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Home My WebLink About88-0404 Kernel 0404 WORKING AGREEMENT 4ETEE - THE KERNEL THE CITY O F ELGIN R F -. y-I_,r' THE CITY OF ELGIN SOFTBALL COMPLEX APRIL 4 , 1988 SCOPE OF SERVICE 1 . THE CITY OF ELGIN GRANTS To THE KERNEL FOR THE 198P SOFTBALL REASON , THE EXCLUSIVE PRIVILEGE , LICENSE , AND RIGHT OF SELLING AND DISPENSING FOOD , SOFT DRINKS , CANDY , ICE :REAM AND OTHER TYPES OF REFRESHMENT , TOGETHER WITH CIGARS , CIGARETTES , TOBACCO AND CHARCOAL AT THE =:I T`i ` _ ROFTBALL COMPLEX , ELGIN , ILLINOIS FOR THE ,EASON RUNNING FROM APPROXIMATELY APRIL 9 THRU O;=C'TOBER 2 . THE KERNEL ;.JILL OPEN THE CONCESSION NO LATER THAN 5:30 p m AND CLOSE THE CONCESSION NO LATER THAN - , =i0 p m DAILY , INCLUDING _�(ir'lUNDAi''= AND HOLIDAYS l WHEN CANES ARE SCHEDULED; DAYS ;C HOURS OF OPERATION MAY BE CHANGED BY MUTUAL AGREEMENT L.JITH THE PARKS AND RECREATION EEPARTMENT , COMPENSATION AND ACCOUNTING PROCEDURE THE KERNEL AGREES TO PAY THE CITY OF ELGIN AS _ F ENSri T I ON FOR THIS CONCESSION , LICENSE AND USE OF THE PREMISES , A DOLLAR AMOUNT BA ED ON THE FOLLOWING SCHEDULE . _% OF GROSS SALES ( LESS ILL SALES TA..:<) $1 . 00-$5000 . 00 8% OF GROSS PALES 1. L FSS ILL SALES Ti-i:'-..) $5001 -$P000 . 00 0Z OF GROSS SALES LES ILL SALES Tri $8001 TO TOTAL COMPENSATION WILL BE PAID TO THE CITY OF ELGIN ON OR BEFORE NOVEMBER 1 OF THE YEAR UNDER CONTRACT . FOR THE PURPOSE OF COMPUTING Ir OMPENSAT I ON , THE KERNEL AGREES TO MAINTAIN A BOOKKEEPING .....STEM SUPPORTED BY INVOICES AND OTHER RECORD_ OF AIL TRANSACTIONS WHICH WILL ACCURATELY REFLECT GROSS RECEIPTS AND PERMIT THE CITY OF ELGIN TO C-.::.AMINE AND AUDIT ALL SUCH REI_ORD . 19P8 PRODUCTS AND PRICER ` , .4 _ THE KERNEL' S 1c,38 MENU AND PRICES ARE AS FOLLOWS : NACHOS AND CHEESE i . 50 PIZZA 1 . 50 FRENCH FRIES . 775 HOT DOG 1 .75 BRATWURST 2. 25 PRETZELS .55 POTATO CHIPS .55 POPCORN . 75 . 25 2 . 00 2 . 00 CARMELCORN 1 . 00 1 . 25 CHEESECORN 1 .00 1 , 25 ICE CREAM . 75 CANDY .75 SNO CONES . 55 SOFT DRINKS . 75 1 .00 1 .25 FROZEN COCA COLA .70 .8O 9O THE CITY OF ELGIN RESERVES THE RIGHT TO AMEND THIS LIST IN ANY WAY AND SHALL GIVE WRITTEN NOTICE TO THE KERNEL AS TO THE APPROVED PRODUCTS AND PRICES . SIMILARLY , THE KERNEL SHALL GET WRITTEN APPROVAL PRIOR TO ADDING NEW ITEMS, DELETING APPROVED ITEMS OR CHANGING PRICES . INSURANCE THE KERNEL HOLDS HARMLESS TH CITY OF ELGIN FROM ANY AND ALL CLAIMS OR DEMANDS ARISING OUT OF THE KERNEL' S OpE - ATIONS UNDER THE CONCESSION GRANTED S/ THE CITY OF ELGIN, AND THE KERNEL WILL BEAR ALL COST OF TNVESTl - GATlUN, ATTORNEY' S FEES , SETTLEMENT OR JUDGMENT RESULTING FROM CLAIMS OR DEMANDS ARISING OW- OF OPER- ATION OF THE CONCESSION GRANTED . THE KERNEL WILL PROTECT THE CITY OF ELGIN BY ENCLOSING WITH THIS AGREEMENT CERTIFICATES OF INSURANCE COVERING PROPERTY DAMAGE, PUBLIC LIABILITY , CONTRACTUAL , AND WORKMEN' S COMPENSATION, EQUIPMENT REPAIR AND MAINTENANCE THE KERNEL AGREES TO SURRENDER POSSESSION ':'E THE CO��EIBFIa-, CTAND /;- I'1.4E SOFTBALL Ca1pLt"/, UPON 7HE 7. 