and entered into this.:019Xday o£ide441.,2001,
by and between the City of Omaha,a Municipal Corporation(hereinafter"City")and the Nebraska
State Soccer Association(hereinafter "NSSA").
WITNESSETH:
WHEREAS, the City and NSSA agree that.it is desirable to conduct an amateur soccer
program in Omaha; and,
WHEREAS,the City is the owner of several soccer fields and complexes which are available
for use in operating an amateur soccer program; and,
WHEREAS,NSSA has offered to manage and operate an amateur soccer program for and on
behalf of the City; and,
WHEREAS, NSSA and the City desire to enter into an agreement for the operation of an
amateur soccer program in Omaha.
NOW,THEREFORE,THE PARTIES HERETO MUTUALLY COVENANT AND AGREE
AS FOLLOWS:
I. SOCCER FACILITIES
The soccer fields and facilities subject to this Agreement are those located within the
following parks: Discovery, N.P. Dodge, One Pacific Place, Seymour Smith, Storz, Tranquility,
Trendwood, Zorinsky Lake, and Ester Pilster. City may revise the fields and complexes subject to
this Agreement upon thirty (30) days written notice from the Director of the Parks,Recreation and
Public Property Department, or his designee, to the NSSA.
II. RIGHTS, DUTIES AND OBLIGATIONS OF NSSA
A. NSSA agrees to:
1. Provide full organization, administration, and supervision of all soccer competition
including league organization,scheduling,competition and tournament play for teams affiliated with
NSSA on the fields and complexes specified in Article I of this Agreement;
2. Manage and schedule the use of all fields and complexes specified in Article I for
NSSA affiliated teams,non-affiliated teams,tournaments,exhibits and special soccer related events;
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3. Develop special events and tournaments such as city,state,and regional tournaments;
4. Maintain an exemplary and model program and comply with all City rules and
regulations;
5. Cooperate with the Parks and Recreation Department of the City of Omaha;
6. Maintain records and accounts including property,personnel and financial records as
specified by the City to assure an accounting of all Agreement expenses;
7. To make such records and accounts available for the NSSA Field Fund for audit
purposes to the City Finance Director or any other authorized City representative and to retain such
records and accounts for a period of three (3)years;
8. Provide to the Parks,Recreation and Public Property Director and Finance Director an
annual financial report. Such reports shall be ready for review not later than ninety (90) days after
the end of each calendar year;
B. NSSA shall provide the following with respect to the fields and complexes identified
in Article I. of this Agreement:
1. Equipment,materials,and labor for marking the fields and for extraordinary cleanup
of those fields at such times as when games or tournaments are held or other times as may be
appropriate except as detailed in Article VIII;
2. Policing of the grounds to ascertain that litter and trash receptacles are utilized;
3. Information on necessary maintenance needs on an ongoing basis and encourage such
additional reporting by players, coaches, and officials.
4. Portable rest room facilities when deemed necessary either by NSSA or the Director
of the Parks,Recreation and Public Property Department,or his designee. Any rest room facilities,
either portable or permanent, located on the fields and complexes identified in Article I of this
Agreement shall be cleaned and attended to by NSSA.
III. RIGHTS, DUTIES AND OBLIGATIONS OF THE CITY
A. The City shall provide the following with respect to the fields and complexes
identified in Article I. of this Agreement except as otherwise hereinafter specified in Article VIII:
1. Turf and site maintenance including mowing,irrigation,dumping of trash barrels and
containers, fertilization, and weed control;
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2. Recognition of the NSSA as the organization responsible for management of the
fields and complexes and supervision of the facilities located thereon; and,
B. The City agrees to permit NSSA to use space as an office and headquarters for
management and operation of such soccer program in the event such space becomes available on any •
of the fields and complexes or adjoining park property identified in Article I. of this Agreement.
IV. CONCESSION RIGHTS
NSSA shall have the right to operate any permanent or temporary concession facility located
within the complexes or fields identified in Article I. of this Agreement or any other temporary
concession facility at other City soccer facilities as designated in writing by the Director of the Parks,
Recreation and Public Property Department,or his designee. Such concession rights shall be limited
to food, beverages, sundries, and nonconsumables such as soccer related T shirts, hats or other
similar wearing apparel, as approved by the Director of the Parks, Recreation and Public Property
Department,or his designee. NSSA shall be responsible for the payment of any taxes,obtaining any
permits or licenses,and compliance with any laws,ordinances,rules or regulations including,but not
limited to, those pertaining to health and safety, required for such concession.
