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Melrose Pyrotechnics/Com Rel/$25,000/4th of July FireworksMelrose Pyrotechnics t Community Relations - 2015 Appropriation # 1203/4359003; P.O. # 32709 Contract Not To Exceed $25, 000.00 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 (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 Ames Brainard, Presiding Officer Date: -- ATTEST: Diana Cordray, IAMC, ' Ierk- Treasurer Date: /S: ConsncssWof.Svcs& Gads SvcslConmmnny Relations \20151UELROSF I 'YROTECIWICS ASA.doc3 /16/201. 12:48 P.1I MELROSE PYROTECHNICS By: ap. Authorized Sig Garry R. Poe Printed. Name Event Producer Title FID/TIN: 35- 1819463 Last Four of SSN if Sole Proprietor: Date: 3/18/15 MELROSE PYROTECHNICS, INC. AGREEMENT This contract entered into this 11 Day of March AD 2015 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 ►h, 2015 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 Dollars ($25,000.00). A service fee of 1 '/2% 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. 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. MELROS )YRO, C ICS, INC. CUSTOMER By By hs du■ m.tlxwizod agent, ..ho rery<eents he/she has full mnhorit.. to Fuld the etsta xr. Date Sigi dl 1March 11 ►h, 2015 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 f EI City 0 ONE CIVIC SQUARE CARMEL, INDIANA 46032 -2584 PPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL - 1997 INDIANA RETAIL TAX EXEMPT CERTIFICATE NO. 003120155 002 0 FEDERAL EXCISE TAX EXEMPT 35- 60000972 JRCHASE ORDER DATE PAGE PURCHASE ORDER NUMBER 32709 THIS NUMBER MUST APPEAR ON INVOICES, VOUCHER, DELIVERY MEMO, PACKING SL! SHIPPING LABELS AND ANY CORRESPONDEN DATE REQUIRED REQUISITION NO. VENDOR NO. 1/6/2015 DESCRIPTION VENDOR Melrose Pyrotechnics, Inc. Attn: Gary Poe P. 0. Box 302 Kingsbury, IN 46345 SHIP TO City of Carmel Dept. of Community Relations & Economic Development One Civic Square Carmel, IN 46032 ONFIRMATION BLANKET CONTRACT PAYMENT TERMS FREIGHT QUANTITY UNIT OF MEASURE DESCRIPTION Fireworks for CarmelFest 2015 Send Invoice To: 1203/4359003 PLEASE INVOICE IN DUPLICATE UNIT PRICE T EXTENSION $25,000.0( $25,000.00 DEPARTMENT ACCOUNT PROJECT SHIPPING INSTRUCTIONS JjP REPAID. • C.O.D. SHIPMENTS CANNOT BE ACCEPTED. • PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. • OCUMENT CONTROI Nn 7 fl Q ORDERED BY TITLE CLERK - TREASURER VFNlintz (^raw PROJECT ACCOUNT AMOUNT PAYMENT • 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 AFFIDAVIT ATTACHED. • I HEREBY CERTIFY T AT THERE IS AN UNOBLIGATED BALANCE IN THIS APPROPRI S lam„ NT TO PAY F• • JHE ABOVE ORDER.