HomeMy Public PortalAbout132-2013 - Finance - Walther & HawkinsAGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into this 3 day ofPc hew- 2013, 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 Walther and Hawkins
Auctioneers, 300 North Morton Avenue, Centerville, Indiana, 47330 (hereinafter referred to as
"CONSULTANT").
WHEREAS, the CITY desires to receive professional auctioneering services for the purpose of
conducting the annual city auction for the City of Richmond to be held on or about October 19, 2013,
which includes the scope of work more particularly defined by the CITY'S Request for Proposals
dated August 6, 2013, and located in the office of the City Controller of the City of Richmond, and
the CONSULTANT'S proposal dated August 16, 2013, which is made a part of this Agreement and
is attached hereto as Exhibit A; and
WHEREAS, the CITY desires to engage the services of CONSULTANT to perform or furnish said
services; and
WHEREAS, CONSULTANT agree to provide personnel necessary to accomplish said services in a
timely manner.
NOW, THEREFORE, in consideration of the terms and conditions herein, including the above stated
recitals, CITY and CONSULTANT mutually agree as follows:
Article I — Professional Engagement
CITY hereby engages CONSULTANT, as an independent contractor, to perform or furnish the
services more particularly described in Exhibit A, commencing on the date of this Agreement and
CONSULTANT hereby agrees to perform or furnish as an independent contractor such professional
and related service.
CONSULTANT shall at all times be deemed independent contractors and shall not be deemed to be
an employee, agent, servant, partner or joint venturer of CITY. CONSULTANT shall have the
exclusive supervision, direction and control of all employees, sub -consultants, employed, contracted
with, or used by, CONSULTANTS in performing or furnishing services under this Agreement,
subject only to the terms herein.
No work 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 Consultant in
accordance with Indiana Code 22-5-1.7-11(a)(2); and
3. A purchase order has been issued by the Purchasing Department.
Contract No. 132 -2013
Article Il — SCODe of Services
The scope of services performed or furnished by CONSULTANT under the terms of this Agreement
is defined in Exhibit A. Duties of CONSULTANT shall not be construed to exceed those services
specifically established in Exhibit A, and any additional fees associated with services not included in
Exhibit A must be defined and agreed to by CITY in writing prior to initiation of those services.
Article III — Payment
CITY agrees to pay CONSULTANT, in full payment for services rendered under this Agreement, the
sum of two and one-half percent (2.5%) commission on gross auction receipts, after deducting
advertising expenses, and to pay for the cost of clerking/cashiering staff to be provided and employed
by CONSULTANT, at $8.00 per hour, all in accordance with Exhibit A.
Article IV — Indemnification
To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend
CITY, its commissioners, officers, directors, employees and agents from and against any and all
claims, damages, costs, losses and expenses (including but not limited to attorney's fees) caused by,
arising out of or related to the negligence (including but not limited to professional negligence,
errors, or omissions) of CONSULTANT, its partners, officers, employees, agents, sub -consultants
and sub -contractors in the performance or furnishing of services under this Agreement, provided
however, that CONSULTANT'S liability to CITY under this Article IV shall not exceed the
percentage share of such claim, damages, cost, loss and expense that the officers, employees, agents,
sub -consultants and sub -contractors bears to the total negligence of all negligent entities and
individuals determined on the basis of comparative negligence principles.
Article V — Insurance
A. CONSULTANT shall maintain a policy of professional liability insurance, protecting
it against claims arising out of the negligent acts, errors, or omissions for which it is
legally liable in the performance or furnishing of professional services pursuant to
this Agreement.
B. CONSULTANT is required to provide CITY with Certificates of Insurance
evidencing the afore -referenced coverages and, upon CITY'S written request,
complete copies of such policies or other evidence of coverage satisfactory to CITY
shall provided to CITY. Approval or acceptance of said insurance by CITY shall not
relieve or decrease the liability of CONSULTANT hereunder.
C. CONSULTANT shall maintain such workers compensation insurance coverage for
its employees as shall be required by the State of Indiana or, if out-of-state, by the
state of its principal office.
Article VI — Default
In the event of any breach of this Agreement by CONSULTANT, and in addition to any other
damages or remedies, CONSULTANT shall be Iiable 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.
Article VII - Non -Discrimination
Pursuant to Indiana Code 22-9-1-10, CONSULTANT, sub -consultant, or any person acting on behalf
of CONSULTANT or any sub -consultant 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.
