General Services/Concession License Agreement
CITY OF SANTA ROSA
CONCESSION LICENSE AGREEMENT
WITH THE PONY EXPRESS EQUINE
ASSISTED SKILLS FOR YOUTH
AGREEMENT NUMBER __________
T
his “Agreement” is made as of this ____day of___________, 2025 by and between the City of Santa Rosa, a municipal corporation ("City"), and The Pony Express Equine Assisted Skills for Youth, a Non-Profit Corporation (“Contractor”).
RE
CITALS
A. C
ity desires to retain a qualified contractor for the operation of P ony Ride concession services in the Howarth Park Pony Ride Corral Area located at 630 Summerfield Road, Santa Rosa (“Concession”) in accordance with the terms of this Agreement.
C. C
ontractor represents to City that it is fully qualified to operate the Concession and conduct the services described above.
D. T
he parties have negotiated upon the terms pursuant to which Contractor will provide such services and have reduced such terms to writing.
AG
REEMENT
NO
W, THEREFORE, City and Contractor agree as follows:
1. G
RANT OF LICENSE/SCOPE OF SERVICES
C
ity grants a license to Contractor to operate the Concession (“License”).
Contractor shall provide to City the services described in Exhibit A (“Scope of Services”) in the Pony Ride Corral Area. Contractor shall provide these services at the time, place, and in the manner specified in Exhibit s A and C (“Hours of Operation”). Exhibits A and C are attached hereto solely for the purpose of defining the manner and scope of services to be provided by Contractor and are not intended to, and shall not be construed so as to, modify or expand the terms, conditions or provisions contained in this Agreement. The parties agree that any term contained in Exhibit s A or C that adds to, varies or conflicts with the terms of this Agreement is null and void.
2. N
ONEXCLUSIVENESS OF LICENSE
T
his License is nonexclusive. City shall continue to control Property, including, without limitation, the right to issue additional permits and licenses.
3. TERM OF LICENSE/TIME FOR PERFORMANCE
Exhibit A
General Services/Concession License Agreement
The term of this Agreement shall commence May 24, 2025, and end May 28, 2028. Further , Contractor shall provide services at the times specified in Exhibit C.
Contractor shall devote such time and effort to the performance of services as is necessary for the satisfactory and timely performance of Contractor’s obligations under this Agreement. Neither party shall be considered in default of this Agreement, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party.
4. S
TANDARD OF PERFORMANCE
C
ontractor shall perform all services required under this Agreement in the manner and according to the standards currently observed by a competent practitioner of Contractor’s occupation in California. All products and services of whatsoever nature that Contractor provides to City pursuant to this Agreement shall conform to the standards of quality normally observed by persons currently practicing in Contractor’s occupation, and shall be provided in accordance with any schedule of performance specified in Exhibit A. Contractor shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, at any time during the term of this Agreement, desires the removal of any person assigned by Contractor to perform services pursuant to this Agreement, because City, in its sole discretion, determines that such person is not performing in accordance with the standards required herein, Contractor shall remove such person immediately upon receiving notice from City of the desire of City for the removal of such person.
5. CO
MPENSATION
Cit
y will pay Contractor as described in the Fee Schedule attached as Exhibit B, which total amount shall not exceed the total sum of $36 0,000. The Chief Financial Officer is authorized to pay all proper claims from Charge Number 390403.
6. BI
LLABLE RATES, PAYMENTS TO CONTRACTOR
a. B
illable Rates. Contractor shall be paid for the performance of services as set forth in Exhibit B.
b. P
ayments. Payments will be delayed where Contractor fails to provide the information required under subsection c. below or fails to comply with the insurance requirements in Attachment One to this Agreement. In no event shall the City be obligated to pay late fees or interest, whether such requirements are contained in Contractor’s invoice.
c. Invo
ices/Report. Payment will be made on a calendar -month basis in arrears. A monthly report will be run at the end of each month and City will issue a payment based on the monthly report. In the event this Agreement becomes effective or terminates during the course of a month, the amount paid to the Contractor shall be paid to the date of termination.
