89-0413 The Kernel (2) 99-0413
WORKING AGREEMENT BETWEEN
THE KERNEL &
THE CITY OF ELGIN
FOR
THE CITY OF ELGIN SOFTBALL COMPLEX
APRIL 1 THROUGH OCT . 1
FOR THE YEARS
1989 — 1990 — 1991
SCOPE OF SERVICE
1 . THE CITY OF ELGIN GRANTS TO THE KERNEL FOR THE
THREE SOFTBALL SEASONS, THE EXCLUSIVE PRIVILEGE,
LICENSE , AND RIGHT OF SELLING AND DISPENSING FOOD ,
SOFT DRINKS, CANDY, ICE CREAM AND OTHER TYPES OF
REFRES HM ENT klat, 16 nsr��f � .. �.k9,,_
r r 1?;AL, AT THE CITY'S SOFTBALL
COMPLEX, ELGIN, ILLINOIS FOR THE SEASON RUNNING
FROM APPROXIMATELY APRIL 1 THRU OCTOBER 31 , FOR
1989 — 1990 — 1991 .
2. THE KERNEL WILL OPEN THE CONCESSION NO LATER THAN
5: 30 p m AND CLOSE THE CONCESSION NO LATER THAN
9:30 p m DAILY, INCLUDING SUNDAYS AND HOLIDAYS
WHEN GAMES ARE SCHEDULED; DAYS AND HOURS OF
OPERATION MAY BE CHANGED BY MUTUAL AGREEMENT
WITH THE PARKS AND RECREATION DEPARTMENT .
COMPENSATION AND ACCOUNTING PROCEDURES
THE KERNEL AGREES TO PAY THE CITY OF ELGIN AS
COMPENSATION FOR THIS CONCESSION, LICENSE AND USE
OF THE PREMISES, A DOLLAR AMOUNT BASED ON THE
FOLLOWING SCHEDULE .
8'% OF GROSS SALES (LESS ILL SALES TAX) $1 .00—$10 ,000
10X OF GROSS SALES (LESS ILL SALES TAX) $10 , 001 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 COMPENSATION, THE
KERNEL AGREES TO MAINTAIN A BOOKKEEPING SYSTEM
SUPPORTED BY INVOICES AND OTHER RECORDS OF ALL
TRANSACTIONS WHICH WILL ACCURATELY REFLECT GROSS
RECEIPTS AND PERMIT THE CITY OF ELGIN TO EXAMINE
AND AUDIT ALL SUCH RECORDS .
PRODUCTS AND PRICES
-7
THE KERNEL'S 1989 MENU AND PRICES ARE AS FOLLOWS':
NACHOS AND CHEESE 1 .50
PIZZA 1 . 25
FRENCH FRIES . 75
HOT DOG � 1 .25
8RATWURST 2 .25
PRETZELS . 55
POTATO CHIPS .55
POPCORN . 75
1 . 25
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
.80
. 90
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.
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 THEKERNEL'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 THE SOFTBALL COMPLEX UPON THE
EXPIRATION OF THE TERM PROVIDED IN THIS AGREEMENT .
THE CITY OF ELGIN AGREES TO FURNISH, AT ITS EXPENSE,
ALL or THE WATER TO BE USED BY THE KERNEL DURING THE
CONTRACT PERIOD, AND THE KERNEL AGREES TO FURNISH,
AT HIS OWN COST, ALL EQUIPMENT AND OTHER UTILITIES,
INCLUDING ELECTRICITY, TO BE USED IN THE 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.
CANCELLATION OF CONTRACT
IN THE EVENT THE KERNEL VIOLATES ANY OF THE PROVISIONS
OF THIS AGREEMENT, THE CITY OF ELGIN MAY TERMINATE THE
RIGHTS OF THE KERNEL BY GIVING WRITTEN NOTICE.
THE KERNEL WILL PROVIDE MONIES IN THE AMOUNT OF $250 .00
TO SHOW EARNEST INTENT TO HONOR THIS AGREEMENT .
THIS AMOUNT WILL BE CREDITED TO THE TOTAL DUE ON OR BEFORE
NOVEMBER 1 , OF EACH YEAR OF THIS CONTRACT .
CHECK #
ACCEPTEDf DATE `f � 3 `�‘94":
Y Or GIN
ACCEPTED Qa4,1agg kte.'44,4„,. ."/DATE iikAj, /7'J /9"
THE KERNEL.