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HomeMy WebLinkAboutLakeshore Municipal Golf Course Concession AGREEMENT FOR LAKESHORE MUNICIPAL GOLF COURSE CONCESSION THIS AGREEMENT, made and entered into this 13th day of April, 1983, by and between WILLIAM ROETZER, of 430 N. Main Street, Oshkosh, Wisconsin, party of the first part, hereinafter called "Concessionaire", and the City of Oshkosh, a muni- cipal corporation located in Winnebago County, Wisconsin, hereinafter referred to as "City", party of the second part, WITNESSETH: WHEREAS, the Common Council of the City of Oshkosh, by resolution duly adopted on the 7th day of April, 1983, accepted the bid of the first party, William Roetzer, and authorized and directed the proper City officials to enter into an appropriate agreement with the party of the first part for a food/beverage concession at the Lakeshore Municipal Golf Course Clubhouse in the City of Oshkosh in return for the City receiving fourteen and ninety-three hundredths percent (14.93%) of the gross sales from the food/beverage concession at the Lakeshore Municipal Golf Course Clubhouse during the 1983 season. NOW, THEREFORE, pursuant to said resolution of the Common Council of the City of Oshkosh, the parties agree as follows: 1. That Exhibit A, attached hereto and including ten (10) pages, is incorpor- ated herein by reference as though set forth fully herein, and is a part of this agreement, and that all the provisions of the attachment, including all paragraphs up to and including XXXIII and the four (4) pages of diagrams and schedules are specifically agreed to by each party. 2. That William Roetzer, in addition to the indemnifications and guarantees contained in Exhibit A attached hereto, specifically agrees to indemnify and forever save and keep harmless the City of Oshkosh and the individual employees thereof and their agents, from and against any damages, penalties, fines, judgments, expenses, charges, imposed, assessed, or incurred in any way, or for any violation or for any � a breach of any law, ordinance, rules, order or regulation occasioned by any act, neglect or omission of the Concessionaire, relative of the Concessionarie, or of any employee of the Concessionaire. 3. That William Roetzer agrees that should the City or any of its representa- tives or agents deem any conduct on the part of the Concessionaire, Concessionaire's relatives, or of any person employed by the Concessionaire or of any agent of the Concessionaire, to be objectionable or improper, the City, at its sole discretion or at the sole discretion of any of its representatives or agents, shall have the right and power, and the City is hereby authorized and it is agreed to by the Con- cessionaire, to at once declare the concession agreement to be terminated without notice, previous or otherwise, to the Concessionaire, and the Concessionaire agrees to reimburse the City for any damages whatever resulting from such objectionable or improper conduct; and that the determination of what is objectionable or improper conduct shall be made solely by the City, its representatives or agents. 4. That William Roetzer agrees that he is solely responsible for his onsite personal property, materials, merchandise, foodstuffs, and liquids; that William Roetzer agrees that he is solely responsible for payment and any other obligations to any person, partnership, corporation, or other entity from whom or which he pur- chases or obtains his materials, merchandise, food and drink; and that William Roetzer agrees to indemnify and forever save and keep harmless the City and its employees and agents from any damages, penalties, fines, judgments, expenses, or charges, imposed, assessed, or incurred in any way, occasioned by any actions or omissions of William Roetzer or his agents, employees, or with his suppliers, of whatever type. 5. That William Roetzer agrees that should the City, for whatever reason, terminate this agreement, that William Roetzer shall, within 24 hours of such notice, cause to be removed from the Lakeshore Municipal Golf Course Clubhouse and Golf Course property, any and all of his on-site materials, including personal property and any merchandise. -2- 6. This agreement shall begin on the date of its proper execution and shall continue for a term of two (2) years, provided however, that the per- centage of gross receipts to be paid to the City of Oshkosh during the 1984 season shall be renegotiated prior to January 31, 1984. Should the parties be unable to come to an agreement, either party will have the right to terminate the agreement by written notice on or before January 31, 1984. 