General Services/Concession License Agreement
d. Business Taxes. Contractor shall pay to the City when due all business taxes payable by Contractor under the provisions of Chapter 6-04 of the Santa Rosa City Code. The City may deduct any delinquent business taxes, and any penalties and interest added to the delinquent taxes, from its payments to Contractor.
7. T
ERM, SUSPENSION, TERMINATION
a. T
he term of this Agreement shall be for three years , commencing on May 24, 2025.
b. C
ity shall have the right at any time to temporarily suspend Contractor’s performance hereunder, in whole or in part, by giving a written notice of suspension to Contractor. If City gives such notice of suspension, Contractor shall immediately suspend its activities under this Agreement, as specified in such notice. c. C
ity shall have the right to terminate this Agreement for convenience at any time by giving a written notice of termination to Contractor. If City gives such notice of termination, Contractor shall immediately cease rendering services pursuant to this Agreement. If City terminates this Agreement, City shall pay Contractor the reasonable value of services rendered by Contractor prior to termination. In this regard, Contractor shall furnish to City such information as in the judgment of the City is necessary for City to determine the reasonable value of the services rendered by Contractor. City shall not in any manner be liable for lost profits that might have been made by Contractor had the Agreement not been terminated or had Contractor completed the services required by this Agreement.
8. T
ERMINATION OF AGREEMENT FOR DEFAULT
I
f at any time 1) Contractor fails to conform to the requirements of this Agreement; 2) Contractor seeks relief under any law for the benefit of insolvents or is adjudicated bankrupt; 3) any legal proceeding is commenced against Contractor which may interfere with the performance of this Agreement; or 4) Contractor has failed to supply an adequate working force, or materials of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of this Agreement, which default is not fully corrected or remedied to the reasonable satisfaction of City within ten (10) days following the date a written notice thereof by City, then City shall have the right and power, at its option and without prejudice to any other rights or remedies it may have, to immediately terminate this Agreement. Any cost or expense incurred by City arising out of Contractor’s breach or default hereunder, and for City’s enforcement of these rights, shall be the obligation of Contractor and may, at City’s discretion, be deducted from any amounts that may then be owing to Contractor under this Agreement, without any release or waiver of any other rights or remedies in law or equity to which City may be entitled.
9. I
NDEMNIFY AND HOLD HARMLESS AGREEMENT
C
ontractor shall indemnify, defend and hold harmless City and its employees,
General Services/Concession License Agreement
officials, and agents, from and against any liability, (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, interest, defense costs, and expert witness fees), where the same results from or arises out of the performance of this Agreement by Contractor, its officers, employees, agents, or sub-contractors, excepting only that resulting from the sole, active negligence or intentional misconduct of City, its employees, officials, or agents. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under workers' compensation acts, disability benefits acts, or other employees' benefits acts. The provisions of this Section 8 shall survive any expiration or termination of this Agreement.
10. INSURANCE REQUIREMENTS
Contractor shall maintain in full force and effect all of the insurance coverage described in, and in accordance with, Attachment One, “Insurance Requirements”, which is attached hereto and hereby incorporated herein by this reference.
Maintenance of the insurance coverages as set forth in Attachment One is a material element of this Agreement and a material part of the consideration provided by Contractor in exchange for the City’s agreement to make the payments prescribed hereunder. Failure by Contractor to (i) maintain or renew coverage, (ii) provide the City notice of any changes, modifications, or reductions in coverage, or (iii) provide evidence of renewal, may be treated by the City as a material breach of this Agreement by Contractor, whereupon the City shall be entitled to all rights and remedies at law and in equity, including but not limited to the immediate termination of this Agreement.
Notwithstanding the foregoing, any failure by Contractor to maintain required insurance coverage shall not excuse or alleviate Contractor from any of its other duties or obligations under this Agreement. In the event Contractor, with approval of the City pursuant to Section 11 below, retains or utilizes any subcontractors in the provision of any services to City under this Agreement, Contractor shall assure that any such subcontractor has first obtained, and shall maintain, all of the insurance coverage requirements set forth in Attachment One.
