RES 1996-0150 - Agmt with Player's Pantry Inc for refreshment concessions at softball and baseball complexes 1
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® f�[ �!* January 23, 1996 96 ,; 1;�.1 fl • :;.io.: •�
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O�'��D FEBRUr�y Honorable President • CITY C!E r,N
City of Omaha r I 1
�T,
Hal Daub,Mayor and Members of the City Council,
Parks,Recreation& .
Public Property Department
Omaha/Douglas Civic Center The purpose of the attached resolution is to approve a three year extension of
1819 Farnam Street,Suite 701
Omaha,Nebraska 68183-0701 the agreement between the City of Omaha and Player's Pantry Inc. for the
(402)444-5900 provision of refreshment concessions to be sold at Seymour Smith Softball
FAX(402)444-4921 Complex, Seymour Smith Baseball Field, Dill Softball Complex, Kelley
JerryD.Parks Softball Complex, Tranquility Softball Complex and N.P. Dodge
Director Softball/Baseball Complex.
The City of Omaha and Player's Pantry Inc. on April 13, 1993, entered into a
three year agreement,the terms of which provided for one additional three year
extension, with City Council approval, at the sole discretion of the City, with
the same price, terms and conditions. The Parks, Recreation and Public
Property Department recommends this extension for 1996, 1997 and 1998.
Your favorable consideration is requested.
espect 3submitted, Referred to City Council for
for Consideration:
�'%' /— 5-9
Jerry D. Parks, Director
Parks, Recreation and Mayor's Office/T.
Public Property Department
Approved as to Funding: Approved:
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Louis A. D'Ercole George . av4s, Jr.
Acting Director Acting irector
Finance Department Human Relations Department
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AGREEMENT
THIS AGREEMENT,made this 30 1( day of ç ,19 5Y ,
between the City of Omaha, a Municipal Corporation in Douglas County, Nebraska, hereinafter
referred to as "City", and Players Pantry, Inc., hereinafter referred to as "Concessionaire".
WITNES SETH:
WHEREAS, City heretofore advertised for sealed bids for the exclusive refreshment
concession at the softball/baseball complexes; and,
WHEREAS, Concessionaire submitted a bid in response to such advertisement and agreed
to pay annually for a period of three(3)seasons the following percentages upon the following gross
receipts,after first deducting therefrom any Federal, State,County,Municipal or other governmental
body, taxes, import, duty or fee which shall constitute a direct charge of imposition on sales.
The following percentages of annual gross sales hereinafter set forth realized by
Concessionaire, and will apply to each location.
20% of all sales
WHEREAS,this Agreement is entered into subject to the following conditions:
1. Concessionaire shall not discriminate against any employee applicant for employment
because of race,religion,color, sex or national origin. Concessionaire shall take affirmative action
to insure that applicants are employed and the employees are treated during employment,without
regard to their race, religion, color, sex, or national origin.
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2. Concessionaire shall, in all solicitations or advertisements for employees placed by
or on behalf of Concessionaire, state that all qualified applicants will receive consideration for
employment without regard to race,religion, color, sex, or national origin.
3. Concessionaire 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 of Omaha and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. Concessionaire 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 5.28.070 to
5.28.090, 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 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.
5. Concessionaire 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, provided, however, that in the event the contractor
becomes involved in or is threatened with 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 contractor or the City may request the United States to enter into such litigation to
protect the interests of the United States.
sty.
6. Concessionaire shall file and shall cause his subcontractor, 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 5.28.080 in every subcontract or purchase order
so that such provisions will be binding upon each subcontractor or vendor.