7. That William Roetzer will relinquish the Class "B" Fermented Malt Beverage License issued to him for the purpose of this concession at the Lake- shore Municipal Golf Course Clubhouse within thirty (30) days after receiving notice to do so from the City of Oshkosh. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this 13th day of April, 1983. (SEAL) William Roetzer CITY OF OSHKO /1 0 0 Wit - AIL A .., By: :,1"7-1/e"--/ 1 William 1),. Frtigh, City Manager �.t Va And: %i,FZL ..> C� �.x%%7 ,1°1 6'` �,k_...>J Donna LI. Luebke, City Clerk i hereby c". 'f th,.4- ,s nr crs,s In/ accru' uncle: .t. APPROVED (,�{iri62 z.-- 2 5 1 83 City Comptroller _4W/ CITY ATTOC RNEY CSH.OSH,WISCONSIN -3- EXHIBIT A DIVISION "A" SPECIFICATIONS FOOD/BEVERAGE CONCESSION LAKESHORE MUNICIPAL GOLF COURSE CLUBHOUSE TWO-YEAR CONTRACT 1983 TO 1985 I. LOCATION This concession is limited to the clubhouse at Lakeshore Municpal Golf Course and is in effect from official opening (April 15) to official closing (November (1) or as established by the golf pro-manager, or in case of good weather, on a day to day basis. II. LENGTH OF CONTRACT This contract will be for a two (2) year period, renewable annually before February 15th of each year at a negotiated annual gross sales. The City has the option of not renewing the contract if: (1) the concessionaire does not abide by the contract provisions; (2) the negotiated annual gross revenue rate is unacceptable to the City. If the concessionnaire wishes to withdraw from the contract, adequate notice in writing must be given to the City prior to January 15 of each year they wish to withdraw. III. FOODSTUFFS The concession will include foodstuffs including but not limited to pre-prepared sandwiches, hot dogs, hamburgers, potato chips, candy, dispenser soft drinks, dispenser-fermented malt beverages, and tobacco items at the above described location. It is the responsibility of the successful concessionnaire to apply for and receive a Class "B" Fermented Malt License. A current price list of items that are available for sale or consumption shall be on file during the term of this contract. The City reserves the right to approve all items for sale. IV. HOURS OF OPERATION Concession will be operated daily from one-half (1/2) hour before tee time in the morning until dusk or during such hours as may be mutually agreed on between the Concessionaire and the golf pro-manager so as to coincide with the operation of the golf course. The primary objective is to serve the public whenever the course is open. V. REVENUE DUE CITY The Concessionaire agrees to pay the City as compensation for this right and for the exclusive privilege of operating the business for Lakeshore Golf Course, the percentage of gross sales after deducting any and all sales taxes, the amount stated on the proposal form. The minimum acceptable percentage for 1983 shall be 10% of gross sales. The percentage of revenue due the City will be renegotiated on or before February 1st, 1984. Exh. A, P. 1 each person each occurrence; property $50,000.00 each occurrence; $300,000.00 aggregate; product liability $100,000.00. A duplicate copy of all insurance policies or certificates of insurance must be furnished the City will full premiums paid, before the start of any operations by the Concessionaire. All policies shall contain an endorsement providing for furnishing the City ten days' written notice of termination of insurance for any cause. XIII. RISK The Concessionaire assumes all risk in the operation and shall be solely respon- sible and answerable in damages for all accident or injuries to person or property and hereby covenants and agrees to indemnify and keep harmless the City, its officers and employees, from any and all claims, suits, losses, damage or injury to person or property of whatever kind and nature, whether direct or indirect, arising out of the operation of this Agreement or the carelessness, negligence, or improper conduct of the Concessionaire or any servant, agent, or employee, which responsibility shall not be limited to the insurance coverage herein provided for. XIV. PUBLIC INTERFERENCE The Concessionaire will enter into a waiver for any and all claims for compen- sation for any and all losses or damage sustained by reason of any interference by any public agency or official in the operation of the Agreement. Any such interference shall not relieve the Concessionaire from any obligation. XV. WAIVER OF DAMAGES The Concessionaire will expressly waive any and all claims for compensation for any and all loss or damage sustained by the Concessionaire resulting from fire, water, tornado, civil