HomeMy WebLinkAboutCandy Martin/Mayor's Office/$1,800/Advisor for the Carmel Mayor’s Youth Council DocuSign Envelope ID: B8D3803B-AD42-4A03-B3C5-E66C43EACF44
Candy Martin
Mayor's Office-2022
Appropriation#43-419.99; P.O. #106654
Contract Not To Exceed$1,800.00
APPROVED
AGREEMENT FOR SERVICES By Jon Ober"antler at 1229 pm,Jul 13,2022
THIS AGREEMENT FOR SERVICES ("Agreement") is hereby entered into by and between the City of Carmel,
Indiana, acting by and through its Board of Public Works and Safety("City"),and Candy Martin("Martin").
TERMS AND CONDITIONS
1. ACKNOWLEDGMENT, ACCEPTANCE:
Martin acknowledges that she has read and understands this Agreement, and agrees that her execution of same
constitutes acceptance of all of the Agreement's terms and conditions.
2. PERFORMANCE:
City agrees to purchase services (the "Services") from Martin using City budget appropriation number 43-590.00
funds. Martin agrees to provide the Services and to otherwise perform the requirements of this Agreement by
applying at all times the highest technical and industry standards.
3. PRICE AND PAYMENT TERMS:
3.1 Martin estimates that the total price for the Services to be provided to City hereunder shall be no more than
One Thousand Eight Hundred Dollars ($1,800.00) (the "Estimate"). Martin shall submit an invoice to City
no more than once every thirty(30)days detailing the Services provided to City within such time period.
City shall pay Martin for such Services within thirty-five (35)days after the date of City's receipt of Martin's
invoice detailing same, so long as and to the extent such Services are not disputed, are in conformance with the
specifications set forth in Exhibit A, are submitted on an invoice that contains the information
contained on attached Exhibit B, and Martin has otherwise performed and satisfied all the terms and
conditions of this Agreement.
3.2 Martin agrees not to provide any Services to City that would cause the total cost of the Services provided by
Martin to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an
amount in excess thereof.
4. TIME AND PERFORMANCE:
This Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and
both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this
Agreement.
5. DEFAULT:
In the event Martin: (a)repudiates,breaches or defaults under any of the terms or conditions of this Agreement,
including Martin's warranties;(b)fails to provide the Services as specified herein;
(c) fails to make progress so as to endanger timely and proper provision of the Services and does not correct such
failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable
under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is
placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting
an event of default hereunder, City shall have the right to
(1) terminate all or any parts of this Agreement, without liability to Martin; and (2) exercise all other rights and
remedies available to City at law and/or in equity.
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DocuSign Envelope ID: B8D3803B-AD42-4A03-B3C5-E66C43EACF44
Candy Martin
Mayor's Office-2022
Appropriation#43-419.99; P.O. #106654
Contract Not To Exceed$1,800.00
6. GOVERNMENT COMPLIANCE:
Martin agrees to comply with all federal,state and local laws,executive orders,rules,regulations and codes which may be
applicable to Martin's performance of her obligations under this Agreement, and all relevant provisions thereof are
incorporated herein by this reference. Martin agrees to indemnify and hold harmless City from any loss, damage and/or
liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification
obligation shall survive the termination of this Agreement.
7. NO IMPLIED WAIVER:
The failure of either party to require performance by the other of any provision of this Agreement shall not affect the
right of such party to require such performance at any time thereafter,nor shall the waiver by any party of a breach of
any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision
hereof.
8. NON-ASSIGNMENT:
Martin shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate her
obligations under this Agreement without City's prior written consent.
9. RELATIONSHIP OF PARTIES:
The relationship of the parties hereto shall be as provided for in this Agreement, and neither Martin nor any of her
officers, employees, contractors, subcontractors and agents are employees of City for the Services performed under
this Agreement. The contract price set forth herein shall be the full and maximum compensation and monies
required of City to be paid to Martin under or pursuant to this Agreement
10, GOVERNING LAW; LAWSUITS:
This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its
conflict of laws provisions. The parties agree that,in the event a lawsuit is filed hereunder, they waive their right to a jury
trial,agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,and agree that such court
is the appropriate venue for and has jurisdiction over same.
11. SEVERABILITY:
If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or
other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same,
and the remaining provisions of this Agreement shall remain in full force and effect.
