RES 1997-2734 - Agmt with Gilbert R Johnson for operation of Harry A Koch Trap and Skeet Range•
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Parks, Recreation &
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h ,t AS:t James P.Cleary 1
City of Omaha Director
Hal Daub,Mayor
September 30, 1997
Honorable President
and Members of the City Council,
The attached Resolution accepts the bid of Gilbert R. Johnson and authorizes a Concession
Agreement between Mr. Johnson and the City of Omaha to provide management and operation for
the Harry A. Koch Trap and Skeet Range.
Mr. Johnson's bid to provide these services was the only bid received on August 27, 1997. The
Parks,Recreation and Public Property Department recommends the acceptance of this bid and the
approval of the attached Concession Agreement.
Your consideration and approval of this resolution is requested.
Res sec i lly submitted, Approved:
a/rreid f
J:mes P. Cleary, Director d ,-, R�,›.,:d,/., w,/,,
'arks, Recreation and George.vis, Jr. Date
Public Property Department Human •elations Director
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Approved as to Funding: Referred to the City Council for
Consideration:
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Lous A.D'Ercole "47 Mayor's Office Title h,2
ate
Finance Director '
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CITY OF OMAHA, NEBRASKA
CONCESSION AGREEMENT
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COVERING
OPERATION OF THE HARRY A. KOCH TRAP & SKEET RANGE
THIS CONCESSION AGREEMENT, made and entered into this 30 lay of 1997,
by and between the City of Omaha, a municipal corporation organized and exist' g under the laws
of the State of Nebraska,hereinafter referred to as "City" and Gilbert R. Johnson,hereinafter referred
to as "Concessionaire".
WITNESSETH
WHEREAS,the City of Omaha, Nebraska, owns a trap and skeet range located in Seymour Smith
Park, 72nd and Harrison Streets and is commonly referred to as "Harry A. Koch Trap and Skeet
Range", and
WHEREAS,the parties hereto desire to enter into a Concession Agreement for the use and operation
of Harry A. Koch Trap and Skeet Range in accordance with the terms, provisions and conditions as
set forth hereinbelow.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the City and the Concessionaire do hereby mutually undertake, promise, agree and
contract, each for itself and its successors and assigns as follows:
ARTICLE I -TERM OF AGREEMENT
Subject to the terms, provisions and conditions as set forth hereinafter below, and unless earlier
terminated in accordance therewith, the term of this Concession Agreement shall be for a period of
approximately seven(7)years commencing on the date of execution and ending December 31,2004.
ARTICLE II - AUTHORIZATION TO USE PREMISES AND FACILITIES
1. For and in consideration of the compensation to be provided under the terms of this
Concession Agreement the City does hereby authorize the Concessionaire,to use and occupy
the trap and skeet range located in Seymour Smith Park, in the City of Omaha, Nebraska
commonly referred to as "Harry A. Koch Trap and Skeet Range";provided however,that this
Concession Agreement is hereby made subject to and expressly conditioned upon the terms,
provisions and conditions as set forth hereinbelow as well as the timely and performance by
the Concessionaire in strict compliance therewith. Such use and occupancy shall be IP
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exclusive.
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2. The City expressly reserves the right to grant utility rights-of-way to others over, under,
through, across or on that part of the premises which Concessionaire is authorized to use and
occupy.
ARTICLE III CONCESSION PAYMENT
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1. For the privilege of operating the Trap and Skeet Range concession, Concessionaire agrees
to pay to the City 20.1% of Annual Gross Receipts.
2. On the 10th day of each month,Concessionaire shall submit to the Office of the City Finance
Director a statement showing the "Gross Receipts" received by the Concessionaire from the
operation of said facility for the previous month, and shall thereupon pay to the City for the
previous month based upon applicable percentages as follows:
a. The term "Gross Receipts" includes the target fees for trap and skeet ranges plus
revenues from food and beverages sales and sales of any and all other items not
specifically excluded below.
b. Specifically excluded from the "Gross Receipts" as defined above are the following:
1. Fees collected on behalf of State or National Shooting Associations.
2. Prize and trophy fees collected solely for distribution to participants.
3. Sales and revenue taxes levied by the State of Nebraska, the City of Omaha,
or the County of Douglas on operations or transactions conducted under this
Agreement.
4. Shot reclamation pursuant to Article VIII.
3. Without prejudice to any other remedy which otherwise might be used for arrears of
payments of the percentage of the annual gross receipts or other breach of this Concession
Agreement, if the City is required or it elects to pay any sum or sums or incurs any
obligations or expense by reason of failure, neglect or refusal of the Concessionaire to
perform any one or more of the terms, conditions or covenants of this Concession Agreement
or as a result of any act or omission of Concessionaire contrary to said terms, conditions or
covenants of this Concession Agreement or as a result of any act or omission of
Concessionaire contrary to said terms, conditions or covenants, the sum or sums so paid or
the expense so incurred, including all interest, costs, damages and penalties may be added
to any payment thereafter due hereunder and each and every part of the same shall be and
become additional amounts recoverable by the City in the same manner and with like
remedies as if it were originally a part of the payment of the percentage of the annual gross
receipts set forth hereinabove.
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ARTICLE IV- ACTIVITIES, USES, PRIVILEGES AND
OBLIGATIONS OF THE CONCESSIONAIRE
1. The Trap and Skeet Range Concession is defined as the exclusive privilege of operating,
managing and maintaining the Harry A. Koch Trap and Skeet Range as a public trap and
skeet range facility. Concessionaire covenants and agrees that the premises shall be used 4
exclusively for the operation of a public Trap and Skeet Range, and the provision of services
and merchandise attendant to such an operation. It is expressly understood that clay targets,
firearms,shot shells,metallic ammunition,wads,primers,powder and lead shot are approved
for sale at the facility and will not be classified as unacceptable by the City.
2. During the term of this Concession Agreement, the Concessionaire agrees to use the
premises solely for the purposes or activities stated above, subject to the conditions generally
or particularly set forth herein, and not to use or permit the use of the premises or any part
thereof for any purposes or activities other than those specifically stated above without first
obtaining the express, written approval of the Director of the Parks, Recreation and Public
Property Department.
3. The Concessionaire acknowledges and agrees that the City has the right to adopt and enforce
reasonable rules and regulations and that it and all its employees, agents and servants will
faithfully observe and comply with all rules and regulations as may from time to time be
promulgated by the Director of the Parks, Recreation and Public Property Department.
4. Concessionaire, its employees,agents or servants, shall at all times comply with the laws and
regulations of the United States of America, the State of Nebraska, and all applicable
ordinances, codes and regulations of the City of Omaha. Violations thereof by
Concessionaire, its agents or employees or revocation of permits or licenses required in the
performance of this Concession Agreement shall be cause for termination of this Concession
Agreement at the option of the City.
5. The Concessionaire agrees, at its own expense, to pay any and all taxes or assessments
properly levied by the City, County or other governmental units against its property or
income.
