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Home My WebLink About02-07-18-03/Matt the Miller’s/Festival of Ice at Center Green Vendor Contract/City Receives 20% of Total Gross SalesRESOLUTION NO. BPW 02-07-18-03 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING RECEIPT OF CONTRACT WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to enter into contracts; and WHEREAS, pursuant to Indiana Code 36-4-5-3, the City's mayor may enter into contracts on behalf of the City; and WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C. Brainard, has caused to be signed the City contract attached hereto as Exhibit A (the "Contract"); and WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk -Treasurer's Office, and made available to the public for review. follows: NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as 1. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk -Treasurer and thereafter made available to the public for review.p SO RESOLVED this day of U Lf Q , 2018. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: aures Brainard, Presiding Officer te: AL AUZ Mdfy A Burke,, leveDate: O� f::14� Lori 1. Wat em er Date: a` A Christine Paule , Cl"� Date: S:IE Bass\My Documents\BPW-Resolutions\2018\Acknowledge Seward Johnson Atelier, Inc. Agreement.docx1/23/2018 11:11 AM Festival of Ice at Center Green Vendor Contract This is an agreement between the City of Carmel, Indiana acting by and through its Board of Public Works and Safety ("City") and Awif 41 X% tri- CA CLC ("Vendor"), a company authorized to conduct business within the State of In iana. WHEREAS, the City is hosting the Festival of Ice at Center Green ("Festival), featuring open-air ice skating, food, beer, wine, and themed events. The Festival is located on the Center Green, part of the Center for the Performing Arts ("Center") campus in Carmel, Indiana. WHEREAS, the City has authority to issue concession vending licenses for the Festival, and reserves the right to terminate the Festival or change operating days and times, at its sole discretion. WHEREAS, the Festival is scheduled to be open on Wednesday through Sunday from January 10, 2018 through March 11, 2018, as well as on Monday, January 15 and Monday, February 19. Hours of operation will be Wednesdays and Thursdays 4:00-9:00 p.m., Fridays and Saturdays 12:30-10:00 p.m., and Sundays 12:30 p.m. - 9:00 p.m., with the exception of the additional dates and times listed below. Vendor participation on Wednesdays and Thursdays is optional. January 14, 2018 January 15, 2018 February 18, 2018 February 19, 2018 12:30 p.m. -10:00 p.m. 12:30 p.m. -10:00 p.m. 12:30 p.m. -10:00 p.m. 12:30 p.m. -10:00 p.m. WHEREAS, the Festival will be operated on behalf of the City of Carmel by the Department of Community Relations and Economic Development ("CRED"), which has the authority to assign and re -assign Festival booths, oversee and manage Festival operations, promulgate and enforce Festival rules, and, if necessary, expel vendors from the Festival. CRED will assign staff to be on site during all hours of operation to manage the Festival. IT IS THEREBY AGREED by and between the parties for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, as follows: 1. Vendor will be given access to a Festival booth on each date that the Festival is operating. Access will be provided no less than two (2) hours before the Festival opens in order to allow Vendor to set up its assigned booth, and Vendor shall have its booth set up and ready to sell not less than ten (10) minutes before the Festival opens for the day. 2. Vendor agrees to tender to the City an amount equal to Twenty Percent (20%) of Vendor's total gross sales for all products that it has sold at the Festival during each Festival day, such payments to be made within two (2) days from the Festival day to which they apply, or immediately upon the termination of this contract, if earlier, in such manner as CRED shall direct. 3. Vendor shall not vend any goods, services, or foodstuffs at the Festival that are not disclosed hereinbelow without the prior approval of CRED. 4. Each Festival booth will be provided with heat and a retail point-of-sale system. Food and drink vendor booths will also have access to tap water. 5. The City will provide 60 amps of electrical power to Vendor's booth. Vendor agrees that any equipment used by them will not exceed this amount. Vendor shall provide the City with a complete list of electrical needs including machinery and required amperage. 6. Vendor will sell the following described items at the Festival Pre?LZtr&*f �I%►>tai Li%a 7. Vendor's booth shall be kept clean and orderly at all times, and Vendor shall not attach anything to its booth without CRED's prior approval. Vendor shall not consume or use alcohol, tobacco products, e - cigarettes, vape pens or personal space heaters while in the booth. 8. Vendor shall solicit and exhibit items for sale only within Vendor's assigned booth, and Vendor shall have its booth manned at all times during which the Festival is in operation. CRED shall be allowed to enter Vendor's booth at any time. 9. Vendor shall not permit any loud or distracting sounds to emanate from its booth, and Vendor's employees and agents shall act in an orderly and family -friendly manner at all times while at the Festival. 10. Vendor will have access to the Festival and to Vendor's assigned booth for not less than one (1) hour following the conclusion of each Festival day in order to remove or secure all items brought to the Festival by Vendor. All property stored within Vendor's booth shall be at Vendor's sole risk and expense. 11. Vendor shall not be absent from the Festival or close its booth on or during any time in which the Festival is open, without the prior approval of CRED. 12. Vendor shall utilize the retail point-of-sale system provided for its assigned booth, unless another system is approved in advance by CRED. 13. Vendor agrees that CRED shall maintain sole discretion as to the nature of the products sold and displayed at the Festival, and may order the immediate removal of any of Vendor's products. 14. Vendor shall obey all applicable laws, executive orders, rules, and regulations, and all directions of CRED at all times while on the Festival premises, and shall obtain all necessary licenses, permits, and inspections before selling any product or item in its Festival booth. 15. Vendor shall maintain in force for the entire Festival, at Vendor's sole cost and expense, comprehensive general liability and property damage insurance to protect against any damages resulting from Vendor's participation in the Festival, with liability limits of not less than $250,000 per occurrence and in the aggregate. The Vendor shall add the City as an additional insured party. Vendor shall provide CRED with proof of such insurance prior to the execution of this Agreement. 16. Vendor agrees to indemnify, defend, and hold the City, the Center, and their respective officers, officials, employees, agents, attorneys, and volunteers, free from any and all injuries, deaths, damages, demands, claims, costs and expenses (including reasonable attorney fees) that may directly or indirectly arise out of or relate to Vendor's products or Vendor's participation in the Festival. 17. Vendor shall not discriminate against any person based upon race, color, age, religion, ethnicity, disability, sexual orientation, or veteran's status at any time while on the Festival premises. 18. Vendor agrees that this contract shall be governed by Indiana law and that any actions or suits in connection therewith shall be brought and litigated in Hamilton County, Indiana only. 19. Vendor agrees that any violation of any term or provision of this contract shall constitute a material breach of the same, and shall permit the City to immediately, without notice or right to cure, terminate this contract, expel Vendor from the Festival, and prohibit Vendor from participating therein for the remainder of the Festival Season. 20. This contract shall be effective on and after the date on which it is last signed by a party hereto. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: ames Brainard,Presidin Officer Date: C' "/ , Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Christine S. Pauley, Clerk -Treasurer Date: Title 3 VENDOR By: Authorized Signature R)Gjoe-1 Lew�f Printed Name CFO FID/TIN: Last Four of SSN if Sole Proprietor: Date: 9/.P