WHEREAS, City accepted said bid by Resolution No. , passed by the City
Council on
NOW,THEREFORE, in consideration of the foregoing and the covenant herein contained,
City grants the Concessionaire, and Concessionaire hereby takes the exclusive refreshment
concession at the said location(s),for term commencing January 1, 1996, and ending December 31,
1998, and the parties hereto agree to perform any and all things, acts, covenants and conditions
required to be done by each said party in the operation of said refreshment concession, as set forth
in the specifications and bid documents, the terms of which are considered as a part of this
agreement. In the event that Concessionaire shall fail to comply with all the conditions and perform
the agreement in accordance with the contract specifications, said agreement may be cancelled as
provided in said contract specifications.
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IN WITNESS THEREOF, City has caused these presents to be signed by its Mayor and its
corporate seal to be hereunto affixed,and Concessionaire has hereunto set his hand and seal (or, has
caused these presents to be signed by its President and its corporate seal to be hereunto affixed)the
day and year first above written.
ATTEST: CITY OF 0ev- • ,a M 'c'pal Corporation
gr- /
54t6 t , _ -' By 4
City Clerk the City •, Omaha Mayor of the City of Omaha
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SEAL
ATTEST: CONCESSIONAIRE: Player's Pantry Inc.
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94--."-N 2
By e .
Witness
APPROVED AS TO FORM:
a/l-TA----------
ASSI. ANT CITY ATTORNEY
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Chastain-Otis Inc. -DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
10235 Regency Circle Suite 220 POLICIES BELOW. .
Omaha NE 68114-3766 COMPANIES"AFFORDING COVERAGE
Donald R. Otis
402-397-2500 COMPALErmR A Columbia Insurance Group
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COMPANY B
LETTER
INSURED
COMPANY `.
LETTER
Player's Pantry COMPANY
Cheryl Klug dba LETTER L.
3362 South 108th Street COMPANY
Omaha NE 68144 •
LETTER E
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.
CO POLICY EFFECTIVE POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER
LTR • DATE(MM/DO/YY) DATE(MM/DD/YY) LIMITS
GENERAL LIABILITY GENERAL AGGREGATE S 1,0 0 0,000
A X COMMERCIAL GENERAL LIABILITY N201223442 05/01/95 05/01/96 PRODUCTS-COMP/OPAGG. S 1,000,O00
CLAIMS MADE i X OCCUR. PERSONAL&ADV.INJURY $ 500,000
OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 500,000
FIRE DAMAGE(Any one fire) $ 50,000
MED.EXPENSE(Any one person $ 5,000
AUTOMOBILE LIABILITY COMBINED SINGLE
ANY AUTO LIMIT
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) S
HIRED AUTOS BODILY INJURY
(Per accident)
NON-OWNED AUTOS
GARAGE LIABILITY
PROPERTY DAMAGE $
EXCESS LIABILITY EACH OCCURRENCE S
UMBRELLA FORM AGGREGATE $
F .............................UMBRELLA ... ... ........ ....
OTHER
THAN U FORM LLA O E
WORKERS COMPENSATION N211223442 05/01/95 05/01/96 : STATUTORY LIMITS
WORKER'S EACH ACCIDENT $ 1.00,000
AND - DISEASE—POLICY LIMIT $ 500,000
EMPLOYERS'LIABILITY Jp QR
Q�^v�f pt S�F E0 %I. • S rOOO
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OTHER ;(
/ J ASSISTANT CITY ATTORNEY
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DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS V
City of Omaha is an ADDITIONAL INSURED for operations by Players Pantry.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO
City of Omaha Park & Rec Dept MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
ATTN: John Niksick LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
Civic Center LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
1819 Farnam, Room 701
Omaha NE 68183 AUTHORtSENTATIVE
::Don Otis
AT1 O,
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Continuation Certificate The Hartford Insurance Group
Hartford Plaza
Hartford,CT.0,5115
The HARTFORD FIRE INSURANCE COMPANY (hereinafter called the Company)
hereby continues in force its Bond No. 4572739
in the sum of Five Thousand and No/100
$5, O0.00 Dollars,
on behalf of Player's Pantry,Inc.
in favor of City of Omaha,Nebraska
for the(extended) term beginning on December 31, 1995 ,and ending on December 31,1998
subject
to all the covenants and conditions of said Bond,said bond and this and all continuations thereof being one
continuous contract.