6. The Concessionaire will not suffer or permit to be maintained upon the premises or upon the
exterior of any improvements or appurtenances thereto any billboards, signs or other
advertising media except those which have prior written approval of the Director of the
Parks, Recreation and Public Property Department; nor will the Concessionaire suffer or
permit to be maintained within any structure situated upon or within the premises any signs
or other advertising media which concerns goods or services other than those furnished or
offered for sale by the Concessionaire except those which have prior written approval of the
Parks, Recreation and Public Property Director.
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7. The Concessionaire shall bear at its own expense all costs of operating the concession except t
as herein detailed, and shall pay in addition to the payment of the percentage of annual gross e
receipts all other costs connected with the use of the premises, facilities,rights and privileges F
granted, including but not limited to: insurance; and all licenses, permits or other similar
authorizations as required under Federal, State or local laws and regulations insofar as they -t;`
are necessary to comply with the requirements of this Concession Agreement and the rights -i.
and privileges extended hereunder. The Concessionaire also agrees to repair or pay for all
damage to the City's property caused by the wrongful or negligent acts or omissions of the
Concessionaire, its agents, servants, employees, contractors, invitees, guests, patrons and
suppliers arising out of,whether directly or indirectly,the Concessionaire's use or occupancy
of the premises, except as detailed in Article VII (5) hereinafter.
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8. The Concessionaire shall provide adequate sanitary handling and disposal of all trash,
garbage and other refuse caused as a result of the operation of its business. The
Concessionaire shall deposit all waste materials in trash receptacles and dumpsters. Piling
of boxes, cartons, barrels or other similar items, in an unsightly or unsafe manner, on or
about the premises, is forbidden. The Concessionaire shall pay all costs of obtaining and
maintaining such trash receptacles and dumpsters for the disposal of trash, garbage and
refuse.
9. The Concessionaire shall not be permitted to sell alcoholic beverages on the premises of the
Harry A. Koch Trap and Skeet Range.
ARTICLE V -RIGHTS AND COVENANTS OF THE CITY
1. The City covenants that it is well seized of the premises and has good title thereto free and
clear of all liens and encumbrances and has full right and authority to authorize the use and
occupancy of same as herein set above.
2. The City covenants that the Concessionaire shall have peaceful possession and quiet
enjoyment of the premises during the term hereof so long as the Concessionaire performs and
observes all of the covenants, agreements, terms and conditions hereof.
3. The City and its duly authorized representatives shall have at any and all times the full and
unrestricted right to enter the premises for the purpose of inspecting or protecting such
premises and doing any and all things which the City may be obligated to do under this
Concession Agreement or which may be deemed necessary for the proper general conduct
and exercise of the City's police power,provided said entry shall not unreasonably interfere
with the operation of Concessionaire.
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ARTICLE VI - CONCESSION OPERATIONS ([
1. It is the City's objective to provide the highest quality of service to the public. To
accomplish this objective Concessionaire agrees to manage and operate the Trap and Skeet
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Range Concession with energy,fidelity, diligence and dedication and in full compliance with
all of the provisions of this Concession Agreement.
2. Concessionaire agrees to operate the Trap and Skeet Range Concession as authorized herein
and to be open to the public during certain night time hours as well as during the day,
including weekends and certain holidays. However,without express prior written permission
from the Director of the Parks, Recreation and Public Property Department, no targets shall
be sold after 9:00 p.m. and the Range shall be closed by 10:00 p.m. The Concessionaire
shall annually submit for approval by the Director of the Parks, Recreation and Public
Property Department a schedule of hours of operations.
3. Concessionaire agrees that it shall take all reasonable measures in every proper manner to
maintain, develop and increase the business conducted by it hereunder, and Concessionaire
shall not divert or cause or allow any business to be diverted from the City by referral or any
other method. Said efforts shall include recruiting tournaments and other major shooting
events when available.
4. Concessionaire's employees shall be clean, courteous, efficient and neat in appearance. The
Concessionaire shall not employ any person or persons in or about the premises who shall
use improper language or act in a loud or boisterous or otherwise improper manner. Upon
request of the Director of the Parks, Recreation and Public Property Department, the
Concessionaire agrees to terminate any employee whose conduct the Director feels is
detrimental to the best interest of the City or offensive to the general public. Uniforms for
specific employees must be provided by the Concessionaire if required by the Director.
5. The Concessionaire and his employees shall have the authority to direct the removal of
patrons who are boisterous, loud, using improper language or acting in an unsafe manner.
ARTICLE WI - IMPROVEMENTS AND MAINTENANCE
1. Prior to occupying the concession premises, the Concessionaire and the Parks, Recreation
and Public Property Department staff shall inventory the condition of all City trap and skeet
throwing equipment and other equipment belonging to the City.
2. Concessionaire agrees to maintain all trap and skeet target throwing equipment as
inventoried in proper operating condition, to provide all necessary parts and repairs, 1
replacing said equipment as may be necessary,with equipment of the same kind, quality and
manufacturer if available.
3. Concessionaire acknowledges the ownership of the City equipment as detailed in the
inventory and agrees upon termination of this Concession Agreement,to leave trap and skeet
throwing equipment of like number, quality and kind in a condition equal to that received
at the initiation of this Concession Agreement. The Concession equipment shall be returned
in a condition reflecting only normal use deterioration.
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4. Concessionaire may not erect or install any improvements or additions or make any
alterations without the expressed written approval of the City.
5. The City shall make all necessary repairs at its sole discretion to the clubhouse, trap and •
skeet houses and field lights not caused by the negligence of the Concessionaire. The City
further agrees to maintain the roads and parking areas. Concessionaire shall remove snow
and maintain other areas as designated by the City. Concessionaire shall mow areas within
the facility's fenced and building areas as designated by the City.
6. The City shall maintain the City owned cash register,tables,chairs,ice machine,refrigerator,
desks and other City owned non-target throwing equipment.
7. The City shall shampoo the clubhouse carpet once during each six-month period of this
Concession Agreement.
ARTICLE VIII - LEAD RECLAMATION
It is further expressly understood that lead shot deposited forward of the trap and skeet ranges is to
be periodically reclaimed by the Concessionaire. The revenue generated by such reclamation will
belong solely to the Concessionaire and will not be subject to royalty or lease for assessments by
City.
ARTICLE IX- SECURITY
The Concessionaire shall provide security to the trap and skeet range which may be provided by an
alarm system or by a resident within the facility. Any facility resident shall be submitted to the
Director of the Parks, Recreation and Public Property Department for prior written approval. The
Concessionaire shall be solely responsible for any building modifications and maintenance necessary
to accommodate a residence and such modification must be approved by the Director. The
Concessionaire is responsible for obtaining the necessary permits and shall provide the Director with
certification that the residence meets all appropriate codes and requirements. Any proposed alarm
system shall be submitted to the Director for review and approval.
ARTICLE X- UTILITIES
The City shall be responsible for the electrical charges by OPPD and the MUD charges for the water
and sewer (no gas). The City shall not furnish electricity for heating other than electrical power
necessary to operate the electrical furnace blower.
