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Home My WebLink AboutMelrose Pyrotechnics, Inc/Comm Rel/45,500/Fireworks CarmelFest 2019/Fireworks NYE 2019 Melrose Pyrotechnics,Inc. Community Relations Department-2019 Appropriation#43-590.03,43-593.00;P.O.#102877 Roz, Contract Not To Exceed$45,500.00 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 MELROSE PYROTECHNICS, INC. by and through its Board of Public Works and Safety By: By: \\* James Brainard, Presiding Officer Authorized'Siture Date: Garry R. Poe Printed Name Mary A Burke mb Date: Event Producer Title Lori S. Watson m er FID/TIN: 35-1819463 Date: Last Four of SSN if Sole Proprietor: A E Date: 5/15/19 Christine Pauley,clerk-Tre rG Date: (� IS:'Cwua ts,Ptuf.Sra&Goods Svcs`C,mmw,ity Rclmi.ns\10191Ak4ase P,rs+.hni,s In:.ASA.Jk.:S/IS/2019 1:2S PS11 MELROSE PYROTECHNICS, INC. AGREEMENT This contract entered into this 9th Day of May AD 2019 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 ofJuly 4,2019 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 l5% 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, 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 Forty Thousand Dollars and 00/100(S40,000.00).A service fee of 1 '/z%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 timely secure and 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) Funds for all permits, licenses, and approvals as required by local, state and federal laws for fireworks display. (c)Protection of the display area by roping-off or similar facility. (d)Adequate police protection to prevent spectators from entering display area. (e)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. CUSTOMER By ' ((' _ - By hs ash awlx tent moot who muscats he she has oil midterm to hind the n.,um or Date Signed: May 9,2019 Date Signed (PLEASE TYPE OR PRINT) Garry R. Poe-Event Producer Name P.O.Box 302, I Kingsbury Industrial Park Address Kingsbury, IN 46345 (800)771-7976 Phone Email Exhibit MELROSE PYROTECHNICS, INC. AGREEMENT This contract entered into this 9th Day of May AD 2019 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(I) 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 December 31, 2019 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,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 Five Hundred Dollars and 00/100($5,500.001. A service fee of 1 'h%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 timely secure and 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) Funds for all permits, licenses, and approvals as required by local, state and federal laws for fireworks display. (c)Protection of the display area by roping-off or similar facility. (d)Adequate police protection to prevent spectators from entering display area. (e)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. CUSTOMER 1 -1 �C ' By .- •'- By tit Juh amh m. er oxIto]ape •.,hn relre. u>huh ha>toll Autumn mn to box,he cn•t.mer Date igned: May 9,2019 Date Signed (PLEASE TYPE OR PRINT) Garry R. Poe-Event Producer Name P.O. Box 302, 1 Kingsbury Industrial Park Address Kingsbury, IN 46345 (800)771-7976 Phone Email Exhibit 2c>fZ INDIANA RETAIL TAX EXEMPT Page 1 of 1 City of Carmel CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 102877 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AIP CARMEL, INDIANA 46032-2584 VOUCHER DELIVERY MEMO,PACKING SUPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 5/13/2019 366315 FIREWORKS DISPLAYS 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 36209 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1203 Fund: 101 General Fund Account: 43-590.03 1 Each FIREWORKS CARMELFEST 2019 $40,000.00 $40,000.00 Sub Total $40,000.00 Account: 43-593.00 1 Each FIREWORKS NYE 2019 $5,500.00 $5,500.00 Sub Total $5,500.00 OF C Afir ( _ A :fl I --- ■ M i • II lA ■ 1011 Send Invoice To: `- s, f Community Relations 1 Civic Square ` I Carmel,IN 46032- `f At / PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT 1 PROJECT PROJECT ACCOUNT I AMOUNT PAYMENT $45,500.00 SHIPPING INSTRUCTIONS NP 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 UNOBUGATED 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 } tyf *THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 1 l.K,4ct--e-.` AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY O Nancy Heck James Crider TITLE Director Administration CONTROL NO. 1 02877 CLERK-TREASURER