7::'.,7_7 - THE E '_ I-t .i OF E L I i I i'r AGRFES TO •-'_J R N t F , AT I T__ EXPENSE , E WATER B T THE ALL OF THS TO �,E i i�v:E[; R;�i THE KERNELt<�_� DURING ^G CONTRACT PERIOD, AND THE KERNEL_ AGREES TO FURNISH , AT HIS OWN COST , ALL EQUIPMENT AND OTHER UTILITIES , INCLUDING tCU_% I ;G ELE_TRI CI? ` , TO BE USED IN THE _F Rr.--.T T , OPERATION THE KERNEL WILL KEEP AND OPERATE THE CONCESSION STAND IN r NEAT AND SANITARY MANNER ; KEEP THE OUT SIDE WALK AND P'rTIO IN FRONT AND THE `_;IDES OF THE STAND CLEAN OF LITTER . THE KERNEL WILL ALSO OPERATE IN ACCORDANCE WITH ALL LAWS, REGULATION'S AND ORDINANCE_; OF THE STATE OF ILLINOI 'S AND THE CIT''( OF ELGIN . CANCELLATION OF CONTRACT IN THE EVENT THE KERNEL VIOLATES AN.i OF THE PROVISIONS OF THIS AGREEMENT , THE CITY CF ELGIN MAY TERMINATE THE RIGHTS OF THE KERNEL B'1 GI"ING WRITTEN NOTICE . THE KERNEL WILL PROVIDE MONIES IN THE AMOUNT OF $2'1=::: . 00 TO SHOW EARNEST INTENT TO HONOR THIS AGREEMENT . THIS AMOUNT WILL BE CREDITED TO THE TOTAL DUE ON OP BEFORE NOVEMBER 1 1985 CHECK # $9'iS ACCEPTED410h ) N ' DATE bA4-�L 4 vvl s �^IT`r _�A ' IN ) ACCEPTED cr/bLele R �� r DATE L0, 42,07- THE KERNEL - ACORD CERTIFICATE OF INSURANCE (ACORD 25 — 2/84) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. NAME AND ADDRESS OF AGENCY: COMPANIES AFFORDING COVERAGES: Bill Fisher Ins Agcy, Inc 116 E. Main St. , COMPANY A: Westfield Insurance Company St. Charles, IL 60174 COMPANY B: Ohio Farmers Insurance Company COMPANY C: NAME AND ADDRESS OF INSURED: Darrell Thicksten COMPANY D: dba The Kernel 33 W 160 Toni. Street COMPANY E: St. Charle , IL 60174 THIS IS TO CERTIFY THAT 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 TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. LIMITS OF LIABILITY COMP TYPE POLICY NUMBER IN THOUSANDS (000) LETTER OF INSURANCE EFFECTIVE/EXPIRATION DATE EA. OCCUR./AGGREGATE GENERAL LIABILITY CCP3114332 X COMPREHENSIVE FORM 06/01/87 TO 06/01/88 X PREMISES—OPERATIONS BODILY INJURY UNDERGROUND EXPLOSION & COLLAPSE HAZARD PROPERTY DAMAGE X PRODUCTS COMPLETED OP. BI & PD COMBINED $500,000 $500,000 X CONTRACTUAL BROAD FORM PROP. DAMAGE INDEP. CONTRACTORS PERSONAL INJURY PERSONAL INJURY A AUTOMOBILE LIABILITY CCP=114332 ANY AUTO 06/01/87 TO 06/01/88 BI : (EACH PERSON) X ALL OWNED AUTOS (PRIV. PASSENGER) BI : (EACH ACCIDENT) X ALL OWNED AUTOS (NON PRIV. PASSENGER) PROPERTY DAMAGE: HIRED AUTOS