11. LEGAL REQUIREMENTS AND PERMITS; NONDISCRIMINATION
a. Legal Requirements and Permits. Contractor represents and warrants that Contractor has all licenses, permits, City Business Tax Certificate, qualifications, and approvals of whatsoever nature that are legally required for Contractor to practice its occupation and provide services under this Agreement.
Contractor shall perform all services described herein in compliance with all applicable federal, state and local laws, rules, regulations, and ordinances, including but not limited to, (i) the Americans With Disabilities Act (ADA) of 1990, (42 U.S.C. 12101, et seq.), and any regulations and guidelines issued pursuant to the ADA, which prohibits discrimination against individuals with disabilities and may require reasonable accommodations; (ii) and Labor Code Sections 1700- 1775, which require prevailing wages (in accordance with DIR schedule at www.dir.ca.gov ) be paid to any employee
performing work covered by Labor Code Section 1720 et seq.; (iii) OSHA; and (iv) the
General Services/Concession License Agreement
Immigration Reform and Control Act of 1986. Contractor shall, if requested by City, provide certification and evidence of such compliance. If Contractor is an out -of-state corporation, Contractor warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.
b. Non-Discrimination. With respect to the provision of goods or services under this Agreement, Contractor agrees not to discriminate against any person because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of that person.
12. ASSIGNMENT AND SUBCONTRACTING
Contractor shall not subcontract or assign any right or obligation under this Agreement without the written consent of the City. Any attempted or purported subcontract or assignment without City’s written consent shall be void and of no effect.
No right under this Agreement or claim for money due or to become due hereunder, shall be asserted against the City, or persons acting for the City, by reason of any so- called assignment of this Agreement or any part thereof and Contractor hereby agrees to indemnify and hold City harmless against any and all such claims. In the event Contractor obtains the prior written consent of City to assign monies due or to become due under this Agreement, Contractor shall provide City a copy of the instrument of assignment duly executed by Contractor, which shall contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials supplied for the performance of work. Upon notice and request by the City, Contractor shall promptly remedy, to include termination of any subcontract as appropriate and necessary, any default or failure to perform in a satisfactory manner the work undertaken by any subcontractor. Contractor shall be fully responsible and accountable to the City for the acts and omissions of its subcontractors, and of persons directly or indirectly employed by them, to the same extent that Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement shall create any contractual relation between any subcontractor and the City.
13. BINDING EFFECT
This Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the parties, subject to the provisions of Section 11, above.
14. RETENTION OF RECORDS
Contractor shall be required to retain any records necessary to document the charges for the services to be performed under this Agreement and make such records available to the City for inspection at the City's request for a period of not less than four (4) years.
General Services/Concession License Agreement
14. ENTIRE AGREEMENT
This document, including all Exhibits and Attachment One, contains the entire agreement between the parties and supersedes whatever oral or written understanding the parties may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Contractor, and by City, in accordance with applicable provisions of the Santa Rosa City Code.
15. SEVERABILITY
If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
16. WAIVER
Neither City acceptance of, or payment for, any service performed by Contractor, nor any waiver by either party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
17. ENFORCEMENT OF AGREEMENT
This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court located in Sonoma County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such court, and consent to service of process issued by such court.
18. CONTRACTOR NOT AGENT
Except as City may specify in writing, Contractor and Contractor’s personnel shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor and Contractor’s personnel shall have no authority, express or implied, to bind City to any obligations whatsoever.
19. INDEPENDENT CONTRACTOR
a. It is understood and agreed that Contractor (including Contractor’s employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither Contractor nor Contractor’s assigned personnel shall be entitled to any benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Contractor under the provisions of this Agreement, and
General Services/Concession License Agreement
Contractor shall be issued a Form 1099 for its services hereunder. As an independent contractor, Contractor hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of Contractor’s employees or by any third party, including but not limited to any state or federal agency, that an employer -employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/or performance of any services under this Agreement.