commotion or riots. The Concessionaire will expressly waive all rights, claims, and demands and forever release and discharge the City, its officers and employees from any and all demands, claims, actions and causes of action arising from any cause. XVI. NOT A LEASE It is expressly stated that no building, parcel, structure, equipment or space is leased to the Concessionaire; that he/she is a Concessionaire and not a Lessee; and that the Concessionaire's right to occupy the same and to operate under an agreement shall continue only so long as each and every stipulation and con- dition in this concession specification and subsequent agreement contained on the concessionaire's part to be performed is strictly and promptly to be com- plied with. XVII. NOT AN AGENT Nothing contained in the agreement shall create or be construed as creating a co-partnership between the City and the Concessionaire or to constitute the Con- cessionaire as an agent of the City. Exh. A, P.3 XXII.. INSPECTION/ACCESS It is agreed that the concession premises may be inspected at any time by authorized representatives of the City. The Concessionaire agrees that, if notified by the City or its representative, that any part of the concession premises or the facilities thereof is unsatisfactory, he will immediately remedy the same. XXIII. REPAIRS All equipment covered in this specification and used by the Concessionaire in the conduct of business shall be maintained and kept in repair by the Concessionaire to the City at the expiration or other termination of the year in as good condition as when received, reasonable wear and tear and damage by the elements expected. The maintenance of any of the equipment covered by this specification shall be done by and at the expense of the Concessionaire. In case the Concessionaire does not make some needed repair within a reasonable time, the City may make the repair and charge the cost to the Concessionaire. The Concessionaire shall not make any alterations in the concession premises without the written approval of the City. XXIV. ADVERTISING The Concessionaire agrees not to advertise in any manner or form, on or about the premises, buildings or concession space used by him, or elsewhere, or in any newspapers or otherwise, except by means of such signs or forms of advertising as shall be approved by the City. The concessionaire shall not employ or use any persons known as "hawkers," "spielers," "Criers," or other noise-makers or means of attracting attention to the Concessionaire's business, not approved by the City, or to the extent of creating a nuisance. XXV. AMUSEMENT MACHINES The Concessionaire shall not be allowed to install amusement machines of any type within the Clubhouse, unless specified in a supplemental agreement to the Contract. XXVI. OTHER BUSINESS The Concessionaire shall not carry on within or upon said concession space any other business except that described in Paragraph II. The Concessionaire agrees not to interfere with any other Concessionaire of the City or any employees of any other Concessionaire. The City reserves the right to enter into agreements with others for the sale of golfing merchandise, golf cart rentals, and other similar golfing interests. XXVII. SERVICE TO PUBLIC The policy of the City is to serve the public in the best possible manner, and the Concessionaire agrees that both he and his employees and agents shall at all times cooperate to this end. Exh. A, P. 5 Nt. , .11. 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We are submitting herewith for your consideration an in- vitation to bid on: FOOD/BEVERAGE CONCESSION- LAKESHORE MUNICIPAL GOLF COURSE CLUBHOUSE- 1983-1984 2 . Bids must be addressed to Oshkosh Purchasing Division , P .O. Box 1130 , City Hall , Oshkosh , WI 54902 . Envelope shall show name of bidder , and must be plainly mark- ed in the lower left hand corner "Bid for Concession " 3 . Bids must be on file in the office of the Purchasing Agent no later than 10 : 30 a.m . C.S .T. Wednesday . March 23 . 1983 Any bids received after that hour and date will not be opened and will be returned to the bidder unread. 4 . A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the City prior to the specified time of opening . 5 . All formal bids submitted shall be binding for thirty-five calendar days following bid opening date , unless the bidder (s ) , upon request of the Purchasing Agent , agrees to an extension . 6 . Bids will be publicly opened and read at the hour an date above stated. Award , if any , will be made as soon thereafter as practical . 