NON—OWNED AUTOS BI & PD COMBINED: $500,000 GARAGE LIABILITY ACORD CERTIFICATE OF INSURANCE - PAGE 2 LIMITS OF LIABILITY COMP TYPE POLICY NUMBER IN THOUSANDS (000) LETTER OF INSURANCE EFFECTIVE/EXPIRATION DATE EA. OCCUR./AGGREGATE EXCESS LIABILITY UMBRELLA FORM TO OTHER THAN BI & PD COMBINED UMBRELLA FORM B WORKERS COMPENSATION AND WCF'5.361585 *STATUTORY* EMPLOYERS' LIABILITY 03/08/88 TO 03/08/89 EACH ACCIDENT: $100,000 DISEASE POLICY LIMIT: $500,000 DISEASE EACH EMPLOYEE: $100,000 OTHER TO DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS: All Operations - State of Illinois - Operations consisting of Refreshment Stand - Mobile and Fixed in Place CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Elgin DATE ISSUED: 03/31/88 Elgin , IL AUTFIORIZED SIGNATURE i THE KERNEL STATE BANK OF ST. CHARLES 8 9 7 5 THE BEST IN CONCESSION SERVICE ST. CHARLES, IL 60174 PH. 312-584-9420 70-447-719 33 W. 160 TONI STREET ST. CHARLES, IL 60174 e ,111. -7rt/Az/ DATE 41-fg AMOUNT c d PAY TO THE ORDER OF: THE KERNEL eztII'008 9 7 511' 1:0 7 190 4 4 78n: II' l 3.' 5 Sail. 511' March 16 , 1988 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: Softball Complex Concession Agreement PURPOSE: The purpose of this memorandum is to obtain Council approval for a concessionaire for the softball complex. BACKGROUND: Gromer Supermarket was the 1986 concessionaire at the softball complex, and their Catering Division had done an outstanding job; however, due to other catering commitments, they were unable to continue their operation of the concession stand in 1987 . Various inquiries were then made but only Imperial Catering responded; they were awarded the concession rights on June 24 , 1987 but never did get the concession stand operational and operated the remainder of the 1987 season from their catering trucks. Hoping to correct this unsatisfactory situation, twelve vendors were solicited in December 1987 for this year' s concession rights but no offers were received. The Parks Department has continued to investigate the market place the past two months in an attempt to attract a viable concessionaire for the 1988 season so that last year' s disappointing concession operation would not be repeated. Parks has recently received the attached proposal from The Kernal, a St. Charles based concessionaire, which offers the following rates of commission based upon a percentage of total sales, less sales tax: Commission Rate Total Sales (less sales tax) 6% $1 - $5000 8% $5001 - $8000 10% $8000 and above Ross Ricks has contacted various members of the Parks and Reclamation Commission (PARC) regarding this proposal, and although the commission rate is somewhat less than the straight 10% received the past two