V. VENDOR/SPONSOR SELECTION POLICY
NSSA shall be responsible for developing and enforcing a policy for the selection of vendors
and sponsors to provide products and services including the sale of novelties, sports equipment,
concessions, or other similar soccer related materials, supplies, equipment and services for
tournaments, special events or other similar activities held at the fields and complexes identified in
Article I. of this Agreement. Such policy shall be applied by NSSA to all individuals, groups, or
organizations using such fields and complexes. A copy of such policy shall be attached hereto as
Exhibit A and incorporated herein by this reference. Such policy may not be revised without the
express written consent of the Director of the Parks, Recreation and Public Property Department.
Notwithstanding selection by the NSSA pursuant to such policy, all vendors and sponsors shall be
required to obtain a permit from the Parks,Recreation and Public Property Department for the sale of
such products and services on park property.
VI. RESTRICTIONS ON USE OF FACILITIES POLICY
NSSA shall not permit the use of the fields and complexes identified in Article I. of this
Agreement for any purpose including league play,tournaments,exhibitions,or special events during
the summer turf growing months and at other times deemed desirable by NSSA unless otherwise
mutually agreed upon by NSSA and PRPP. NSSA shall develop such a use policy for the approval
of the Director of the Parks, Recreation and Public Property Department. Such policy may not be
revised without the express written consent of the Director of the Parks, Recreation and Public
Property Department.
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VII. ADMISSION FEE POLICY
NSSA shall not be permitted to collect nor allow the collection of spectator admission fees on
the fields and complexes subject to this Agreement except that such fees may be collected at soccer
events held on Field Number 2 at Tranquility Soccer Complex and Field Number 1 at N.P. Dodge
Park in the sole discretion of the Director of the Parks,Recreation and Public Property Department
and with his express prior written approval. In the event NSSA desires approval to collect such a
fee,the amount of the fee,an identification of the specific event and the date on which the event is
scheduled shall be submitted to the Director for review and approval, at minimum,thirty(30)days
prior to the event. For all events for which spectator admission fees are approved by the Director,
NSSA shall increase the amounts of general public liability insurance coverage to be provided as
specified in Article XII.of this Agreement to $1,000,000 as to any one person and$5,000,000 as to
any one incident. The City shall be an additional named insured on such additional coverage.
VIII. ANNUAL FIELD MAINTENANCE PAYMENT
NSSA shall pay to City the sum of$40,000 annually to supplement City funds annually
budgeted for maintenance or improvements at the soccer fields and complexes subject to this
Agreement. Such payment shall be made in two equal installments of$20,000 on or before July 1
and December 1 of each year of this Agreement. The City agrees to deposit these payments in a
separate City budget account and utilize such funds only for the purposes detailed within this
Agreement. The City agrees to annually utilize $17,000 of such payment for maintenance or
improvements and associated staffing needs at the N.P. Dodge Park soccer complex including,but
not limited to, chemicals, fertilizers, grass seed, equipment and materials for lining of fields for
NSSA scheduled games. NSSA and City also agree that all costs associated with these activities at
N.P.Dodge Park soccer complex shall be paid from this$17,000.00 or,at the City's sole discretion,
from other funds provided to the City by NSSA and that no City annual budget funds shall be used
for these purposes at this complex. If and to the extent that NSSA pays any of the maintenance costs
described in this paragraph directly to third party vendors it shall be entitled to a credit on the next
scheduled semi-annual payment equal to the amount so paid provided such expenditures were
approved in writing in advance by the City. If, during a soccer season, more than fifteen percent
(15%) of the aggregate number of fields which are subject to the terms and provisions of this
Agreement are held out of play(by agreement of NSSA and the City of Omaha)in order to refurbish
and regenerate the turf on those fields,the$40,000 commitment set forth in this Article VIII shall be
reduced by an amount proportionate to the actual number of fields withheld from play in excess of
15%of all available fields. For example,if,during the 2001 calendar year,there are 40 fields which
are potentially available for play pursuant to the terms and provisions of this Agreement,but 10 of
those fields are held out of play in order to refurbish and replenish the turf, then the $40,000
obligation set forth in this Article VIII would be reduced by 10%or$4,000 which is the percentage
by which fields held out of play exceeds 15%, i.e. 25% - 15%= 10%.