The Concessionaire shall be responsible for telephone charges and the propane gas. The
Concessionaire shall obtain any permits necessary to supply utilities to the facility. k
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ARTICLE XI - SCHEDULE OF TRAP AND SKEET CHARGES
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Rates or fees for trap and skeet services shall be determined by the Concessionaire subject to and '
conditioned upon approval of same bythe Director of the Parks, Recreation and Public Property }
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Department. The Concessionaire shall submit to the Director, for approval, any proposed alteration ` .
in rates or fees. The Director shall have complete discretion in approving or denying any proposed [ ' ,
increases, and shall take into consideration the impact, if any, the increase may have on the general
public, as well as, its relation to current trap and skeet rates in other similar facilities. The Director
shall also take into consideration any substantial or unanticipated increase in expenses or other costs
of operation suffered by the Concessionaire through no fault of its own(such as an increase in taxes,
etc.). No rate increase shall be considered until June 1, 1998. r. '
ARTICLE XII - ACCOUNTING RECORDS AND REPORTS .
1. Concessionaire shall, at all times during the term of this Concession Agreement, keep or
cause to be kept, true and complete books, records, and accounts of all fees referred to in
Article III. Such records, books and accounts shall be maintained in a method approved by
the Finance Director of the City of Omaha. The records must be supported by documents
from the original entry from the transaction is made, including sales slips,cash register tapes,
and purchase invoices.
2. Within ninety (90) days after the end of each fiscal year of Concessionaire during the term
of this Concession Agreement, or any extension thereof, Concessionaire shall submit to the
Finance Director, City of Omaha, a certificate of revenue, prepared by a Certified Public
Accountant reflecting business transacted upon the premises for the preceding fiscal year.
Concessionaire, at its own expense, shall supply all records forms, in a type, style, and form
satisfactory to City.
3. All required books of account and records shall be made available at one location within the
limits of the City of Omaha and shall be retained by the Concessionaire for two (2) years.
4. The City shall have the right to conduct audit examinations and to examine the books and
attendant sales and services.
ARTICLE XIII - INDEMNIFICATION AND INSURANCE
1. The Concessionaire covenants and agrees to indemnify and hold harmless the City of
Omaha, its officers, agents and employees, their successors and assigns, individually or
collectively from and against all liability for any fines, claims, suits, demands, actions or
causes of action of any kind and nature for personal injury or death, or property damage in
any way arising out of or resulting from any activity or operation of the Concessionaire on
the premises or in connection with its use of the premises or facilities and the Concessionaire
further agrees to pay all expenses in defending against any claims made against the City;
provided, however, that the Concessionaire shall not be liable for any injury, damage or loss
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occasioned by the negligence or willful misconduct of the City, its agents or employees. The
Concessionaire 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.
2. The Concessionaire shall procure and maintain in effect during the term of this Concession
Agreement, with companies licensed to do business in the State of Nebraska, liability
insurance with at minimum, policy limits of$300,000/$1,000,000 for bodily injury or death
and$500,000 for property damage. Said policy shall expressly include the City of Omaha
as an additional named insured, and shall contain a cross-liability clause.
A certified copy of the policy or a certificate evidencing the existence thereof, shall be
delivered to the City Finance Director within ten (10) days after the execution of this
Concession 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 from the City, raise any defense involving in any way
the immunity of the City of Omaha, officers, agents or employees,the government al nature
of the City, or the provisions of any statutes respecting suits against the City.
3. The Concessionaire shall procure and maintain in effect during the term of this Concession
Agreement, with companies licensed to do business in the State of Nebraska fire, theft and
extended coverage hazard insurance on Clubhouse and equipment therein including damage
from vandalism.
4. The Concessionaire shall furnish to the City satisfactory evidence that it carries Worker's
Compensation Insurance in accordance with the laws of the State of Nebraska.
5. The Concessionaire shall cause the City of Omaha, a municipal corporation, to be made co-
insured on any and all such insurance, and upon receipt of notice from the City of Omaha,
shall take such action as the City of Omaha shall deem necessary and expedient to insure that
the City of Omaha is held harmless from any liability from any cause whatsoever arising as
a result of the Concessionaire's activities in and upon the Trap and Skeet premises to any
person, individual, form or otherwise.
6. In the event the Concessionaire shall fail to obtain any such insurance, or shall permit any
such insurance or other type of indemnity to lapse or become void, the City may terminate
this Agreement.
ARTICLE XIV - TERMINATION
1. In addition to all other remedies available to the City, this Concession Agreement shall be
subject to cancellation by the City should any one or more of the following events occur:
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A. If the Concessionaire shall file a petition of bankruptcy; or if proceedings in
bankruptcy shall be instituted against it and its is thereafter adjudicated a bankrupt
pursuant to proceedings; or if a court shall take jurisdiction of the Concessionaire and
its assets pursuant to proceedings brought under the provisions of any Federal
reorganization act; or if a Receiver for the Concessionaire's assets is appointed; or if
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the Concessionaire shall be divested of its rights, powers and privileges under this
Agreement and Lease by other operation of law.
B. If the Concessionaire shall default in or fail to make any payments at the times and
in the amounts as required of it under this Concession Agreement.
C. If the Concessionaire shall abandon and discontinue the conduct of the Trap and
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Skeet Range Concession.
D. If the Concessionaire shall fail to perform,keep and observe any of the covenants and
conditions contained in this Concession Agreement to be performed, kept and
observed by it.
E. If the Concessionaire shall fail to abide by all applicable laws, ordinances, rules and
regulations of the United States, State of Nebraska, or the City of Omaha.
F. Provided that upon the happening of any of the contingencies recited in
subparagraphs B, C, D, and E above the City shall give written notice to the
Concessionaire to correct or cure same and if, within thirty (30) days from the date
of such notice, the default, failure to perform or breach complained of shall not have •
been corrected in a manner satisfactory to the City, then the City shall have the right
to terminate this Concession Agreement, without further notice, and to enter upon
and take full possession of the premises and facilities. Upon such happening, this
Concession Agreement shall automatically be deemed to have been irrevocably
breached by the Concessionaire and shall terminate. The acceptance of fees by the
City for any period or periods after a default of any of the terms, covenants, and
conditions herein contained to be performed, kept and observed by the
Concessionaire shall not be deemed a waiver of any rights on the part of the City to
cancel this Concession Agreement for failure by the Concessionaire to so perform,
keep, or observe any of the terms of this Concession Agreement to be kept,
performed, and observed by the Concessionaire.
2. The City reserves the right to terminate this Concession Agreement upon thirty (30) days
notice to the Concessionaire in the event of the removal or closing of the Trap and Skeet
Range. Any such event shall not be subject to the terms of this Concession Agreement.
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Concessionaire acknowledges and agrees that all rights that it may have under this
Concession Agreement shall terminate and does hereby expressly release and waive any
rights, claims or causes of action it may have against the City or its successor in interest .
which may or could arise, either directly or indirectly as a result of any such action.
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ARTICLE XV - DAMAGE OR DESTRUCTION OF PREMISES
If facility damage shall occur, the City shall have the option to repair same at its own cost and
expense or terminate this Agreement. In the event the said premises are substantially destroyed by
fire, explosion, the elements, the public enemy or other casualty, or so damaged, the City shall be
under no obligation to repair and reconstruct the premises, and the percentage of annual gross
receipts payable hereunder shall be proportionately paid up to the time of such damage or destruction
and shall thenceforth cease. If within twelve (12) months after the time of such damage or
destruction said premises shall not have been repaired or reconstructed, Concessionaire or City may
cancel this Concession Agreement in its entirety as of the date of such damage or destruction.
