HomeMy Public PortalAbout163-2017 - Rental for farmers market @ Depot District Market & Parker Co LLCAGREEMENT
THIS AGREEMENT made and entered into this I"" day of &—, 2017, by and
between the City of Richmond, Indiana, a municipal corporation acting by and through its Board
of Parks and Recreation, with its office at 50 North 51h Street, Richmond, Indiana, 47374 (the
"City") and Depot District Market (hereinafter individually and/or collectively referred to as the
"Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide professional services in connection with the provision of
space for the City's Winter Farmer's Market to be held on the first and third Saturdays of
November, December, January, February and March, totaling ten (10) Saturdays. Contractor
agrees to make available the space outlined in its "Rental Agreement." Contractor shall comply
with the requirements previously requested by the City which are set forth on the Request for
Quotes, which is attached hereto and incorporated by reference herein as Exhibit "A." Contractor
responded to said Request by issuing its "Rental Agreement", which the City previously executed.
All of the terms and conditions of Exhibit "B" shall apply to this Agreement, and are expressly
incorporated herein; however, this Agreement shall further define the same and the provisions
contained herein shall also apply to the agreement of the parties.
Should any provisions, terms, or conditions contained in any of the documents attached hereto as
Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the
provisions, terms, or conditions of this Agreement, this Agreement shall be controlling.
The Contractor shall furnish all labor, material, equipment, and services necessary for the proper
completion of all work specified.
No performance of services shall commence until the following has been met:
1. The City is in receipt of any required certificates of insurance and/or warranties;
2. The City is in receipt of any required affidavit signed by Contractor in accordance
with Indiana Code 22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
SECTION 2. STATUS OF CONTRACTOR
Contractor shall be deemed to be an independent contractor and is not an employee or agent of the
City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the
work.
Contract No. 163-2017
Page 1 of 6
SECTION 3. COMPENSATION
City shall pay Contractor the sum of Two Thousand Five Hundred Dollars and 00/100 ($2,500.00)
for full and complete satisfaction of the services described herein. Any deposit which Contractor
may typically require is hereby waived. ? 1X6 *OD eo-Aab i'r a 4(.x t4 ?4e-" '
SECTION 4. TERM OF AGREEMENT
This Agreement shall become effective when signed by the parties and shall continue in effect
until the last Saturday specified above.
Notwithstanding the term of this Agreement, the City may terminate this Agreement in whole or
in part, for cause, at any time by giving at least five (5) working days written notice specifying the
effective date and the reasons for termination which shall include but not be limited to the
following:
a. failure, for any reason of the Contractor to fulfill in a timely manner
its obligations under this Agreement;
b. submission by the Contractor to the City of reports that are incorrect or incomplete in
an material respect
c. ineffective or improper use of funds provided under this Agreement;
d. suspension or termination of the grant funding to the City under which this
Agreement is made; or
e. unavailability of sufficient funds to make payment on this Agreement.
In the event of such termination, the City shall be required to make payment for all work performed
prior to the effective date by Contractor, but shall be relieved of any other responsibility herein.
This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties
by setting forth the reasons for such termination, the effective date, and in the case of partial
termination, the portion to be terminated.
SECTION 5. INDEMNIFICATION AND INSURANCE
Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person
or property or any other claims which may arise from the Contractor's conduct or performance of
this Agreement, either intentionally or negligently; provided, however, that nothing contained in
this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers,
agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter
maintain such insurance as will protect it from the claims set forth below which may arise out of
or result from the Contractor's operations under this Agreement, whether such operations by the
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Contractor or by any sub -contractors or by anyone directly or indirectly employed by any of them,
or by anyone for whose acts the Contractor may be held responsible.