b. It is further understood and agreed by the parties hereto that Contractor, in the performance of Contractor’s obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished under this Agreement, but not as to the means, methods, or sequence used by Contractor for accomplishing such results. To the extent that Contractor obtains permission to, and does, use City facilities, space, equipment or support services in the performance of this Agreement, this use shall be at the Contractor’s sole discretion based on the Contractor’s determination that such use will promote Contractor’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Agreement, the City does not require that Contractor use City facilities, equipment or support services or work in City locations in the performance of this Agreement.
c. If, in the performance of this Agreement, any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of Contractor. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Contractor. It is further understood and agreed that Contractor shall issue W -2 or 1099 Forms for income and employment tax purposes for all of Contractor’s assigned personnel and subcontractors.
d. The provisions of this Section 19 shall survive any expiration or termination of this Agreement. Nothing in this Agreement shall be construed to create an exclusive relationship between City and Contractor. Contractor may represent, perform services for, or be employed by such additional persons or companies as Contractor sees fit.
20. BACKGROUND CHECK
Contractor agrees that the City shall have the right to conduct a background investigation of Contractor and to request and receive summary criminal history information regarding Contractor from the State of California Department of Justice.
Upon request by City, Contractor agrees to provide all information needed to obtain this information, including Contractor’s fingerprints. Concessionaire agrees that he/she shall pay the cost of fingerprinting and the processing of the request for summary criminal information.
General Services/Concession License Agreement
Contractor agrees to comply with all provisions of Public Resources Code 5164 and Penal Code 11105.3. Contractor further agrees that every independent contractor, agent, employee, and volunteer of Contractor who may have direct contact with minors in a supervisory or disciplinary capacity shall successfully undergo a background investigation pursuant to Penal Code section 11105.3 before providing any services related to this Agreement.
21. NOTICES
Except as otherwise specifically provided in this Agreement, any notice, submittal or communication required or permitted to be served on a party hereto, may be served by personal delivery to the person or the office of the person identified below. Service may also be made by mail, by placing first-class postage affixed thereto, and addressed as indicated below, and depositing said envelope in the United States mail to:
City
Supervisor, Recreation and Parks
2060 West College Ave.
Santa Rosa, California 95401
Phone: (707) 543-3355
[email protected]
Purchasing Agent
635 First Street, 2nd Floor
Santa Rosa, California 95404
Phone: (707) 543-3709
Contractor
Linda Lee Aldrich
dba The Pony Express Equine
Assisted Skills for Youth
6413 Sonoma Hwy
Santa Rosa, CA 95409
(707) 538-9323
22. AUTHORITY; SIGNATURES REQUIRED FOR CORPORATIONS
Contractor hereby represents and warrants to the City that it is (a) a duly organized and validly existing 501(c)(3) Corporation, formed and in good standing under the laws of the State of California, (b) has the power and authority and the legal right to conduct the business in which it is currently engaged, and (c) has all requisite power and authority and the legal right to consummate the transactions contemplated in this Agreement. Contractor hereby further represents and warrants that this Agreement has been duly authorized, and when executed by the signatory or signatories listed below, shall constitute a valid agreement binding on Contractor in accordance with the terms hereof.
If this Agreement is entered into by a corporation, it shall be signed by two corporate officers, one from each of the following two groups: a) the chairman of the board, president or any vice- president; b) the secretary, any assistant secretary, chief financial officer, or any assistant treasurer. The title of the corporate officer shall be listed under the signature.
General Services/Concession License Agreement
23. COUNTERPARTS AND ELECTRONIC SIGNATURES
This Agreement and future documents relating thereto may be executed in two or more counterparts, each of which will be deemed an original and all of which together constitute one Agreement. Counterparts and/or signatures delivered by facsimile, PDF or City -approved electronic means have the same force and effect as the use of a manual signature. Both City and Contractor wish to permit this Agreement and future documents relating thereto to be electronically signed in accordance with applicable federal and California law. Either Party to this Agreement may revoke its permission to use electronic signatures at any time for future documents by providing notice pursuant to the Agreement. The Parties agree that electronic signatures, by their respective signatories, are intended to authenticate such signatures and to give rise to a valid, enforceable, and fully effective Agreement. The City reserves the right to reject any signature that cannot be positively verified by the City as an authentic electronic signature.
