HomeMy Public PortalAbout152-2021 - Taylor Seifker Williams Design Group - professional services for Farmers Market PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT made and entered into this / day of , , 2021, and
referred to as Contract No. 152-2021, 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 Taylor Seifker Williams Design Group, 10 South New Jersey
Street, Indianapolis, Indiana, 46204 (hereinafter referred to as the "Contractor").
SECTION I. STATEMENT AND SUBJECT OF WORK
City hereby retains Contractor to provide consulting and professional services in connection with
the development of a Farmers Market Strategic Plan for the Parks Department as more fully
described in Contractor's proposal. Contractor shall perform all services described in
Contractor's proposal, received October 28, 2021, marked as "Exhibit A" which Exhibit consists
of six (6)pages, and which is attached hereto and made a part hereof. Contractor agrees to abide
by the same.
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.
Contractor shall perfoiui all work herein in a timely manner, conforming to all applicable
professional standards.
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;
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 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 own expense, competent supervision
of the work.
Contract No. 152-2021
Page 1 of 7
SECTION III. COMPENSATION
City shall pay Contractor a total amount not to exceed Twenty-seven Thousand Five Hundred
Dollars and Zero Cents ($27,500.00) for the work performed pursuant to this Agreement.
SECTION IV. TERM OF AGREEMENT
This Agreement shall be effective when signed by all parties and shall continue in effect until
satisfactory completion of the Agreement, which is anticipated to be concluded on or before
December 31,2022.
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 manner
its obligations under this Agreement;
b. submission of a report, other work product, or advice,whether oral or written,by the
Contractor to the City that is incorrect, incomplete, or does not meet reasonable
professional standards 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 date this Agreement is terminated, 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.
This Agreement may also be terminated by the City if a force-majeure event occurs and the
results or aftereffects of said event causes the performance of this Agreement to become
impossible or highly impracticable. Said event or results or aftereffects of said event would
include events or effects which the parties to this Agreement could not have anticipated or
controlled. Examples of a force-majeure event, or its results, would include, but would not be
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limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act
of Executive Enforcement of the Federal government,the State of Indiana, or local government.
SECTION V. 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 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 $100,000
•
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 •
$2,000,000 each aggregate
F. Professional Liability Errors $1,000,000 each occurrence
and Omissions $2,000,000 each aggregate
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•
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 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 VII. 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 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 VIII. 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.
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SECTION IX. 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 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 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.
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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 other party. Any such
delegation or assignment, without the prior written consent of the other party, shall be null and
void. This Agreement shall be controlled by and interpreted according to Indiana law and shall
be binding upon the parties, their successors and assigns. This document 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. By executing this Agreement the parties agree that this document supersedes any
previous discussion,negotiation, or conversation relating to the subject matter contained herein.
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. By executing this Agreement, Contractor is estopped from bringing suit or any other
action in any alternative forum, venue, or in front of any other tribunal, court, or administrative
body other than the Circuit or Superior Courts of Wayne County, Indiana, regardless of any right
Contractor may have to bring such suit in front of other tribunals or in other venues.
Any person executing this Contract in a representative capacity hereby warrants that he/she 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 in its efforts to enforce this
Agreement, including but not limited to, City's reasonable attorney's fees.
[Signature Page to Follow.]
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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
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" "CONTRACTOR"
THE CITY OF RICHMOND, TAYLOR SEIFKER WILLIAMS
INDIANA by and through its DESIGN GROUP
Board of Public Works and Safety 10 South New Jersey Street
Indianapolis, IN 46204
By: ,eG:
PV6404- By:
Vicki Robinson,President
By: Printed: V.OV1 L,TGLI�b
Emily Palmer,Member
By: Title: Pit near)
att Evans, Member
Date: �� � Date: I2.ZZI
APPROVED: r _
. • . Sn( ►r
Date: (2 22 Z�Zo
Page 7 of 7
Richmond Parks and Recreation Department
Farmers Market Strategic Plan
ATTACHMENT'A'
Farmers Market Strategic Plan Objectives:
Richmond Parks and Recreation will conduct a Farmers Market Strategic Plan to identify ways to expand
and strengthen the existing Richmond Farmers Market(RFM) program.