NSSA further agrees that City shall not be required to provide any maintenance or
improvements to Tranquility Field Number 2 or utilize any part of the annual payment for such
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purposes. NSSA agrees to contract with Creighton University for maintenance and improvements to
this field. If at any time during the term of this Agreement Creighton University shall no longer
utilize Tranquility Field Number 2 for a majority of its men's or women's teams'home soccer games,
upon receipt of a written request from NSSA,the City will assume the responsibilities specified in
Article III., Section A.1. for such field. NSSA shall,prior to assumption of such duties by the City,
return such field to a condition acceptable to the City. City will thereafter be responsible for its
maintenance out of the aforementioned maintenance fee throughout the duration of this Agreement,
including any extension thereof.
IX. TERM
This Agreement shall be in full force and effect for a period of approximately five(5)years
commencing on the date of execution and ending on December 31, 2006. NSSA shall have the
option to renew this Agreement for an additional five year period on the same terms and conditions.
Exercise of such option to renew shall be made in writing to the Director of the Parks, Recreation
and Public Property Department a minimum of six(6)calendar months prior to the termination date
of this Agreement.
X. CANCELLATION
A. This Agreement may be cancelled for just cause at the end of any calendar year by
either the City or NSSA by written notice of such cancellation to the other party not later than
November 1st of any given calendar year.
B. The City agrees that if this Agreement is cancelled at the end of any calendar year
pursuant to the provisions of paragraph A. hereinabove, the City will honor any previously signed
commitments by NSSA for future soccer tournaments to be held during the term of this Agreement.
XI. PERIODIC EVALUATION
City,through its Parks,Recreation and Public Property Department,and NSSA agree to meet
at least annually to evaluate the terms and conditions of this Agreement and periodically as necessary
to resolve situations not otherwise provided for herein.
XII. INSURANCE
A. Throughout the term of this Agreement or any renewal thereof, NSSA agrees to
procure and maintain in force with companies licensed to do business in the State of Nebraska,
comprehensive general public liability insurance with,at minimum policy limits of$1,000,000.00 as
to any one person and $3,000,000 as to any one incident for bodily injury or death, $5,000.00 for
property damage and medical pay coverage of$25,000.00. Said policies shall expressly include the
City of Omaha as an additional named insured. In addition NSSA agrees to require and obtain proof
of insurance as hereinabove described from all non-NSSA groups, teams, organizations or
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individuals utilizing the fields and complexes specified in Article I. hereof and shall require that
these groups expressly include the City of Omaha as an additional named insured on all such
policies.
B. A certified copy of the policies,or a certificate evidencing the existence thereof,shall
be delivered to the Parks, Recreation and Public Property Department within (10) days after
execution of this Agreement. Each such copy shall contain a valid provision or endorsement that the
policy may not be cancelled,terminated or materially changed or modified without giving thirty(30)
days written advance notice thereof to the City. Each such policy shall contain an additional
endorsement providing that the insured's carrier shall not, without obtaining express advance
permission form the City,raise any defense involving the immunity of the City,its officers,agents or
employees, the governmental nature of the City, or the provisions of any statutes respecting suits
against the City.
XIII. INDEMNITY
NSSA covenants and agrees to indemnify and hold harmless the City,its officers,agents and
employees,their successors and assigns,individually and collectively,from and against all liability
for any fines,claims,suits,demands, actions,or causes of action of any kind and nature asserted by
any person, for personal injury or death, or property damage in any way arising out of or resulting
from any activity or operation of NSSA in managing and operating the soccer program and the
NSSA further agrees to pay all expenses in defending against any claims made against the City;
provided, however, that NSSA shall not be liable for any injury, damage or loss occasioned by the
sole negligence or wilful misconduct of the City, its agents or employees. The NSSA and the City
shall give prompt and timely notice of any claim made or suit instituted which, in any way,directly
or indirectly contingently or otherwise, affects or might affect either party.
XIV. INDEPENDENT CONTRACTOR
It is understood and agreed by and between NSSA and the City that any and all acts that
NSSA or its personnel,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.
NSSA 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 NSSA shall be in its own name and not in
the name of the City, unless otherwise provided herein.
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XV. GENERAL CONDITIONS
A. APPLICABLE LAW
Parties to this Agreement shall conform with all existing and applicable city ordinances,
resolutions, state laws,federal laws,and rules and regulations. Nebraska law will govern the terms
and the performance under this contract.