Coverage
A. Worker's Compensation &
Disability Requirements
B. Employer's Liability
C. Comprehensive General Liability
Section 1. Bodily Injury
Section 2. Property Damage
D. Comprehensive Auto Liability
Section 1. Bodily Injury
Section 2. Property Damage
E. Comprehensive Umbrella Liability
Limits
Statutory
$100,000.00
$1,000,000.00 each occurrence
$2,000,000.00 aggregate
$1,000,000.00 each occurrence
$1,000,000.00 each person
$1,000,000.00 each occurrence
$1,000,000.00 each occurrence
$1,000,000.00 each occurrence
$1,000,000.00 each aggregate
F. Malpractice/Errors & Omissions Insurance $1,000,000.00 each occurrence
$2,000,000.00 each aggregate
SECTION 6. COMPLIANCE WITH WORKER'S COMPENSATION LAW
Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall,
before commencing work under this Agreement, provide the City a certificate of insurance, or a
certificate from the industrial board showing that the Contractor has complied with Indiana Code
Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore
subject to another state's worker's compensation law, Contractor may choose to comply with all
provisions of its home state's worker's compensation law and provide the City proof of such
compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law.
SECTION 7. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS
Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work
eligibility status of all newly hired employees of the contractor through the Indiana E-Verify
program. Contractor is not required to verify the work eligibility status of all newly hired
employees of the contractor through the Indiana E-Verify program if the Indiana E-Verify program
no longer exists. Prior to the performance of this Agreement, Contractor shall provide to the City
its signed Affidavit affirming that Contractor does not knowingly employ an unauthorized alien in
Page 3 of 6
accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor
shall be required to remedy the violation not later than thirty (30) days after the City notifies the
Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day
period provided above, the City shall consider the Contractor to be in breach of this Agreement
and this Agreement will be terminated. If the City determines that terminating this Agreement
would be detrimental to the public interest or public property, the City may allow this Agreement
to remain in effect until the City procures a new contractor. If this Agreement is terminated under
this section, then pursuant to IC 22-5-1.7-13 (c) the Contractor will remain liable to the City for
actual damages.
SECTION 8. IRAN INVESTMENT ACTIVITIES
Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in
investment activities in Iran. In the event the City determines during the course of this Agreement
that this certification is no longer valid, the City shall notify Contractor in writing of said
determination and shall give contractor ninety (90) days within which to respond to the written
notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased
investment activities in Iran within ninety (90) days after the written notice is given to the
Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the
event the City determines during the course of this Agreement that this certification is no longer
valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5,
the City reserves the right to consider the Contractor to be in breach of this Agreement and
terminate the agreement upon the expiration of the ninety (90) day period set forth above.
SECTION 9. PROHIBITION AGAINST DISCRIMINATION
A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub -contractor, or any person acting
on behalf of Contractor or any sub -contractor shall not discriminate against any employee
or applicant for employment to be employed in the performance of this Agreement, with
respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly
or indirectly related to employment, because of race, religion, color, sex, disability,
national origin, or ancestry.
B. Pursuant to Indiana Code 5-16-6-1, the Contractor agrees:
That in the hiring of employees for the performance of work under this Agreement
of any subcontract hereunder, Contractor, any subcontractor, or any person acting
on behalf of Contractor or any sub -contractor, shall not discriminate by reason of
race, religion, color, sex, national origin or ancestry against any citizen of the State
of Indiana who is qualified and available to perform the work to which the
employment relates;
2. That Contractor, any sub -contractor, or any person action on behalf of Contractor
or any sub -contractor shall in no manner discriminate against or intimidate any
employee hired for the performance of work under this Agreement on account of
race, religion, color, sex, national origin or ancestry;
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That there may be deducted from the amount payable to Contractor by the City
under this Agreement, a penalty of five dollars ($5.00) for each person for each
calendar day during which such person was discriminated against or intimidated in
violation of the provisions of the Agreement; and
4. That this Agreement may be canceled or terminated by the City and all money due
or to become due hereunder may be forfeited, for a second or any subsequent
violation of the terms or conditions of this section of the Agreement.
C. Violation of the terms or conditions of this Agreement relating to discrimination or
intimidation shall be considered a material breach of this Agreement.
SECTION 10. RELEASE OF LIABILITY
Contractor hereby agrees to release and hold harmless the City and all officers, employees, or
agents of the same from all liability which may arise in the course of Contractor's performance of
its obligations pursuant to this Agreement.