ARTICLE XVI -ASSIGNMENT
The activities uses, privileges and obligations authorized herein are personal and the Concessionaire
agrees that it will not assign, or authorize the use or occupancy of the premises or facilities or any
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portion thereof without the express consent of the City in writing and any purported assignment in
violation hereof shall be void.
ARTICLE XVII - SUCCESSOR AND ASSIGNS BOUND BY COVENANTS
Except in the event of a sale of the premises, all covenants, stipulations and agreements in this
Concession Agreement shall extend to and bind the legal representatives, successors, and assigns
of the respective parties thereto.
ARTICLE XVIII - GENERAL PROVISIONS
1. Notices to the City provided for in this Concession Agreement shall be sufficient if sent by
certified or registered mail, postage prepaid, addressed to:
City of Omaha
Parks, Recreation and Public Property Director
1819 Farnam Street
Omaha,Nebraska 68183
and notices to the Concessionaire if sent by certified or registered mail, postage prepaid
addressed to:
Gilbert R. Johnson
6802 Harrison Street
LaVista,Nebraska 68128
or to such other respective address as the parties may designate to each other from time to
time in writing.
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2. The Concessionaire represents that it has carefully reviewed the terms and conditions of the
Concession Agreement and is familiar with such terms and conditions and agrees faithfully
to comply with the same to the extent to which said terms and conditions apply to its
activities, authorized and required by this instrument.
3. The term "City" as used in this Concession Agreement means the City of Omaha,Nebraska,
and where this Concession Agreement speaks of approval and consent by the City such
approval is understood to be manifested by act of the Mayor or his designated representative,
except as otherwise expressly stated in this Concession Agreement.
4. This Concession Agreement will be interpreted under and pursuant to the laws of Nebraska.
5. This Concession Agreement shall be subject to all federal, state, and local legislation
prohibiting discrimination, including Title VI of the Civil Rights, Section 48-1122, Revised
Statutes of Nebraska, 1943 as amended, the Fair Employment Practices Ordinance of the
City of Omaha and the provision of the City Charter. Concessionaire and City assure that
no person shall, on the grounds of race, color or national origin,political or religious opinion
or affiliation be excluded from participation in, be denied the proceeds of, or be subject to
discrimination under the program supported by this Agreement. For breach of this
assurance, the City of Omaha shall have the right to terminate this Agreement or take
appropriate judicial action for its enforcement. Concessionaire will furnish such compliance
information and other reports as may be required by the City of Omaha.
6. The Concessionaire covenants that it has not retained or employed any company or person,
other than bona fide employees working solely for Concessionaire, any fee, commission
percentage,brokerage fee, gift, or any other award or making of this Agreement. For breach
of this statement, the City of Omaha shall have the right to annul this Agreement without
liability.
7. The Concessionaire shall comply with all municipal ordinances and state and federal laws
relating to or applicable to this Agreement, including but not limited to Nebraska
Unemployment Laws and Fair Labor Standards Act.
8. Pursuant to Section 8.05 of the Home Rule Charter of the City of Omaha, no elected official
or nay officer or employee of the City shall have a financial interest, direct, or indirect, in
any City contract. A violation of that section with the knowledge of the Concessionaire, in
addition to constituting employee malfeasance, shall be cause for the City to unilaterally
terminate or void this Agreement.
9. Any subsequent agreement between the parties hereto on any matter whatsoever shall be in
writing and executed by an authorized officer.
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10. EQUAL EMPLOYMENT CLAUSE
A. The Concessionaire shall not discriminate against any employee applicant for
employment because of race, religion, color, sex, or national origin. The
Concessionaire shall take affirmative action to insure that applicants are employed
and that the employees are treated during employment, without regard to their race,
religion, color, sex or national origin. 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
Concessionaire 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.
B. The Concessionaire shall send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or understanding, fig.
a notice advising the labor union or workers' representative of the contractor's
commitments under the Equal Employment Opportunity Clause of the City of
Omaha and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
C. The Concessionaire shall furnish to the Contract Compliance Officer all Federal
forms containing the information and reports required by the Federal government for
federal contacts under federal rules and regulations, and including the information
required by Section 10-192 and 10-194 of the Omaha Municipal Code,inclusive, and
shall permit reasonable access to his records. Records accessible to the Contract
Compliance Officer shall be those which are related to Paragraphs(a)through(g)and
only after reasonable notice is given the Concessionaire. The purpose for this
provision is to provide for investigation to ascertain compliance with the program
provided for herein.
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D. The Concessionaire shall take actions with respect to any subcontractor as the City
may direct as a means of enforcing the provisions of Paragraphs (A) and(G), herein,
including penalties and sanctions for noncompliance, provided, however, that in the
event the Concessionaire becomes involved in or is threatened with litigation as the
result of such directions by the City, the City will enter into such litigation as is
necessary to protect the interests of the City and to effectuate the provisions of the
Ordinance; and in the case of contracts receiving Federal assistance, the
• Concessionaire or the City may request the United States to enter into such litigation
to protect the interest of the United States.
E. The Concessionaire shall file and shall cause his subcontractors, if any, to file
compliance reports with the City in the same form and to the same extent as required
by the Federal government for Federal contracts under Federal rules and regulations.
-12-
rr
•
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.
F. The Concessionaire shall include the provisions of Paragraphs (A)through(F)of this
Section, Equal Employment Opportunity Clause, and Section 10-193 in every
subcontractor or purchase order so that such provisions will be binding upon each
subcontractor or vendor.
ARTICLE XIX- INVALID PROVISION
In the event that any covenant, condition, or provision herein contained is held to be invalid by any
court of competent jurisdiction, the invalidity of any such covenant, condition, or provision herein
contained shall not affect the validity of the remainder of the covenants, conditions or provisions of
this Concession Agreement which shall in all respects remain a legally binding contract with the
invalid portion being deleted;provided that the validity of any such covenant,condition,or provision
does not materially prejudice either the City or the Concessionaire in its respective rights and
obligations contained in the valid covenants, conditions, or provisions of this Concession €,
Agreement.
ARTICLE XX- CONCESSION AGREEMENT EXTENSIONS
The Concessionaire shall have the right to request an extension of this Concession Agreement for
two additional one-year terms. Each one-year extension request shall be made,in writing,to the City
at least ninety (90) days prior to the expiration of the Concession Agreement or its previous �.
extension. The City shall have the right to approve or deny the request with or without cause.
In the event that the City, for whatever reason, finds it necessary to temporarily extend this
Concession Agreement, Concessionaire agrees to honor any such extension for a specified period
not to exceed one-year. The City shall give the Concessionaire, at minimum, thirty (30) days notice
of its intention to invoke the provisions of this Section. Any and all extensions as detailed within
this section shall be governed by the terms of this Concession Agreement.
-1 3-
r
L',
IN WITNESS WHEREOF, the parties have caused these presents to be signed by their duly
authorized officers.