B. 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 contract. Any
violation of this section with the knowledge of the person or corporation contracting with the City
shall render the contract voidable by the Mayor or Council.
C. 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.
D. 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 hereon unless
done in writing and signed by an authorized officer of the respective parties.
E. ASSIGNMENT
The NSSA may not assign its rights under this Agreement without the express prior written
consent of the City.
F. STRICT COMPLIANCE
All provisions of this Agreement and each and every document that shall be attached shall be
strictly complied with as written, and no substitution or change shall be made except upon written
direction from authorized representatives.
G. 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
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Agreement and for the period of any applicable statute of limitations thereafter,the following named
individuals shall be the authorized representatives of the parties:
(1) City of Omaha
Larry N. Foster, Acting Director
Parks, Recreation and Public Property Department
701 Omaha/Douglas Civic Center
1819 Farnam Street
Omaha,NE 68183-0701
(2) Nebraska State Soccer Association
Harlan Milder, President
5616 South 85 Circle
Omaha,Nebraska 68127
H. CAPTIONS
Captions used in this Agreement are for convenience and are not used in the construction of
this Agreement.
I. SUCCESSORS AND ASSIGNS BOUND BY COVENANTS
All covenants, stipulations and agreements in this Agreement shall extend to and bind the
legal representatives, successors, and assigns of the respective parties hereto.
J. INTEREST OF NSSA
NSSA covenants that it 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; it further covenants that in the performance of this Agreement, no person having such
an interest shall be employed.
K. NONDISCRIMINATION
NSSA 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, disability,
political or religious opinions, affiliations or national origin.
L. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
Annexed thereto as Exhibit "B" and made a part hereof by reference are the equal
employment provisions of this Agreement. Refusal by NSSA or any subcontractor to comply with
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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 Agreement to NSSA or the
subcontractor in violation until it is determined that NSSA or its subcontractor is in compliance with
the provisions of the Agreement.
2. Refusal of all future bids for any contracts with the City or any of its departments or
divisions until such time as NSSA or its subcontractor demonstrates that it has established and shall
carry out the policies of the program as hereiny outlined.
EXECUTED this . 2 day ofi�/JG�'r ,, 2001.
ATTEST: NEBRASKA STATE SOCCER ASSOCIATION
Harlan Milder, President
ATTEST; CITY OF PMAHA
By : ,,, ,
ity Clerk,of the_City,,of Omaha 'al Daub, Mayor of the City of Omaha
APPROVED AS TO FORM:
A si-scant City Attorney
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11776z
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Nebraska State Soccer Association (NSSA1 Vendor/Sponsorship Policy
This vendor/sponsorship policy governs NSSA managed or sanctioned soccer events
held at NSSA managed facilities. The policy is not to be construed to govern non-
NSSA managed or sanctioned events or events held on facilities not managed by the
NSSA.
BACKGROUND
It is common in the United States for youth soccer organizations to have sponsors for
their activities.
• An organization may be a team, a club, a league, a booster club, or a national,
regional, or state association.
• Sponsors may be commercial enterprises including sporting goods dealers and
manufacturers as well as other corporate organizations and service clubs.
• Activities include events such as clinics, camps, player development activities,
workshops, and tournaments.
Organizations seek sponsorship of their activities to benefit the activity and/or the
organization itself. In a sponsorship agreement, both the organization and sponsor give
and receive tangible and/or intangible value. Both the organization and the sponsor
must be satisfied with the value they receive or the sponsorship would not exist. The
"balance" of this value is usually perceived to be even or to favor the organization
seeking the sponsorship.
It is also common for the soccer organizations hosting these events to have vendors at
these activities.
• A vendor is a business selling goods or services to the attendees at the event.
Vendors normally sell from a booth or tent located on site at the event.
Organizations have vendors at their activities to benefit the activity and/or organization.
As a result of this arrangement, both parties give and receive benefits of tangible and
intangible value.
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POLICY
It is acceptable within this policy for organizations to have sponsers for soccer events.
Sponsors may impose restrictions on vendors provided the hosting organization can
demonstrate the sponsorship is the result of a good faith effort to receive maximum
value for the activity. The NSSA must demonstrate such value to its membership. All
other organizations must demonstrate such value to the NSSA. Restrictions a sponsor
may impose on vendors are limited to the vendor being a dealer in good standing of the
sponsors' product and establishing the product mix (sponsors product vs. others
product) the dealer can display and/or sell. The sponsor may not limit the number of
dealers to vend at the event.
