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HomeMy WebLinkAboutResolution BPW 12-06-23-05/CRED/$243,896/Arctic Zone Iceplex - Christkindlmarkt Ice Rink ServicesRESOLUTION NO. BPW 12-06-23-05 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR 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’smayor may enter into contracts on behalf ofthe City; and WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard, has caused to be signed the Agreement attached hereto (the “Contract”); and WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: 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 and thereafter made available to the public for review. SO RESOLVED this day of , 2023. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: James Brainard, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 12/6/2023 12/6/2023 12/6/2023 December6th 12/6/2023 Arctic Zone Iceplex, LLC d/b/a Carmel Ice Skadium Community Relations Department - 2023 Appropriation #922 922 43-509.00 Ice Rink Fund; P.O. #110172 Contract Not To Exceed $243,896.60 APPROVED By Jon Oberlander of 2:20 pm, Nov 20, 2023 ADDITIONAL SERVICES AMENDMENT TO AGREEMENT FOR GOODS AND SERVICES THIS AMENDMENT TO THE AGREEMENT FOR GOODS AND SERVICES ("Agreement") entered into by and between the City of Carmel and Arctic Zone Iceplex, LLC d/b/a Carmel Ice Skadium, (the "Vendor"), as City Contract dated November 4, 2020 shall amend the terms of the Agreement by adding the additional services to be provided by Vendor consistent with the Scope of Work attached hereto and incorporated herein as Exhibit "A". Parties agree and acknowledge that In the event no funds are appropriated for the Agreement or its renewal in 2024 through 2025 budgets or any subsequent budgets by the City's legislative body, the City, upon providing written notice to the Vendor, has the right to terminate the Agreement without penalties of any sort. The terms and conditions of the Agreement shall not otherwise be affected by this Additional Services Amendment and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By- es Brainard, Pre 'ding O r n Date:_ Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Sue Wolfgang, Clerk Date: Arctic Zone Iceplex, LLC dlbla Carmel Ice Skadium By. Authorized Signature 2-3 Printed Name Title FIDITIN: 3 `' " 21qq y 73 Date: 111 As S: Cmnacnlbq,uWmmlCam whj Zm, rupkCllc db.Cumd k,Sladima ASA.d— =0:311:17AMI DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 1040 3rd Ave. S.W. Carmel, IN 46032 317.844.8889 Exhibit A Scope of Services Arctic Zone (dba Camel Ice Skadium), hereafter referenced as “Arctic Zone,” will manage The Ice at Carter Green for the City of Carmel, to include planning & implementation outside of the rink season dates as needed. As Ice at Carter Green rink managers, Arctic Zone senior staff will have the authority to close skating sessions due to deteriorating rink conditions, safety concerns and/or weather. Arctic Zone to receive 25% of all Private Ice Rental per Year, approximate in “Estimated Rink Expenses” below Arctic Zone to receive 10% of revenue for Skate Rental and Admission Sales per Year, approximates in “Estimated Rink Expenses” below. There would be no percentage received from concessions. o *Fees based on average past sales from previous Ice at Carter Green seasons Arctic Zone would be reimbursed for all direct and actual expenses paid by Carmel Ice Skadium to unrelated third parties to operate ice rink. Yearly expenses are estimated below. Management Fee to be charged per rink season (referenced below as Year 1, Year 2 and Year 3). Each season’s fee can be billed monthly between November and February o Year 1 = mid-November 2023 – end of February 2024 o Year 2 = mid-November 2024 – end of February 2025 o Year 3 = mid-November 2025 – end of February 2026 Hours for Ice at Carter Green Year 1 below, subject to change. Any additions or changes should be mutually agreed upon and approved in writing. Hours for future seasons will be confirmed yearly via e-mail. o Nov. 18 – Dec. 24 