12. NOTICE:
Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage
prepaid U.S. certified mail,return receipt requested,to the party to be notified at the address specified herein:
If to City: City of Carmel AND Department of Law
One Civic Square One Civic Square
Carmel, Indiana 46032 Carmel, Indiana 46032
If to Martin: Candy Martin
730 E. Auman Drive
Carmel, IN 46032
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DocuSign Envelope ID: B8D3803B-AD42-4A03-B3C5-E66C43EACF44
Notwithstanding the above,notice of termination under paragraph 13 hereinbelow shall be effective if given orally,as
long as written notice is then provided as set forth hereinabove within five (5)business days from the date of such
oral notice.
13. TERMINATION:
13.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Martin,
immediately terminate this Agreement for cause, in the event of a default hereunder by Martin andlor if
sufficient funds are not appropriated or encumbered to pay for the Services to be provided hereunder. In
the event of such termination, Martin shall be entitled to receive only payment for the undisputed invoice
amount representing conforming Services delivered as of the date of termination, except that such payment
amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have
previously agreed in writing to a greater amount.
13.2 City may terminate this Agreement at any time upon thirty(30)days prior notice to Martin. In the event of
such termination,Martin shall be entitled to receive only payment for the undisputed invoice amount of
conforming Services delivered as of the date of termination, except that such payment amount shall not
exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in
writing to a greater amount.
14. REPRESENTATIONS AND WARRANTIES
The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this
Agreement have the authority to bind the party which they represent.
15. ADDITIONAL SERVICES
Martin understands and agrees that City may, from time to time, request Martin to provide additional services to City.
When City desires additional services from Martin,the City shall notify Martin of such additional services desired,
as well as the time frame in which same are to be provided. Only after City has approved Martin's time and cost
estimate for the provision of such additional services, has encumbered sufficient monies to pay for same, and has
authorized Martin, in writing, to provide such additional services, shall such services be provided by Martin to City. A
copy of the City's authorization documents for the purchase of additional services shall be numbered and attached hereto
in the order in which they are approved by City.
16. TERM
Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 13
hereinabove, this Agreement shall be in effect from the Effective Date through December 31,2022 and shall, on the first
day of each January thereafter, automatically renew for a period of one(1)calendar year,unless otherwise agreed by the
parties hereto.
17. HEADINGS
All heading and sections of this Agreement are inserted for convenience only and do not form a part of this
Agreement nor limit,expand or otherwise alter the meaning of any provision hereof.
18. BINDING EFFECT
The parties, and their respective officers, officials, agents, partners, successors, assigns and legal
representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in
Agreement.
19. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than City and Martin.
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DocuSign Envelope ID: B8D3803B-AD42-4A03-B3C5-E66C43EACF44
20. DEBARMENT AND SUSPENSION
Martin certifies by entering into this Agreement that she is not presently debarred,suspended,proposed for debarment,
declared ineligible or voluntarily excluded from entering into this Agreement by any federal agency or by any
department, agency or political subdivision of the State of Indiana.
21. IRAN CERTIFICATION
Pursuant to I.C. § 5-22-16.5, Martin shall certify that, in signing this Agreement, she does not engage in investment
activities within the Country of Iran.
22. ADVICE OF COUNSEL:
The parties warrant that they have read this Agreement and understand it,have had the opportunity to obtain legal advice
and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely,voluntarily, and
without any duress,undue influence or coercion.
23. ENTIRE AGREEMENT:
This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement
between Martin and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and
agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof;
to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced
herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this
Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both
parties hereto,or their successors in interest.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows:
CITY OF CARMEL, INDIANA CANDY MARTIN
by and through its Board of Public
Works and Safety
BY: DocuSigned by: B .
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97256F8218D6431 A_ �1_ 1'r�
James Brain�d, Proeliding Officer Au zed Sign. e
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Date: � A,�
Printed Name: 4,�.� 4. `• OL
DocuSigned by: A6'I
a : Title: @JA.AIL o +�
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1 /Bzs ke Member
Date: Date: ( u ( 2
Not Present
Lori S. Watson, Member
Date:
DocuSigned by:
ATTE T:S, Wocro
bO.A OyU/A`J23441.5...
Sue Wolfgang, Clerk
Date: 7/28/2022
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DocuSign Envelope ID:B8D3803B-AD42-4A03-B3C5-E66C43EACF44
EXHIBIT"A"
SCOPE OF SERVICES
CANDY MARTIN
Contract not to exceed 90 hours or$1,800.00 (at $20.00 per hour) from June 1, 2022 to December 31, 2022.
Advisory service provided by Candy Martin to assist the City of Carmel with Carmel Mayor's Youth Council (CMYC) tasks.
The hours identified below will not occur during normal city business hours. The Carmel Mayor's Youth Council consists
of minors who require adult supervision and oversight of their CMYC responsibilities after normal city business hours.