This Continuation is executed upon the express condition that the Company's liability under said Bond and
this and all continuations thereof shall not be cumulative and shall in uo event exceed the sure of
Five Thousand and No/100
$5,000.00, Dollars.
IN WITNESS THEREOF,the Company has caused this instrument to be signed by its officers proper for the
purpose and its corporate seal to be hereto affixed on 18—Oct-95 .
By:
LuellaJ.Gustafson Attorneyin fact
Attest
' ' TO RM:
t3oraD No. 4672739
``, ' HAPTFO THE .
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low All Men By These Presents,
hat we, PLAYER' S PANTRY, INC. •
3362 SOUTH 108TH STREET. OMAHA. NE 68123
as Principal,
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d Hartford Fire Insurance Company , a corporation organized
CONNECTICUT , having its principal office in the City of . A,�BRV EJ.J..E,_Z under the laws of the State
held and firmly bound unto THE CITY OF OMAHA, NEBRASKA as Surety,
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.he sum of FIVE THOUSAND AND NO/100 -Dollars S ul money of the United States, for which paymenty ( lv 000.DO ,)
inistrators, successors and assigns,jointly and severally, firmly by themse present d ourselves, our heirs, executors,
areas, the above bounden Principal has been granted a- WRITTEN AGREEMENT, DATED MARCH 1, 1993, UNDER
TERMS OF WHICH THE OBLIGEE GRANTS TO THE PRINCIPAL THE RIGHT TO OPERATE REFRESHMENT
(CESSIONS AT SEYMOUR SMITH SOFTBALL COMPLEX, SEYMOUR SMITH BASEBALL •FIELD, DILL SOFTBALL
.PLEX. KELLEY .SOFTBALL COMPLEX, TRANQUILITY SOFTBALL COMPLEX AND N.P. DODGE SOFTBALL/
:EBALL COMPLEX.
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v,Therefore,the Condition of this Obligation is Such,that if the above Principal shall indemnify and save harmless the
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nst loss to which the CITY OF OMAHA, NE
be subject by reason of said Principal's breach of any ordinance,rule or regulation relating to the above described
:se or permit. then this obligation shall be null and void, otherwise to remain in full force and effect.
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term of this bond is for a period beginning on the 1ST
MARCH , 1993 and ending on the 31ST day of
DECEMBER . 1995 day of
ause of action shall lie against the surety unless commenced within two years from the date the
es against the principal. cause of action
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d. sealed and dated this 1ST day of MARCH, 19 93.
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PLAYERS PANTRY, INC. (Seal)
3C (Seal)
surrt, Hartford Fire Insurance Company
PO BOX 3057, NAPERVILLE, IL 60566-7057
- _ - 8Y' c� (Seal)
o.
MARY P. tL ENA, �A„ j-acaci
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3514-1 Printea in U.S.A.
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.Yt HARTFORD FIRE INSURANCE COMPANY
Pia rtford,Con neon(tn '
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POWER OF ATTORNEY
Know all men by thecae Preeents, Thai the HARTFORO FIRE INSURANCE COMPANY. a
corporation duty organized under the laws of the State of Connecticut,and having Its principal office In the City of Hartford,
County of Hartford, State of Connecticut,does hereby make,constitute and appoint E. FOX,
K. CESAFSKY, NAN-YI CEPS, HARIANNE VOSS, GATLE BROOKS, MIRY
LUELLA J. GJSTAFSON, COfiiNIE F. YAGINUHA, JUDY LEHNA.YN, VARY P. ELLENA and
PENNY L. ALEXANDER 'of NAPERVI.LLE, ILLINOIS
its true and lawful Anomey(s)-in•Fact, with full power and authority to each of said Attomey(s)-in-Fact. in their separate
capacity it more than one Is named above,to sign.execute and acknowledge any and all bonds and undertakings and other
writings obrgatory In the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of parsons
holding places of public or private trust: guaranteeing the performance of contracts other than Insurance policies:
guaranteeing the performance of insurance centre=where surety bonds are accepted by states and municipalises,and
executing or guaranteeing bonds and undertakings required or permitted In all actions or proceedings or by law allowed,
anti to bind the HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the aarne extent as if such bonds and
undertakings and other writings obligatory in the nature thereof were signed by an Ezecirlive Officer of the HARTFORD
FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers.end hereby ratifies and confirms all
that its said Attorrtey(s)-in-Fact may do in pursuance hereof.
