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Home My Public Portal About170-2023 - Parks - Kristi Cruse - Agreement for Farmer's Market AGREEMENT TIIIS AGREEMENT made and entered into this AV day of Ht 2023, by 1 anc 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 5th Street, Richmond, Indiana, 47374 (the "City") and Kristi Cruse, 2610 N.W, i Street, Richmond, IN 47374 (hereinafter individually referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to provide services to the City as the Farmer's Market Assistant, which duties shall consist of those set forth in the attached Exhibit -A", which is incorporated herein by reference. 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. Contractor shall be responsible for the payment of any and all taxes as a result of services provided and payment by City therefore under this Agreement. SECTION 3. COMPENSATION City shall pay Contractor the sum of Fourteen Dollars and 50/100 ($14.50) per hour for the services described herein; however, Contractor shall not work more than twenty (20) hours per week, which creates a not-to-exceed amount of Fifteen Thousand Eighty Dollars and 00/100 ($15,080.00) in a calendar year. Contractor's hours shall be determined and at the direction of the Parks Superintendent. Additionally, City shall pay for Contractor's Errors and Omissions Insurance Policy in an amount not-to-exceed Five I lundred Dollars and 00/100 ($500.00) per calendar year. In tlic event that Contractor separates from employment with the City, any amount provided to Contractor for such insurance shall be reimbursed to the City on a prorated basis. SECTION 4. TERM OF AGREEMENT This Agreement shall become effective when signed by the parties and shall continue in effect through December 31, 2023. The parties shall have the option to renew this Agreement for additional successive one (1 ) year terms should each party agree to said extension; however, Contractor's hourly rate for any additional term ( 1) year shall not exceed the sum of Seventeen Dollars and 00/100 (SI7.00) per hour, and should the parties desire to extend this agreement, Contractor's hourly rate will be negotiated with this limitation in place; however, neither patty is obligated to extend this Agreement. e).-2, 3 e 0 /114 ev ikj°- Page 1 el 5 Contract No. 170-2023 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 clays written notice specifying the effective date and the reasons .for termination which shall include but not. he 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. 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 7. COMMANCE 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 h-Verify program if the Indiana l'-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 he 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. St- CTI.01.N 8. IRAN IN VESTMENT ACTfVfffES Pursuant to Indiana Code (IC) 5-22-1.6.5, Contractor certifies that Contractor is not engaged in. investment activities in Iran. In the event the City determines during the course of this Page 2 of 5 Agreement that this certification is no longer valid, the (',ity 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 (.„:ontractor fails to demonstrate to the („,'„ity 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 („.1bntractor in .the manner set forth. in 1..C.„ 5-22-16.5, the City reserves the right to consider the (1.'„ontractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. Si'(1TION 9. PR(....)171113ITION AGAINST „DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting on behalf of(.;'ontractor or any sub-contractor shall not discriminate against any employee or applicant .for employinent to be employed in time 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. 13. 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 oti.bntractor or any sub-contractor shall ‘iti 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 he deducted „fronm the amount payable to Contractor by the C...Ity under this Agreement, a penalty of five dollars (S5.00) „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. Page 3 of 5 SECTION 10. RELEASE OF 1...1AIIILIFY 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 he 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 Cataract 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 inctuTed 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 a ibiguity, 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 he affixed on different dates. Page 4 of "CIFY" -CON1RAC'FOR" Tf CITY OF RICHMONI), INDIANA Kristi Cruse by and through its Board of Parks and Recreation 47' 'Fianna Washington, President Date: ft Printed: 6.)\ APPROVED'. Title:--4 ( _ _ 1)avid-M now; Mayor Date: Date: 16 Pogo 5, or 5