June
Council Meetings 4 hours (2 x 2 hours)
Exec, Committee Meeting 4 hours (2 x 2 hours)
Emails/Phone Calls/Text 1.5 hours
Bonding Event 1.5 hours
11 hours
July
Council Meetings 4 hours (2 x 2 hours)
Exec. Committee Meeting 4 hours (2 x 2 hours)
Emails/Phone Calls/Text 1.5 hours
Training Event 1 hours
Intl Movie Night 2 hours
12.5 hours
August
Council Meetings 4 hours (2 x 2 hours)
Exec. Committee Meeting 4 hours (2 x 2 hours)
Emails/Phone Calls/Text 1.5 hours
Kickoff Event 1.5 hours
11 hours
September
Council Meetings 4 hours (2 x 2 hours)
Exec. Committee Meeting 4 hours (2 x 2 hours)
Emails/Phone Calls/Text 1.5 hours
Ultimate Frisbee 3 hours
12.5 hours
October
Council Meetings 4 hours (2 x 2 hours)
Exec. Committee Meeting 4 hours (2 x 2 hours)
Emails/Phone Calls/Text 1.5 hours
Paws and Pages 3 hours
Spikeball 3 hours
15.5 hours
DocuSign Envelope ID:B8D3803B-AD42-4A03-B3C5-E66C43EACF44
November
Council Meetings 4 hours (2 x 2 hours)
Exec. Committee Meeting 4 hours (2 x 2 hours)
Emails/Phone Calls/Text 1.5 hours
Holiday Events 2 hours
11.5 hours
December
Council Meetings 4 hours (2 x 2 hours)
Exec. Committee Meeting 4 hours (2 x 2 hours)
Emails/Phone Calls/Text 1.5 hours
Holiday District 2 hours
NiHS Tay Drive 3 hours
14.5 hours
88.5 hours total x$20.00/hour=
$17-70.00
Signature .i"
BY Candy Martin
Date 6-14-2022
DocuSign Envelope ID: B8D3803B-AD42-4A03-B3C5-E66C43EACF44
EXHIBIT B
Invoice
Date:
Name of company:
Address & Zip:
Telephone No.:
Fax No.:
Project Name:
Invoice No.
Purchase Order No:
Goods Services
Person Providing Date Goods/Services Provided Cost Per Hourly Total
Goods/Services Goods/ (Describe each good/service Item Rate/
Service separately and in detail) Hours
Provided Worked
GRAND TOTAL
Signature
Printed Name
DocuSign Envelope ID:B8D3803B-AD42-4A03-B3C5-E66C43EACF44
INDIANA RETAIL TAX EXEMPT Page 1 of 1
Iit yof { I . arrri el CERTIFICATE NO.003120155 0020 PURCHASE ORDER NUMBER
l FEDERAL EXCISE TAX EXEMPT 106654
ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AP
CARMEL, INDIANA 46032-2584 VOUCHER.DELIVERY MEMO,PACKING SLIPS,
SHIPPING LABELS AND ANY CORRESPONDENCE
FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997
PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. 1 DESCRIPTION
7/1/2022 1 362733 ADVISOR FOR THE CARMEL MAYOR'S YOUTH COUNCIL
CANDY MARTIN Mayor's Office
VENDOR 730 E AUMAN DR SHIP 1 Civic Square
TO Carmel, IN 46032-
CARMEL, IN 46032-
PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT
67024
QUANTITY UNIT OF MEASURE I DESCRIPTION I UNIT PRICE EXTENSION
Department: 1160 Fund: 101 General Fund
Account: 43-419.99
1 Each ADVISOR FOR THE CARMEL MAYOR'S YOUTH COUNCIL $1,800.00 $1,800.00
Sub Total $1,800.00
c.:),:". ____________.„.!,/ .0.._,
7
F
I. I
* . .
Send Invoice To: F
•Mayor's Office \ \
•
1 Civic Square \ � �'k f
Carmel, IN 46032- ` ;' "�
PLEASE INVOICE IN DUPLICATE
DEPARTMENT ACCOUNT II PROJECT PROJECT ACCOUNT AMOUNT I
PAYMENT $1,800.00
SHIPPING INSTRUCTIONS 'AlP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P-O. NUMBER IS MADE A
PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN
'SHIP PREPAID, AFFIDAVIT ATTACHED, I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN
'C.O.D.SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER.
'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL
'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 _, fL._„_J 'J cii.,_,
AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY
Sharon Kibbe
TITLE Executive Office Manager
CONTROL NO. 106654 CONTROLLER