The URL can be used to link to this page

Home My WebLink About31986 / 82-24�uly 1, 1982 li 24 RESOLUTION YURPOSE: APPROVE CONCESSIONS AT MENOMINEE PARK INLTIATED BY: PARKS DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into the attached agreement with Mrs. Jane E. Kriha for the sale of balloons, ciga- rettes, film, hats, visors, and other novelties at Menominee Park. SD81dITTED BY P_PPROVED�\`�Jls-x-�-� -24- ,. e.is-�.: - .p�p, �QSX[OSM s� +h. T� FROM: William D. Frueh, City :4anager Boyd A. Kraemer, Director of Parks pm-=� pJ�1:Vr;L-�'A��tiGER AGM6NIS7FtAry�"J �a� SUBJECT: Balloon and Novelty Concession - Menominee Park DATE: June 16, 1982 Mrs. Jane E. Kriha, 1117 W. New York Ave., has submitted a proposal to the City to operate a push-type cart concession in Menominee Park. The Parks Administration and Advisory Park Board has reviewed her proposal with a favorable reco�endation. Mrs. Kriha and Z have had several meetings to explain city policies regarding insurance, park rules, park hours and the like. She has agreed to enter into an agreement similiar to our other park concessions. Mrs. Kriha's concession will include ballaons, hats, sun visors, camera film and other sma11 novelty items. She and her family will be operating the cart, pushing it throughout Menominee Park on certain weekdays and on weekends. For this privledge, the City will receive $100.00 for the period of July 2 thru approximately August 31. We arrived at this figure after reviewing Mr. Zak's, (the gentleman who operates the popcorn wagon at Menominee Park,) payment of $210.00 per year, and taking into consideration that the summer is half over. If the balloon concession proves successful, we hope to improve the operation next year. We believe Mrs. Kriha's concession will be welcomed at Menominee because of the numerous requests for such items. The concept of selling balloons with a colorful push cart further promotes our goal of family participation in Menominee Park. The entire concept is very low-key and would be harmonious with the park's recreation. Your support and recommendation is appreciated. Coc�on Council action is requested for .Tuly 1, 1982. CITY HALL • 275 CHUFCH AVENUE • P. O. BOX 1130 • OSHKOSH, WISCONSIN 54902 � ■L�ii AGREEMENT THIS AGREEMENT, made and entered into this day of , 19fl2, by and between the CITY OF OSHKOSH, a Wisconsin Municipat corporation tocated in Winne6ago County, hereinafter referred to as "City", and ,1ane E. Krfiha, a private iodividual, 1717 W. New York Ave., Oshkosh, Wisconsin, 54901, hereinafter referred ta as "Cancessionatre"; W I T N E S S E T H: WHEREAS, the Common Coancil of the City of Oshkosh, by resolution duly adopted on the , accepted the praposai af the fint par2y, Jane E. Kriha, and authorized and directed the Droper City Officiala W enter into an appropriate agreement with the party af the ftrst part for cor . cessions at Menaminee Park in the City of Oshkosh; and 41HEREAS, tfie C1ty ts the owner of-pre�nises comrwnly known as Menaminee Par1c, . and ts desirous of providin9 co�cessions far the general public in that park, and has the power to grant rights and privi7eges and respect thereto; and . I WHEREAS, the Loncessionaire is desirous of ohtaining the right to operate certain concessions upon the terms and conditions hereinafter provided. NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions hereinafter contained, the parties mutualTy agree as folTows: 7. Balloons: The Concessianalre shall have the exc7us4ve right to sell ballaons, camera film, hats, visors. ci9arettes and other novelties, but no foodstuff, via a push-cart type uf vehicle. 2. Location: The location of balloon concession shaTl be in Menominee Park- Tne Director o` Parks shall det2rmine the exact locat�er of Che concessions in cooperation with the Concessionaire. 3. Term of Aareement: This agreement shall be effective coamencing on the day of , 1982, and ending on December 31, 7982. 4. Houn of 0 eration: 7he hours of operation shall be from 12:30 p.m. W 8:00 p.m• A request far a�y change af hnurs must be submitted ta and approved by the Oirector of Parks. 5. Non-D�iscrimination: All Concessions, operated by Concessionaire, shall be provided to the general public without discrimination as to race, creed, color. sex, handicapped, ar national origin. #�� 6. Maintenance: The Concessionaire shall assist and caaperate with P;,rk Personnel in the care and maintenance of the area upon which the concessions are sold. He shall maintain such area in a neat, clean, and attractive conditinn, 6y pickup of litter, waste, paper, bottles, etc. 7. Federal, State, and Municioal Laws: The Concessionaire witt not use nor permit any person to use in any manner whatsoever the said operation er any part thereof for any illegal purpose, or for any purpose in vinlation of any Federal, State, or Municipal law, ordinance, rule, orCer, or regulation or of any rule or regulation ofi the City now in effect or enacted or adopted, anG wili protect, indemnify and forever save and keep harmless the City and the individual employees therof and their agents, from and against any damage> penalty, fiine, judgment, expense, or charge suffered, imposed, assessed or incurred for arty violation ar breach of any taw, ordinance, rule, order or regulation occasioned by any act, neglect or omission of the toncessionaire or any empToyee, penon or occupant for the time 6eing of said premises; and in the event of any violatian, ar in case the Lity or its representatives shall deem any conduct on the part of the Concessianaire, or any person ar occupant for the�time being of the premises (or the oeretion therof), to be objectionabie or improper, Uie City shall have the right and power and is hereby authorized by the Loncessionaire so Lo do, to at once declare the tontession agreement terminated without previaus notice to the Concessionaire. 