This power of attorney is granted by and under authority of the following provistorts:
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(1)Sy-Laws adopted by the Stockholders of the HARTFORD FIRE INSURANCE COMPANY at a meedng duty called
and held ort tee eth day of Matta, 1871.
ARTICLE N
SECTION 8,TPA Prcteleent or arty V1rr-Preeldent,acsrg with any Secretary or As_deate Secretary,ahs.t haw power and authority a G.Opoht.for
puroosea only of asacutln0 and ataaetlng b-.rtda and txdertakeiga and odxr wntlrys ow.;awry In the nature tr1ereof.one armors Redideni Vtoa•Presidents.
Resiba't Aseigant SAmnRes and Anorneys•rn•Face and at any glee t0 remove arty suet Resident Vic.President,Residers Assistant Secretary,or
A..-,.,..,..•reci.and rroCa Ste p>ru and xttwrtty given to hen. t
. SECTION 11.AtIDrneyra+•Faa,hall haw power and au,tn:1.y.subject to the terms end IMtaliona of the power of 'norney leaved a them.to
exec.=end deCr er an bahalt or rig Corn:Anfy end►o mach the sail of the Cuepahy thereto sny and al bonds and 1.1.Zert3ldnga.and otter wridrga
oaUpatory In ate netaa thereof,and any watt inaaurrtonr executed by any soon n Atto ey in-Fact pal be as txndrg upon the Ccmpeny ae tl etgned by
en£ax- rc�re O"6cer and exceed and oaertad by one cuter of&mit Off.. .
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(2)Excerpt from the Minutes of a meeting of the Board of Dlreeors at the HARTFORD FIRE INSURANCE COMPANY
duly called and held on the 12th day of October, 1994. •
RESOL`ED Roroeft N.H.serer,A..t,t-ent Vice-Fnxident end Laura A.SMtwlen,Aastalant Vke•Prealdertt shall each haw.as long ss eacn rags
. . with 0Fce,due=tree pon'er u any'1, -Prrstbent under SsCUrte 8,7 and 8 of Make N of to 8y-Laws d the Cambery,namely;to accc'rit by a Ftwer
d At- ire ,(or pun7sas only cf ezeci-4r9 and tna1dr+9 t4-7-43 and urnderstirgs and error,'reftrv.coltgaexy in true nature trtereol.ens or more resident
VicerFt sperm,resident Aeeicant Secrets-lea and Ae rneeeteFect.
This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted
by the Directors at the HARTFORD FIRE INSURANCE COMPANY at a meeting duly called end held on the 12th day of
October, 1990. ,
F53OIVt_D,that the atgnetuae of such Criers and the weal of the Company rnev be anelted to any etude power of attorney or to any f en:teeats •
relating thereon try'amanita,and any such power of attorney or rnrdf to a beerirng dud)fs=srnae bantam,/or facalmhe deal ere be Yard end finding
upon the Company and dry Goan power so executed n c ed syntaxes and facarr s sad mall be veld and bindVq upon the Company
in the f.rtt,re.rith roe,ri•.'t`a my bond or uraarurirq I
In YAltnees whereof, the HARTFORD FIRE INSURANCE COMPANY hes caused these presents to be signed by
its Assistant Vice-President, and its corporate seal to be hereto affixed. duty crested by Its Secretary, this 1st day of
May, 1491.
