ORD 33614 - Greater Omaha Packing Company Inc : --� 1
eliAk
OtAAHA,NF9 August 1, 1995
�ti iro�" Honorable President
°1;;` nt and Members of the City Council,
0 Q4
�4TFD FEBRI�
City of Omaha The attached proposed Ordinance approves the Greater Omaha Packing Co.,Inc.
Hal Daub,Mayor
Redevelopment Agreement which provides for the acquisition of 12.464 acres for
Planning Department the development of a beef processing facility which will include fabrication,
Omaha/Douglas Civic Center storage, distribution and office areas.
1819 Farnam Street,Suite 1100
Omaha,Nebraska 68183-0110 V '
(402)444-5200 The proposed project is located between "L" Street and Edward Babe Gomez
(402)444-5150
Avenue from 31st Street to Dahlman Avenue. This area is a part of the former
Telefax(402)444-6140 Stockyards area.
The proposed $7.4 million development'will provide an additional 225 skilled
and semi-skilled employment opportunities for the South Omaha Community. 1
The City will participate in the overall project financing through the use of
$758,000.00 in authorized tax increment financing. The Greater Omaha Packing
Co., Inc. Redevelopment Plan was 'approved by the City Council on June 13,
1995. The Redevelopment Agreement is in compliance with the Development
Agreement and Special Use Permit as approved by the City Council on June 13, j
1995.
This joint public and private partnership will result in the construction of public
improvements and the development of a vacant underutilized site. Your
favorable consideration of this Ordinance will be appreciated.
Respectfully submitted, Approved:
6rIA-1.--,.... ---------
06--ez-7. L.e.„6/ 714-71-:,,./,../0.
Steven Jensenpp Diane Thomas, Director
< Acting Planning Director Human Relations Department
..-._a -C
'` Approved as to Funding: Approved:
Lii3'. 1w -
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(-', < � -� - \ Mi e Selm, Acting Director
Louis A. D'Ercole Public Works Department
til Acting Finance Director
Referred to the City Council for
P:\PLN\0912.MAF Consideration:
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Ma or's,Of ice/ i -
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ORDINANCE NO. 3. ``4(
AN ORDINANCE approving a redevelopment and tax increment financing loan agreement with the
Greater Omaha Packing Co., Inc., 5100 South 26th Street, Omaha, Nebraska 68107, and
providing for an effective date.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA;
Section 1. The Mayor is hereby authorized to execute, and the City Clerk to attest, the
attached Redevelopment Agreement with Greater Omaha Packing Co., Inc.; including any other
documents in connection with the Redevelopment Agreement necessary or appropriate to
consummate the loan.
Section 2. Said Redevelopment Agreement contains obligations undertaken pursuant to the
Nebraska Community Development Law and Sections 18-2147 through 18-2150; and, are not
otherwise obligations of the City of Omaha.
Section 3. This Ordinance shall be in full force and take effect fifteen(15) days from and
after the date of its passage.
INTRODUCED BY COUNCILMEMBER
APPROVED : :
f) c'/4
M• YOR OF THE CITY OF OMAHA
PASSED AUG 15 1995 D
ATTEST:
/ ITY CLE OF E CITY OF AHA APPROVED AS TO FORM:
AtSIST AT RN
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REDEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Nebraska
Municipal Corporation in Douglas County,Nebraska, and Greater Omaha Packing Co., Inc.
RECITALS:
WHEREAS, on June 13, 1995,the City Council of the City of Omaha approved the Greater
Omaha Packing Co., Inc. Redevelopment Plan which provided for acquisition of 12.464 acres for
the development of a beef processing facility to be located between "L" Street and Edward "Babe"
Gomez Avenue from 31st Street to Dahlman Avenue, and the use of the excess ad valorem taxes
generated by such development; and,
WHEREAS, this Agreement is a redevelopment agreement prepared pursuant to the
Nebraska Community Development Law in order to implement the above-referenced
Redevelopment Plan.
IN CONSIDERATION OF THESE MUTUAL COVENANTS THE PARTIES AGREE AS
FOLLOWS:
SECTION 1. DEFINITIONS
The following terms, whether plural or singular, shall have the following meanings for
purposes of this Agreement.
1.1 "City" shall mean the City of Omaha, Nebraska, a Municipal Corporation of the
metropolitan class or such successor entity lawfully established pursuant to the
applicable provision of the Nebraska Community Development Act.