7 . A certified check, cashier ' s check , or bid bond , payable to the City of Oshkosh , Wisconsin , in an amount of five ( 5%) percent must accompany the bid as a guarantee that if the bid is accepted, the bidder will execute and file the proper contract within ten (10 ) days after award by the Common Council and receipt of contract form for signature . Return of certified check , cashier ' s check , or bid bond will be ex- ecuted when the contract is signed. 8 . The City reserves the right to reject any and all bids and to waive any informalities in bidding. 9 . For specifications and further information concerning this invitation to bid , contact Donald La Fontaine , Purchasing Agent , Room 312 , City Hall or telephone ( 414 ) 424-0265 . William D. Frueh City Manager PUBLISH: March 10 & 13th , 1983 PROPOSAL CONCESSION- CITY OF OSHKOSH GOLF COURSE 1983-1984 We, the undersigned, propose to operate the following concession in accordance with specifications , and will pay the City of Oshkosh , Wisconsin, the flat amount for the 1983 season , as follows . Amount for 1983 season Food/Beverage Concession- Lakeshore Municipal Golf Course Clubhouse Percentage of Gross Sales /#0 9-3 % FIGURE _ "We /1A,7-1,' 103z, o3,‘'ao steaetge-12 n'a-/Z111(THE CITY RESERVES THE RIGHT TO ACCEPT THE BID WHICH IS IN THE BE ` �. INTEREST OF THE CITY) ' _<ee AwiteAvi /Lr _, kr4.700/v/t3; &;a/// -r,f-A0/6- e-7-- 70 ,c -,e,e-i/e, . 'a'CZ-A AV/1k L7-2,4,' --, ZL: %" --- --/--,- ame of person making out the bid R #610, X46 r SUBMITTED BY 440 dam'" 2 o,d 671 7T� 6v/. Address l ,CWO/ /1/ ' 1983 / /V- 23/4, (c Date Telephone number for contacting vendor ! afl SAN PASTIE SHOM 430 NORTH MAIN STREET OSHKOSH,WISCONSIN ,c,WerR/ifet-s- ektieeesx-- ugrie ,grtem 727m f,&/-//r-b77er-s-- Axg- ref-"W / * .gerr(eZArC /776t4z, ..01449 e/wa- 639/615 miedi --„ektiv /-)7.6- kap AreA5" klia) xe)e./47-10/0-4- ; ireaaie rig9.4° V,4 f a 6( 4415t .fii e/-)190 &tcer reWr 6.2 ‘.1- 04friefe ,eareeist/ 9 /b-C 1441-77,04eifeet needtV eiae, / C 9711/4 2te &/./Akc-07,_/p.„5-- MarAwier: .-26-1e2 (//lveiecee, gm-4/457p,„ 751 6.re AbeS° / A42-A'44 (lO 6 o fi._27-779Z/A1..fi .59/LW 1-.2 _worn- ee 7147- f*/e /Mie jectece/ tt geitee ode/9-,rS' , ,, /04-eKe' _51,9eW fizsre-2, e/ l"f1 d/-iir/5" 02-z_c 57Y: n'teog NA41149k4e/7" c32 1/67 /&■f;t-. 73-7 TT TS- i1 SA ; t _ ICI A.I B iATIE S 430 NORTH MAIN STREET OSHKOSH,WISCONSIN amo - e// "* X617/ Cx? ,1 h 2 , 'F 1 ;ti ee&-r- rditcoxy iii.o&-f/mees" 445 /wi6�es: ate �5: 4/0 eke newArezr oef ©ffc�x 6,q67 /0, � der - cf"c4/ ,eie2 idaz / ,"9 4,.ete- 7'1 ei/-7 ear,(037- ip,44=0„e7 /61,4-rxe,(6- "elvp ,7 -77* 2.0i / Fit/ t' XV&75;re,A3w 75" 0 . for /1 ‘ 'IAA` ugy4111-die5n ^ 1 � - ��!'" a.I� /� ��i�tE�ACC�iU�JTANTS' (:OMF`1LAT.Cid REFCiRT) I �,. /J � jJ)/)tl6� Ir�yi i- ."v.{'�i A�!I�� TALL_ DEN'S) Or r�/ Dr, /((b ST ATEM c my °" CURF.ENT YEAR PRIOR YEAR `rut MONTH PERCENT YTU PERCENT MONTH PERCENT YID PERCENT NET SALES 163,221 100.00 1,566,234 100.00 92,206 100.00 266,&84 10u.00 COST OF SALES: FOOD C0'3T 54,189 33.07 530,914 33.89 28,675 31.09 233,623 32.71 PAPER COST 6,720 4.10 69,271 4.42 3,746 4.06 36,143 4.16 TOTAL COST OF SALES 60,904 `37.18 600,185 38.32 32,421 35.16 319,771 36.83 GROSS PROFFIT 102,912 62.81 965,049 61.67 59,785 64.83 547,113 63.11 CONTROLLABLE EXPENSES: CREW LABOR 25,314 15.45 241,736 15.43 17,479 18.95 136,089 15.69 MANAGEMENT LABOR 6,784 5.26 89,574 5.71 7,589 6.23 46,415 5.25 MANAGEMENT BONUS 0 0.00 371 0.02 0 0.00 165 u.01 EMPLOYEE MEALS 857 0.`_52 7,632 0.43 480 0.5 3,354 o.,6 FICA TAXES 2,298 1.40 22,177 1.41 1,667 I.;:,0 12,146 1.40 UNEMPLOYMENT TAXES 767 0.46 7,373 0.47 600 U.65 3,207 0.43 TRAVEL AND SELLING 773 0.47 5,327 0.34 905 0.96 4,267 0.49 ADVERTISING 8,315 5.07 68,652 4.38 4,164 4.51 40,671 4.69 PROMOTIONAL ITEMS 2,405 2.07 34,467 2.20 1,671 1.21 16,249 1.'67 OUTSIDE SERVICES 147 0.08 4,985 0.31 93 0.10 1,`77 0.'2 LINEN 256 0.15 1,276 0.08 192 0.20 5,003 0.57 OPERATING SUPPLIES 383 0.23 9,361 0.59 628 0.68 rt'.J 0.67 REPAIRS AND MAINT. 1,181 1.14 13,812 0.63 1,359 1.47 10,429 1.20 U1ILITIES 5,0;f0 3.10 50,110 3.19 2,3.2 2.52 22,384 2.53 OFFICE EXPENSE 267 0.16 1,979 0.12 536 0.5;_ 1,5.7 0.17 CASH SHORT FIND (OVER) (52) 0.03 256 0.01 216 0.2. t 70) t:.