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HomeMy Public PortalAbout156-2019 - Finance - Carver's Restaurant - Catering for Health Fairr 9 AGREEMENT THIS AGREEMENT made and entered into this day of 201.9, and referred to as Contract . No. 156-2019, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and B&MPG LLC d/b/a Carver's Restaurant, 2270 Chester Boulevard, Richmond, Indiana, 47374 (hereinafter referred to as the "Contractor"). ' ` J SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide breakfast catering services in connection with the City's Health Fair to be held at the Kuhlman Center located at 861 Salisbury Road on October 4, 2019, for the City's Finance Department (the "Project"). Said breakfast catering shall result in breakfast being available to be served from 6:30 a.m. until approximately 11:00 a.m. for an estimated number of people to be served, initially anticipated to be capped at a minimum of two hundred (200) people as further explained in Section III (Compensation) below. Requests for Quotes were made in September of 2019, which Requests have been made available for Inspection by City, are on file ih the 'office of the Finance Department for the City. and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. Contractor's quote, dated September 5, 2019, is attached hereto as Exhibit A, which Exhibit consists of two (2) pages, and which Exhibit is attached hereto and made a part hereof. Contractor agrees to abide by the same. Contractor's Certificate of Insurance is attached hereto as Exhibit B. Contractor shall be responsible, at its _ cost, for obtaining any necessary licenses or permits in connection with the serving of food and/or beverages as provided at the event described herein. 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 which are incidental to 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; 2. The City is in receipt of any requested 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 II. 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 oven expense, competent supervision of its services. Page I of 6 Contract No. 156-2019 A 1 1 SECTION III. COMPENSATION City shall pay Contractor at a rate not to exceed Ten Dollars and Zero Cents ($10.00) per person served. The total amount to be paid to Contractor pursuant to the above --described rates is estimated not to exceed Two Thousand Dollars and Zero Cents ($2,000.00), which shall not be unreasonably withheld, for the satisfactory performance of this Agreement for the initially estimated two hundred (200) people anticipated to be served as outlined in Section I above. Notwithstanding the above, the Parties agree that in the event the City is able to raise additional funds concurrently with or subsequent to the execution of this Agreement, anticipated to be an additional amount of Five Hundred Dollars and Zero Cents ($50 - 0.00), said additional funds shall allow Contractor to serve an additional fifty (50) people and the Prties agree that City, by and through its Finance Department, shall contact Contractor immediately upon said additional funds being obtained for said use. Only in the event the additional funds are able to be obtained as described above, shall the City pay Contractor a total amount estimated not to exceed Two Thousand Five Hundred Dollars and Zero' Cents ($2,500.00) for the satisfactory performance of this Agreement for the estimated two hundred fifty (250) people desired to be served. -If performance is not satisfactory, City shall inform Contractor immediately at the time of service. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until satisfactory completion of the Project. Notwithstanding the term of this Agreement, 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 and proper manner its obligations under this Agreement; b. submission by the Contractor to the City of reports that are incorrect or incomplete in any 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. Page 2 of 6 fdt SECTION V. INDEMNIFICATION AND INSURANCE r 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 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 Limits A, worker's Compensation & Statutory Disability Requirements B. Employer's Liability $1005000 C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1.000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence L $2,000,000 each aggregate The amounts listed on Exhibit B shall supersede the amounts set forth above, except where any . amounts are required by law. SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing performance -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. Page 3 of 6 I d I Contractor covenants and agrees to comply with the worker's compensation provisions of the SEP Agreement. SECTION VII. 