1.2 "Developer" shall mean Greater Omaha Packing Co., Inc.
1.3 "Director" shall mean the Director of the City of Omaha Planning Department.
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1.4 "Redevelopment Project" shall mean the rehabilitation of the Redevelopment Site
through the construction of a beef processing facility on the 12.464 acre site as
shown on the Site Plan(Exhibit "A").
1.5 "Redevelopment Site" shall mean the area legally described on Exhibit "B", attached
hereto.
1.6 "Redevelopment Note (TIF Funds/TIFProceeds)" shall mean any obligation issued
by the City and secured by the excess ad valorem taxes generated within the
Redevelopment Site.
1.7 "Excess ad valorem taxes" shall mean the additional real estate property taxes
generated by this Redevelopment Project pursuant to Section 18-2147 of the
Nebraska Revised Statutes.
SECTION 2. OBLIGATIONS OF THE CITY
The City shall:
2.1 Execute and deliver to the Developer at closing the Redevelopment Note in
substantially the same form as the copy attached hereto as Exhibit "C".
2.2 Grant Redevelopment Loan proceeds to the Developer to construct public
improvements as referenced in the Redevelopment Plan and as required by the
Special Use Permit and the Development Agreement as approved by the City
Council on June 13, 1995 and to be used for other project specific construction costs
up to the sum of$758,000.
2.3 Pay debt retirement interest from the Excess Ad Valorem Taxes (TIF tax proceeds).
Interest on monies in the special fund shall accrue first to debt retirement interest and
then to principal.
2.4 Ensure that prior to expenditure or disbursement of Redevelopment Loan proceeds,
the following shall be obtained, to wit:
2.4.1 Developer shall provide the Director with evidence, acceptable to the
Director, that the private funds have been irrevocably committed to the
Redevelopment Project in the amount sufficient to complete the
redevelopment project.
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2.4.2 Developer shall provide evidence of,and maintain,adequate performance and
labor materials bonds during the period of construction of the project. The
City shall be specified as a co-obligee.
2.5 Establish a special fund under Section 18-2147 of the Nebraska Revised Statutes for
the purpose of collecting the excess ad valorem taxes generated by the
Redevelopment Project. Monies collected and held in the special fund shall be used
for no purpose other than to repay the Redevelopment Loan.
SECTION 3. OBLIGATIONS OF THE DEVELOPER
The Developer shall:
3.1 Complete the Redevelopment Project on or before October 1, 1996, creating a real
property taxable base by reason of such construction of at least $4,000,000.
3.2 Cause all real estate taxes and assessments levied on the Redevelopment Project to be paid
prior to the time such become delinquent.
3.3 Loan redevelopment funds to the City in the principal amount of$758,000 as set forth in
Section 2.1,which,when combined with other private funds available, will be sufficient to
construct the redevelopment project. Execution and delivery of the Redevelopment
Promissory Note shall be at closing which shall be as soon as reasonably possible after
execution of this Agreement but not more than 60 days thereafter. At closing,the loan to be
accomplished by this Section and the obligation of the City to use the redevelopment loan
proceeds for redevelopment purposes under Section 2.2 may be accomplished by offset so
that the Developer retains the loan proceeds. If the City so requests, the developer shall,
from time to time, furnish the City with satisfactory evidence as to the use and application
of the redevelopment loan proceeds.
3.3.1 Such loan funds shall be disbursed as provided in Section 2.
3.3.2 Such loan shall bear a 8%interest rate.
3.3.3 The principal shall be repaid by the City from the special fund established
pursuant to Section 2.5, as excess ad valorem taxes, pursuant to the
Redevelopment Plan and Section 18-2147 of the Nebraska Revised Statutes,
become available to the City for such use. To the extent of such excess ad
valorem taxes are unavailable to the City, the loan shall be forgiven and the
obligations of the Developer shall remain unaffected.
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3.4 Shall provide the City with quarterly progress reports during the redevelopment and
allow the City reasonable access to any relevant financial records pertaining to the
Redevelopment Project.