(�4 TRAINLNG MATERIAL 266 0.16 894 0.05 703 0.74, '%79 0.11 MISCELLANEOUS 40 0.02 (iJ2) 0.04 0 0.00 1,021 0.11 TOTAL CONTROLLABLE 58,70 7 35.33 559,23u 35.70 40,614 44.04 311,992 36.99! PROFIT AFTER CONTROLLABLE 44,113 26.93 406,819 25.97 19,171 90.79 235,121 27.12 OTHER EXPENSES: RENT 13,925 8.50 134,118 8.56 7,8.8 8.50 74,027 6.53 SERVICE FEE 4,r/15 3.00 46,991 3.00 2,766 2.99 26,126 3.01 PROFESSIONAL SERVICES 502 0.30 4,362 0.27 803 11.87 2,66;; 0.30 C .007 930 1.00 9 i 0 _6 INat!n' +_ 1,744 1.06 1J,��1� 1 9 1 4, C� •J TAXES AND LICENSES 0.51 7,924 0.5.1 557 0.60 3,971 0.46 5. DEPRECIATION 6,�+!Ki8.;6 J0,5UU x.73 2,8011 2.03 25,150 2,riIJ AMORTIZATION 1,202 0.73 10,818 0.69 1,160 1.25 10,440 1.20 INTEREST EXPENSE 5,490 3.35 49,816 3.16 3,326 3.60 :0.574 3.52 TOTAL OTHER EXPENSE 35,116 21.43 328,347 20.96 20,185 21.69 177,876 20.51 . . CURRENT YEAR PRIOR YEAR ww , ° ' * M0WTH PERCENT YTU PERCENT MONTH PERCENT YTU PERCENT (continued) 11W01.4mw` 41i OTHER lNC0ME(EXPENSE)z ADMINISTRATIVE SERVICE 2,200 1.34 19.800 1.26 2,20 2.38 19.800 2.2: VEHICLE EXPENSE 335 0.20 1,667 0.11 55 0.0"D 1.005 0.11 SALES TAX Dl3C0AT 82 0.05 720 0.04 J7 0.04 307 0.03 INTEREST INCOME 488 0.29 1,397 0.08 0 0.00 0 0.0J TOTAL OTHER INCOME(EXPENSE) (1,Y�5) 1.19 (19,550) 1.24 (2,218) 2.40 <20,4981 2.�0 NET INCOME(LOSS) 7,044 4.29 58,922 3.76 (3,232) 3.50 36,747 4.23 _____ _________ ` ' , Lakeshore Golf Course Concessionaire Proposal March, 1983 Retail Sales Experience Background Questionaire (Begin With Most Recent Jobs) JOB 1 R OR PLACE OF BUSINESS / &)$ 6>29 ,;e 4fis 76 ft; tL TYPE OF BUSINESS ElikagGSRZINCE A9,57Ag ' Clr ADDRESS 4', O ' f i4i CITY 4•50,j7,7/ STATE ki/5&.X.5/•/1-1 IN BUSINESS /WAX Sap-5, POSITION IN COMPANY r'n©/e/OM1 ) , 'T JOB DUTIES 4 i7 40,0,444 ,6r. 19,7"rei APPROXIMATE DOLLAR SIZE OF SALES I&.73 OOO i��''t 1t. ifs (/* 2e �J ,0.a.5d ood Jrt REASON FOR LEAVING -P-- BUSINESS REFERENCE k j/2419 T AeL (gia.oe s f„v,/S Aar LIAr 660 gates, ef,,e11/4 Ave/VC /4gc 4.9 e/ey de -4// St5 ( O42 JOB 2 C o!,¢-&2>¢ OR PLACE OF BUS INESS I7, - 7 TYPE OF BUSINESS 6, f.A5/1. f P 474 1.dJ i4,o j c/6' CS ADDRESS el/117e0:14,e/#0 L CITY a # STATE /Of�d.,fcb>rl YEARS EMPLOYED OR IN BUSINESS {/ POSITION IN COMPANY L 4 /27. We/6 JOB DUTIES e/xeref $ APPROXIMATE DOLLAR SIZE OF SALES M, REASON FOR LEAVING 1* •ie eQ ,i 1!06/X/e�S�i /ter r G�/'iW /may ..2-- 6ce,54,,v /fe ' S - L Retail Sales Experience Continued Job 3 OR PLACE OF BUSINESS )67/29*9 TYPE OF BUSINESS Chu NA/Z- A./2 4*,4 ee-1 ADDRESS S%Z 44 * c 9 1% 1 6?174 12'I 111 ' )16Ii.S.04PEER IN BUSINESS Zp26 POSITION IN COMPANY < 47 JOB DUTIES °// APPROXIMATE DOLLAR SIZE OF /54olefe REASON FOR LEAVING cr1Y —d`2. / �2 / Y /44v BUSINESS REFERENCE i 7 ' I ' d� fy r &e,-,Awi2r,w4ire>4/ 0, // „oet, 4, 47-/#6,,,,,e/e7retc AZ,e0-4- "AO 001/A6,1,49e, /,760‘of tees• aPiaed S 4/r I- - ' er4/w e fib d J G,Z DIVISION "A" SPECIFICATIONS FOOD/BEVERAGE CONCESSION LAKESHORE MUNICIPAL GOLF COURSE CLUBHOUSE TWO-YEAR CONTRACT 1983 THRU 19$9 I. LOCATION This concession is limited to the clubhouse at Lakeshore Municpal Golf Course and is in effect from official opening (April 15) to official closing (November (1) or as established by the golf pro-manager, or in case of good weather, on a day to day basis. II. LENGTH OF CONTRACT This contract will be for a two (2) year period, renewable annually before February 15th of each year at a negotiated annual gross sales. The City has the option of not renewing the contract if: (1) the concessionaire does not abide by the contract provisions; (2) the negotiated annual gross revenue rate is unacceptable to the City. If the concessionnaire wishes to withdraw from the contract, adequate notice in writing must be given to the City prior to January 15 of each year they wish to withdraw. III. FOODSTUFFS The concession will include foodstuffs including but not limited to pre-prepared sandwiches, hot dogs, hamburgers, potato chips, candy, dispenser soft drinks, dispenser-fermented malt beverages, and tobacco items at the above described location. It is the responsibility of the successful concessionnaire to apply for and receive a Class "B" Fermented Malt License. A current price list of items that are available for sale or consumption shall be on file during the term of this contract. The City reserves the right to approve all items for sale. IV. HOURS OF OPERATION Concession will be operated daily from one-half (1/2) hour before tee time in the morning until dusk or during such hours as may be mutually agreed on between the Concessionaire and the golf pro-manager so as to coincide with the operation of the golf course. The primary objective is to serve the public whenever the course is open. V. REVENUE DUE CITY The Concessionaire agrees to pay the City as compensation for this right and for the exclusive privilege of operating the business for Lakeshore Golf Course, the percentage of gross sales after deducting any and all sales taxes, the amount stated on the proposal form. The minimum acceptable percentage for 1983 shall be 10% of gross sales. The percentage of revenue due the City will be