General Services/Concession License Agreement
Executed as of the day and year first above stated.
CONTRACTOR:
The Pony Express Equine Assisted Skills
For Youth, a Non-Profit Corporation
TYPE OF BUSINESS ENTITY:
_____ Individual/Sole Proprietor
_____ Partnership
__X__ Corporation
_____ Limited Liability Company
_____ Other (please specify: ___________)
Signatures of Authorized Persons:
By: _____________________________
Print Name:_Linda Aldrich____________
Title: __Owner_____________________
By: _____________________________
Print Name:_______________________
Title: ____________________________
City of Santa Rosa Business Tax Cert. No.
__80-0370392______________________
CITY OF SANTA ROSA
a Municipal Corporation
By:________________________________
Print Name:_Mark Stapp_______________
Title: __Mayor________________________
APPROVED AS TO FORM:
____________________________________
Office of the City Attorney
ATTEST:
____________________________________
City Clerk
Attachments:
Attachment One - Insurance Requirements
Exhibit A - Scope of Services
Exhibit B – Compensation/Rates
Exhibit C – Hours of operation
Exhibit D – Pony Ride Corral Area
Attachment One to Professional Services Agreement
Form approved by the City Attorney 4-14-14
ATTACHMENT ONE
INSURANCE REQUIREMENTS FOR
PROFESSIONAL SERVICES AGREEMENTS
A. Insurance Policies: Consultant shall, at all times during the terms of this Agreement, maintain and keep in full force and effect, the following policies of insurance with minimum coverage as indicated below and issued by insurers with AM Best ratings of no less than A-:VI or otherwise acceptable to the City.
Insurance
Minimum
Coverage Limits
Additional Coverage Requirements
1. Commercial
general liability
$ 1 million per
occurrence
Coverage must be at least as broad as ISO CG
00 01 and must include completed operations
coverage. If insurance applies separately to a
project/location, aggregate may be equal to per
occurrence amount. Coverage may be met
by a combination of primary and umbrella
or excess insurance but umbrella and
excess shall provide coverage at least as
broad as specified for underlying coverage.
Coverage shall not exclude subsidence.
$ 2 million
aggregate
2. Business auto
coverage
$ 1 million ISO Form Number CA 00 01 covering any auto
(Code 1), or if Consultant has no owned autos,
hired, (Code 8) and non-owned autos (Code 9),
with limit no less than $ 1 million per accident
for bodily injury and property damage.
3. Professional liability
(E&O)
$ 1 million per
claim
Consultant shall provide on a policy form
appropriate to profession. If on a claims made
basis, Insurance must show coverage date
prior to start of work and it must be maintained
for three years after completion of work.
$ 1 million
aggregate
4. Workers’
compensation and
employer’s liability
$ 1 million As required by the State of California, with Statutory Limits and Employer’s Liability
Insurance with limit of no less than $ 1 million
per accident for bodily injury or disease. The
Workers’ Compensation policy shall be
endorsed with a waiver of subrogation in favor
of the City for all work performed by the
Consultant, its employees, agents and
subcontractors.
B. Endorsements:
1. All policies shall provide or be endorsed to provide that c overage shall not be canceled, except after prior written notice has been provided to the City in accordance with the policy provisions.
Attachment One to Professional Services Agreement
Form approved by the City Attorney 4-14-14
2. Liability, umbrella and excess policies shall provide or be endorsed to provide the following:
a. For any claims related to this project, Consultant’s insurance coverage shall be primary and any insurance or self -insurance maintained by City shall be excess of the Consultant’s insurance and shall not contribute with it; and,
b. The City of Santa Rosa, its officers, agents, employees and volunteers are to be covered as additional insureds on the CGL policy. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used.
C. Verification of Coverage and Certificates of Insurance: Consultant shall furnish City with original certificates and endorsements effecting coverage required above.
Certificates and endorsements shall make reference to policy numbers. All certificates and endorsements are to be received and approved by the City before work commences and must be in effect for the duration of the Agreement. The City reserves the right to require complete copies of all required policies and endorsements.
