HomeMy WebLinkAboutHyperion Ventures LLC (Ice Rink Concessions) City of Jeffersonville
Government Contract Coversheet
Please note:All information MUST be completely filled out and submitted to Clerk's Office
within 48 hrs of execution.
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Alcohol Concessionaire:Hyperion Ventures LLC Venue Owner:City of Jeffersonville
Agent:Chris Palmer/Dan Mahoney Agent:Amber Powell,Special Events Manager
Address:246 Spring St.Jeffersonville,IN 47130 Address:500 Quartermaster Ct.Jeffersonville,IN 47130
Phone:270.791.6674 Phone:812.319.3280
Email:partvaartvrocknroll@gmail.com Email:apowell@cityofjeff.net
Jeffersonville Ice Rink Alcohol Concession Agreement
This contract shall serve as a binding agreement between the City of Jeffersonville Parks Department
(referred to hereinafter as "City"), and Hyperion Ventures LLC(referred to hereinafter as
"Concessionaire"),to manage alcohol concessions at designated events at The Depot event venue,
located at 701 Michigan Ave. in Jeffersonville, IN.
Whereas,the City will be hosting an ice skating rink (referred to hereinafter as"Ice Rink") at The Depot
between the dates of November 17, 2023 and December 31,2023.
Whereas,the venue includes a building designated for food and beverage sales (referred to herein as
"Bar").
Whereas,the City has assigned duties to Amber Powell to serve as the Event Manager,to manage
operations with vendors to operate upon city property,for the purpose of generating revenue to fund
the city services required to facilitate the Ice Rink.
Whereas, it is in the best interests of the City to contract alcohol concessions to a single vendor that will
be responsible for all legal permitting and management of alcohol sales.
Whereas, it is in the mutual interests of the City and the Concessionaire to enter into this contract
agreement to facilitate vending for the Ice Rink.
THEREFORE, BE IT AGREED by the parties as follows:
1. This contract serves to set parameters for the Jeffersonville Ice Rink at The Depot that is
scheduled for designated dates occurring November 17, 2023 through December 31, 2023.
2. The City hereby grants to the Concessionaire the exclusive right to have a beer,wine and spirit
beverage concession in The Depot.
3. The recitals set forth above shall be incorporated herein by reference as a substantive part of
this contract.
4. The Concessionaire shall execute services in accordance with the following:
a. Provide a point-of-sale in the Bar that offers a variety of alcoholic beverage
options.
b. Provide all equipment necessary for the operation of the Concession, including but not
limited to all bar service logistics and equipment necessary to provide efficient service
for its patrons.
c. Employ sufficient TIPS-trained and certified personnel to provide appropriate staffing
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necessary to comply with the Indiana Alcoholic Beverage Commission regulations.
d. Establish a security plan for operation of the Concession, including age and
identification checks of patrons,wristbands to identify those patrons who have passed
the identification check,coverage of the entrances and exits to and from the Alcohol
Consumption Area and crowd surveillance.
e. Maintain the cleanliness of the Bar and remove all trash and recyclables each night.
f. Ensure that all alcoholic and non-alcoholic beverages sold by Concessionaire are
purchased directly from the designated distributors in accordance with the City Partners
sponsorship program.
g. Coordinate all aspects of planning with the Event Manager which include, but are not
limited to:placement, expectations, regulations and financial reporting.
h. Monitor all sales during the event to ensure they adhere to all expectations and
regulations as set forth by the United States Government, State of Indiana, City of
Jeffersonville and Clark County Department of Public Health.
i. Obtain alcohol liability insurance in the amount of at least$1,000,000,with the
City listed on the policy as additionally insured.The policy must cover the entirety
of the Concerts schedule,to include setup and breakdown times.
j. Attend meetings with City staff prior to the Ice Rink opening,and as needed
throughout the season,to ensure compliance with all expectations, regulations and
ordinances.
5. Logistic guidelines for Concessionaire:
a. All Concessionaire sales shall be executed in the Bar; no walking or otherwise
mobile sales are allowed.
b. The Bar shall be managed in accordance with the codes of the Jeffersonville Fire
Department.