HARTFORD FIRE INSURANCE COMPANY
Attest.
-►y�� .Get CirttOi a I `:'tits±' `
Richard R.I1emlar.son j
Secretary --'1`.....- Bourse N.H.Saner
STATE OF CONNECTICUT i "— AGshtarVice-Prastdear .
aa.
COUNTY OF HARTFORD
On this 1st day of May,A.D. 1991, before me personally came Robert N.H. Senor:to me known,who being by me duly
sworn, did depose and say. that he resides In the County of Hartford, Slate of Connecticut; that he is the Assistant
Vice-President of the HARTFORD FIRE INSURANCE COMPANY,the corporation described In and which executed the
above instrument: that he knows the seal of the said corporation; that the seal affixed to the said Insvumerit Is such
corporate seal;that It was se affixed by order of the Board of Directors of said carppratlon and that he signed his name
thereto by hike order.
� .. G1
STATE OF CONNECTICUT0 ,N.`Nosy-Zak
eft
)} Notary Pith^
COUNTY OF HARTFORD ty G„nisei rn tcselrra harsh 71,terse
CERTIFICATE •
I.the undersigned,Assistant Secretary of the HARTFORD FiRE INSURANCE.COMPAN,a Connecticut Corporation.
• OO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been
revoked:and furthermore,that the Resolutions of the Beata of Directors.set forth In the Power of Attorney,are claw in force.
Signed and sealed at the City of Hartford. Dated the 1ST day of MARCH, 1993.
�itii.T'itit .. '
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Sp t".,
,„ - David A.Jon.
aaataran(Secretary
tom.S-ae07-8 (HF) Prato d kr U.SA.
�-ZSA
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebr January 23 19 96
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha and Player's Pantry Inc. entered into an agreement
on April 13, 1993,for the provision of refreshment concessions to be sold at Seymour Smith Softball
Complex, Seymour Smith Baseball Field,Dill Softball Complex,Kelley Softball Complex,Tranquility
Softball Complex and N.P. Dodge Softball/Baseball Complex, for a period of three years ending
December 31, 1995; and,
WHEREAS, such agreement and specifications incorporated therein provide that the
agreement may be extended with City Council approval, at the sole discretion of the City, with the
same price, terms, and conditions,for one three year period; and,
WHEREAS, the City of Omaha desires to extend such agreement for a three year term
beginning January 1, 1996,and ending December 31, 1998; and,
WHEREAS, authority for such extension has been approved by Ordinance No. 32273
and the agreement and bid specifications of November 18, 1992, attached thereto and passed on April
13, 1993; and,
WHEREAS,it is in the best interest of the citizens of the City of Omaha to extend this
agreement for three additional years; and,
WHEREAS,the Mayor has recommended that the extension of this agreement for the
years 1996, 1997 and 1998 be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
By
Councilmember
Adopted
City Clerk
Approved
Mayor
C45A
,, CITY OF OMAHA
LEGISLATIVE CHAMBER •
Omaha, Nebr January 23 19 96 ,.
1
`�s
Page 2 Let ' -�t
THAT, as recommended by the Mayor, the agreement dated April 13, 19%, attacheds'
hereto between the City of Omaha and Player's Pantry Inc.for the provision of operating refreshment
concessions at Seymour Smith Softball Complex, Seymour Smith Baseball Field, Dill Softball
Complex,Kelley Softball Complex,Tranquility Softball Complex, and N.P.Dodge Softball/Baseball
Complex is hereby extended for the period January 1, 1996 through December 31, 1998, with the
same price, terms and conditions and is hereby approved.
APPROVED AS TO FORM:
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SISTANT CITY ATTORNEY
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By aer.w°6
Councilmember
Adopted 2..3..1. .
Approved f
Mayor
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