The proposed Richmond Farmers Market Strategic Plan and associated process will address the following
key Items:
• identify and build upon the strengths,weaknesses and opportunities of the current RFM
program;
• Gather case study data on similarly sized,successful Farmers Market programs within Indiana and
Ohio;
• Establish a community supported vision for the RFM;
• identify strategic and measurable goals for the RFM;and
• Identify short,mid and long-range action steps to support the expansion and maintenance of the
RFM program.
Proposed Scope of Work
Activities, as well as the anticipated meetings and deliverables,for each step in the process are outlined
as part of our proposed Scope of Work. These tasks will be adopted into the final Comprehensive Parks
Master Plan as an amendment.
Task 1:Identification of all Market Benefits
A written analysis of the real and perceived benefits of the RFM.The analysis will include the following
topics at a minimum.
1, Economic
2. Social
3. Health and Wellbeing
4. Quality of Life Initiatives
5, Other Benefits worth noting
Task 2:Program Inventory&Analysis
Building upon the Facilities and Programs Inventory being conducted as a part of the Comprehensive Park
Master Planning process,TSWDG will work with Department Staff to gather available data on the existing
Farmers Market program,Of specific interest are the following Items:
1, Market History
Documentation of the RFM's history including the origin,past facilities and known role within the
community.The history will document not only past information,but will include a timeline of
events to showcase the Market's evolution within the Richmond community,
2, Marketing Tools
A comprehensive inventory of current marketing tools,techniques and materials specifically
related to the summer and winter RFM programs.This inventory should focus on compiling
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21073-Richmond Farmers Market Strategic Plan Scope
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Richmond Parks and Recreation Department
Farmers Market Strategic Plan
graphic tools such as posters,flyers and/or mailers, identifying ways media is shared such as
social media channels,and/or mailings.
3. Vendor Registration,Guidelines,Attendance&Sales
This information would focus on gathering data on participating vendors including names, home/
farm locations and product offerings. Ideally this data would be available for the past three years.
This information should also focus on vendor reporting and how to properly collect and obtain it
more efficiently.
4. Community Attendance
This Information would focus on the actual, or estimated attendance at both the summer and
winter RFMs.Ideally this data would be available for the past three years.
5. Partnership Identification&Community Impact
• This information would focus on listing any community partner that provided support(resources
or capital)to support the Farmers Market program. Information would also be gathered about
how the RFM can better tie into local food systems and potential partners involved In that
process. Double Dollars program and the impact since implementation and how to grow and
provide more.
6. Revenue Identification&Funding Opportunities
This information would include a listing of the program's budget including all revenue earned and
event expenses.Ideally this data would be available for the past three years,
7, Infrastructure Assessment
Current infrastructure In place for the RFM will be evaluated and assessed so that
recommendations on improvements can be accurately made
8. Market Events&Activities
An audit of market events and activities that highlight what Is being done to attract market
participants and partners.What other opportunities might be available to the market that could
be looked to as options from other markets or surrounding areas,local partners, or potential
Investors.
Task 3:Case Studies
TSWDG will work with the Farmers Market Coordinator and other applicable City staff to identify(4)
four appropriate comparison communities and programs to better identify opportunities and
expectations for the RFM program.Using available data,the case studies will seek to quantify metrics
including revenues, attendance,vendor participation and resource needs so they can be used as a
benchmark during the Program Visioning and Idea Development phase. In this "visioning" process
phase we see this as an opportunity to DREAM BiG.
Potential comparable markets for case studies Include the Oxford Farmers Market, Hyde Park
Farmers Market,Irvington Farmers Market,and Garfield Park Farmers Market.
Task 4:Additional Outreach and Engagement Activities
TSWDG will work with Department Staff to complete the following additional engagement meetings:
21073-Richmond Farmers Market Strategic Plan Scope 2
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Richmond Parks and Recreation Department
Farmers Market Strategic Plan
1, Staff Discussion
Using Zoom(or other digital meeting software)TSWDG will conduct one on one Interviews
with the Farmers Market Coordinator and other applicable City staff to understand their
viewpoint on the current RFM program and the future opportunities that exist. Interviews
will focus on conducting a SWOT(strengths,weaknesses,opportunities and threats)
assessment of the current program. ..
