#1 Authorize City Manager to execute concessionaire contract with Friends of Traxler Park (File Res #2011-769)
CITY MANAGER’S OFFICE MEMORANDUM
February 21, 2011
TO: City Council
FROM: Rebecca Smith, Management Assistant
SUBJECT: Action on a Proposed Resolution Authorizing the City Manager to Execute
a Concessionaire Contract with the Friends of Traxler Park (File
Resolution #2011-769)
Request
Staff requests the Council authorize the City Manager to execute a Concessionaire
Contract with the Friends of Traxler Park for their land rink operations at the Traxler
Park Warming House.
Recommendation
Staff recommends the City Council adopt File Resolution 2011-769 to authorize the City
Manager to execute a Concessionaire Contract with the Friends of Traxler Park for their
land rink operations at the Traxler Park Warming House.
City Manager Recommendation
The City Manager concurs with the recommendation.
Suggested Motion
I move the Council approve File Resolution 2011-769 to authorize the City Manager to
execute a Concessionaire Contract with the Friends of Traxler Park for their land rink
operations at the Traxler Park Warming House.
Background
The Friends of Traxler Park have operated the land rink at the Traxler Park Warming
House since 2000. They operate the facility free of charge to the City and provide free
outdoor ice skating to the community each winter. Their volunteer efforts have also
included several upgrades to the Warming House building and new materials and
supplies to support the ice skating operations. Examples of their generosity include
donating funds to the City for purchase of a wooden stove; facilitating the donation of
new windows for the Warming House; donating a kitchen sink; and the purchase of ice
skates and storage shelves to further enhance the ice skating experience at Traxler
Park.
The Friends of Traxler Park fund their volunteer efforts at the park by selling
concessions in the Warming House during skating hours. Items typically sold include
pop, candy, popcorn and hot chocolate. Net proceeds from the concession sales go into
their operations or to providing new amenities.
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Contract Terms
1. This contract would be for five winter seasons, 2010-2015; however the City
could terminate the contract on thirty (30) days notice or the Friends could
terminate on thirty (30) days notice.
2. The City would continue to maintain the Warming House property, while the
Friends are solely responsible for the concession operations, including
purchasing all food, and organizing all volunteers.
3. The Friends as the Concessionaire shall invest all net proceeds from the
concessions into the ice skating operation, Warming House building or
surrounding facilities/area.
Summary
The Friends of Traxler have been a wonderful community partner for the City of
Janesville and their volunteer efforts each year allow area skaters to enjoy outdoor
skating free of charge. This concessionaire contract solidifies the existing operational
situation in writing.
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Resolution # 2011-769
A Resolution Authorizing the City Manager to Execute a Concessionaire Contract with
the Friends of Traxler Park
WHEREAS, the City wishes to operate a concession stand at one of its park facilities, within
said County, known as ROCK and for the following event(s) or circumstances: Traxler Park
Outdoor Ice Skating ; and
WHEREAS, the Friends of Traxler Park desires to operate said concession stand(s) within such
park(s) solely as an independent contractor, and the City is willing to allow the operation of the
same by the Concessionaire, all upon the terms hereinafter set forth;
WHEREAS, the Friends of Traxler have operated a concession stand at Traxler Park to provide
opportunities for Janesville children to ice skate at no charge at the City’s land rink since 2000;
and
WHEREAS, the Friends of Traxler are affiliated with the Community Foundation of Southern
Wisconsin; and
WHEREAS, all proceeds from their concessions are put into their ice skating operation or
amenities for the ice skating experience; and
WHEREAS, such concessionaire contract, terms and conditions are permitted by law and the
Common Council is empowered to enter into such lease contract, pursuant to section 62.11(5)
and 62.22, Wisconsin Statutes, and
WHEREAS, it is in the best interest of the City of Janesville, the community and surrounding
area to execute and enter into a concessionaire contract with the Friends of Traxler Park for the
concession operations at the Traxler Park Warming House; and
NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Janesville that it
hereby authorizes the City Manager or his representative to execute and enter into, on behalf of
the City of Janesville, the currently negotiated five year concessionaire contract to operate
Traxler Park Warming House concessions commencing on December 1, 2010, a true and
correct photocopy of which is reiterated and incorporated herein as if fully set forth verbatim;
and,
BE IT FURTHER RESOLVED by the Common Council that the City Manager or his
representative is hereby authorized to negotiate, execute, enter into, amend, renew, and extend
such documents, papers, agreements, amendments, and forms, to take whatever other actions,
and to make whatever minor changes to the concessionaire lease contract and such other
related documents, papers, agreements, amendments, and forms as the City Manager or his
representative may, from time to time, find necessary, desirable, and/or beneficial to effectuate
the lease contract and/or the intent of this resolution on the City’s behalf.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Perrotto
Eric J. Levitt, City Manager
Rashkin
Steeber
ATTEST:
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
City Attorney Wald Klimczyk
Proposed by: City Manager’s Office
Prepared by: Management Assistant
CITY OF JANESVILLE
LEISURE SERVICES DEPARTMENT
CONCESSION CONTRACT FOR
TRAXLER OUTDOOR ICE SKATING
THIS AGREEMENT, made and entered into this December 1, 2010 by and between:
the City of Janesville, a Wisconsin municipal corporation located in Rock County,
Wisconsin, hereinafter designated as the “CITY”; and
Friends of Traxler Park:
JEFF KEENA
1402 S. WILLARD
JANESVILLE, WI 53546
hereinafter designated as the “CONCESSIONAIRE”, an independent contractor.