Article VIII — CompIiance With Indiana E-Verify Program Requirements
Pursuant to Indiana Code 22-5-I.7, CONSULTANT is required to enroll in and verify the work
eligibility status of all newly hired employees of the CONSULTANT through the Indiana E-Verify
program. CONSULTANT is not required to verify the work eligibility status of all newly hired
employees of the CONSULTANT through the Indiana E-Verify program if the Indiana E-Verify
program no longer exists. Prior to the performance of this Agreement, CONSULTANT shall provide
to the City a signed Affidavit affirming that CONSULTANT does not knowingly employ an
unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event CONSULTANT violates
IC 22-5-1.7 the CONSULTANT shall be required to remedy the violation not later than thirty (30)
days after the City notifies the CONSULTANT of the violation. If CONSULTANT fails to remedy
the violation within the thirty (30) day period provided above, the City shall consider the
CONSULTANT 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
CONSULTANT. If this Agreement is terminated under this section, then pursuant to IC 22-5-1.7-13
(c) the CONSULTANT will remain liable to the City for actual damages.
Article IX — Iran Investment Activities
Pursuant to Indiana Code (IC) 5-22-16.5, CONSULTANT certifies that CONSULTANT 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 CONSULTANT in writing of
said determination and shall give CONSULTANT ninety (90) days within which to respond to the
written notice. In the event CONSULTANT fails to demonstrate to the City that the CONSULTANT
has ceased investment activities in Iran within ninety (90) days after the written notice is given to the
CONSULTANT, 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 CONSULTANT in the manner set forth in IC 5-22-
16.5, the City reserves the right to consider the CONSULTANT to be in breach of this Agreement
and terminate the agreement upon the expiration of the ninety (90) day period set forth above.
Article X — 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 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 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:
Vicki Robinson, President
By: A�w
Dian Lawson, Member
"CONSULTANT"
WALTHER AND HAWKINS AUCTIONEERS
300 North Morton
Centerville, IN 47330
By:
Title: A, k,,, m _ w,-, i + L
Dw0'", : Lr .%. w1 4N�
B49 Date: `
Anthony . Foster, II, Member
Date:
APPROVEC�� YA"
Sarah L. Hutton, Mayor
Date: 10"1/
EXHIBIT A- PAGE __L_OF ther(4 ..a kid
08/16/13
CITY OF RICHMOND- BOARD OF PUBLIC WORKS
Department of Finance & Purchasing
50 North Fifth Street, Richmond, IN 47374
Attn: Valerie J. Fonzer, Deputy Controller
(765) 983-7218
Following are the proposed terms of Auction for the CITY OF RICHMOND-
AUCTION DATE/LOCATION:
Proposed Sale Date: Saturday October 191h, 2013. Auction would be held at 401 South
"Q St. Richmond, IN 47374. (Richmond Police Department and Roseview Transit garages)
ADVERTISING: All advertising cost will be paid by the seller. Walther & Hawkins
will create and submit all advertising. The following venues will be used in the advertising
campaign:
1) Palladium -Item (Displa Cnflle�i Ads)
Fl kmand Sale bills�m;ml
�W
Registered buyers.,
pn type of inventory
xg ways:
S Walther ai d Ha le ara tee unds,t ' o the seller in
5vt�rking
ES ✓ } '.#
AUCTION DAY STAFF, REGYSTIA•AND SET-UP COST Seller to pay the cost of
auction day help at 'a gate of $8lman/hr. This includes the following:
(1) Cost of Cashier and Clerks the day of the Auction.
(2) Cost of ring help the day of the Auction..
COMMISSION: Walther and Hawkins will "be paid 2.5%.commission on the Gross
Auction selling price for all personal property and vehicles.
If you have any questions regarding this proposal, please call!
Thank you, Office Phone#: 765-855-08.35
Cell Phone #: 765-969-0401.
Andr w M. Walther, AU19400156
300 North Morton Avenue Centerville, IN 47330
765-855-0835 • www.waltherandhawkins.com
EXHIBIT -a_ PAGE Z OF
(W%ithe __'kiq�A&cfioneers
08/16/13
CITY OF RICHMOND- BOARD OF PUBLIC WORKS
Department of Finance & Purchasing
50 North Fifth Street, Richmond, IN 47374
Attn: Valerie Fonzer, Deputy Controller
(765) 983-7218
Ms. Fonzer:
Thank you for your request to solicit our proposal We are very interested in working for the
CITY OF RICH.MOND We were contracted b� tie c��' fur the 2 QQ5 and 2009 auction{s} and
feel they were a great,66oeSr
Walther and Hawkins Ytjwn. ',, FULL-TIME auction company
serving businesses, mpiw cipaliti,8" l� -° a,es:
V.�>
l look forward to hearing fr consideration.
RespectfuliPh
d w M. Walther
i
- i
300 North Morton Avenue _• Centerville, 1N 47330
765-855-0835 • www.waltherandhawkins.com