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Home My WebLink AboutResolution_BPW_04-15-20-01/Melrose Pyrotechnics, Inc/40,000/Carmelfest Fireworks RESOLUTION NO. BPW 04-15-20-01 RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY ACKNOWLEDGING AGREEMENT BETWEEN OWNER AND CONTRACTOR WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to enter into contracts;and WHEREAS,pursuant to Indiana Code 36-4-5-3,the City's mayor may enter into contracts on behalf of the City;and WHEREAS, pursuant to his authority under Indiana law, the City's mayor, the Honorable James C. Brainard,has caused to be signed the Grant Agreement attached hereto as Exhibit A(the"Contract");and WHEREAS, Mayor Brainard now wishes to present the contract to the City's Board of Public Works and Safety for it to be publicly acknowledged, filed in the Clerk's Office,and made available to the public for review. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as follows: I. The foregoing Recitals are incorporated herein by this reference. 2. The receipt of the Contract is hereby acknowledged. 3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public for review. SO RESOLVED this 15th day of APril ,2020. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: 1/M'M• A3/1066:40441‘04 Ines Brai ,Pr siding Officer Date: f J 2&_o )141 Mary Mite Burke,Member Date: 4/15/2020 Lori S.Watson,Member Date: 4/15/2020 ATTES ia" Sue Wolf g,Cle k Date:/,�"j/dOczl 0 S:1E Bass tMy Documentsl6PW-Resolu0onst20201Acknowledge Agreement Melrose Pyrotechnics-Inc..docx4I62020 4:01 PM (APPROVED By Jon Oberlender at 11:39 am,Apr 06,2020 MELROSE PYROTECHNICS, INC. AGREEMENT This contract entered into this 2" Day of April AD 2020 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(1) one 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 4,2020 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$40,000.00(Forty thousand and 00/100 dollars).A service fee of I ''A% 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. MELRO PYROTECHNICS,INC. CUSTOMER Bye►t By • t O.Juk whnnuJ open,.wM1u rcr..e!.Wish.:hos full nuiha N,u.IxnJ,h,on.ium•I Date Sili d:I April 2,2020 Date Signed April 6 , 2020 (PLEASE TYPE OR PRINT) Garry R. Poe,Event Producer Name James Brainard, Mayor P.O.Box 302, 1 Kingsbury Industrial Park Address City of Carmel Kingsbury, IN 46345 1 Civic Square, Carmel, IN 46032 (800)771-7976 Phone 317-571-2401 Email jbrainardecarmel.in.gov INDIANA RETAIL TAX EXEMPT Page 1 of 1 cj1y ®f Carmel CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 103919 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,A/P CARMEL, INDIANA 46032-2584 VOUCHER,DEUVERY MEMO,PACKING SLIPS, 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 4/6/2020 366315 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 45758 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1203 Fund: 101 General Fund Account: 43-590.03 I Each CARMELFEST FIREWORKS $40,000.00 $40,000.00 Sub Total $40,000.00 \.0 OF Ciiii441/4 iil SUN 2 9 i SUS ll. I i gk.::. Send Invoice To. _ Community Relations 1 Civic Square - N "� •i Carmel, IN 46032 PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT I PROJECT ACCOUNT I AMOUNT PAYMENT $40,000.00 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 APPEAR ON ALL SHIPPING LABEL }} Q t7 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 1 L.4t.►+ �1! ' /4-e� c4.-y Lie e t AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Nancy Heck James Crider TITLE Director Director of Administration CONTROL NO. 103919 CONTROLLER