SECTION 11. MISCELLANEOUS
This Agreement is personal to the parties hereto and neither party may assign or delegate any of
its rights or obligations hereunder without the prior written consent of the other party. It shall be
controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It
constitutes the entire Agreement between the parties, although it may be altered or amended in
whole or in part at any time by filing with the Agreement a written instrument setting forth such
changes signed by both parties.
This Agreement may be simultaneously executed in several counterparts, each of which shall be
an original and all of which shall constitute but one and the same instrument.
The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit
arising out of this Contract must be filed in said courts. The parties specifically agree that no
arbitration or mediation shall be required prior to the commencement of legal proceedings in said
Courts.
Any person executing this Contract in a representative capacity hereby warrants that he has been
duly authorized by his principal to execute this Contract.
In the event of any breach of this Agreement by Contractor, and in addition to any other damages
or remedies, Contractor shall be liable for all costs incurred by the City in its efforts to enforce this
Agreement, including but not limited to, the City's reasonable attorney's fees, whether or not suit
is filed.
In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement
arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption
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or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any
of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Parks and Recreation
By: j4�(M
Denise Retz, Superintendent
Date: 11/7 /17
Approved: 1
M. Stolll,*ayor
Date: 0 ? /( y
"CONTRACTOR"
DEPOT DISTRICT MARKET
By:
Printed: t�- ?4"at
Title: C
Date: 11/*711.7
Page 6 of 6
CONTRACT REQUEST FORM
1. Date contract needed (Clerk or agenda deadline): ASAP
Date Submitted to Law*: 11/1/2017
2. Board/Commission that will approve contract Denise/Under 5,000
3. Has bid been awarded? N/A
Date awarded or expected:
4. Is this a Common Construction Wage Project? No
5. Brief description of work to be performed or supplies to be furnished:
No work, just use of the facility for the Winter Market. see list of dates in other information
Rick Parker will sign on behalf of the Depot District Market as the owner
6. Name and address of Contractor to be retained:
7. What method was used to request bids? (check one)
Professional Services
Request for Proposals
Request for Qualifications
Depot District Market
923 North E Street
Richmond, 1N 4737
Request for Quotes
Bid Specifications
State Quantity Purchase Bid/Quote
8. What date was the Bid Specification/RFP/RFQ/QPA sent out or requested? NA
9. Date of Contractor's Response/ProposalBid*. N/A
10. Did the Contractor supply you with all necessary certificates of insurance, warranties, etc.? Yes
11. In what office are the Bid Specifications/RFP/Bid lists on file with the City? N/A
12. Amount to be paid to Contractor $ 2,500
13. Any other relevant information:
Term of Contract: 11/4/2017-3/17/2018
1st and 3rd Saturday November, December, Jan, Feb, March (10 Saturdays in Total) NO damage deposit required -waived,
11/4 11/18 12/2 12/16 1/6/18 1/20/18 2/3/18 2/17/2018 3/3/2018 3/17/2018
15. Submitted By: Denise Retz
Department: Parks Department
*Please complete and return, along with Contractor's response and any and all attachments or
exhibits, at least one (1) week before the contract is needed for its Agenda deadline. Incomplete
submissions will be returned to the Department Head.
January 2011
1=X�iSE3iT � pAGE ( G� ' 4
DE�poT DIS��C'f
MARKET
co
l$99
www.4parker.com
765-966-5654
MENTAL AGREEMENT
DEPOSIT: A $300.00 damage deposit is due at booking; this amount is in addition to the room
rental fees. The deposit is refundable within 72 hours after your event if no damage or contract
violations have occurred during your rental. If your event is cancelled or the date is changed for
any reason within 120 days of your event you will forfeit your deposit unless date is rebooked.
RENTAL FEE: The rental fee must be paid in full at least one month prior to event. If rental fee
is not paid a reminder will be sent and full amount will need to be paid with cash upon receipt of
reminder. If full payment is not received within 14 days, deposit will be forfeited and event
cancelled.