Dated at Omaha, Nebraska, this G '(21ay of „� �" , 1997.
CITY OF OMA , A Mu ' ipal Corporation,
ATTEST: By
Hal D b, ay r
ity Clerk
daR EDu)a
SEAL OF THE CITY—0-f OMAHA Gilbert R. Johnson, Concessionaire
ATTEST: By (;; bbr cI P, C)/IA/Sa 4)
00Y) i ,r/are, , Title
, .*7 \
APPROVED AS TO FORM:
A is t City Attorney
P:\LAW\5453.SAP
-14-
Bond No. 20-011027219970
CONCESSIONAIRE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, Gilbert Johnson, 921.1 South 25th Avenue, Bellevue, Nebraska 68147,
as Principal, and United States Fidelity and Guaranty Company a
corporation duly incorporated under the laws of the State of Maryland
and authorized to do business in the State of Nebraska, as Surety,
are held and firmly bound unto the City of Omaha in the penal sum of
Five thousand & no/100 ---- ($5 , 000 . 00) dollars, for the payment of
which we hereby bind ourselves, our heirs , executors and administra-
tors, jointly and severlly by these presents .
THE CONDITIONS OF THIS BOND AS SUCH, that the said Principal has
entered into a Concession Agreement with the City of Omaha in
accordance with the requirements of the ordinance and has agreed to
hold said City of Omaha harmless from any damage by reason of his/her
engaging in said business of concessionaire of Harry A. Koch, Trap
and Skeet Range at Seymour Smith Park, 72nd and Harrison St. , Omaha,
Ne.
NOW, THEREFORE, if said Principal shall faithfully perform all the
duties of Concessionaire according to the requirements of the
ordinance of said City of Omaha and its agreement, and protect said
City of Omaha from any damage as hereinbefore stated, then this
obligation shall be null and void; otherwise to remain in full force
and effect.
This bond may be terminated as to future acts of the Principal upon
thirty (30) days written notice by the Surety; said notice to be sent
to City Clerk of the aforesaid City of Omaha by certified mail.
This bond becomes effective on the 30th day of September, 1997
Dated September 9,_ 1997
•
Gi ert Johnson •
•
United States Fidelity and Guar.anty Company
Stephanie Schroeder, Attorney in fact
•
•
NEBRASKA STATUTORY RIDER
The State of Nebraska Code, Section 44-4040 requires the name of the
soliciting agent and the name and address of the agency to be shown
on each bond issued by a Nebraska Agent or for any bond issued to a
Principal or Insured residing in Nebraska.
This rider is to comply with the statutory requirements of the State
of Nebraska.
Name of Soliciting Agent: Harry D. Koch
Name of Insurance Agency represented by the Soliciting Agent:
Harry A. Koch Co.
Address of Agency: 2121 So. 44th St. , Omaha, Ne. 68105
A copy of this rider should be attached to the original and all copies
of any bond issued.
r
, ^• 1592024
United States Fidelity and Guaranty Company /� V S F+G'
Power of Attorney
No. 108516
Know all men by these presents:That United States Fidelity and Guaranty Company,a corporation organized and existing under the laws of the State of
Maryland and having its principal office at the City of Baltimore,in the State of Maryland,does hereby constitute and appoint Douglas G. Durbin,
Peggy Sapienza, David G. Jesse, Harry D. Koch and Stephanie Schroeder
of the City of Omaha .State of Nebraska its true and lawful Attorneys)-in-Fact,each in their separate capacity if more than •
one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written instruments in the
nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons;guaranteeing the performance of contracts;and executing or guaranteeing
bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof,the said United States Fidelity and Guaranty Company,has caused this instrument to be sealed with its corporate seal,duly attested by
the signatures of its Vice President and Assistant Secretary,this 17th day of June ,A.D.19 97.
United States Fidelity and Guaranty Company,
(Signed) By ✓�1 f L
Vice President
ktrfib, —/
(Signed) By ' �v-cv? L. ,
� ) -sistant Secretary
State of Maryland 1
SS:
Baltimore City ) \ 1LP
On this 17th day of June ,A.D.19�97,before me personally.amee°Gary A.Wilson,Vice President of United States Fidelity and
Guaranty Company,and Thomas E.Huibregtse,Assistant Secretaalijsiid Company,with bet_hli ttom I am personally againted,who being by me severally duly sworn,
said,that they,the said Gary A.Wilson and Thomas E.Huibregts"were respectively the•Vice,President and the Assis of to Secretary of the said United States Fidelity and
Guaranty Company,the corporation described in and-which xecuted the foregoing;Fover of Attorney;that theyAttt>k ew the seal of said corporation;that the seal affixed
to said Power of Attorney was such corporate se-iall,fiat it was so affixed by d?e�Of-the Board of Directotf and corporation,and that they signed their names thereto by
like order as Vice President and Assistant Secrreetary,respectively,of the.C,o npany.
My Commission expires the 1st day of 4u s t A.D.19 98?�,
;� 00 .
(Signedl By r , _ .4
NOTARv\1-� Y !!!
• cueucA(N.
tary Public
.410
This Power of Attorney is granted under and by<au�th�o ity of the following Resolutions adopted by the Board of Directors of the United States Fidelity and
Guaranty Company on September 24,1992:
Resolved,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to
said business may be signed,executed,and acknowledged by persons or entities appointed as Attorneyls)-in-Fact pursuant to a Power of Attorney issued in accordance with
these resolutions.Said Powerls)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,
or the President,or an Executive Vice President.or a Senior Vice President,or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant
Secretary,under their respective designations.The signature of such officers may be engraved,printed or lithographed.The signature of each of the foregoing officers and the
seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys)-in-Fact for purposes only of executing
and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile
signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached.
Resolved,That Attomeyfs)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of Attorney issued to
them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the
nature thereof,and any such instrument executed by such Attorney(s)-in Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and
attested to by the Secretary of the Company.
I,Thomas E.Huibregtse,an Assistant Secretary of the United States Fidelity and Guaranty Company,do hereby certify that the foregoing are true excerpts
from the Resolutions of the said Company as adopted by its Board of Directors on September 24,1992 and that these Resolutions are in full force and effect.
I,the undersigned Assistant Secretary of the United States Fidelity and Guaranty Company,do hereby certify that the foregoing Power of Attorney is in full
force and effect and has not been revoked.
In Testimony Whereof,I have hereunto set my hand and the seal of the United States Fidelity and Guaranty Company,
on this ( — day of ,19 fp
µa l ,� ,,.. 7 t= ,Y,�c . . .-
. Assistant Secretary
fin Ar
FS 3(12/96) 'r
_.._ . + DATE(MMIDDMO
ac_oRERYIFICAT� O� LIABILIY iNSU;RANCEz "1SED 02-14-97
.�....�kG., ,,,,,°' :'taii. -.:', ronC _ _ro.. ` -.. jzd p� .44.,.644.0 `4.. 4 ... .GGr,' r-,..
