Melrose 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„
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MELROSE PYROTECHNICS
By:
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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 $25, 000.00
Exhibit "C°
E -Verify Affidavit
NfiRRy Y�2 . � E , being first duly sworn, deposes and says that
he/she is familiar with and has personal knowledge of the facts herein and, if called as a witness in this
matter, could testify as follows:
1. I am over eighteen (18) years of age and am competent to testify to the facts contained
herein.
2. I am now and at all times relevant herein have been employed by
i(1 Et_1`4r; F- V'Y 40,1 T C GH 0) Qiel l t PJ C, .(the "Company") in the position
of i;�'C
3. I am familiar with the employment policies, practices, and procedures of the Company and
have the authority to act on behalf of the Company:
4. The Employer is enrolled and participates in the federal E -Verify program and has
provided documentation of such enrollment and participation to the City of Carmel,
Indiana.
The Company does not knowingly employ any unauthorized aliens.
FURTHER AFFIANT SAYETH NOT.
EXECUTED on the . tl, day of Svk rJ t ; 20 I�
Printed: �06
I certify under the penalties for perjury under the laws of the United States of America and the State of
Indiana that the foregoing factual statements and representations are true and correct.
Printed: I 6 2 t2 �' _ PD L
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CERTIFICATE PURqHASEF5,iR�6—ER NUMBER,
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MERAL'EXCISE TAX EKEmpt 335
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ONE CIVIC SCiUARE 35-6000972
THIS*MBER MUST APPEAR ON INVOICES A+P
CARMEL, INV.IANA-4QQ32-,464 VOUCHER, DELIVERY MEMO PACKING SLIPS;
SHIPPING LABELSAND ANYCORRESPONDENCE
APPROvEDBYSf&E bbARD:oO,AccouNTS FOR: CITY: OF CARMEL.- 1997
DESC IPTI N
obi 14ASE ORDER DATE DATE,REQUIRED.: REQUISITION. Nq� -VENDOR N
1/1/2.01,6' 3fi6315 CARMELFEST FIREWORKS
MEL.RPSE PYROTEPHNICS INC 'Community Relations
VENDOR I KINGSBURY INDUSTRIAL PARK SHIP 1.
Olvic Squam
POBOX,TO
Carmel, IN 46032'-
KINGSBURG, IN 4634$; -
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