SETUP: The room comes set-up "as is." You may arrange the room anyway you wish with prior
approval of management. We will get you in as early as possible the day "of" or the day before
your event (if possible) for set-up. Room set-up is limited to one hour. All deliveries from
caterer, florists, DJ's, etc. need to be during this 1-hour time period, unless other arrangements are
made. FEE: No charge if you do it all during regular business hours (8:30-4:00 Monday -Friday),
$40.00 per hour if we help, do it all, or you set up "after hours" - minimum 1 hour. If anything is
moved out of room, it either needs moved back in by you or we can move it (for $40.00 per
hour).
MUSIC: DJ's and bands are able to plug into our sound system using 1/" plug, but it is not
required.
SOUND SYSTEM AVAILABLE: for use without a DJ or Band. To use the 5-disc CD changer:
host must provide CD's that are compatible in the club's CD changer. Host has the option of
playing songs straight through or at random.
i-A6t,.. 1 J
ALCOHOL: We have a 3-way (Beer, Wine, and Liquor) License. Absolutely no carry -in
alcoholic beverages allowed. Please see our menu for our very competitive pricing. If any
alcoholic beverages are brought in by you or any of your guests you will forfeit your
damage deposit.
OTHER DRINKS: All drinks must be purchased through us. There is a "Flat Rate" charge
that includes unlimited soft drinks. We offer the host a flat rate for soft drinks, lemonade, and
coffee. (Actual rate depends on group size) See management for further pricing and availability.
For liability reasons we cannot allow any drinks to be carried in, you must purchase all drinks
through us, No carry -in beverages of any kind are allowed. If any non-alcoholic beverages
are brought in you will forfeit your damage deposit.
FOOD: If the bar is available to guests then there must be food served by law. (905 IAC 1-20-
1) This means you must have food served if there is alcohol served.
MISCELLANOUS RENTALS: We have tablecloths, napkins, place settings (plates and
silverware), and some decorations available for rent. See manager for pricing and availability.
CLEANUP: Folding up of chairs and tables and sweeping of floor will be the responsibility of
the winters Farmers Market Any items or decorations that you wish to keep please make
arrangements to take with you after the party or pick up later. Clean up of items must be
completed in less than 30 minutes or $40 per hour will be charged. Arrangements must be
made with manager prior to the close of event.
VENDORS: Must vacate the building within 30 minutes after your event. Vendors include
Caterer, DJ, Bands, Photographer, etc. Please be sure to make them aware of this prior to the
event. If vendors do not vacate the building in 30 minutes then $40 per hour will be charged to
the host.
EVENT STAFF: Our staff is limited to:
*Bar - Serving guests drinks at the "Walk-up" bar.
*Any table waiters will need to be provided by the caterer or you, if needed, must have
employee permit if serving alcohol.
The Depot District Market reserves the right:
*To refuse renting the room to anyone without reason.
*To maintain a non-smoking building. See management for designated smoking areas.
*To refuse the use of using certain decorations. No candles or flame of any kind,
confetti, or glitter.
*No staples, nails, tacks, etc. may be used to hang decorations.
*No tape used on any painted surfaces (floors, walls, stages, etc)
*To refuse serving alcohol to a particular guest or party at anytime.
*To ask any guest to leave for any reason - and if guest or guests refuse - we can stop the
event and have everyone leave.
" 'AGE 12,
Depot District Market
First Floor Rental Agreement
Manager- Samantha Goble 765-966-5654 sgoble225@gmail.com
Event Date: WWII, I j !" /� First Floor Rental Rate
t G rs, ltau�r� a 3/l�, a/f7/t8, 31,71 3/l /l8
Event Time* qp," _20f!j
Event: jIf
DJ/ Band
Name:
Phone:
E-mail:
Set Up: Date:
Time:
Other Delieveries:
Date: Time:
Date:
Time:
Date:
Time:
Rentals Available
Linens:
Total:$
Decorations:
Total:$
Other:
Total:$
Grand Total:
$
See attached page for details
W
Friday, Saturday, and Sunday $3,000.00
6 hour time limit between 8am-1pm
DDM $250 + $500 Credit
Catering/Soft Drink: $
Bar $
Other $
Gratuitv 15% $
(bar and catering)
Grand Total $
Damage Deposit $300.00 (waived)
Balance Due $2500- plus $500 credit w/ parks department
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