PRODUI.).:R THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE •
FIRST WESTERN INSURANCE , INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
399 N. 117TH ST, STE 401 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
OMAHA, NE 68154-2554 • COMPANIES AFFORDING COVERAGE
COMPANY
A MONTICELLO INSURANCE COMPANY
INSURED GILBERT R. JOHNSON DBA COMPANY I
HARRY A. KOCH TRAP & SKEET '
RANGE CONCESSION ; COMPANY
6802 HARRISON STREET
OMAHA, NE 68157 COMPANY
D
COVERAGES' ' - ' ; •i- s.a rr.r ". _ ;�.a ::..z 4i,, ;: ?k,_ ,:.e ms .1:r..
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 B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO : POLICY EFFECTIVE;POLICY EXPIRATION
LTR TYPE OF INSURANCE POLICY NUMBER DATE("°^DD:YY) DATE(M;.,:CMYY) ' LIMITS
GENERAL LIABILITY MCL338138 02 06 97 02 06 98 GENERAL AGGREGATE S 1,000,000._
A X COMMERCIAL GENERAL LIABILITY ; : PRODUCTS-COMP/OP AGG S EXCLUDED
CLAIMS MADE X i OCCUR PERSONAL&ADV INJURY S EXCLUDED
OWNER'S&CONTRACTOR'S PROT i EACH OCCURRENCE S 500,000.
FIRE DAMAGE (Any one fire) . S 50,000.
MED EXP (Any one person) s EXCLUDED
AUTOMOBILE LIABILITY
_— COMBINED SINGLE LIMIT S
ANY AUTO —_
ALL OWNED AUTOS - BODILY INJURY ' s
SCHEDULED AUTOS i (Per person)
HIRED AUTOS !
BODILY INJURY
(Per acc
NON-OWNED AUTOS
' ' PROPERTY DAMAGE • S
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S
ANY AUTO ' OTHER THAN AUTO ONLY:
EACH ACCIDENT S
AGGREGATE : 5
EXCESS LIABILITY EACH OCCURRENCE S
i
UMBRELLA FORM ;AGGREGATE S
OTHER THAN UMBRELLA FORM i ! ! S
WORKER'S COMPENSATION AND . i TORY LIMITS OH-Y MIT ER
EMPLOYERS'LIABILITY J
•
EL EACH ACCIDENT 3
THE PROPRIETOR/ ;INCL ! :EL DISEASE-POLICY LIMIT S
PARTNERS/EXECUTIVE '
OFFICERS ARE: : EXCL i EL DISEASE•EA EMPLOYEE: S
OTHER
;APPROVE S;TO,F,Rw,
I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAL ITEMS 0/. 1 <--
CONCESSION STAND ASSISTANT ore ATTONNIN
CITY OF OMAHA IS ADDITIONAL INSURED PER CG2012
ti c ',„ ,"_ -,- ";CANCELEATION*7—7 MPAI, ':r' ems-ITr. r ;;-1
.•CERTIFICATE::HOCDER?, .. ' `=Tat - .-. x .;: _.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
ATTN: JAY ROBBINS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
PURCHASING DIVISION -CITY OF OMAHA 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
1819 FARNAM STREET, STE 1003 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OMAHA, NE 68183-1003 OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED R£PRESENTAT7E
ell
ACORD:25S'(1/95). ':. ,: ,g s ,> .:. 7 ,.. 7: x.. ., _.- . ACORD-C PO.RATIO
-
(11-85)
•
P_OLIc-.':NUMBER: MCL 338138 .
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG20121185
ADDITIONAL INSURED STATE OR POLITICAL SUBDIVISIONS-PERMITS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
State or Political Subdivision:
City Of Omaha, Nebraska
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured any state or political subdivision shown in the
Schedule, subject to the following provisions:
1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or
political subdivision has issued a permit.
2. This insurance does not apply to:
a. "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of operations per-
formed for the state or municipality; or
b. "Bodily injury" or "property damage" included within the "products-completed operations hazard".
•
•
°AUTHENTIC° iZ
'+- Copyright, Insurance Services Office, Inc., 1984
:i: :;_..,. . .: ;;:: ::: ;:::asEE::::.:.:„: :`.::::7i: `:.:. ::::;E:i::ii i.... ..... ISSUE DATE (MM/00/YY)
* .. .
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
ROE AGENCY INC DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
500 N. 156TH STREET POLICIES BELOW.
BENNINGTON NE 68007 COMPANIES AFFORDING COVERAGE
COMPANY A
LETTERROYAL INSURANCE COMPANY OF AMERICA
26Y8Y
COMPANY B
LET
TER
INSURED
COMPANY
JOHNSON, GILBERT R. DBA HARRY LETTER C
A. KOCH TRAP & SKEET RANGE
6802 HARRISON STREET COMPANY D
LEE ER
OMAHA NE 68157
COMPANY E
LETTER
I:.CO .ERA .............. ..
ii: ;::::;;i::35;::;i::;::iii:�i::i:::::::;:;;.:;.::::
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,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ICO POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPE OF INSURANCE POUCY NUMBER DATE(,MM/DO/YY) DATE(MM/DD/YY) UMITS
' I GENERAL UABIUTY GENERAL AGGREGATE IS
nCOMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. I S
CLAIMS MADE OCCUR. PERSONAL d AAV.INJURY I S
I OWNER'S 1.CONTRACTOR'S PROT. EACH OCCURRENCE I S
L� -. FIRE DAMAGE(Any one fire) I s
I IMED.EXPENSE(Any one person)!S
AUTOMOBILE UABIUTY COMBINED SINGLE S
I I ANY AUTO LIMIT
I l ALL OWNED AUTOS BODILY INJURY S
I I SCHEDULED AUTOS (Per Person)
HIRED AUTOS BODILY INJURY
5
I (NON-OWNED AUTOS (Per Accident)
I I GARAGE LIABILITY
PROPERTY DAMAGE S
I EXCESS LIABILITY I EACH OCCURRENCE S
Iri UMBRELLA FORM AGGREGATE S
I OTHER THAN UMBRELLA FORM •
I STATUTORY ORY UMITS
A I WORKER'S COMPENSATION 871V7432 02-06-97 02-06-98
EACH ACCIDENT S 000 100000
AND DISEASE-FOUC(UMIT S 000500000
EMPLOYER'S UABIUTY DISEASE-EACH EMPLOYEE S 000100000
I OTHER
APPROVE' ' TO F
i
ve/
r,
DESCRIPTION OF,OP£RAT1ONS/LOCATIONSNEHICLES/SPECIAL ITEMS
ASSISIMrco'i,AiTOr NCY
OPERATIONS: SHOOTING RANGE
GILBERT JOHNSON IS EXCLUDED FROM COVERAGE
THERE ARE NO ADDITIONAL INSUREDS COVERED BY THE WORKERS COMP POLICY
THIS REPLACES ANY PRIOR CERTIFICATE ISSUED TO THE CERTIFICATE HOLDER AFFECTING WORKERS COMP COVERAGE.
CERTICEiE.,4
F.1CA7E.F�40t.::£3ER <.;;:. .;:.:: : . ......:.: ::.:............:.:::::::::::::::::::.::::......::::::::::::::::::::::::..::...........................