D. Other Insurance Provisions:
1. No policy required by this Agreement shall prohibit Consultant from waiving any right of recovery prior to loss. Consultant hereby waives such right with regard to the indemnitees.
2. All insurance coverage amounts provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement limits the application of such insurance coverage. Defense costs must be paid in addition to coverage amounts.
3. Policies containing any self -insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either Consultant or City.
Self-insured retentions above $10,000 must be approved by City. At City’s option, Consultant may be required to provide financial guarantees.
4. Sole Proprietors must provide a representation of their Workers’ Compensation Insurance exempt status.
5. City reserves the right to modify these insurance requirements while this Agreement is in effect, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
EXHIBIT A
SCOPE OF SERVICES
1. CONTRACTOR’S DUTIES AND RESPONSIBILITIES
CONTRACTOR agrees to operate the Concession on the Premises in accordance with the terms and conditions herein.
The Contractor shall furnish to the CITY all qualified labor, equipment, animals and transportation necessary to perform pony ride concession services at Howarth Park, Santa Rosa, California as follows:
1.1 Facilities
A. Provide gentle ponies suitable for riding by small children.
B. Feed and care for such ponies in a lawful and humane manner.
C. Maintain the premises designated for use by Contractor in Exhibit D (Pony Ride Corral Area) in a clean and healthful condition, free from manure, garbage, and debris.
D. Maintain the premises designated for use by Contractor in a safe and suitable manner for the services to be provided including but not limited to trail preparation and installation of ground covering.
E. Each day, collect and deposit all garbage, debris and manure from operation, placing manure in plastic bag containers and placing garbage and debris in CITY ’s garbage dumpsters.
F. Train pony ride staff and /or volunteers in accident procedures and customer service procedures that are consistent with CITY procedures.
G. Comply with all laws, rules and regulations, including but not limited to the rules and regulations of CITY’s Recreation and Parks Department and all orders of the Director of Recreation and Parks.
H. Contractor shall not make any alterations to the premises or erect or maintain any signs thereon without CITY’s written notice.
I. Contractor shall pay for all damages incurred by the CITY in connection with the operation of Concession.
J. Contractor shall park in designated parking space only as identified in Exhibit D and is responsible for putting poles in place and locking them after use and shall ensure that employees and volunteers park in the public parking lot. Contractor is responsible for all issued keys and the cost of the replacement if lost.
K. Contractor shall not use the premises in any manner that will constitute waste or cause nuisance or unreasonable annoyance to park users and/or owners or occupants of adjacent properties.
L. Contractor shall not use loudspeakers or sound or light apparatus which can be heard or seen outside the premises.
M. Contractor and all employees and volunteers shall carry proper identification on their persons at all times. All of Contractor ’s employees and volunteers shall be neat, courteous and polite.
N. All of Contractor ’s employees and volunteers shall be experienced in working with ponies/horses in a similar setting and well trained in customer service and operation procedures.
O. Contractor agrees to furnish all qualified labor, equipment and transportation necessary to operate the Concession during the dates and times outlined in attached Exhibit C.
P. Contractor shall remove concession staff or volunteers upon request by CITY.
Q. Contractor is responsible for emptying water tubs daily.
1.2 Operation
A. Contractor shall employ its best efforts to operate the Concession in a manner which will produce the maximum gross receipts, consistent with serving the needs of Howarth Park patrons and providing quality customer service at all times.
B. Contractor shall continuously utilize the premises for the uses specified in this Concession Agreement, maintain adequate personnel for efficient service of its customers, and not lower or change the quality of its business without CITY’s consent.
C. Contractor and its employees shall work directly with CITY staff to ensure smooth operations, quality customer service and maintain effective working relationships.
D. Contractor shall provide staff shirts and/or name tags to identify its employees and maintain quality service, and behave in a professional manner.
E. Contractor shall have one responsible adult (18 years or older) on the premises at all times. At no time will the pony ride concession be operated if no one 18 years of age or older is in attendance as the operator of the concession. The responsible adult must be identified by Contractor upon commencement of this Agreement, approved by CITY, and scheduled ahead of time with CITY.