3.5 During the period that the Redevelopment Note (TIF Funds) is outstanding, (1)not
protest a real estate improvement valuation on the Redevelopment Site of$268,000
or less prior to and during construction; and $4,268,000 or less after substantial
completion or occupancy of the beef processing facility; (2) not convey the
Redevelopment Site or structures thereon to any entity which would be exempt from
the payment of real estate taxes or cause the nonpayment of such real estate taxes; (3)
not apply to the Douglas County Assessor for the structures, or any portion thereof,
to be taxed separately from the underlying land of the Redevelopment Site; (4)
maintain insurance for ninety percent(90%) of the full value of the structures on the
Redevelopment Site; (5) in the event of casualty, apply such insurance proceeds to
their reconstruction; and(6)cause all real estate taxes and assessments levied on the
Redevelopment Site to be paid prior to the time such become delinquent. In lieu of
the above, the Developer may surrender any remaining amount outstanding of the
Redevelopment Promissory Note to City. Each of the foregoing covenants shall be
referenced in a Notice of Redevelopment Agreement to be recorded with the Douglas
County, Nebraska Register of Deeds. The Developer agrees to include the same
restrictions to be included in any subsequent sale,assignment, sale leaseback or other
transfer of the property,but shall not be responsible otherwise for the actions of the
third parties if these covenants are breached by such third parties if the Developer no
longer owns the property.
3.6 Shall provide the City of Omaha Finance Department with an executed copy of the
Redevelopment Promissory Note prior to disbursement of any proceeds for
repayment of such Note pursuant to Section 2.5, so that such payment can be noted
on the Note and the Note returned to Developer.
SECTION 4. PROVISIONS OF THE CONTRACT
4.1 Equal Employment Opportunity Clause. Annexed hereto as Exhibit "D" and made
a part hereof by reference are the equal employment provisions of this contract,
wherein the "Developer" is referred to as "Contractor".
4.2 Non-discrimination. The Developer shall not, in the performance of this Contract,
discriminate or permit discrimination in violation of federal or state laws or local
ordinances because of race,color,sex,age,political or religious opinions, affiliations
or national origin.
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4.3 Captions. Captions used in this Contract are for convenience and are not used in the
construction of this Contract.
4.4 Applicable Law. Parties to this Contract shall conform with all existing and
applicable city ordinances,resolutions, state laws, federal laws, and all existing and
applicable rules and regulations. Nebraska law will govern the terms and the
performance under this Contract.
4.5 Interest to the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected
official or any officer or employee of the City of Omaha shall have a financial
interest, director or indirect, in any City of Omaha contract. Any violation of this
section with the knowledge of the person or corporation contracting with the City of
Omaha shall render the contract voidable by the Mayor or Council.
4.6 Merger. This Contract shall not be merged into any other oral or written contract,
lease or deed of any type.
4.7 Modification. This Contract 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 herein unless done in writing and signed by
an authorized officer of the respective parties.
4.8 Assignment. The Developer may not assigns its rights under this contract without
the express prior written consent of the City; such consent not to be unreasonably
withheld. The Mayor may, without City Council approval, approve, in writing, the
assignment of all rights hereunder to a successor entity owned by, or under common
control with Developer.
4.9 Strict Compliance. All provisions of this Contract 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
of the parties.
4.10 This Agreement shall be binding upon the Developer's successors and assigns, and
shall run with the land described in Exhibit"B", attached hereto,to the benefit of the
City of Omaha.
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SECTION 5. AUTHORIZED REPRESENTATIVE
In further consideration of the mutual covenants herein contained,the parties hereto expressly •
agree that for the purposes of notice, including legal service of process, during the term of this
Contract 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:
Steven Jensen, Acting Director Legal Service
City Planning Department do City Clerk
Omaha/Douglas Civic Center Omaha/Douglas Civic Center
1819 Farnam Street 1819 Farnam Street
Omaha,NE 68183 Omaha,NE 68183
(2) Developer:
Greater Omaha Packing Co., Inc.
5100 South 26th Street
Omaha,NE 68107
Either party may designate additional representatives or substitute representatives by giving
written notice thereof to the designated representative of the other party.
Executed this /"day of , 19 1".
ATTEST: CITY OF OMAHA:
ill /
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�VEfTHEC M• O' .F 'H
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Executed this /3 �
day of 9
o (I y , 19_
/ DEVELOPER:
GREATER OMAHA PACKING CO.,INC.
By
APPROVED AS TO FORM:
AS ST CITY ORNEY
STATE OF NEBRASKA )
)ss.