CITY OF OMAHA — PURCHASE DEPT >: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
ATTN JAY ROBBINS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO I
1819 FARNAM STREET MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE •
OMAHA NE 68183 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
iii LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
10 AUTHORIZED REPRESENTATIVE ``_-E i .� 7
.. .. ....................... ..............:..:::. : : . .,; ..
.. ; :.;:::
: >::;<:::>::::::>: :>;::
;: ::::>:::i:< : :: ;;::..ACORD:;CO;RR
..... TIC"‘
I ACORD 2S=S'(7/90).. :<
•
•
Royal insurance • ?
97 UN
CERTIFICATE HOLDER AMENDMENT NOTICE
POLICY NUMBER (6R23-UB-871V743-2-97)
CANCELLATION EFFECTIVE DATE: 06-12-97
Cancellation Notice: Please take notice that the Policy Number
designated above, issued to the Insured named
below, has been canceled . Your interest under
the Policy is canceled effective on the date
stated above.
Insured: Certificate Holder:
JOHNSON, GILBERT R. DBA HARRY CITY OF OMAHA - PURCHASE DEPT
A. KOCH TRAP & SKEET RANGE ATTN JAY ROBBINS
6802 HARRISON STREET 1819 FARNAM STREET
OMAHA NE 68157 OMAHA NE 68183
WRITTEN NOTICE IS HEREBY GIVEN TO YOU AS THE PERSON TO WHOM A
CERTIFICATE OF INSURANCE WAS ORIGINALLY ISSUED.
THIS NOTICE IS GIVEN ONLY BY THE COMPANY OR COMPANIES WHICH ISSUED
THE POLICY DESIGNATED ABOVE .
DATE OF ISSUE: 05-28-97 ER ST ASSIGN: NE
OFFICE : ROY-ORL 829 DISTRICT: C-Ol
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�,' CITY OF OMAHA
REQUEST FOR BID AND BID SHEETCF .4- •
ON OPERATION OF THE HARRY A.KOCH
'FROM: P.M.Burke TRAP AND SKEET RANGE Published August 08, 1997
City Purchasing Agent
1003 Omaha-Douglas Civic Center NOT AN ORDER Page 1
1819 Farnam Street
Omaha,Nebraska 68183-0011
BID BOND OR CERTIFIED CHECK REQUIRED IN THE
AMOUNT OF
$1,000.00
Bid Closing Date August 27, 1997
11:00 A.M.
IMPORTANT 4.If Federal Excise Tax applies,show amount of same and deduct.
Exemption certificates will be furnished. Do not include tax In bid.
1. Bid must be in the office of the CITY CLERK,LC-1, OMAHA-DOUGLAS
CIVIC CENTER,1819 Famam Street,Omaha,NE 68183-0011 by the 5.BID MUST INCLUDE ANY DELIVERY OR SHIPPING CHARGES.
closing date and time indicated,in sealed envelope marked BID ON 6.When submitting bid on items listed,bidder may on a separate sheet,
OPERATION OF THE HARRY A.KOCH TRAP&SKEET RANGE make suggestions covering reduction in costs wherever this is
2. As evidence of good faith a bid bond or certified check must be possible through redesign,change of material or utilization of standard
submitted with bid. FAILURE TO DO SO IS CAUSE FOR REJECTION. items or quantity change.
3. Right is reserved to accept or reject any or ail bids in their entirety and 7.If you do not desire tc bid,return sheets with reasons for declining.
the bidders shall have the right to appeal any decision to the City Failure to do so will indicate your desire to be removed from our
Council. Right is also reserved to accept or reject any part of your bid mailing list. If you desire a copy of tabulation check( I.
unless otherwise indicated by you. Please do not call for this information.
Quote your lowest price,best delivery and terms,F.O.B.delivery point on the items(s)listed below:
This is to certify that the undersigned has read and examined(a)the advertisements,(b)the requirements for bidding and
instructions to bidders and(c)the Agreement which details the requirements,obligations and specifications
pertaining to the concessions at the Harry A. Koch Trap&Skeet Range at Seymour Smith Park,72nd&Harrison Streets,
Omaha, Nebraska; and,that the bidder has made all the examinations and investigations required by said documents.
,c. / Aire 3
BIDDER ACKNOWLEDGES RECEIPT OF ADDENDA NO. iQ LL ,through
ALi-
4,00
It is understood(a)that as to the contract which may be awarded upon this proposal,the Contract period will be the term as
described within the Agreement - hereinafter agreed upon;and(b)that it is the intention of the Parks, Recreation
and Public Property Department that the Agreement shall be awarded to the bidder regarded by the City of Omaha as
having submitted the highest and best proposal, having regard for his fitness and capacity to furnish the services herein-
after detailed as considered by said Parks,Recreation and Public Property Department best to meet the requirements of
the Parks, Recreation and Public Property Department.
It is understood that the successful bidder shall have at least five(5)years experience in the management,operation and
equipment maintenance of a trap and skeet range and such experience shall be within the last ten(10)years and the
All bidders awarded arcontract in the amount of$5,000 or more must comply with the Contract Compliance Ordinance and have on file with the Human
Relations Department the Annual Contract Compliance Report(Form CC-1).This report shall be in effect for 12 months from the date received by the
Human Relations Department.Any questions regarding the Contract Compliance Ordinance should be directed to Contract Compliance Officers Rita
Vlademar at(402)444-5067 or Tony Acosta at(402)444-5053;however,please refer any questions regarding the REQUEST FOR BID or
SPECIFICATIONS directly to the Purchasing Department(402)444-5400 or as shown on bid.
(Please Print
Legibly or Type) .t• ter ANY
, V P ,. ,S'kGC` RAN9"
Payment Terms °.6 Firm(r//.6ei t Il�fuofj43oN ASA /A A, koch Incorporated In
Delivery(or completion) Name lT f/�G Ili! R• so a Lad P1 Signature i��k��t'�- "'
calendar days following award Title CO NC C S S/O 1 dd A/R.v Phone 9O, 33I l a y q Fax Q
Address S gaa hiA tieI•s0 N ST. L A•V/s7i9 AlfI� p /-2 Q
HP-8B (94) Street/P.O.Box City State Zidk,
• CITY OF OMAHA
REQUEST FOR BIDS
ON OPERATION OF THE HARRY A. KOCH
TRAP AND SKEET RANGE
NOT AN ORDER Page 2
Concessionaire shall submit a written detailed description of his/her trap and skeet range experience with the bid. The
successful bidder must have the working operation and repair knowledge of the trap and skeet machines and must submit
a written description of his/her experience with these machines along with this bid. Any bid submitted which does not
include written documentation evidencing that the bidder has the requisite qualifications shall be deemed to be a non-
conforming bid and will be rejected.
On the foregoing,understand that the bidder hereby offers and proposes to furnish all material and labor necessary for the
operation of the Harry A. Koch Trap and Skeet Range at Seymour Smith Park, in accordance with the provisions of the
attached Agreement for the Harry A. Koch Trap&Skeet Range.