WITNESSETH THAT:
WHEREAS, the City wishes to operate a concession stand at one of its park facilities,
within said County, known as ROCK , and for the following event(s) or
circumstances:
Traxler Park Outdoor Ice Skating
WHEREAS, the Concessionaire desires to operate said concession stand(s) within such
park(s) solely as an independent contractor, and the City is willing to allow the operation
of the same by the Concessionaire, all upon the terms hereinafter set forth;
WHEREAS, the Friends of Traxler have operated a concession stand at Traxler Park to
provide opportunities for Janesville children to ice skate at no charge at the City’s land
rink since 2000; and
WHEREAS, the Friends of Traxler are affiliated with the Community Foundation of
Southern Wisconsin; and
WHEREAS, all proceeds from their concessions are put into their ice skating operation
or amenities for the ice skating experience; and
WHEREAS, the Friends of Traxler donated funds to the City for purchase of a wooden
stove, facilitated the donation of new windows to the Warming House, donated a new
sink for the kitchen, and purchased ice skates, wooden storage racks and other items to
further enhance the ice skating experience at Traxler Park.
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NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL CONVENANTS AND
PROMISES OF THE PARTIES HERETO and of the further respective terms, provisions
and obligations of the parties to this contract; each party hereby agrees and binds itself
as follows:
1. The City hereby grants to the Concessionaire permission to sell, at retail and
within
Traxler Park Warming House, soft drinks, pre-packaged candy and chips, and other
such items of personal property designed for use or consumption, and normally sold or
vended in public parks provided, however, that no intoxicating beverages or smoking
materials of any kind or character shall be stored, sold, or vended by said
Concessionaire either within or without said park system, or for use or consumption
therein.
2. The Concessionaire shall obtain, pay for and provide any and all necessary
licenses for the operation of the concession and shall insure inspection of
facilities as required by the State Statutes, City and County ordinances.
3. The Concessionaire shall be solely responsible and shall pay any and all income
and sales taxes arising from and/or pertaining to this Agreement and the
activities described herein.
4. The City shall pay for the cost of utility services including electricity and water
where available.
5. The City may provide light bulbs, first aid kit, and insect spraying as required to
maintain a safe, attractive, functional premise.
6. The City shall maintain the premises in good working order and repair. This
paragraph shall apply to the use of City buildings only, not to the use of private
concession conveyances or other private facilities, devices, vehicles, structures
and chattels.
7. The Concessionaire is hereby granted the City’s permission to operate
aforementioned concessions for a period, commencing December 1, 2010 and
ending February 28, 2015, (weather permitting) limited to a maximum of five (5)
years, unless a separate contract is agreed upon by the parties for an additional
period of time.
8. The City and its employees shall have, and the Concessionaire grants, the right
to enter upon and inspect, from time to time, the Concessionaire’s concession
and related facilities, vehicles and chattels, and any and all equipment and stock
of merchandise therein, and to inspect all receipts, books, records, invoices,
documents, records, and correspondence of Concessionaire pertaining to the
operation of concession(s) governed by this Agreement. The City understands
the Friends of Traxler use the Community Foundation of Southern Wisconsin for
their accounting/bookkeeping responsibilities. The City would need to be in
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contact with the Community Foundation of Southern Wisconsin if there were
inquiries about their receipts or finances.
