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Home My WebLink AboutMelrose Pyrotechnics, Inc/Comm Rel/Adl Serv/37,500/Fireworks for Carmelfest and New Year’s EveMelrose Pyrotechnics, Inc. Community Relations Department - 2018 Appropriation #1203 43-590.03,854 43-590.25; P.O. #101540,101541, 101263 %r�0 Contract Not To Exceed $37, 500.00 4 G� IAO 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, Inc. (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". 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: /Ja—r-ne—esBrainard, Pres'din Of 'cer ate: 1 17111 Mary Ann urke, Membqr Date: Lori S. Watso �rr>ber Date: // 1 �3 A _ c l ti Christine Pauley, Clerk -Treasurer Date: MELROSE PYROTECHNICS, INC. By: Authorize S Tture Garry R. Poe Printed Name Event Producer Title FID/TIN: 35-1819463 Last Four of SSN if Sole Proprietor: Date: March 29, 2018 (X:`Coovuts\Prof.S— & food, S—`Com ky lt'1.6 VQI P&Ict— P,>•owbrld (ar, Addl Sr A—d 201 B.dac 712812018 5:06 PAI) MELROSE PYROTECHNICS, INC. AGREEMENT This contract entered into this 8* Day of March AD 2018 by and between MELROSE PYROTECHNICS, INC. of Kingsbury, Indiana and City of Carmel (CUSTOMER) of City Carmel State Indiana. 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. 2018 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 Thirty Two Thousand Five Hundred Dollars and 00/100 ($32.500.00). 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. MEL OSE PYROTECHNICS, INC. By 4Z 3c,t Date igned: March 8, 2018 Garry IL Poe - Event Producer P.O. Box 302, 1 Kingsbury Industrial Park Kingsbury, IN 46345 (800)771-7976 CUSTOMER By Its duly author od agem, who mp—ts he/she has full authonty to bind the cualom Date Signed (PLEASE TYPE OR PRINT) Name Address Phone Email Exhibit i viZ MELROSE PYROTECHNICS, INC. AGREEMENT This contract entered into this 8th Day of March AD 2018 by and between MELROSE PYROTECHNICS, INC. of Kingsbury, Indiana and City of Carmel (CUSTOMER) of City Carmel State Indiana. 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 Decemeber 31, 2018 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 Five Thousand Dollars and 00/100 ($5,000.00). A service fee of 1 % % 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 210 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. ByC u, (Y" Date igned: March 8, 2018 Garry R. Poe - Event Producer P.O. Box 302, 1 Kingsbury Industrial Park Kingsbury, IN 46345 (800)771-7976 CUSTOMER ByIts duly authorized agem, wbo rq� nts hdshe has full authority to bind the cuuomer. Date Signed (PLEASE TYPE OR PRINT) Name Address Phone Email -bit 2o-FZ City ofCarmel INDIANA RETAIL TAX EXEMPT CERTIFICATE NO.003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER JL FEDERAL EXCISE TAX EXEMPT 101540 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, AIP CARMEL, INDIANA 46032-2584 PLEASE INVOICE IN DUPLICATE VOUCHER, DELIVERY MEMO, PACKING SLIPS, FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 3/28/2018 `C.O.D. SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. 366315 2018 CARMELFEST FIREWORKS MELROSE PYROTECHNICS INC Community Relations VENDOR 1 KINGSBURY INDUSTRIAL PARK SHIP 1 Civic Square PO BOX 302 TO Carmel, IN 46032- KINGSBURG, IN 46345 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 24553 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1203 Fund: 101 General Fund Account., 43-590.03 1 Each FIREWORKS CARMELFEST 2018 $25,000.00 Sub Total F CA $25,000.00 $25,000.00 `PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL *THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY TITLE CONTROL NO. 101540 CLERK -TREASURER Nancy Heck Director James Crider Administration Send Invoice To: Community Relations 1 Civic Square 4f�,% j'� /- " Carmel, IN 46032- - • � PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $25,000.00 SHIPPING INSTRUCTIONS AIP 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 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY TITLE CONTROL NO. 101540 CLERK -TREASURER Nancy Heck Director James Crider Administration City®fCarmeICERTIFICATE INDIANA RETAIL TAX EXEMPT NO. 003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 101541 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, AIP CARMEL, INDIANA 46032-2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 3/28/2018 366315 2018 CARMELFEST FIREWORKS - ROTARY'S PORTION MELROSE PYROTECHNICS INC Community Relations VENDOR 1 KINGSBURY INDUSTRIAL PARK SHIP 1 Civic Square PO BOX 302 TO Carmel, IN 46032- KINGSBURG, IN 46345 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 24554 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1203 Fund: 854 Community Relations Gift Account: 43-590.25 1 Each ROTARY SHARE OF CARMELFEST 2018 FIREWORKS Send Invoice To: Community Relations $7,500.00 Sub Total $7,500.00 $7,500.00 1 Civic Square Carmel, IN 46032- (� PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECTACCOUNT AMOUNT PAYMENT $7,500.00 SHIPPING INSTRUCTIONS 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 '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 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY TITLE CONTROL NO. 101541 CLERK -TREASURER —/t"' 'y �4� Nancy Heck Director James Crider Administration ®fir Carmel City INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 Page 1 of 1 PURCHASE ORDER NUMBER Jl FEDERAL EXCISE TAX EXEMPT 101263 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES, A/P CARMEL, INDIANA 46032-2584 FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 1/9/2018 'PURCHASE ORDER NUMBER MUST APPEARALL SHIPPING LABEL 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 366315 NYE CELEBRATION FIREWORKS MELROSE PYROTECHNICS INC Community Relations VENDOR 1 KINGSBURY INDUSTRIAL PARK SHIP 1 Civic Square PO BOX 302 TO Carmel, IN 46032- KINGSBURG, IN 46345 - PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 22511 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1203 Account: Each Account: 43-593.00 1 Each Send Invoice To.- Community o:Community Relations Fund: 101 General Fund Sub Total FIREWORKS FOR NYE CELEBRATION $5,000.00 Sub Total c�OFCgA"Ile $5,000.00 $5,000.00 1 Civic Square Carmel, IN 46032-� PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT I PROJECT ACCOUNT AMOUNT PAYMENT $5,000.00 SHIPPING INSTRUCTIONS 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 '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 APPEARALL SHIPPING LABEL 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Nancy Heck James Crider TITLE Director Administration CONTROL NO. 101263 CLERK -TREASURER