COUNTY OF DOUGLAS )
The foregoing Redevelo ment Agreement was acknowledged before me this /3 day of
��� 1995 by Angelo Fili, Vice President, of Greater Omaha
Packing Company, I . on behalf of said corporation.
jr1TRALITiiiiFisr9:: `i Xa.,� v _. —�-)
� � �Notary Public, State of Nebraska
My commission expires on .
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SITE PLAN OMAHA. NEBRASKA 5311 Isao smm wr\•al It e1 •( ?
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CITY OF V1VIAHAI NEBRASKA - EXHIBIT ' B ' _
• -• ADMINISTRATIVE SUBDIVISION
-
e (Include a diagram of the plat,legal description and legend►--
LOT 1, STOCKYARDS PLAZA III = .- �� . -
3
Poin+ lac Beginning L., STREET N o
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��� • o I PART OF TAX LOT 10 • -
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ul 588°52'32"E �,J 542,. 4 i -r F r--
^r;j N i ; 264.S l' 12.:464 Acres •
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N 01*0'1'28"E 0 N M • 00 •
ED wA RD— N 232 59 rrW
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$A$ R c 150.00' L42t1.40' 0 .Nw
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N88°52'32"W, S34.40'
- J FriAl DPSCRIPTIOty ' .
Lot 1,Stockyards Plaza Ill,being a replat of part of Tax Lot 10,a tax lot located in
the SW 1/4 of Section 4,Township 14 North.Range 13 East of the 6th.P.M.,
• Douglas County,Nebraska.more particularly described as follows:
•
• Beginning at the point of Intersection of the East line of Lot 3.Stockyards Plaza II.a
subdivision located In said SW 1/4 of Section 4,and the South right-of-way line of't.'
Street:thence NO1-0728-E(assumed bearing)along said South right-of-way line of
'I?Street,a distance of 12.00 feet:thence 588'52'32"E along said South right-of-
way line of"L'Street.a distance of 592.43 feet:thence S01'07'28'W,a distance '
of 100.00 feet: thence S88-52'32'E. a distance of 49.16 feet: thence ••
501'07'28'W, a distance of 662.77 feet: thence N88-52'32'W, a distance of _
534.40 feet to a point on the Northerly right-of-way line of Edward Babe Gomez
Avenue;thence Northwesterly along said Northerly right-of-way line of Edward Babe
Gomez,one curve to the left with a radius of 180.00 feet.a distance of 211.40 feet.
said curve having a long chord which beers N44.47'00'W.a distance of 199.46 feet:
thence N78'25'46-W along said Northerly right-of-way line of Edward Babe Gomez
Avenue.a distance of 232.59 feet thence NO1'07'28'E along said Northerly right-of•- .
way line of Edward Babe Gomez Avenue,a distance of 5.09 feet:thence along said
East Ilne of Lot 3.Stockyards Plaza II on the following described courses:thence ..^-:. ::<
N01'07'28"E,a distance of 225.72 feet thence 588'52'32'E,a distance of 264.81 •+tr'.` '�-,',;.- ��;:
• feet;thence NO1•07'26-E,a distance of 339.00 feet to the point of beginning. yry.- 4,y,.:�%s�e,,`'.,J;,;1,..•1+(• .
Said tract of land contains an area of 542,914 square foot or 12.464 acres,more or „" ,� '� S' ^.
less. • �if 14.
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$(IRVEYOR.S CERTIFICATE ,.,
I hereby certify that I have surveyed and placed permanent markers at all corners of all lots being platted.
8.Ws'� (.�i . ,,�
_.. . • Land Surveyor Date i1ip'*
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OWNER'S CERTIFICATION "'. .1.- ,.,„"
KNOW ALL PERSONS BY THESE PRESENTS:That the undersigned are owners of the property as described in the ..r •
•
• surveyor's certificate and embraced within this plat, and have caused said land to be subdivided into lots as shown on . -'•.= ,--w`1.-.
this plat.
Owner Oate Owner Date •
ACKNOWLEDGEMENT OF NOTARY
State of Nebraska ) ' 41114
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. • )SS .