renegotiated on or before February 1st, 1984. VI. PAYMENTS All payments due the City shall be paid monthly on or before the 20th day of each month for the receipts of the previous calendar month. Payment shall be accompanied by a statement showing detailed receipts and substantiated by cash register tapes. VII. GROSS The Concessionaire's gross sales shall be evidenced by cash register readings and must reflect all sales made by the Concessionaire. VIII. BOOKS OF ACCOUNTS AND FINANCIAL REPORTS The Concessionaire agrees to keep the books of accounts and records of all operations and to establish a system of bookkeeping and accounts in a manner satisfactory to the City and to permit inspection of said books and records by the City Comptroller as often as is deemed necessary in the opinion of the City. The Concessionaire shall submit at the end of each year, or as required by the City, an audited profit and loss statement of operations under an agreement, in a form approved by the City, itemizing payroll costs, operating and other expenses. IX. NOTICES All notices and orders given to the Concessionaire may be served by mailing the same to the Concessionaire at the address hereinbefore set forth or by deliv- ering a copy thereof to the Concessionaire in person. X. MANAGER Unless personally operated by the Concessionaire only, the Concessionaire agrees to employ a Manager who is satisfactory to the City, and who will be available at the Clubhouse at all times during operation of the Agreement. If, at any time, the City notifies the Concessionaire that the Manager is unsatisfactory, the Concessionaire shall, within 48 hours, replace him(her) with a satisfactory one. The Concessionaire will have, at all times, sufficient attendants on duty to render adequate service to the public. XI. EMPLOYEES The Concessionaire will agree, at the request of the City or its authorized representative, and with the making of specific charges, forthwith to terminate the employment of any employee whom the City or such representative considers detrimental to the best interests of the Golf Course or public using same. XII. INSURANCE The Concessionaire shall procure, at his own cost and expense, worker's com- pensation and such public liability and property damage insurance as required to protect the Concessionaire, the City and its officers and employees from any claims for damage to property and for personal injuries, including death, which may arise from the operation of this concession by the Concessionaire. The insurance coverage limits shall be as follows: Bodily injury $100,000.00, each person each occurrence; property $50,000.00 each occurrence; $300,000.00 aggregate; product liability $100,000.00. A duplicate copy of all insurance policies or certificates of insurance must be furnished the City will full premiums paid, before the start of any operations by the Concessionaire. All policies shall contain an endorsement providing for furnishing the City ten days' written notice of termination of insurance for any cause. XIII. RISK The Concessionaire assumes all risk in the operation and shall be solely respon- sible and answerable in damages for all accident or injuries to person or property and hereby covenants and agrees to indemnify and keep harmless the City, its officers and employees, from any and all claims, suits, losses, damage or injury to person or property of whatever kind and nature, whether direct or indirect, arising out of the operation of this Agreement or the carelessness, negligence, or improper conduct of the Concessionaire or any servant, agent, or employee, which responsibility shall not be limited to the insurance coverage herein provided for. XIV. PUBLIC INTERFERENCE The Concessionaire will enter into a waiver for any and all claims for compen- sation for any and all losses or damage sustained by reason of any interference by any public agency or official in the operation of the Agreement. Any such interference shall not relieve the Concessionaire from any obligation. XV. WAIVER OF DAMAGES The Concessionaire will expressly waive any and all claims for compensation for any and all loss or damage sustained by the Concessionaire resulting from fire, water, tornado, civil commotion or riots. The Concessionaire will expressly waive all rights, claims, and demands and forever release and discharge the City, its officers and employees from any and all demands, claims, actions and causes of action arising from any cause. XVI. NOT A LEASE It is expressly stated that no building, parcel, structure, equipment or space is leased to the Concessionaire; that he/she is a Concessionaire and not