2. Stakeholder Information Aggregation
Over the course of one,eight hour day,TSWDG will conduct up to three(3)focus group
discussions with Farmers Market vendors(current and past)to understand their viewpoint
on current market operations and procedures.Topic areas to explore will include:program
organization, program attendance,program marketing,future needs and demands as well
as an overall assessment of the strengths,weaknesses and opportunities of the current
maintenance program.The outcome of these focus groups will be paired with the program
inventory to provide an accurate picture of the current program offerings.
It is anticipated that these stakeholder meetings will be held in person, however digital
methods(Zoom,GoTo Meeting etc.) may be used if deemed appropriate.
3. Community and Vendor Survey •
TSWDG will develop and conduct two digital surveys:one for vendors and one for
community members. Both perspectives are crucial to the success and growth of the
Market and surveys will allow for a wider range of perspectives to be considered and
potentially applied to the Strategic Plan.
TSWDG will coordinate the final list of questions with the Farmers Market Coordinator.Additionally,TSWDG will work with the Farmers Market Coordinator to determine the best
method of survey distribution.
4. Site Visits
TSWDG will perform two site visits to the RFM, one at the Summer Market location&one
at the Winter Market location to better understand the culture,strengths,and needs of
the RFM.
When deemed appropriate to the larger system plan, Farmers Market Information and feedback
opportunities will be Integrated into the Outreach and Engagement Activities listed within the
Comprehensive Parks Master Planning scope of work.
Task 5:Program Visioning and Idea Development
Based on input from Staff,vendors, and community members,TSWDG will develop a vision for the
future state of the Farmers Marketing program in Richmond,This vision will be focused on a 5 to 10-
year planning horizon to address program gaps and needs as well as future opportunities. Key goals
will also be developed to support the vision.The vision and plan will be centered around marketing,
vendor registration and sales,community attendance,partnership identification,community impact,
revenue, and infrastructure,as laid out in the"Program Inventory and Analysis".
21073-Richmond Farmers Market Strategic Plan Scope 3
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Richmond Parks and Recreation Department
Farmers Market Strategic Plan
Task 6: Branding
TWSDG will work with Market Staff to develop a new logo and branding theme for the RFM. Initially
three or four (3-4) initial branding options shall be prepared for discussion, with an anticipated
preferred branding typology being created based upon feedback from the Initial options and
feedback.It is anticipated thatthe branding palette will allow forflexibility in both digital and printed
use and will be a visual representation of the RFM's mission and future goals.Final digital files(jpeg,
png, PDF,and vector linework)will be provided at the completion of the project.
Task 7:implementation Strategies
Using the outcomes of the tasks listed previously,TSWDG will work with Market Staff to compile a listing
of implementation strategies and objectives to guide the development of future RFM program
Improvements,Strategies will be prioritized into hierarchical categories to provide both short-and long-
term action items, Timelines and funding ideas with conceptual budgetary numbers will be supplied in
this task. Final prioritization will be developed in partnership with the Farmers Market Coordinator,
Task 8:Strategic Plan
While components of the Farmers Market Strategic Plan will be made available as they are completed,
TSWDG will prepare the following deliverables for review and adoption.
1. Draft Report •
We will compile the data and maintenance recommendations into a Draft Farmers Market
Strategic Plan and provide four(4)black and white copies and two(2)color copies of the draft
report.The draft plan copies shall be distributed to the Parks Board for their review.Comments
from the review by the Parks Board will be revised and included in the final plan.
2. Final Report
Following the final review TSWDG will prepare a final Farmers Market Strategic Plan document
which will include a description of the planning process, inventory and data analysis,
recommendations,and applicable action schedules.TSWDG will provide four(4)full color copies
and one(1)digital PDF of the final Farmers Market Strategic Plan following adoption of the plan.
If additions are made to the Richmond Comprehensive Parks and Recreation Master Plan
(adopted 10,22.20),one(1)digital PDF will be provided.
Task 9:Additional Meetings
TSWDG will facilitate up to three(3)additional meetings with City and Department Staff and up to two(2)
presentations that may be needed to highlight the Farmer's Market Strategic Plan to the Park Board,
Redevelopment Commission,or Market Advisory Team.