9. The Concessionaire shall, at all times, strictly observe and conform to, and abide
by each and every of the following rules and regulations pertaining to the
operation of said concession(s):
a. The Concessionaire shall employ only competent, courteous
employees/volunteers. The Concessionaire shall not retain any employee/volunteer
that the City or the Parks Director considers to be unfit for such employment,
discourteous, or otherwise objectionable. All employees/volunteers of the
Concessionaire shall be neatly dressed at all times. Employees/volunteers shall at all
times conduct themselves courteously in their relations with the public.
b. All sales shall be made from the concession areas and there shall be no
peddling through the park areas.
c. No glass bottles or glass cups may be used.
d. The Concessionaire shall keep the concession stand and the areas
immediately around it clean, attractive and orderly.
e. The Concessionaire shall place all garbage and refuse in garbage receptacles
provided by the City. The Concessionaire shall recycle any applicable materials.
f. The Concessionaire shall obtain, maintain, provide, and pay for Worker’s
Compensation Insurance in the minimal amount(s) and of the kinds required by law for
all of its employees at the concessions and shall provide the City with the certificate(s)
of such insurance prior to engaging in any sales.
g. The Concessionaire shall comply with all applicable licensing and other
provisions of the ordinances of the City and of the County of Rock, and all laws of the
State of Wisconsin.
i. All supplies, inventory and materials shall be furnished by the Concessionaire.
k. Dates and hours of operation shall be listed in Schedule “A” and must be
approved by the Parks Director.
l. Where applicable, the City may provide two sets of keys to concession stand(s)
which shall be returned upon the expiration of this contract.
m. The Concessionaire shall not allow any advertising to be posted in or about
the concession area(s).
n. No beer or liquors of any kind shall be sold, distributed or consumed in or
about the concession area(s).
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o. No punchboards or gambling devices shall be permitted in or about the
concession area(s).
p. Concessionaire and/or supplier delivery trucks shall not drive on the grass, nor
shall any other vehicles be permitted off the paved roadways and parking areas.
10. The park concessions are patronized by children in all age groups and by family
groups having moderate or average incomes, all seeking the recreation which
outdoor activities afford. Therefore, the following are important parts of this
contract:
a. Whenever candy is sold, a variety of types and price ranges are to be featured
and displayed prominently in plain view of the patron.
b. At the beginning of each season, the Concessionaire shall submit a general
list of items to be dispensed (descriptions could be listed as: pre-packaged candy;
plastic bottles of pop, Gatorade; popcorn; hot chocolate), sold or rented from the
concession to the Leisure Services Department, prior to sale. The City reserves the
right to disapprove and forbid the dispensing, sale and/or rental of any item(s) unlawful
or too expensive. The Concessionaire may make minor changes to their offerings
without notice to the City, such as purchasing new or eliminating types of candy.
11. The Concessionaire hereby fully and forever indemnifies, releases, discharges,
saves and keeps harmless the City of Janesville and each and every of its
elected and appointed officials, officers, employees, representatives, agents and
their successors, heirs and assigns, of and from any and all liability, liens,
damages, claims, awards, payments, judgments, costs, damages, fees, and
expenses, including attorney fees, of whatsoever kind or nature which are and/or
may in any way be suffered by, or which may accrue against or by charged to or
recovered from the City of Janesville or by any of its officers, officials, agents,
representatives, or employees, and/or their successors, heirs or assigns arising
from, pertaining to, and/or in consequence of the operation of the concession(s)
by, and/or any acts, omissions, negligence and/or malice of, the Concessionaire,
its employees representatives, and/or agents.
12. The City shall not be responsible for any loss by fire, theft, vandalism or any
other casualty to Concessionaire or any other person regardless of cause and/or
origin. Concessionaire hereby forever fully releases, waives, discharges and
indemnifies the City from the same.
13. The City may obtain and maintain property insurance coverage for the fair market
value of the facility being used by the Concessionaire and any equipment
contained therein owned by the City. Any additional items the Concessionaire
wishes to cover shall be covered solely at the Concessionaire’s expense with
documentation provided to the City.
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14. The Concessionaire shall obtain, at all times maintain, and pay for, solely at its
own expense, property insurance for any and all equipment, inventory, vehicles
and supplies stored in the concession stand or other areas under its control
under this Agreement.