Wed - Thur : 4 - 9 p.m. Fri - Sat: 11:30 a.m. - 9 p.m. Sun: 11:30 a.m. - 8 p.m. Closed most Mon. & Tue. for Private Rentals Closed Thanksgiving & Christmas Day Limited Hours Sat., Dec. 24: 11:30 a.m. - 5 p.m. Special Hours: Wed., Nov 22: Noon – 9 p.m. Mon., Dec. 18: 4 - 9 p.m. Tue., Dec. 19: 4 - 9 p.m. Skate sessions during the Market: o On Wednesdays and Thursdays, the Ice has two sessions: 4 p.m. and 6:30 p.m. o On Fridays and Saturdays, the Ice has five skating sessions: 11:30 a.m., 1:30 p.m., 3:30 p.m., 5:30 p.m. and 7:30 p.m. o On Sundays, the Ice has four skating sessions:11:30 a.m., 1:30 p.m., 3:30 p.m., and 5:30 p.m. o OPEN Dec 26 – Jan. 7 Mon. - Sun: 11:30 a.m. - 9 p.m. Sunday, Jan. 7: 11:30 a.m. - 7 p.m. o Closed Jan. 8 - 11 o Jan. 12 - Feb. 29 Thur : 4 - 9 p.m. Fri: 3:30 - 9 p.m. Sat: 11:30 a.m. - 9 p.m. Sun : 11:30 a.m. - 7 p.m. OPEN Mon. Jan. 15: 11:30 a.m. - 7 p.m. OPEN Mon. Feb. 19: 11:30 a.m. – 7 p.m. Skate sessions during Jan - Feb: o On Thursdays, the Ice has two sessions: 4 p.m. and 6:30 p.m. o On Fridays, the Ice has three sessions: 3:30 p.m, 5:30 p.m. and 7:30 p.m. o On Saturdays, the Ice has five skating sessions:11:30 a.m., 1:30 p.m., 3:30 p.m., 5:30 p.m. and 7:30 p.m. o On Sundays, the Ice has four skating sessions: 11:30 a.m., 1:30 p.m., 3:30 p.m. and 5:30 p.m. DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 1040 3rd Ave. S.W. Carmel, IN 46032 317.844.8889 Management Fees (Years 1-3) Fee Private Ice Rental Skate Rental Admission Sales TOTAL 48,000.00 2,000.00 (approx)* 14,000.00 (approx)* 34,000.00 (approx)* 98,000.00 (per year, Years 1-3) 98,000.00 Annual Estimated Rink Expenses (Year 1) Office Supplies $350.00 Staffing $85,000.00 Employee Uniforms $3,000.00 Safety Equipment $500.00 Insurance $5,000.00 Smart Waiver software & storage Skates & sharpening stones 2,500.00 27,746.60 Skater Wristbands Inventory (Concessions) 4,100.00 7,500.00 Concession Stand Equipment 1,000.00 Olympia Ice Cleaning Machine 6,200.00 Ice painting & supplies 3,000.00 Total Rink Expenses (Year 1) 145,896.60 DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 1040 3rd Ave. S.W. Carmel, IN 46032 317.844.8889 Estimated Rink Expenses (Years 2 & 3) Management Fees ($98,000) & Expenses (Year 1 - $145,896.60) - $243,896.60 Management Fees ($98,000) & Expenses (Year 2 - $120,450) - $218,450.00 Management Fees ($98,000) & Expenses (Year 3 - $120,450) - $218,450.00 TOTAL (Years 1-3) - $680,796.60 Office Supplies $350.00 Staffing $85,000.00 Employee Uniforms $500.00 Safety Equipment $500.00 Insurance $5,000.00 Smart Waiver software & storage Skate maintenance 2,500.00 4,800.00 Skater Wristbands Inventory (Concessions) 4,100.00 7,500.00 Concession Stand Equipment 1,000.00 Olympia Ice Cleaning Machine 6,200.00 Ice painting & supplies 3,000.00 Total Rink Expenses (Year 2-3) 120,450.00 DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8 10/24/2023 ARCTIC ZONE LLC CARMEL, IN 46032 - 110172 1040 3RD AVE SW City of Carmel ONE CIVIC SQUARE CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35-6000972 PURCHASE ORDER NUMBER THIS NUMBER MUST APPEAR ON INVOICES, A/P VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION VENDOR SHIP TO PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT EXTENSION Human Resources 1 Civic Square Carmel, IN 46032- 355765 UNITPRICEDESCRIPTIONUNITOFMEASUREQUANTITY Page 1 of 1 81787 922Department:922Fund:Ice Rink Fund 43-509.00Account: ARCTIC ZONE ICE RINKSERVICES1 $243,896.60 $243,896.60Each 243,896.60SubTotal 243,896.60 Send Invoice To: PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT SHIPPING INSTRUCTIONS SHIP PREPAID. C.O.D. SHIPMENT CANNOT BE ACCEPTED. PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 PAYMENT A/P 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 AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. CONTROL NO. 110172 ORDERED BY TITLE CONTROLLER Human Resources 1 Civic Square Carmel, IN 46032- Nancy Heck James Crider Director Director of Administration DocuSign Envelope ID: 3C2AC1A0-352E-4C87-8ACB-016FB5EE24A8