6. The Concessionaire will make a payment to the City in the amount of 20%of net sales revenue
each month. Financial records and payment will be processed as follows:
a. Concessionaire will submit sales statements within four(4) days after the end of
each month.
b. Event Manager will review sales statements and calculate the payment due,
then issue an invoice to Concessionaire.
c. Concessionaire will submit payment in full via online processing or a check
delivered to the Parks Department within seven (7)days after the invoice is
issued.
d. If payment is not made in full by the set deadline,the City has the right to
pursue any and all legal remedies as its attorney sees fit.
7. Concessionaire shall be responsible for obtaining the liquor license and any other permits
necessary for the operation of the Concession.The failure to obtain the necessary liquor
license shall be grounds for termination of the Concession.Concessionaire shall operate the
Concession in compliance with all federal, state and local laws including,without limitation,
those regarding the sale of alcoholic beverages.All license and permit documents must be
filed with the Event Manager at least ten (10) days prior to first day of concession.
8. Concessionaire shall secure and maintain for the term of its contractual relationship
with City such insurance policies from companies licensed in the State of Indiana,as
will protect itself,City(with City named as additional insured to the extent permitted
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by law),and others as specified,from claims for bodily injuries, death, personal injury
or property damage,which may arise out of or result from the Concessionaire's
intentional or negligent acts, errors or omissions.The following insurance coverage, at
or above the limits indicated shall be maintained by Concessionaire:
a. Statutory workers compensation in accordance with Indiana statutory
minimum requirements.
b. Commercial general liability and alcohol liability with minimum coverage of
$1,000,000 and deductible no greater than$1,000.
c. To provide evidence of the required insurance coverages, copies of Certificates
of Insurance in a form acceptable to the City shall be filed with Event Manager
no later than ten (10)days prior to the first day of the Concession. Failure to
file or maintain acceptable Certificates of Insurance with the City is agreed to
be a material breach of any contract and grounds for termination of the
Concession.
d. In addition, Certificates of Insurance shall contain the following clauses:
i. The clause "other insurance provisions" in a policy in which the City is
named as an insured,shall not apply to the City of Jeffersonville.
ii. The insurance companies issuing the policy or policies shall have no
recourse against the City for payment of any premiums or for
assessments under any form of policy.
iii. Any and all deductibles in the above described insurance policies shall
be assumed by and be for the amount of, and at the sole risk of the
Concessionaire.
iv. Location of operations shall be: "all operations The Depot, located at
701 Michigan Avenue,Jeffersonville, IN 47130".
9. Concessionaire shall be responsible for collection and payment of all sales taxes when such
taxes are due and payable.
10. Concessionaire agrees that it will not discriminate against any person on the grounds of race,
color, religion,sex,sexual orientation, national origin or disability in the operation of the
Concession.
11. The City hereby agrees to provide the following:
a. Access to the Bar and the equipment in place for the purpose of concessions.
b. Electrical service and plumbing currently facilitated at the venue.
c. Trash receptacles for use in the Bar and use of the city-provided dumpster on-site at
the venue.
12. Governing Law:This contract shall be governed by the laws of the County of Clark in the
state of Indiana,and any applicable United States Code or Administrative Orders.
13. Arbitration Clause:All disputes,controversies, or claims arising out of or relating to this
contract shall be submitted to binding arbitration in accordance with the applicable rules of
the American Arbitration Association then in effect.
14. Attorney Fees: In the event of any legal action (including arbitration)to enforce or interpret
this contract,the non-prevailing party shall pay the responsible attorney's fees and other
costs and expenses (including expert witness fees)of the prevailing party. In addition,such
non-prevailing party shall pay reasonable attorney's'fees incurred by the prevailing party in
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enforcing,or on appeal from,a judgement in favor of the prevailing party.This provision is
intended by the parties to be severable from the other provisions of this contract and to
survive and not be merged into such judgement.
15. Indemnification:
a. Concessionaire(including, by definition here and herein below,the Concessionaire's
employees,officers, agents, representative,contractors and invitees)shall release,
discharge, indemnify and hold harmless the City and its officials, employees, agents
and representative from and against liability for any claim,demand, loss,damages,
penalty,judgment,expenses,costs (including costs of investigation and defense),
fees,(including reasonable attorney and expert witness fees)or compensation in any
form or kind whatsoever for any bodily injury,death, personal injury, or property
damage arising out of or in connection with any act,error or omission by the
Concessionaire or for any resulting liability alleged to accrue against City on account
of the Concessionaire's acts,errors or omissions; provided, however,that such
indemnity shall not be construed as an indemnity for bodily injury or property
damage arising from the sole negligence or intentional acts of City or its employees.
b. Concessionaire further shall investigate, process, respond to, adjust, provide defense
for and defend, pay or settle all claims,demands, or lawsuits related to its acts,
errors and omissions hereunder at its sole expense and shall bear all other costs and
expenses related thereto,even if the claim,demand or lawsuit is groundless,false or
fraudulent.
c. Security Cameras: Concessionaire shall be permitted to install,at its expense,
security cameras to the area it operates at the Venue including the bar.