years, they recommend its acceptance. FINANCIAL IMPACT: Assuming Council approved this proposal, 1988 will be the first year that the concession stand would be operational on opening day. 3 E Softball Complex Concession Agreement March 16 , 1988 Page 2 Operating approximately a half a season in each of the past two seasons, the City' s commission and sales were as follows: Total Sales Year Concessionaire (less sales tax) City Commission 1986 Gromers $8674 $867.40 1987 Imperial $6425 $642 .50 All commission received will be placed in the new Sports Complex Fund (Appropriation #550-627-0000) . RECOMMENDATION: The staff has also reviewed the attached proposal and concurs in the PARC recommendation to accept the proposal from The Kernal for the 1988 concession rights at the softball complex. y Mana e MAS/ck Attachment MARCH 8, 1988 DEAR SIRS: THE KERNEL WILL COMPENSATE THE CITY OF ELGIN FOR FOR THE OPPORTUNITY OF RENDERING SERVICES AT THE SOFTBALL COMPLEX ON SOUTH MCLEAN BLVD ACCORDING TO THE FOLLOWING SCHEDULE. 67. OF GROSS SALES (LESS ILLINOIS SALES TAX )$1 .00-$5000 .00 8X OF GROSS SALES (LESS ILLINOIS SALES TAX )$5001-$8000 .00 10% OF GROSS SALES (LESS ILLINOIS SALES TAX )$8001 TO TOTAL MENU & PRICES PIZZA 6 INCH / CHEESE & SAUSAGE 1 .50 FRENCH FRIES 6 INCH BOWL .75 HOT DOG DAVID BERG-1/4 LB-ALL BEEF 1 .75 BRATWURST SHEBOYGAN-1/4 LB 2.25 PRETZELS SOFT HOT (BACHMANN) .55 POTATO CHIPS FRITO LAY - 5 VARI4IES .55 POPCORN 85 OZ TUB/ 46 OZ CUP/24 OZ / 2.00/1 .25 .75 . CARMELCORN 12 OZ/ 20 OZ 1 .25/ 1 .00 CHEESECORN 12 OZ/ 20 OZ 1 .25/ 1 .00 ICE CREAM ESKIMO PIE/FUDGE BAR/CUPS .75 CANDY FROZEN SNICKER & MILKY WAY .75 SNO CONES VARIETY OF FLAVORS .55 SOFT DRINKS 5 VARIETIES INCLUDING A DIET NON-CARBONATED CHERRY, LEMONADE & ICE TEA r 16 02 CUP .75 22 OZ CUP 1 .00 32 02 JUMBO 1 .25 HOT DRINKS COFFEE / HOT CHOCOLATE 4 , 8 OZ CUP .55 16 OZ CUP .75 THE KERNEL WILL FURNISH THE FOLLOWING EQUIPMENT: ICE MAKER FRENCH FRYER • PIZZd ' PRETZEL OVEN ROLLA-GRILL & BUN WARMER POPCORN POPPER FOOD FREEZER SNO CONE MACHINE SOFT DRINK MACHINE UPRIGHT SOFT DRINK COOLER COFFEE MAKER HOT CHOCOLATE MACHINE ( ANY OTHER EQUIPMENT NEEDED TO COMPLETE THE SERVICE) THE KERNEL ALSO REQUEST THE APPROVAL TO SELL SOFT DRINKS IN CANS AND PEDDLE IT TO THE VARIOUS PLAYING FIELDS FOR SPECTATOR AND PARTICIPANTS CONVENIENCE. ( .75 PER CAN) THE KERNEL ALSO REQUEST APPROVAL FOR THE SALE OF DECORATIVE TINS. THE KERNEL HAS A POPCORN/ CARMELCORN/ CHEESECORN- DECORATIVE TIN MAIL ORDER BUSINESS. THE DISPLAY IN THE CONCESSION STAND WILL ADD TO THE UNIQUENESS OF THE OPERATION. THANK YOU FOR THE OPPORTUNITY TO SERVE YOUR PROGRAM. RESPECTFULLY SUBMITTED k' THE KERNEL 'OPCOq4, She . X,pnj It 33 W. 160 TONI STREET ST. CHARLES, ILL. 60174