Within this policy, a "soccer vendor" is defined as a retail business that sells soccer
apparel and/or equipment on site at a soccer event. Only a business that has the retail
sale of soccer apparel and/or equipment as a major segment of its day to day business
(thought of as a "soccer store") can be a "soccer vendor. " A vendor can only display
and sell soccer apparel and/or equipment at an event where this policy is applicable.
Sponsors and wholesale businesses can not be vendors.
The maximum number of "soccer vendors" allowed at an event is (4) four. Should the
number of potential interested and qualifying vendors exceed four, or should the
hosting organization wish to have fewer than four vendors, the hosting organization
may reduce the number of participants with any of the following (3) three methods:
• Establish a bid process that is open to all interested and qualifying parties. The
vendor or vendors will be selected by the highest value or values bid. The bid
must be tangible and quantitative in value. (e.g., cash; discounts, when
applicable and/or product allotment at "retail"). All products must be
acceptable to the hosting organization. Submitted bids must be published by the
hosting organization and made available to the NSSA and all bidders. In
requesting bids, the hosting organization must state their commitment relative to
the number of vendors being accepted.
• Establish a rotational system agreed to by all parties. (e.g., A&B vend this year,
A&C next year, B&C the next etc.) A drawing will be used the first year to
establish the rotational order.
• A blind drawing may be conducted for a stated number of vendors from among
those who qualify and indicate their interest to vend. All parties, including a
representative from the NSSA, must be present for the drawing.
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A "first come first served" system can not be used as this method rarely provides equal
opportunity for all concerned.
In addition to the soccer vendors at an event, a maximum of (3) three "sellers" may
also be present. "Sellers" include parties selling event related goods or services other
than soccer apparel and/or equipment. "Sellers" typically deal in souvenir T-shirts,
pins and patches, event photography and similar items. A hosting organization selling
a product or products (e.g., event T-shirts) is considered a "seller. "
The hosting organization may require all "soccer vendors" and "sellers" to purchase a
minimum level of advertising in the event program. They may also charge a base fee
for participating as a vendor. Bid values, if utilized, would be in addition to the base
fee and advertising requirement. Multiple event and/or multiple year vending
arrangements are permissible providing all known potential vendors, as well as the
NSSA, are notified of this intent in writing prior to beginning of the vendor selection
process.
All "soccer vendors" and "sellers" are required to comply with applicable city, state,
and NSSA regulations. They must place their request for a permit directly to the
NSSA no later than fifteen (15) days prior to the event. Once the NSSA has chosen the
"vendors" and/or "sellers" for the event, the NSSA shall notify and furnish the names
of those participants to the City of Omaha. Subsequently, the City shall issue the
permit to the selected "vendors" and "sellers. " They are required to pay the required
fee to the City and must have a copy of their permit in their possession during the
event.
The NSSA shall be the governing organization to guarantee all parties comply with the
procedures outlined in this policy statement. The NSSA has the jurisdiction and
reserves the right to intercede at any time to insure the interests of all parties are
safeguarded.
This vendor/sponsorship policy adopted at the 04/17/94 meeting of the NSSA Board of
Directors is to govern all applicable events held on or after May 1, 1994.
EXHIBIT "B"
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.
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(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.
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C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha owns several soccer fields that may be utilized
for an amateur soccer program; and,
WHEREAS, the City and the Nebraska State Soccer Association have negotiated
a five-year Agreement for the management and operation of an amateur soccer program at these
various fields; and,
WHEREAS, a similar agreement has been in place since 1985 and has
successfully improved and expanded the City's soccer programs and facilities; and,
WHEREAS, it is in the best interest of the citizens of the City of Omaha to enter
into this Agreement, for the management and operation of an amateur soccer program, with the
Nebraska State Soccer Association; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the attached five-year Agreement between
the City of Omaha and the Nebraska State Soccer Association for the management and operation
of an amateur soccer program at various city soccer facilities is hereby approved and the Mayor
is authorized to execute and the City Clerk to attest to said Agreement.
APPROVED AS TO FORM:
CITY ATTORNEY DATE
P:\Prppl\11745z.doc
By
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Adopted _ R 2 4 2001 7-0
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