F. Pony ride volunteers are not employees or volunteers of the CITY . The CITY is not responsible for Contractor’s employees or volunteers.
G. Contractor shall turn in lost and found articles to the Howarth Park Train Station ticket booth daily.
H. Contractor is responsible for providing and maintaining its own equipment and telephone for daily operations. This includes a first aid kit and supplies needed for staff/volunteers and ponies and garbage bags needed f or daily garbage/manure removal.
I. In December of each year , CITY’S Recreation and Parks Department Director o r signee will notify Contractor of the exact dates and times for the operation of the upcoming season and will revise Exhibit “C” and provide in writing to Contractor. The revised Exhibit C shall automatically become part of this Agreement.
1.3 Hours of Operation
A. Specific dates and times shall be scheduled annually by the Recreation and Parks Department. In the event of rain and park concession closure, the CITY will notify Contractor by 9:30 a.m. that morning.
B. Minimum hours of operation shall be as follows:
1. Contractor shall be ready to operate by opening time .; and stay as needed to service those with tickets, up to 30 minutes after closing time.
2. Contractor shall secure written permission from CITY to operate the pony ride concession for more hours than the minimum identified in this License Agreement.
3. Contractor shall not operate the concession between the hours of 6:00 p.m. and 10:00 a.m. without the written permission from CITY.
4. Contractor may request additional hours for special events in conjunction with CITY’s Recreation and Parks Department program and will be compensated for such services as described in Exhibit B.
C. Contractor shall not subcontract services on the premises unless approved in advance in writing by CITY’s Recreation and Parks Department Director or signee.
1.4 Prices and Rates
A. All prices or rate changes shall have prior written approval from CITY.
B. Contractor shall not sell any merchandise associated with the concession without prior written approval from CITY’S Recreation and Parks Department Director or signee.
CITY reserves the right to prohibit the sale of any item which it deems objectionable, beyond the scope of proper service, or does not meet minimum safety standards.
1.5 Ticket Sales
A. Contractor shall not take payment for the purpose of providing service and shall direct all customers to the K-Land ticket booth to purchase pony ride tickets.
B. Unused pony ride tickets shall be honored after the day of sale for the current year of operation.
2. CITY’s DUTIES AND RESPONSIBILITES
2.1 Facility
A. Provide authorized parking area for Contractor to park, load and unload ponies as identified in Exhibit D.
B. Furnish annual facility prep for the general safety of the public including but not limited to fence repair and tree or shrub trimming.
C. Furnish water access services to Contractor.
D. Program:
1. Publish hours of operation and special events or classes through CITY’s Activity Guide, signage and website: howarthpark.com.
2. Collect the ticket fee or payment for pony tickets and discount cards, and issue pony ride birthday package tickets to Contractor’s customers.
E. The CITY will provide Contractor with a daily report of each operating days’ sales.
EXHIBIT B
COMPENSATION/RATES
Ride Fair
Birthday Party Package Tickets
$7.00/Per Ride Fair
1-lap Discount Passes
$80.00/Per 10 Rides
Special Event
$7.00/Per Ride
2-Lap Tickets
$15.00/Per Ride Fair
1-lap Tickets
$10.00/Per Ride Fair
Contractor will receive 92% of each ride fair as payment for services performed under the contract. The City will retain the remaining 8%.
EXHIBIT C
HOURS OF OPERATION
2025 Summer Schedule:
Saturday, May 24, 2025 – Thursday, August 14, 2025
Saturday/Sunday: 11:00 am – 5:00 pm
Monday – Thursday: 11:00 am – 4:30 pm
Fridays – Closed
Memorial Day: Monday, May 26, 2025 11:00am – 5:00pm
2025 Fall Weekends & Holiday:
Saturday, August 16, 2025 – Sunday, October 26, 2025
Saturday/Sunday: 11:00 am – 5:00 pm
Labor Day: Monday, September 1, 2025 11:00 am – 5:00 pm
2025 Special Events
Halloween: Saturday October 25, 2025