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: 1. 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; 3. 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 monies 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 VIII. 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 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 is to Page 4 of 6 I if 4 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 IX. 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 City determines during the course of this Agreement that this certification is no longer valid, 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 X. 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, for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION XI. 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 otherparty. 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 suit arising under this Contract, if any, 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 or her 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 City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not -suit is filed. - Page 5 of 6 In the event that an ambiguity or 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 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 Public works and Safety By: W Vicki Robinson, President <0 B Y• T-,rnily Pa er, Member i By: Matt Evans, Member APPROVED: %--AY' avid M. yor Date: tq "CONTRACTOR" B&MPG LLC DIBIA CARVER'S RESTAURANT 2270 Chester Boulevard Richmond, IN 47374 By: I C14 I)P6,0 Maria-Nakis, Member of B&MPG LLC Date: Cf Page 6 of 6 r e Faarvers Restaurant �• 70 Chester. Blvd. Richmond., IN' 47.�74 Bus. Phone: (765) 9664565 Fax: "(765) 939-0730 Email: mnakis@nakislaWgroU-pxom -September 5, -201.9 SENT VIA►.. EMAIL Catering Clt�y ,Employee Health. Fair Breakfast re ared r. CITY OF RICHMaN.D DEPARTMENT OF FIN-ANCE — PURCHASING OFFICE 50 'NORTH. _FIFTI-I :STREET, RICHMOND, INDiANA. 47374 PHONE (765) 9.53-72� FAX (.765) 97371`524 Stephanie -Sherwood, Benefits Administrator Dear Stephanie Sherobd: Thank you for c.onsidoring us-. as a. prospective caterer .for your City Ef mployee Health r: eair Brea1 ast, Our goal is -.your satisfaction and to support you -in this great event. We * ll work With you to meet your minimum budget requl'rements*.. Parties. City of Richmond (hereinafter "Vendor) R&IMPG, 'LLC aka Carv.er's Restaurant (h.dreinaf w. "Bidder" &/or "Caterer') EventFriday, October 4, 20 l.9 Ilme: 6:34 AM to- i 1:00 AM or-iater•.if-nee-ded (Sep- E-vent .Descriptioli) Tyent focatio'TVI Kuhlman Center located at 861 Salisbury .Road, Ric'limond,..IN 47374 Event Descrintion: L - Pull -service -breakfast buffet line, served by the eaterer, to control portions so that the food- does- not,run -out before the. final partidipants go through tlie. vent. •Caterer .is only res_pQt sible, for setting -up the. buffet'iine, serving the °food, and•br - king down the buffet line. Page I of-2 t �l� T A -PAGE _L_OF 9 Ahk ` r� Faa r'v e r p s Restaurant 2270 Chester Blvd. Richmond, IN 47374 Bus. Phone: (765) 966-8565 Fax: (765) 939-0730 . Email: mnakis@nakislawgroup.com 2. Caterer will arrive, set up and ready to serve the participants by no later than 6:30 AM. 3. Caterer will stay until at least 11:00 AM or until all participants have been served, whichever is later, but no later than 12:00 p.m. Caterer -will stay later than 12:00 PM, if needed, for an additional fee for their staff. 4. Buffet will consist of scrambled eggs (at least 2 per -person), sausage patties (1 per --person), bacon (2 per -person), hash brown potatoes, biscuits and gravy (1 per -person). 5. Caterer's bid does not include plates, napkins, eating utensils, butter, jelly/jam and TO -GO containers and the City will provide them. Caterer's bid does include ketchup, mustard, hot sauce and salt & pepper. 