15. The Concessionaire shall not assign or sublet this contract; or sublet or assign all
or any part of the concession(s) without prior written consent of the City.
16. The City reserves the right, at any time, to authorize any picnic group or public
group desiring to handle their own refreshment stands, or refreshments on or
about said Park systems, to do so, notwithstanding any provision in this contract
to the contrary.
17. In the event that the Concessionaire fails to comply with one or more of the
terms, provisions or promises set forth in this contract, such failure shall be
considered a default and/or breach of the contract. Failure to cure such default
within five (5) days after receipt of written notice thereof from the City may result
in addition to and not in lieu of any other legal or equitable right, remedy and/or
privilege to which the City is or may be, entitles to termination of this contract
upon written notice to the Concessionaire, in which event this contract shall be
void and of no further force or effect whatsoever and the Concessionaire shall
immediately deliver up possession of premises to the City and immediately cease
all sales activities.
18. The buildings, refreshment stand, shelters, rooms and locations, and any and all
parts thereof, which are the property of the City shall forever remain the property
of the City, and upon the termination of this contract by lapse of time or
otherwise, the Concessionaire shall immediately surrender possession of all of
said premises to the City in as good or better a condition as said premises were
when first occupied by Concessionaire under the terms of the contract.
19. The Concessionaire shall, at its own cost and expense, provide a sufficient
number of employees/volunteers to adequately service the public promptly and
efficiently and in a manner satisfactory to the City. All such employees shall be
hired and employed in conformity with the Statutes and Laws of the State of
Wisconsin.
20. The Concessionaire shall not permit any agent, representative, or employee to
remain in or upon the premises of the City in any of the buildings, structures, or
locations occupied by the Concessionaire at any time after the close of business
(see Schedule “A”); provided, however, that if required for the protection of its
property, the Concessionaire may employ and permit watchmen to remain in said
building(s) so occupied by it after first having obtained written permission from
the City Parks Director to do so.
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21. This contract shall be subject to termination by the Concessionaire regardless of
grounds therefore, by giving the City thirty (30) days prior written notice of
termination.
22. The contract shall be subject to termination by the City, in addition to any and all
other reasons, and without cause, upon the happening of any one or more of the
following:
a. The Concessionaire is adjudicated bankrupt, is in receivership, or because
of its financial condition is judged by the Parks Director as being or
appearing unable to continue a successful operation.
b. Failure of the Concessionaire to perform, keep, and observe any of the
provisions of the contract; and/or the failure of the Concessionaire to
correct the default or breach within the time as specified by the City
Parks Director.
c. Singular, infrequent, occasional, frequent, repeated, or numerous failures
of the Concessionaire to perform, keep and observe any one or more
than one of the provisions of the Contract, regardless of whether the
Concessionaire has cured or has attempted to cure, any such defaults
or breaches of contract.
d. Thirty (30) day prior written or verbal notification of termination, by the City
to the Concessionaire, even without cause.
23. The Concessionaire shall invest all net proceeds from the concessions into the
ice skating operation, Warming House building or surrounding facilities/area.
24. It is the intent of the parties hereto that, at all times and for all purposes, the
Concessionaire shall be considered legally as an independent contractor and
that neither he nor any of his employees, agents or representatives, shall, under
any circumstances, be considered employees, servants, representatives, or
agents of the City of Janesville, and the City shall at no time be legally or
otherwise responsible or liable for any negligence on the part of said
Concessionaire, his employees, servants, representatives, or agents, resulting in
either personal or property damage to any person.
25. Nothing contained herein constitutes nor shall it be construed as creating any
partnership between the parties hereto.
26. This contract may be modified at any time but only upon mutual written
agreement of the parties, executed by both parties.
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IN WITNESS WHEREOF, the parties have set their hands and seals at Janesville,
Wisconsin all on the date first above written.
CONCESSIONAIRE: WITNESS:
Name Name
Title Title
Signature Signature
CITY OF JANESVILLE:
Eric Levitt, City Manager
SCHEDULE “A”
CONCESSIONAIRE:
Friends of Traxler Park, JEFF KEENA
Traxler Outdoor Ice Skating season
December 1 – February 28, 2010-2015
Weather permitting
HOURS OF OPERATION
SAT. & SUN & HOLIDAYS: 12:00 PM - 9:00 PM
MONDAY-FRIDAY: 4:00 PM – 9:00PM
APPROVED BY:
Tom Presny, Parks Director
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