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Home My WebLink AboutMelrose Pyrotechnics/Comm Serv/25,000/Adl Serv Amend/Carmelfest FireworksMelrose Pyrotechnics Community Relations - 2016 Appropriation 0 1203/43-590.03; P.O. it 33596 Contract Not "ro Exceed $25, 000.00 ROL ADDITIONAL SERVICES AMENDMENT TO° AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AMENDMENT TO THE GOODS AND SERVICES AGREEMENT ("Agreement") entered into by and between the City of Carmel and Melrose Pyrotechnics (the "Vendor"), as City Contract dated June 5, 2013 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". Furthermore, the terms of the Agreement shall be amended to include the E -verify requirement as stated in Indiana Code § 22-5-1.7 et seq., which is attached hereto and incorporated herein as Exhibit "B", as well as the required E -verify Affidavit, attached hereto and incorporated herein as Exhibit "C". Also, pursuant to I.C. § 5-22-16.5, Vendor shall certify that in signing this document, it does not engage in investment activities within the Country of Iran. 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: o+ P►�� James Brainard, Presiding Officer n., E„ IXaCommnssPro[Sccs k Goods SmICum1—dly RetoH01¢V016WELROSE PYROTECHNICS ASA 2016.4oc:611312016 I1:o8AAp MELROSE PYROTECHNICS By: M Printed 06 CIL Title FIDITIN: LA n� Last Four of SSN if Sole Proprietor: Date: MELROSE PYROTECHNICS, INC, AGREEMENT This contract entered into this 14'h Day of March AD 2016 by and between MELROSE PYROTECHNICS, INC. of Kingsbury, Indiana and City of Carmel (CUSTOMER) of City Carmel State IN. WITNESSETH: Melrose Pyrotechnics, Inc. for and in consideration of the terms hereinafter mentioned, agrees to furnish to the Customer One 1 Fireworks Display(s) as per agreement made and accepted and made a part hereof, including the services of our Operator to take charge of and fire display under the supervision and direction of the Customer, said display to be given on the evening of July 4, 2016 Customer Initial weather permitting, it being understood that should inclement weather prevent the giving of this display on the date mentioned herein the parties shall agree to a mutually convenient alternate date, within six (6) months of the original display date. If the show is rescheduled prior to our truck leaving the facility, Customer shall remit to Melrose Pyrotechnics, Inc. an additional 15% of the total contract price for additional expenses in presenting the display on an alternate date. If the show is rescheduled after our trucks leave the facility, Customer shall remit to Melrose Pyrotechnics, Inc. an additional 40% of the total contract price for additional expenses incurred. The determination to cancel the show because of inclement or unsafe weather conditions shall rest within the sole discretion of Melrose Pyrotechnics, Inc. In the event the Customer does not choose to reschedule another date or cannot agree to a mutually convenient date, Melrose Pyrotechnics, Inc. shall be entitled to 50% of the contract price for costs, damages and expenses. If the fireworks exhibition is canceled by Customer prior to the display, Customer shall be responsible for and shall pay to Melrose Pyrotechnics, Inc. on demand, all Melrose Pyrotechnics Inc.'s out of pocket expenses incurred in preparation for the show including, but not limited to, material purchases, preparation and design costs, deposits, licenses and employee charges. MELROSE PYROTECHNICS, INC. agrees to furnish all necessary fireworks display materials and personnel for a fireworks display in accordance with the program approved by the parties. Quantities and varieties of products in the program are approximate. After final design, exact specifications will be supplied upon request. Should this display require any Union related costs; their fees are not included in this agreement. It is further agreed and understood that the CUSTOMER is to pay MELROSE PYROTECHNICS, INC. the sum of Twenty -Five Thousand Dollars and 00/100 ($25,000.00). A service fee of 1 '/i % per month shall be added, if account is not paid within 30 days of the show date. MELROSE PYROTECHNICS, INC.. will obtain Public Liability and Property Damage and Workers Compensation Insurance. All those entities/individuals who are listed on the certificate of insurance will be deemed an additional insured on our liability policy. CUSTOMER will provide the following items: (a) Sufficient area for the display, including a minimum spectator set back of 350 feet at all points from the discharge area. (b) Protection of the display area by roping -off or similar facility. (c) Adequate police protection to prevent spectators from entering display area. (d) Search of the fallout area at first light following a nighttime display. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto responsible for their separate and individual debts and obligations and neither party shall be responsible for any agreements not stipulated in this contract. Customer agrees to pay any and all collection costs, including reasonable attorney's fees and court costs incurred by Melrose Pyrotechnics, Inc. in the collection or attempted collections of any amount due under this agreement and invoice. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. MELROSE PYROTECHNICS, INC. By Date Signed: March 14, 2016 Garry R. Poe - Event Producer P.O. Box 302, 1 Kingsbury Industrial Park Kingsbury, IN 46345 (800)771-7976 garry@melrosepyro.com CUSTOMER By Its duly authorized agent, nitro represents he/she has Cull authority to bind the customcr. Date Signed (PLEASE TYPE OR PRINT) Name_ Address Phone BIT 4 Email l Wj Melrose Pyrotechnics Community Relations - 2016 Appropriation # 1203/43-590.03; P.O. # 33596 Contract Not To Exceed $25, 000.00 EXHIBIT "B" E -verify requirement All terms defined in I.C. § 22-5-1.7 et seq. are adopted and incorporated into this section of the Amendment. Pursuant to I.C. § 22-5-1.7 et seq., Vendor shall enroll in and verify the work eligibility status of all of its newly -hired employees using the E -Verify program, if it has not already done so as of the date of this Addendum. Vendor is further required to execute the attached Affidavit, herein referred to as "Exhibit C", which is an Affidavit affirming that: (i) Vendor is enrolled and is participating in the E -verify program, and (ii) Vendor does not knowingly employ any unauthorized aliens. This Addendum incorporates by reference, and in its entirety, attached "Exhibit C." In support of the Affidavit, Vendor shall provide the City with documentation that it has enrolled and is participating in the E -Verify program. This Agreement shall not take effect until said Affidavit is signed by Vendor and delivered to the City's authorized representative. Should Vendor subcontract for the performance of any work under this Addendum, the Vendor shall require any subcontractor(s) to certify by affidavit that: (i) the subcontractor does not knowingly employ or contract with any unauthorized aliens, and (ii) the subcontractor has enrolled and is participating in the E -verify program. Vendor shall maintain a copy of such certification for the duration of the term of any subcontract. Vendor shall also deliver a copy of the certification to the City within seven (7) days of the effective date of the subcontract. If Vendor, or any subcontractor of Vendor, knowingly employs or contracts with any unauthorized aliens, or retains an employee or contract with a person that the Vendor or subcontractor subsequently learns is an unauthorized alien, Vendor shall terminate the employment of or contract with the unauthorized alien within thirty (30) days ("Cure Period"). Should the Vendor or any subcontractor of Vendor fail to cure within the Cure Period, the City has the right to terminate this Agreement without consequence. The E -Verify requirements of this Agreement will not apply, should the E -Verify program cease to exist. [X:1Con0actslProLSm & Goads Svcs\Community Rcla6om\2016WELROSE PYROTECHNICS ASA 2016.doc01312016 11:08 AMS Melrose Pyrotechnics Community Relations - 2016 Appropriation # 1203/43-590.03; P.O. # 33596 Contract Not To Exceed $25, 000.00 Exhibit "C° E -Verify Affidavit NfiRRy Y�2 . � E , being first duly sworn, deposes and says that he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this matter, could testify as follows: 1. I am over eighteen (18) years of age and am competent to testify to the facts contained herein. 2. I am now and at all times relevant herein have been employed by i(1 Et_1`4r; F- V'Y 40,1 T C GH 0) Qiel l t PJ C, .(the "Company") in the position of i;�'C 3. I am familiar with the employment policies, practices, and procedures of the Company and have the authority to act on behalf of the Company: 4. The Employer is enrolled and participates in the federal E -Verify program and has provided documentation of such enrollment and participation to the City of Carmel, Indiana. The Company does not knowingly employ any unauthorized aliens. FURTHER AFFIANT SAYETH NOT. EXECUTED on the . tl, day of Svk rJ t ; 20 I� Printed: �06 I certify under the penalties for perjury under the laws of the United States of America and the State of Indiana that the foregoing factual statements and representations are true and correct. Printed: I 6 2 t2 �' _ PD L %:�lonl �cLL+P�of.S�<sR Goods SwY\Comm.l t%VRclmiolnUO16%IELROSE PYROTECHNICS ASA 2016doe61lA20I61I:09 AMS ANA RETAIL TPJ� EXEMPT pdga: I of. CERTIFICATE PURqHASEF5,iR�6—ER NUMBER, yq 'y' of )E t4t)�A03,lgojpS 06,2 Q. Carmd' cE�'T MERAL'EXCISE TAX EKEmpt 335 era, ONE CIVIC SCiUARE 35-6000972 THIS*MBER MUST APPEAR ON INVOICES A+P CARMEL, INV.IANA-4QQ32-,464 VOUCHER, DELIVERY MEMO PACKING SLIPS; SHIPPING LABELSAND ANYCORRESPONDENCE APPROvEDBYSf&E bbARD:oO,AccouNTS FOR: CITY: OF CARMEL.- 1997 DESC IPTI N obi 14ASE ORDER DATE DATE,REQUIRED.: REQUISITION. Nq� -VENDOR N 1/1/2.01,6' 3fi6315 CARMELFEST FIREWORKS MEL.RPSE PYROTEPHNICS INC 'Community Relations VENDOR I KINGSBURY INDUSTRIAL PARK SHIP 1. Olvic Squam POBOX,TO Carmel, IN 46032'- KINGSBURG, IN 4634$; - CONFIRMATION BLANKET CONTRACT PAYM,ENTTERMS FREIGHT QUANTITY UNIT"OFMEASUR.E' DESCRIPTION UNIT PRICE iiFENSION' pepaitmen t 12.0.3 Acco.Ynt. 43-590,03, Fund: 101: General Fund I 'E.004 CARMELFEST FIREWORKS Su6TOtai Serio 101)1*6, To.:. Com.m6nity*116Wtions. i.Civic Square. -1bqrmel,..lN 46032 ..., . 1. . INVOICE .IN DUP.Lk PAYMENT $25,000.00 SHIPPING INSTRUCTIONS 0 VOUCHER,CANNGT BE APPROVED FOR PAYMENT UNLESS THIt?A NUMBER IS MADE A PART OF THEVOUCHER AND EVERY INVOKE AND VOUCHE 1 PROPER "SHIP PREPAID.. RHASTHESWORN AFFIDAVIT ATTACHED, I HEREBY CERTIFY THAT THERE IS AN.qNOBLIGM "' I , , SHIPMENT CANNOT BEACCEPTED. LANCE THIS $.Ul�Fl.6E.NTT6�X�FqRTO�ABOV,E.O.R,DEK- RASE'ORPIER NUMBER MUST A 0 G LABEL _PN4R, NALL.SHIPPIN. ,'THIS ORDER ISSUED . IN WWI. . MCE WITH CHAPTER90,ACTS .1045 kt, ORDERED BY AND, ACTS AMENDATORY THEREOF AfibSuoLE$IENTTHERETO. 'TITLE° CONTROL NO. 335-96 CLERKJIREASURER