8. Insurance: Cancessionaire shall procure, at his own cost and expanse, anA have in effect at all times pertinent to this Agreemeni, insurance as follows: a) public liability insurance in the amount of not less than $100,000 for injury to one person in one accident, and $300,000 for injury to rtrore than one person in one accident b) wor�men's cemp=ns=_t?on i.^.sur?�c= c_,. r=_o= fr.r a1T employees, if any A77 insurance required shall be secured from an insurance coR�pany or compa,r:es wnicr. have been approved by the City Manager and the City Attorney. All insurance premiums shall be the obligation of, and shall be paid by, Concessionaire. Contessionaire shatl not commence operetion under this contract until he has o6tain a71 insurance required under this heading, and such insurance, ahtch shall also lis the City of Oshkosh as an additional insured, has been approved by the City and a Certificate of Insurance attesting to all required coverage, has been piaced on file in the Office af the City Clerk. Such policy of insurance shalt nut be cancellable in less than thirty (30) days and shatl also state that written notice will be�given to the insured and the City at least thirty (30) days prior !o any -z- -#a� 6. Maintenance: The Concessionaire shall assist and cooperate with Park Personnel in the tare and maintenance of the area upon which the concessions are sotd. He shall maintain such area in a neat, clean, and attractive condition, 6y pickup of litter, waste, paper, bottles, etc. 7. Federal, State, and Municioal laws: The Concessionaire Nitl not use nor permit any persan to use in any manner whatsoever the said operation or any part thereaf for any illegal purpose, or for any purpose in violation of any Fed=ral, State, or Municipal law, ordirmnc=_, rule, orCer, or regvlation or of any rule or regulation of the City now in zffect or =nac*.ed or adopted, and wili protect, indemnify and forever save and keep harmless the City and the individual employees therof and their agents, from and against any damage, penalty, fine, }udgment, expense, ar charge suffered, imposed, assessed or Sncurred for any violation or breach of any law, ordinance, rule, arder or regulation acwsioned by any act, neglect or amistion of the Concessionaire or any empToyee, penon or occupant for the time being of said premises; and in the event of any riotation, or in case the Ltty or its representatives sha11 deem any conduct an The part of the Concessionaire> or any persan or occupant for the time being of the premises (ar the oeration therof), to be objectionable or improper, Uie City sha11 have the right and power and is hereby authorized 6y the Cancessionaire so to do, to at once declare the concession agreement te,minated withaut previous notice to the Concessionaire. S. Insurence: Concessionaire sha11 procure, at his own cost and expense, and have in effect at all times pertinent to this Agreement�, insurance as foliows: a) public lia6ility insurance in the amount of not less than $100,000 for injury to one person in one accident, and E300,000 for i�jury ta more than one person in one accident � b) �ror�men'S cemp=^=.ation in=_er=�c_ co,%rz^,= for a11 emp7ayees, ii any Ail insurance required shall be secured from an insurance company or companies which have been approved by the Cfty Manager and the City Attorney. A71 insurance premiums shall be the obligation of, and shalt be paid by, Concessionaire_ Concessionaire shall not coimnence operation under this contract until he has obtained all inturance required under this heading, and such insurance, which shal7 also tist the City of Oshkosh as an additional insured, has 6een approved by the Lity and a Certificate of Insurance attesting to all required coverage, has been placed on file in the Office of the City Clerk. Such policy of insurance shall nat be cancettable in less than thirty (30) days and shall also state that written notice will be�given to the insured and the City at least thirty (30) days prior to any , �a� 16. Revenue Due City: The Concessianaire hereby agrees Co pay to the Lity of Oshkosh, for such privle9es, the sum of One Nundred (5700.00) dottars payabte at the office of the Oirector of Parks, on or before September 5, 1982. IN WITNE55 WHEREOF, the parties have hereunto set their hands and seaTs this day af , 7982. In the presence of: by: . KR HA by: W 11 AM D. RU CITY MANAGER A7TEST: ' by: CONV . � CITY CLERK Approved as to FoTm TOM AHRENS ASSISTANT CITY ATTORNEY � N � � � 0 .� � � N U L'+ O U N O aN � � P+ O +� N N G�+ � o •�+ •� � J.J O � � r� N O� � N a� R'+ ctl ti N N � a +� w o �a b � � •ri Fi o H H �d U � O •,� +� O �"-. CV Cj °° `� x � r-I � il N r--I � U "� � �rl �7 C.>