It is anticipated that project meetings will be held In person, however digital methods(Zoom,GoTo
Meeting etc.)may be used if deemed appropriate.
21073-Richmond Farmers Market Strategic Plan Scope 4
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Richmond Parks and Recreation Department
Farmers Market Strategic Plan
ATTACHMENT B:SCHEDULE
TSWDG shall perform the Services and deliver the related Documents(if any)according to the attached
schedule:
• Schedule is also dependent on final dates of Steering Committee, Park Board and Redevelopment
Commission meetings.
• Final schedule to be determined upon negotiations with Owner representatives.
l..
21073-Richmond Farmers Market Strategic Plan Scope 5
'EXHIBIT A PAGE S- Or_(2___.1
Richmond Parks and Recreation Department
Farmers Market Strategic Plan
ATTACHMENT C:COMPENSATION
In return for the performance of the Services rendered under Attachment A,Scope of Services,the City
of Richmond shall pay TSWDG a fixed lump sum amount of twenty seven thousand and five hundred
dollars($27,500,00) payable to the terms of this Agreement.The total compensation includes all labor
and expenses,
PHASE/TASK FEE
TASK ONE:Identification of All Market Benefits $1,500
TASK TWO:Program Inventory and Analysis $1,500
TASK THREE:Case Studies $2,000
TASK FOUR:Additional Outreach and Engagement Activities $6,000
TASK FIVE:Program Visioning and Idea Development $1,500
TASK SIX:Branding $3,000
TASK SEVEN:Implementation Strategies $4,000
TASK EIGHT:Strategic Plan $5,000 II
TASK NINE:Additional Meetings $3,000
*Additional hard copy prints of a revised Comprehensive Parks and Recreation Master Plan are not
Included In the fees listed above.
Compensation for Additional Services not identified in Attachment A,if any,shall be negotiated as an
amendment to this contract.The compensation assumes that planning services for this Project shall not
extend beyond 2022
Fees for the Services rendered shall be billed monthly based on percent complete.Progress reports will
accompany each monthly invoice.Invoices for Services rendered shall be payable within thirty(30)days
following receipt of invoice.Owner shall give prompt written notice of any disputed amount and shall
pay the remaining amount.
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RXCHMOND REDEVELOPMENT COMMISSION
RESOLUTION NO. 3-2021
A.RESOLUTION AUTHORIZING THE EXPENDI OF FUNDS`
('IMPR.OVEMEIITS TO'raise,FARMERS'MARKET
NEW STRATEGIC PLAN WITHIN THI4 REDEVELOPMENT AREA?')
WHEREAS, the City of Richmond Redevelopment Commission(hereinafter "Commission".)has
previously adopted a Declaratory Resolution, which has been amended, thereby
establishing a Redevelopment Plan by which certain projects may be funded with
excess TaxIncremerit Financing("'1'111").revenue;and
WIiEREAS, pursuant to 'LC. 3.6=7-1439, such excess revenues may.be used for the purposes
described therein;and •
WHEREAS, 'it has become necessary to make plans for strateglc.improvennents to the Richmond
Fanners'Market.
NOW, THEREFORE, BE IT RESOLVED by the Richmond Redevelopment Commission,
that such Commission hereby approves and agrees to reimburse the City of Richmond and/or pay for.
necessary expenditures incurred in developing a strategic iiinproverrietit plan. Such funding shall he
paid from excess:TV revenues received during the year 2021 and placed into the allocation fund,all
of which is allowed pursuant to. the fib Redevelopment Plan of 1989; as amended,.previously
adopted by the Commission:
BE IT FURTHER RESOLVED.that the'above reimbursement and/or expenditures;sball not exceed
the lesser of$15;000 or the allowable excess amount following the retention of all necessary funds
for the reserve regarding_the 2021 payments for Bond principal:and interest payments,
T IIS-RESOLUTION IS ADOPTED this Q��.day of 144r e-h,2021
R1CHMOND REDEVELOPMENT COMMISSION
13y1:0•14, �JI�14tlx
By: •
•
By: ✓
By; •
,1
Resolution-3-2021