The Concessionaire agrees to pay to the City each year during the term of this Agreement ONO Aai/ percentage
of annual gross receipts as defined in Article III of said Agreement and Lease. Estimated annual gross receipts reported
by the City for the current operations are: 1994-$123,299.00; 1995—$124,812.00; 1996—$118,365.00.
The bidder hereby agrees to provide to the City of Omaha all services,material,taxes,insurance royalties,transportation
charges,use of all necessary tools and equipment,supervision,inspection and tests of materials,bond and overhead
expense, all equipment furnished in accordance with the requirements of the contract documents considered severally
and collectively.
It is understood that the contract documents shall consist of the advertisement,the requirements for bidding and instruction
to bidders,this proposal,the Agreement covering the"Operation of the Harry A. Koch Trap&Skeet Range",and the duly
executed agreement proper;that,said documents are complementary and that which is required,shown or specified by
any one of these,shall be as binding as if required by all.
The bidder hereby represents that the financial proposal contained in this proposal is neither directly nor indirectly the
result of any agreement or any secret understanding with anyone with respect to any provisions contained in this proposal.
In accordance with the requirements for bidding and instructions to bidders,there is deposited herewith a bid bond or a
certified check payable to the order of the City of Omaha,in the sum of$1,000.00.
It is agreed that,in the event the bidder is awarded a contract based on this proposal,or a part thereof and fails or refuses
to execute a written contract or fails to furnish a performance bond within ten days after the award of said contract,the sum
deposited herewith shall be retained by the City of Omaha as liquidated damages and not as a penalty, as it is expressly
agreed that said sum is a fair measure of the damages which will be sustained by the City of Omaha in case of any such
failure or refusal on the part of the bidder. The said sum,however,will be returned to the bidder,if and when he shall
G//6tiet. TO11NJo,ci ZY A
SIGN ALL COPIES Firm /�,/jQ,P/�}r �0C i( Tif'/�6 4. S�'F�`61Ptc Alf
By
Title Got' - 'v•✓A�
PH-8C (91) CONTINUATION SHEET
CITY OF OMAHA
REQUEST FOR BIDS
ON OPERATION OF THE HARRY A. KOCH
TRAP AND SKEET RANGE
NOT AN ORDER Page 3
faithfully keep and perform all of the conditions set forth in the advertisement and the requirements for bidding and
instructions to bidders,and furnish an acceptable surety bond.
1
NOTICE: Unless the foregoing proposal is free from alterations,additions and deductions and unless the name of the
bidder as signed thereto is complete and correct,in accordance with the instructions to bidders, it may be rejected as
informal.
Questions regarding this bid may be directed to James Kresnik at 402-444-5932.
NOTE; REQUIREMENT FOR$1,000.00 BID BOND.
The surety company issuing said bond should be licensed by the State of Nebraska and listed on the current edition
of Circular 570 of the United States Department of the Treasury.
.ollvsola .04,A
SIGN ALL COPIES FirmfiAjoizA i,'Ljii ?/t°4o I`'.S�'C /P4N,t.
BY
Title GoAvc.essio,/Mlie"e
PH-8C (91) CONTINUATION SHEET
RESUME
Gilbert R. Johnson
For the past eight years I have been your
concessionaire at the Harry A. Koch Trap & Skeet
Range. I am confident that I have the character
and fitness to continue as your concessionaire for
the next contract term.
During the last eight years we have made many
improvements. During that time all monthly
payments were made on time to the city. There
have been no complaints on the operation of the
club.
I promoted and received with the approval of the
city over $ 35,000.00 for new equipment from a
corporation. I will be continuing my efforts for
further donations. I have several individuals and
corporations willing to help the club in the future.
My goal is to have all new equipment for the club
within the next five years at no expense to the
city.
In regards to the machines used to throw the
targets. In the last few years there has been a new
generation of machines manufactured which are
much better than the old equipment.
I have been involved in the shooting of trap and
skeet for over thirty years. During that time I have
worked on all kinds of equipment from the old
through the new.
I have always done the repairs on the equipment
here at the range. When I took over the range
eight years ago all the equipment was in need of
extensive repairs. I spent that first winter
overhauling all the machines. Now with preventive
maintenance all the machines are in working
order.
Remington, Winchester, Pat Trap,Super Star,
Beomat are just a few of the machines that I work
on.
Since I started shooting trap & skeet I have
always tried to help out and learn all the aspects
of the sport.
I was one of four directors of the Yutan Gun Club
when we lost our lease and had to rebuild. We
rebuilt that facility from the ground up and now it
is one of the nicer clubs in the state. You learn the
other side of the sport when you have to do the
construction.
I was a state director of the Nebraska
Trapshooting Association for approximately
fifteen years, and presently I am a director of the
Nebraska Skeetshooters Association. You are
elected to these positions by the membership. It is
nice to know that the shooters are willing to honor
you for your judgment and hard work by electing
you to represent them. To my knowledge I am the
first person in Nebraska to ever have held elective
office in both sports!
I!-
•
All my working life I have had jobs dealing with
the public. Several assorted sales jobs. Twenty
one years as a Commercial Pilot and for the last
eight, Concessionaire of the Harry A. Koch Trap &
Skeet Range.
My personal shooting career has been very
rewarding. Over the past thirty years I have made
All American, inducted into the Nebraska
Trapshooting Hall Of Fame, National Champion in
1979, member of over twenty All State Teams, and
winner of hundreds trophies and lesser honors.
As you can see I may be one of the luckiest.
people around because I have been able to make
a living for the past eight years at my hobby! It is
easy to work very hard at something you enjoy.
I can insure that as your Concessionaire I will
continue to work very hard at running and
promoting the Trap and Skeet Range and the City
of Omaha. THANK YOU!!
Sincerely
Gilbert R. Johnson
C-25A ` CITY OF OMAHA
• LEGISLATIVE CHAMBER
Omaha,Nebr September 30 19 97
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS,the City of Omaha is the owner of a recreation facility commonly known
as the Hairy A.Koch Trap and Skeet Range located in the City of Omaha's Seymour Smith Park at
6802 Harrison Street: and,
WHEREAS,bids were received on August 27, 1997,for the operation of the Harry
A. Koch Trap and Skeet Range; and,
WHEREAS,Gilbert R.Johnson submitted a bid of 20.1%,return of gross receipts to
the City,being the highest and best bid, within bid specifications,for operation of this trap and skeet
range; and,
WHEREAS,Gilbert R.Johnson has complied with the City's Contract Compliance
Ordinance No. 28885 in relation to civil rights-human relations;and,
WHEREAS,it is in the best interests of the citizens of the City of Omaha to enter into
a Concession Agreement for the management and operation of the Harry A.Koch Trap and Skeet
Range with Gilbert R.Johnson; and,
WHEREAS,the Mayor has recommended acceptance of this bid and approval of the
attached concession agreement; and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT,as recommended by the Mayor,the bid of 20.1% (return of gross receipts to
the City) from Gilbert R. Johnson for the operation of the Harry A. Koch Trap and Skeet Range,
being the highest and best bid received, is hereby accepted. and the attached Concession Agreement
approved.
P:\PRPP'6730.SKZ APPROVED AS TO FORM:
aA/14., 9-/ -92
AS ANT CITY ATTORNEY DATE
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