County of Douglas)
On this day of , 19 ,before me.a notary public,duly qualified and commissioned in and ' •
for said county and state,personally appeared •
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EXHIBIT "C"
THIS BOND(NOTE)HAS NOT BEEN REGISTERED UNDER THE SECURI 1TES ACT OF 1933
(THE " '33 ACT") AND MAY NOT BE TRANSFERRED, ASSIGNED, SOLD OR
HYPOTHECATED UNLESS A REGISTRATION STATEMENT UNDER THE'33 ACT SHALL
BE IN EFFECT WITH RESPECT THERETO AND THERE SHALL HAVE BEEN
COMPLIANCE WITH THE'33 ACT AND ALL APPLICABLE RULES AND REGULATIONS
THEREUNDER, OR THERE SHALL HAVE BEEN DELIVERED TO THE CITY OF OMAHA
PRIOR TO TRANSFER, ASSIGNMENT, SALE OR HYPOTHECATION AN OPINION OF
COUNSEL, SATISFACTORY TO THE CITY OF OMAHA TO THE EFFECT THAT
REGISTRATION UNDER THE '33 ACT IS NOT REQUIRED.
REDEVELOPMENT PROMISSORY NOTE
$758,000 , 19
FOR VALUE RECEIVED, the Undersigned, Borrower, promises to pay Greater Omaha
Packing Co., Inc., Holder, and/or its assigns, the principal sum of Seven Hundred Fifty Eight
Thousand Dollars ($758,000), together with interest thereon at the rate of eight percent (8%) per
annum from the date of the execution of this Note until paid in full. The principal balance and
interest thereon shall be due and payable to the holder of said Redevelopment Promissory Note as
and at such time as any excess ad valorem taxes generated by the Redevelopment Project as set forth
in that certain Redevelopment Agreement dated the //* day of gust
19 95, by and between the City of Omaha, Borrower, and the Holder, (the "Redevelopment
Agreement") are collected by the City of Omaha and available for the retirement of this debt.
In the event of default under this Redevelopment Promissory Note, all sums secured by this
Note or any other agreement securing this Note shall bear interest at a rate equal to five percent(5%)
above the regional prime or base rate as used by the Packers Nebraska Bank and Trust Co., 4710
South 23rd Street, Omaha, Nebraska, from time to time, however, in the event said interest rate
exceeds the maximum rate allowable by law then such rate of interest shall equal the highest legal
rate available.
Borrower may prepay the principal amount outstanding in whole or in part,without the prior
consent of the Holder.
In the event the monies collected and held in that special fund established under Section
18-2147 of the Nebraska Revised Statutes and pursuant to the Redevelopment Agreement are
insufficient to pay in full all amounts due and owing at a date fifteen(15)years from the effective
date of the Redevelopment Plan, and all excess ad valorem taxes generated by the Redevelopment
Project,as set forth in the Redevelopment Agreement,have been collected by the City of Omaha and
have been paid, immediately upon being available, towards the retirement of the amounts due
hereunder, then, at said date fifteen(15)years from the effective date of the Redevelopment Plan,
the Holder shall waiver any unpaid portion of the principal and interest due upon written request of
the City of Omaha.
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In the event this Note is referred to an attorney for collection the Holder shall be entitled to
reasonable attorney fees allowable by law and all Court costs and other expenses incurred in
connection with such collection.
The Borrower shall be in default in the event the Borrower shall fail to pay, when due, any
amount required hereunder.
Unless prohibited by law,the Holder may,at its option,declare the entire unpaid balance of
principal and interest immediately due and payable without notice or demand at any time after
default, as such term is defined in this paragraph.
Holder may at any time before or after default, exercise its right to setoff all or any portion
of the indebtedness evidenced hereby against any liability or indebtedness of the Holder to the
Borrower without prior notice to the Borrower.
Demand, presentment, protest and notice of nonpayment under this Redevelopment
Promissory Note are hereby waived.
No delay or omission on the part of the Holder in exercising any remedy, right or option
under this Redevelopment Promissory Note shall operate as a waiver of such remedy,right or option.
In any event, a waiver on any one occasion shall not be construed as a waiver or bar to any such
remedy, right or option on a future occasion.
Any notice provided for in this Redevelopment Promissory Note to the Borrower or the
Holder shall be in writing and shall be given by regular mail to the Holder or Borrower, or at such
other address as either party may designate by notice in writing.
This Redevelopment Promissory Note shall be governed by and construed in accordance with
the Laws of the State of Nebraska. All payments hereunder shall be payable in lawful money of the
United States of America and shall be legal tender for public and private debts at the time of
payment.
CITY OF 0 ,A Municipal Corporation
By:
M or of the City of Omaha
A r1EST: APPROVED AS TO FORM:
City Clerk of the City of Omaha City Atto ey
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EXHIBIT "D"
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.
(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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