88-0404 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