HomeMy WebLinkAboutElizabeth Szekeres/Menominee Park Concessions agreement 1983 AGREEMENT FOR MENOMINEE PARK
FOOD/BEVERAGE CCDICESSION
THIS AGREEMENT, made and entered into this 3 day of - 1983, by and
between Elizabeth Szekeres, of 1937 Simpson Street, Oshkosh, Wisconsin, party of
the first part, hereinafter called "Concessionaire", and the City of Oshkosh, a
municipal corporation located in Winnebago County, Wisconsin, hereinafter referred to
as "City", party of the second part,
WITNESSETH:
WHEREAS, the Corrn Council of the City of Oshkosh, by resolution duly adopted
on the 19th day of May, 1983, accepted the bid of the first party, Elizabeth Szekeres,
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
Menominee Park "Express Station", in the City of Oshkosh in return for the City
receiving fourteen (14%)percent of the gross sales from the food/beverage concession
at Menominee Park 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 six (6) pages, is incorporated
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 one (1) page of diagram and schedule are specific-
ally agreed to by each party.
2. That Elizabeth Szekeres, 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, and
charges, imposed, assessed, or incurred in any way, or for any violation or for any
breach of any law, ordinance, rules, order or regulation occasioned by any act,
neglect or omission of the Concessionaire, relative of the Concessionaire, or of
any employee of the Concessionaire.
3. That Elizabeth Szekeres agrees that should the City or any of its
representatives or agents deem any conduct on the part of the Concessionaire,
Concessionaire's relatives, or of any person employed by the Concessionaire or
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 Concessionaire, to at once declare the concession agreement to be termin-
ated without notice, previous or otherwise, to the Concessionaire, and the Concess-
ionaire agrees to reimburse the City for any damages whatever resulting from such
objectionable or improper conduct; and that the determination of what is objection-
able or improper conduct shall be made solely by the City, its representatives or
agents.
4. That Elizabeth Szekeres agrees that she is solely responsible for her
onsite personal property, materials, merchandise, foodstuffs, and liquids; that
Elizabeth Szekeres agrees that she is solely responsible for payment and any other
obligations to any person, partnership, corporation, or other entity fran whan or
which she purchases or obtains her materials, merchandise, food and drink; and that
Elizabeth Szekeres 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 Elizabeth Szekeres or her agents, employees, or with her suppliers,
of whatever type.
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5. That Elizabeth Szekeres agrees that should the City, for whatever
reason, terminate this agreement,. that Elizabeth Szekeres shall, within 24 hours
of such notice, cause to be removed from the Menominee Park "Express Station",
any and all of her on-site materials, including personal property and any merchandise.
6. This agreement shall begin on the date of its proper execution and shall
continue for a term of one (1) year, provided however, that the percentage of gross
receipts to be paid to the City of Oshkosh during the 1984 season shall be renegoti-
ated prior to January 31, 1984. Should the parties be unable to come to an agree-
ment, either party will have the right to terminate the agreement by written notice
on or before January 31, 1984.
IN WITNESS WHEREOF, the parties hereunto set their hands and seals this
3 day of , 1983.
niff C ( (SEAL)
(Witness) Elizabeth S er - oncessioG2- naire
(Witness) /
I CITY OF CS OSH
v /'2
/ trees & W' Liam D. Fru:, , C417 Manager
/-G , And: ; . �
(Witne _ nna C. Lu-:1e, City Clerk
APPROVED:
/en ki.ti /9"hoeiz?
Tom W. Ahrens
Asst. City Attorney
-3-
J
SPECIFICATIONS
FOOD/BEVERAGE/MERCHANDISE CONCESSION
MENOMINEE PARK "TRAIN DEPOT" BUILDING
TWO YEAR CONTRACT
I. LOCATION
This concession is limited to Menominee Park, specifically the north end of the
train depot building and_the vending machines in the zoo area and is in effect
from approximately May 1 to park closing, approximately October 1. Specific
times are established by the Director of Parks.
Ii. LENGTH OF CONTRACT
This contract will be for a two year period, renewable annually before February
15th 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; and/or (2) the negotiated annual gross
revenue rate is unacceptable to the City. In the event the Concessionaire wishes
to withdraw from the contract and cease operation at any time, there will be no
legal or financial obligation on behalf of the City to repay or reimburse the
Concessionaire for the remaining period of the contract. If the Concessionaire
wishes to withdraw, he shall notify the City in writing sixty (60) days notice
before the start of the park season.
III. CONCESSION ITEMS
The Concessionaire shall have, at his option, the opportunity to sell (a) foodstuffs,
including, but not limited to pre-prepared sandwiches, hot dogs, potato chips,
candy, dispenser soft drinks, sno-cones, and cotton candy, (b) other merchandise,
such as coloring books, balloons, novelties, T-shirts, post cards, camera film,
and souvenir-related items, (c) the three (3) vending machines in the zoo, ie;
keep the machines serviceable and removing the machines and money at the end of
each business day. The City reserves the right to limit the selection of items
for sale.
IV, LOCATIONN & EQUIPMENT •
All items described in Section III "A" & "B" will be sold in the designated area in
the train depot building. Adequate storage will be provided by the City. A list of
City furnished equipment is included in a separate attachment. The Concessionaire
is also required to furnish some items as noted. The Concessionaire is restricted
to the area as noted. Trade fixtures, partitions or any other equipment installed
in, or, under or about the premises by the Concessionaire shall be removed at the
expiration of this contract, provided any such damage to the City's property caused
by the removal thereof of such fixtures, partitions or other equipment shall be
repaired by the Concessionaire.
V. HOURS OF OPERATION
The building concession will be operated from daily during the park season at a
mutually agreeable schedule approved by the Director of Parks. The zoo vending
concession will operate to coincide with established zoo hours. The primary .objective
is to serve the public whenever the adjoining ride concession or the park is open.