6. Caterer will accept and collect "Breakfast Tickets" from the participants in order to go through the buffet line, which will be provided by the Vendor. At the end of the event, the tickets will be tallied by both parties and the caterer will submit an invoice to the City of Richmond for payment after the event. Payment shall.be made within fourteen (14) days after invoice is submitted via email to ssherwood@richmondindiana.gov. Event Quote. This bid is a per -person price at $10.001person, which includes the costs for the following: -- Set up of full -service buffet - Staff (2-4 employees) to set up, serve, and clean up buffet line - 6:3 0 AM — 11:00 AM or 12:00 PM. Caterer will stay later if needed for an -additional staff fee Please do not hesitate to contact me if you have any questions, suggestions, or wish to- discuss this matter further. we look forward to hearing from you. Prepared 6y: Carver's Restaurant B&MPG, LLC a/k/a Carver's Restaurant, Bidder Maria Nakis, Member/Owner (317) 476-2080 Page 2 of 2 P CARVE-1 OP ID: L DATE (MMIDDIYYYY) 09►06/2019 CERTIFICATE OF L.IAB I LlTY I N S URANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 765-962-9502 HARRINGTON-HOCH, INC 1126 EAST MAIN STREET RICHMOND, IN 47374 Ann L Brooks CONTACT Ann L Brooks PHONE 765-962-9502 FAX 765-962-9506 AiC, No, Ext : A/C, No): E-MAIL abrooks-@harrington hoc .com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Donegal Insurance Group �NU PG, LLC INSURER B INSURER C : dba Carver's Restaurant Restaurant 2270 Chester Blvd Richmond, IN 47374 INSURER D : INSURER E INSURER F : CnVFRAnFS CERTIFICATF NIIMRFR• P1=V1CzInK1 MI11111P IP. THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR TYPE OF INSURANCE DDLNSD UBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A COMMERCIAL GENERAL LIABILITY 1 CLAIMS -MADE 0 OCCUR I Business Owners BOP8761656 07102/2019 07/02/2020 EACH OCCURRENCE $ 110000000 DAMAGE TO RENTED �� PREMISES (Ea $ 50,000 X GEN'L NIEDEXP(Any oneperson) $ 51000 PERSONAL &ADV INJURY $ 13000,000 AGGREGATE LIMIT APPLIES PER: POLICY[�] JE0F LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 21000,000 AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON-pWNEp AUTOS ONLY AUTOS ONLY COMaBINED SINGLE LIMIT $ BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROaPcEc' # AMAGE P $ A X UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE CXL9210738 07/02/2019 07/02/2020 EACH OCCURRENCE $ 11000,000 AGGREGATE $ 11000,000 DED JAX RETENTION$ 10000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? Mandatory In NH) If es, describe under ❑ASCRIPTION OF OPERATIONS below NIA WC8761656 07102/2019 07/02/2020 X PER OTH- TATUTE ER E.L. EACH ACCIDENT 500100a $ E.L. DISEASE - EA EMPLOYEE 500,000 $ E.L. DISEASE - POLICY LIMIT 500,000 S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) ERTI City of Richmond 50 North 5th Street Richmond, IN 47374 CITYRIC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 61191� 5e�� �2f� ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD F10+1181T 1; PAGf .LCF 1, Stephanie Sherwood From: rai ssnnaC_....."a r' slaw.°�o_-`� -A. Sent: Wednesday, October 2, 2019 4:30 PM To: Stephanie Sherwood Subject: Re: Executing The Contract 'es_- 7 :theconractve:discus sed, he= cans n-forsme: Thari.s On Wed, Oct 2, 2019, 4:25 PM Stephanie Sherwood <ssherwoodgrichmondindiana.gov> wrote: o.-you-g �e ernni-ssionr-forP-astor :to sig ' offon the -contract I just need your response for documentation purposes. Thank -You! Stephanie Sherwood PayroCC& Benefits SpeciaCist City of Richmond ,Finance Deyartment 50 Worth 5`" Street Richmond IN47374 PHONE: (765) 983-7202 FAX. (765) 973-1524 -w ww. richmon&ndiana.GOv This e-mail, including attachments, may include confidential and/or proprietary information, and may be used only by the person or entity 1 to which it is addressed. If the reader of this e-mail is not the intended recipient or his or her authorized agent, the reader is hereby notified p g � y that any dissemination, distribution or copying of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender by replying to this message and delete this e-mail immediately. E In the event that an ambiguity or 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 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. By. "CITY" THE CITY OF RICHMOND, INDIANA by and through its Board Of Public Works and Safety Vicki Robinson, President By: - Emily Palmer, Member By: Matt Evans, Member APPROVED: David M. Snow, Mayor Date: "CONTRACTOR"" B&MPG LLC D/B/A CARVER'S RESTAURANT 2270 Chester Boulevard Richmond, IN 47374 By: �{ Maria N kis, Member of B&MPG LLC Date: m eq � // � Page 6of6