a Lessee; and that the Concessionaire's right to occupy the same and to operate under an agreement shall continue only so long as each and every stipulation and con- dition in this concession specification and subsequent agreement contained on the concessionaire's part to be performed is strictly and promptly to be com- plied with. XVII. NOT AN AGENT Nothing contained in the agreement shall create or be construed as creating a co-partnership between the City and the Concessionaire or to constitute the Con- cessionaire as an agent of the City. XVIII. FEDERAL, STATE, AND MUNICIPAL LAWS The Concessionaire will not use nor permit any person to use in any manner whatsoever, the said premises or any part thereof or any buildings for any illegal purpose, or for any purpose in violation of any Federal, State or Municipal Law, ordinance, rules, order or regulation or of any rule or regulation of the City now in effect or enacted or adopted, and will protect, indemnify and forever save and keep harmless the City and the individual employees thereof and their agents, from and against any damage, penalty, fine, judgment, expenses or charge suffered, imposed, assessed or incurred for any violation or breach of any law, suffered, imposed, assessed or incurred for any violation or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect or omission of the Concessionaire, or any employee, person or occupant for the time being of said premises; and in any event of any violation, or in case the City or its representatives shall deem any conduct on the part of the Concessionaire, or any person or occupant for the time being of the premises (or the operation thereof) . to be objectionable or improper, the City shall have the right and power and is hereby authorized by the Concessionaire so to do, to at once declare the concession agreement terminated without previous notice to the Concessionaire. XVIX. UTILITIES The City shall pay for all electric lights, power and gas, used and consumed in connection with the operation of the concession. Any alterations in the existing facilities for electricity, power, gas, water, sewer, drain pipes, or in other fixtures necessary for the operation of this concession, shall be made at the sole expense of the City after written approval by the City. The Concessionaire shall use only electricity for motive power and illumi- nation of the premises, buildings or spaces included in this specification unless otherwise permitted in writing by the City and shall use all electric lights and power in strict accordance with the plans and designs as approved by the City. Water, both hot and cold, shall be furnished by the City as well as space heating of the concession area. XX. INFLAMMABLES The Concessionaire shall not use or permit the storage of any illuminating oils, oil lamps, benzine, naptha or other similar substances or explosives of any kind, or any substance or things prohibited in the standard policies of fire insurance companies in the State of Wisconsin in any buildings erected or to be erected on the premises. XXI. SANITATION The Concessionaire agrees to keep clean and in a sanitary condition, all pre- mises used by him as defined on the attached maps by the shaded area. The Concessionaire is responsible for disposal of food wastes, packaging, con- tainers, eating utensils and other wastes directly attributed to the food concessions not only in the concession area but also in the main lounge and any other area used for servicing merchandise. All refuse and waste materials shall be stored by the Concessionaire and shall be disposed of by the City. All state and local health laws and regulations shall be strictly complied with. He shall be responsible for general maintenance of the main lounge, as shown in the exhibits. Vacumming, table cleaning, emptying of waste containers and other necessary miscellaneous housekeeping duties. • XXII. INSPECTION/ACCESS It is agreed that the concession premises may be inspected at any time by authorized representatives of the City. The Concessionaire agrees that, if notified by the City or its representative, that any part of the concession premises or the facilities thereof is unsatisfactory, he will immediately remedy the same. XXIII. REPAIRS All equipment covered in this specification and used by the Concessionaire in the conduct of business shall be maintained and kept in repair by the Concessionaire to the City at the expiration or other termination of the year in as good condition as when received, reasonable wear and tear and damage by the elements expected. The maintenance of any of the equipment covered by this