VI. REVENUE DUE CITY
The Concessionaire agrees to pay the City as compensation for the right and for the
exclusive privilege of operating the business, a percentage of gross sales after
deducting any and all sales taxes, the amount on the proposal form. The revenue
percentage due to the City will be renegotiated on or before February 15, 1984. The
City received $3,485.00 in zoo vending machine receipts in 1982. For servicing the
machines, the Concessionaire shall receive 20% of gross sales.
•
VII•. 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 or other means approved 'by the Director of Parks.
VIII. GROSS SALES
The Concessionaire's gross sales shall be evidenced by cash register readings
and must reflect all sales made by the Concessionaire. The vending machine
sales are not required to be accountable by sales tapes, but income must be
noted in monthly reports and/or bank deposit slips.
IX. 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, a profit and loss satement of operations under an
agreement, in a form approved by the City, itemizing payroll costs, operating,
and other expenses.
X. 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
delivering a copy thereof to the Concessionaire in person.
XI. 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 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.
XII. 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 City or public using time.
XIII. 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: a) bodily injury,
$1,000,000.00 each person, each occurance, b) property, $50,000.00 each-occurance,
$300,000.00 aggregate, c) product liability, $100,000.00.
XIV. RISK
The Concessionaire assumes all risk in the operation and shall be solely re-
sponsible and answerable in damages for all accident or injuries to person or
property and hereby convenants 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 agreemeat or the
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
premises used by him. The Concessionaire is responsible for disposal of
food wastes, packaging, containers, eating utensils and other wastes directly
attributed to the food concessions not only in the concession area but also
in the area surrounding the building a radius of SO feet in front of
building. 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 will be strictly complied with.
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 the 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 equip-
ment covered by this specification shall be done by and at the expense of
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 unless specified in a supplemental agreement to this 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 similar items to non-profit groups
and similar organizations with special authorization of the Common Council.
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.
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 dis-
charge the City, its officers and employees from any and all demands, claims,
actions and causes of action arising from any cause.
X v I _ 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 condition in this concession specification and subsequent agreement con-
tained on the Concessionaire's part to be performed is strictly and promptly to
be complied with.
X V I I . 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.
FEDERAL, STATE, AND MUNICIPAL LAW
The Concessionaire will not -use nor permit any person to use in any manner what-
soever, the said premises or any part thereof or any building for any illegal
purpose, or for any purpose in violation of any Federal, State or Municpal 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, 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. The Concessionaire is responsible for obtaining any and all
• appropriate licenses.
)(Ix . 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 illuuninafion
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. Both hot and cold water shall be furnished by the City.
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 discriminate 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, ancestry. Breach of this specification may be
regarded as a material breach. The Concessionaire shall keep the Director
of Parks informed as to the names and addresses of all employees.
XXXII. BUSINESS REPUTATION
In addition to the highest minimum gross sales percentage, the City will
consider, in awarding the Concession contract, 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.
XXXIIi.
It is anticipated the City's contractor will have the building remodeled
in order to open on or about Memorial Day, 1983. It is planned all equip-
ment as noted on the equipment schedule will be placed on the counters: The
Concessionaire may arrange the rack space in any matter he may so choose.
The City is required to purchase the equipment as noted in the equipment
schedule from the total budgeted stun remaining from the building remodeling
cost. Therefore, the City requires a valid bid for 60 days. It is very
possible the City will not accept a bid for concession purposes until bids
are received for the building renovation. (A period of 30 - 45 days) .
,
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PROPOSAL
CONCESSION - CITY OF OSHKOSH MENOMINEE PARK
We , the undersigned, propose to operate the concession at
Menominee Park , in accordance with specifications , and will pay
the City of Oshkosh , Wisconsin, the following percentage of gross
sales for Food/beverage and Zoo Vending machines for the 1983
season:
Percentage of gross sales , including
80% of gross receipts from Zoo Vending
machines .
Figures
:f.Le,hew_ 7:v-c -- percent
Written
The City reserves the right to accept the bid which is in the best
interest of the City.
W0416)Ek)r /VA sC h
Name of Bidder
SUBMITTED BY: / 2 ZF(, c kso)12 J 14
Address
A PA I L_ I/ 1983 42 2 j- 0,2 6 e,/
Date Telephone number
__69(
marcn, 192LS
, • .
A AS LL
Retail Sales Experience
Background Questionaire
(Begin With Most Recent Jobs)
JOB 1
NAME OF EMPLOYER OR PLACE OF BUSINESS .z_kke 5 o
k yq A' CL. 0-" sSio/1/
TYPE OF BUSINESS OR EXPERIENCE A;,4 ,47A1 r C 11/..: /
ADDRESS,21 P1W. ‘,12 41/71 CITY 6_5 k 0 STATE if 15c:d/1./ /%6/
YEARS EMPLOYED OR IN BUSINESS f? ':/?: • • . . . .
- - "
POSITION IN COMPANY (76 /(:),1.1/4/W4-L-.
JOB DUNES 'AL Lt •77N:5-';
A- 6 4 ,4 6
_
APPROXIMATE DOLLAR SIZE OF SALES 5-
REASON FOR LEAVING _2- 1)/0/Li 7- .4 — 2 //4
BUSINESS REFERENCE 2:E.A" ,67 ti Ei; 12-:1;! 1)/4-)4-7:s'4'7"\' --P46/61 .si:7•1,-/
,'E # 6 E g
JOB 2
NAME OF EMPLOYER OR PLACE OF BUSINESS
7IT= OF BUSIN7ES3 O . EXPEaIENCE
A 7-0-1.-11.' c CITY STATE