Concessionaire hereby releases the City of any liability related to the installation,
operation and removal of the cameras.Concessionaire shall hold the City harmless
for any damages, attorney fees and court costs related to the installation,operation
and removal of the cameras. Concessionaire shall share the security camera footage
to the City if so requested by the City.The security cameras shall be the property of
the Concessionaire and shall be removed from the Venue within thirty(30)days
after the termination of this Agreement.
16. Termination:Should the Concessionaire default in the performance of this Agreement or
materially breach any of its provisions,the City shall have the option of terminating the
Agreement by giving written notification to the Concessionaire at the address shown herein.
This agreement may also be terminated by the City at its option and without prejudice to any
other remedy which it may be entitled either at law, in equity,or under the terms of this
Agreement in the event of any of the following:
a. Requests relief from any obligation under this agreement.
b. Makes a request to discharge a debt to the City in Bankruptcy.
c. Is adjudged to bankruptcy.
d. Becomes insolvent or has a receiver of his/her its assets or property appointed because
of insolvency.
e. Makes a general assignment for the benefit of creditors.
f. Suffers any judgement or against him/her/its to remain unsatisfied or unbounded of
record for thirty(30)days.
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g. Institutes or suffer to be instituted any procedures for reorganization or rearrangement
of his/her/its affairs,or fails to secure and/or maintain permits or licenses necessary to
carry out said terms of this agreement.
In the event of a termination, any moneys due on the date of termination shall be
immediately due and payable.
17. Relationship of Parties: It is understood that the Authority is not in any way or for any purposes
partner or joint venture with,or agent of, Concessionaire in the Concessionaire's operation of
the Concession.
18. Assignment: Concessionaire shall not assign its interest herein without the written consent of
the Authority which consent may be withheld in City's sole discretion.
19. Surrender upon Termination: Upon the expiration or earlier termination of this Concession
Agreement,for any reason whatsoever, Concessionaire shall peaceably surrender to City
possession of the Alcohol Consumption Area.
20. Entire Agreement:This writing,together with all of the attached Exhibits,constitutes the entire
agreement of the parties.This Concession Agreement supersedes all prior concession
agreements, if any, between the parties, and no representation,warranties, inducements,or
oral agreements that may have been previously made between the parties shall continue in
effect unless stated herein.This Concession Agreement shall not be modified except in writing,
signed by the City and Concessionaire.
21. Term/Renewal:The initial term of this Concession Agreement shall be for the city-organized Ice
Rink at The Depot taking place November 17, 2023 through December 31, 2023.At the
expiration of the initial term,this Concession Agreement will be fulfilled.The City has the
option to renew this agreement for subsequent years if it so chooses.
22. Notice:Any notice given pursuant to this Concession Agreement other than which is specifically
permitted to be given in some other fashion shall be in writing and shall be delivered by hand,
by overnight courier or by registered or certified mail, postage prepaid, return receipt
requested and addressed as follows:
a. If to City:
Jeffersonville Parks Department
Attn:Amber Powell
500 Quartermaster Court#205
Jeffersonville, IN 47130
812.285.6440
b. If to Concessionaire:
Hyperion Ventures LLC
Attn:Chris Palmer
246 Spring St.
Jeffersonville, IN 47130
270.791.6674
Notice shall be deemed given when delivered if hand-delivered by courier or two days
after the date indicated on the postmark if sent by U.S. Mail.
Either p. y may change its address to which notices shall be delivered or mailed by
giving o ice of such change as provided above.
By signing below bo p. ies agree o all the clauses and conditions as stated in this contract.
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Signature Date
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s/(C) /acag
Signature Date
Chris Palmer Print Name:
Hyperion Ventures LLC Jeffersonville Board of Public Works
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