specification shall be done by and at the expense of the Concessionaire. In case the Concessionaire does not make some needed repair within a reasonable time, the City may make the repair and charge the cost to the Concessionaire. The Concessionaire shall not make any alterations in the concession premises without the written approval of the City. XXIV. ADVERTISING The Concessionaire agrees not to advertise in any manner or form, on or about the premises, buildings or concession space used by him, or elsewhere, or in any newspapers or otherwise, except by means of such signs or forms of advertising as shall be approved by the City. The concessionaire shall not employ or use any persons known as "hawkers," "spielers," "Criers," or other noise-makers or means of attracting attention to the Concessionaire's business, not approved by the City, or to the extent of creating a nuisance. XXV. AMUSEMENT MACHINES The Concessionaire shall not be allowed to install amusement machines of any type within the Clubhouse, unless specified in a supplemental agreement to the Contract. XXVI. OTHER BUSINESS The Concessionaire shall not carry on within or upon said concession space any other business except that described in Paragraph II. The Concessionaire agrees not to interfere with any other Concessionaire of the City or any employees of any other Concessionaire. The City reserves the right to enter into agreements with others for the sale of golfing merchandise, golf cart rentals, and other similar golfing interests. XXVII. SERVICE TO PUBLIC The policy of the City is to serve the public in the best possible manner, and the Concessionaire agrees that both he and his employees and agents shall at all times cooperate to this end. XXVIII. INTERPRETATION OF AGREEMENT Should any questions arise as to the proper interpretation of the terms and conditions of this specification, the decision of the City shall be final. XXIX. NO REPRESENTATIONS The Concessionaire acknowledges that the City has not made or caused to be made any representations of any nature whatsoever in connection with the subject concessions, and in particular has made no representations dealing with such matters as anticipated revenue to the Concessionaire, or related issues. The Concessionaire acknowledges that he will enter into a Concession Agreement as the result solely of his own business judgment and not as the result of any representations whatsoever, direct or indirect, made by the City, its agents or employees. XXX. NO DISCRIMINATION The Concessionaire will agree not to discriminate in its operations under the contract on the basis of race, color, creed, age, and sex, except as otherwise prohibited by law. Breach of this covenant may be regarded as a material breach. XXXI. CONCESSIONAIRE'S EMPLOYEES The Concessionaire shall employ such help and personnel as it may deem reasonably necessary for its operation. The Concessionaire agrees that he will not dis- criminate against any employee or applicant for employment, to be employed in the performance of an agreement, with respect to his hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment, because of his race, color, religion, national origin, or ancestry. Breach of this specification may be regarded as a material breach. The Concessionaire shall keep the Golf Course Manager informed as to the names and addresses of all employees. XXXII. EQUIPMENT The Concessionaire shall make use of the equipment as shown on the enclosed floor plan. It is the responsibility of the prospective vendor to inspect the premises to acquaint himself with the existing facilities. If, for any reason, additions, deletions, or alterations are desired by the Concessionaire, then conditions of Section X, XVIX, and XXIII shall apply. The Concessionaire will be required to furnish, as part of his total operation, the items labeled "Concessionaire" on sheet five (5) . XXXIII. In addition to the highest minimum gross sales percentage , the City will consider, in awarding the concession contact , the business experience in food merchandising and retail experience of the perspective concessionaires . Each perspective bidder shall list a maximum of three business references and specify his retail food experience in attachments to the proposal form . The City will consider background history , reputation, and business character , as well as the concession percentage , in awarding the bid . �,U p 2,o" 1 GS/4.11 Icil; • ��to a 0 i . 0 , III rrta 0 1� ,' r- iliii C) .3-' ?..-- i .c. _ I i. .73 ...1 1:::> 1 :._. ..= ••'�. a �,°....., � ,,, ,,,. , J Q t, t ! 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