89-0126 The Kernel WORKING AGREEMENT BETWEEN
THE KERNEL &
THE. CITY OF, ELGIN!
THE CITY OF ELGIN'S
TWO ; SWIMMING,.' POOLS'
OPENING TO CLOSING FOR `SUMMEROF 1989
SCOPE OF SERVICE
1 . THE CITY OF ELGIN GRANTS TO THE KERNEL FOR THE;
CITY'S TWO SWIMMING POOLS THE EXCLUSIVE PRIVILEGE,
LICENSE, AND RIGHT OF SELLING .AND: DISPENSING r: }ODf '
SOFT DRINKS,' CANDY ICE, CREAM,;' AND OTHER TYPES OF
REFRESHMENT ,,:
2. THE KERNEL WILL OPEN THE CONNSESSION NO LATER THAN
1 :00 pm AND CLOSE NO, LATER THAN :8€00 pm' DAILY 'WHEN
«ter-
,
COMPENSATION AND ACCOUNTING PROCEDURES
THE KERNEL AGREES TO -.PAY THE CITY OF ELGIN:' AS A
COMPENSATION FOR. ,THIS CONCESSION, LICENSE AND AND USE
OF THE PREMISES, A DOLLAR AMOUNT BASED ON THE k
FOLLOWING SCHEDULE.
8! OF GROSS TOTAL GROSS SALES (LESS ILLINOIS SALES. TAX)
COMPENSATION WILL, BE, .PAIDTO 'THE CITY: OF ELGIN
ON OR BEFORE NOVEMBER 1 OF THE YEAR UNDER CONTRACT. k
FOR THE PURPOSE OF COMPUTING COMPENSATION, THE
KERNEL AGREES TO MAINTAIN A BOOKKEEPING SYSTEM
SUPPORTED BY INVOICES AND '`OTHER RECORDS OF, ALL -4
RECEIPT'S' AN PERMIT THE CITY OF EL-IN O EXA' !NE
AND AUDIT ALL SUCH RECORDS.
PRODUCTS AND PRICES
THE KERNEL'S 1989 MENU AND PRICES ARE AS FOLLOWS:
POTATO CHIPS .55 ?
POPCORN .75
"
/�`�`r�
1 .25
2 . 0O
CARMELCORN 1 .00
\ . 25
CHEESECORN 1 , 00
1 . 25
ICE CREAM . 75
CANDY . 75
SOFT DRINKS . 75
HOT DOGS
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- -C`ELETlNG APPROVED 'ITEMS OR CHANGING PRICES.
,
PRICE CHANGES ARE NEGOTIABLE FROM YEAR TO YEAR .
INSURANCE
THE KERNEL HOLDS HARMLESS TH CITY OF ELGIN FROM ANY AND
ALL CLAIMS OR DEMANDS ARISING OUT OF THE KERNEL' S OPER-
ATIONS UNDER THE CONCESSION GRANTED BY THE CITY OF
ELGIN, AND THE KERNEL WILL BEAR ALL COST OF INVESTI -
GATION, ATTORNEY'S FEES , SETTLEMENT OR JUDGMENT
RESULTING FROM CLAIMS OR DEMANDS ARISING OUT 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 OF THE
CONCESSION STAND AT THESWIMMING POOLS UPON THE
EXPIRATION OF THE TERM PROVIDED IN THIS AGREEMENT .
THE CITY OF ELGIN AGREES TO FURNISH , AT ITS EXPENSE,
ALL OF THE WATER TO BE USED BY THE KERNEL DURING THE
CONTRACT PERIOD , AND THE KERNEL AGREES TO FURNISH,
AT HIS OWN COST , ALL EQUIPMENT TO BE USED IN THIS
OPERATION .
OPERATION
THE KERNEL WILL KEEP AND OPERATE THE CONCESSION STAND
IN A NEAT AND SANITARY MANNER; KEEP THE OUT SIDE WALK
AND PATIO IN FRONT AND THE SIDES OF THE STAND CLEAN OF
LITTER . THE KERNEL WILL ALSO OPERATE IN ACCORDANCE
WITH ALL LAWS, REGULATIONS AND ORDINANCES OF THE STATE
OF ILLINOIS AND THE CITY OF ELGIN .
CANCELLATlON OF CONTRACT
IN THE EVENT THE KERNEL VlOLATES ANY OF THE FROYI SI ONS
OF THIS AGREEMENT , THE CITY OF ELGIN MAY TERMINATE THE
RIGHTS OF THE KERNEL BY GIVING WRITTEN NOTICE.
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ACCEPTED -- �« DATE � / " `~ ^ "
CITY [ LGIN
ACCEPTED gaM_La DATE ��
` -a‘/ /711
THE KERNEL �y