Danny Boy Beer Works/Cmm Rel/The Ice at Center Green Vendor ContractThe Ice at Center Green
Vendor Contract
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This is an agreement between the City of Cannel, Indiana acting by and through its Board of Public Works and
Safety ("City") and Danny Boy Beer Works ("Vendor"), a company authorized to conduct business within the
State of Indiana.
WHEREAS, the City is hosting the The Ice at Center Green ("Ice'), featuring open-air ice skating, food, beer,
wine, and themed events. The Ice 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 Ice, and reserves the right to
terminate the Ice or change operating days and times, at its sole discretion.
WHEREAS, the Ice is scheduled to be open December 26, 2018 through March 10, 2019 on Thursdays and
Fridays from 4:00 p.m. to 9:00 pm. and Saturdays and Sundays from noon to 9:00 p.m. with additional dates and
times as outlined below. Vendor participation on Thursdays is optional.
December 26 - January 6
Noon - 9:00
p.m.
Oen daily / Winter break
January
10
4:00 - 9:00 pm.
Thursday - optional
January
11
4:00 - 9:00 p.m.
January
12
Noon — 9:00
p.m.
Art of Ice Weekend
January
13
Noon — 9:00
p.m.
Art of Ice Weekend
January
17
4:00 - 9:00 pm.
Thursday - optional
January
18
4:00 - 9:00 p.m.
January
19
Noon — 9:00
-
p.m.
January
20
Noon — 9:00
pm.
January
21
Noon — 9:00
pm.
Martin Luther King Jr. Birthday / School Holiday
January
24
4:00 - 9:00 p.m.
— optional
January
25
4:00 - 9:00 pm.
-Thursday
January
26
Noon — 9:00
p.m.
January
27
Noon — 9:00
p.m.
January
31
4:00 - 9:00 p.m.
Thursday - optional
February
1
4:00 - 9:00
m.
February
2
Noon — 9:00
p.m.
February
3
Noon — 9:00
p.m.
February
7
4:00 - 9.00 p.m.
Thursday - optional
February
8
4:00 - 9:00 p.m.
February
9
Noon - 9:00
p.m.
February
10
Noon - 9:00
p.m.
February
14
4:00 - 9:00 p.m.
Thursday - optional; Valentine's Da / 2-for-1 Skate
February
15
4:00 - 9:00 p.m.
February
16
Noon - 9:00
p.m.
February
17
Noon - 9:00
p.m.
February
18
Noon — 9:00
p.m.
President's Da / School Holiday
February
21
4:00 - 9:00 p.m.
Thursday - optional
February
22
4:00 - 9:00 pm.
February
23
Noon — 9:00
pm.
Carmel Winter Games Weekend
February
24
Noon — 9:00
p.m.
Carmel Winter Games Weekend
February
28
4.00 - 9:00 p.m.
Thursda -'optional
March 1
4:00 - 9:00 pm.
March 2
Noon — 9:00
pm.
March 3
Noon — 9:00
p.m.
March 7
4:00 - 9:00 pmi.
Thursday - optional
March 8
4:00 - 9:00 p.m.
March 9
Noon — 9:00
p.m.
March 10
Noon — 9:00
p.m.
WHEREAS, rental opportunities are being offered to private groups on Monday, Tuesday and Wednesday
afternoons and evenings.
WHEREAS, the Ice 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 Ice booths, oversee and
manage Ice operations, promulgate and enforce Ice rules, and, if necessary, expel vendors from the Ice.
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 an Ice booth on each date that the Ice is operating. Access will be provided
no less than two (2) hours before the Ice 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 agreed upon
time.
2. Vendor agrees to provide service, if requested, for any private rental group that contracts with the Ice, such
days and hours to be limited to Mondays, Tuesdays or Wednesdays from 4:00-5:30 pm. and/or 6:30-8:00
p.m. unless otherwise agreed upon by all parties.
3. Vendor agrees to tender to the City an amount equal to Ten Percent (10%) of Vendor's total gross, pre-tax
sales for all products that it has sold at the Ice during each Ice day, such payments to be made upon receipt
of a monthly invoice from the Ice, or immediately upon the termination of this contract, if earlier, in such
manner as CRED shall direct.
4. Vendor shall not vend any goods, services, or foodstuffs at the Ice that are not disclosed herein below
without the prior approval of CRED.
5. Each Ice 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.
6. The City will provide 100 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.
7. The City will provide three (3) 28"x22" signs, designed in conjunction with the Vendor, to advertise food
and drink provided by the Vendor. / r - f
8. Vendor sell the following described items atthe Ice rt' &� aj`1q 'G{ , �/(,tr�O�1S Ose. At ( S
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9. 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.
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10. Vendor shall solicit and exhibit items for sale only within Vendor's assigned booth, and Vendor shall have
its booth manned at all agreed upon times. CRED shall be allowed to enter Vendor's booth at any time.
11. 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 Ice.
12. Vendor will have access to the Ice and to Vendor's assigned booth for not less than one (1) hour following
the conclusion of each Ice day in order to remove or secure all items brought to the Ice by Vendor. All
property stored within Vendor's booth shall be at Vendor's sole risk and expense.
13. Vendor shall not be absent from the Ice or close its booth on or during any agreed upon time in which the
Ice is open, without the prior approval of CRED.
14. Vendor shall utilize the retail point-of-sale system provided for its assigned booth, unless another system is
approved in advance by CRED.
15. Vendor agrees that CRED shall maintain sole discretion as to the nature of the products sold and displayed
at the Ice, and may order the immediate removal of any of Vendor's products.
16. Vendor shall obey all applicable laws, executive orders, rules, and regulations, and all directions of CRED
at all times while on the Ice premises, and shall obtain all necessary licenses, permits, and inspections
before selling any product or item in its Ice booth.
17. Vendor shall maintain in force for the entire Ice, 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 Ice, 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.
18. 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 Ice.
19. 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.
20. 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.
21. 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.
22. This contract shall be effective on and after the date on which it is last signed by a party hereto.
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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:
1 l.,
James Brainard, Presiding Officer
Date:
MarynIV) L7 / r�/ er
R
Date:
Lori S.
Date:
Title
4
By:
Authorized Signature
get4: (PL) (t4 UO
Printed Name
FIDITIN: 27-6-31-/77.,7 3
Last Four of SSN if Sole Proprietor:
Date: _Th Lq1%8