melrose pyrotechnics, inc.
Transcription
melrose pyrotechnics, inc.
MELROSE PYROTECHNICS, INC. AGREEMENT th This contract entered into this 9 Day of October AD 2013 by and between MELROSE PYROTECHNICS, INC. of Kingsbury, Indiana and Village of Buffalo Grove (CUSTOMER) of City Buffalo Grove State Illinois. WITNESSETH: Melrose Pyrotechnics, Inc. for and in consideration of the tenns 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, 2014; July 4, 2015; July 4, 2016; July 4, 2017; July 4, 2018 Customer Initial , weather pennitting, 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 incuned. The detennination 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 lnc.'s out of pocket expenses incuned 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-One Thousand Dollars 001100 ($21.000.00) for Jut 4, 2014; went -One Tho usand F i c Hundred DolJars 00/100 ($21.500.00) for Jul 4,20 15: Twentv-Two Thousand Dollars 00/100 ($22.000.00) for Julv 4, 2016; Twentv-Two Thousand Fi"e Hundred Dolhtrs 00/100 ($22,500.00) for Jul" 4, 2017; and Twent'\'Three Thousand Dollars 00/100 ($23.000.00) ror .Julv 4. 2018 Di Ilta'\' Date. A service fee of I Y2 % 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 420 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 foliowing 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 Ihis 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 temls, 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: Its duly aUlhod;.J';/ tlKl!llt, who rrprl!.\"ents he/she 'IlJs/ull authorit), 10 hilld the customer. Date Signed: October 9, 2013 D ate Signed: _ _ -::-:-::-..,..-::-::-::::-:-::-::-::-:--::-::-::-:=-_ _ __ (PLEASE TYPE OR PRINT) Wynn Cramer, Event Producer I Kingsbury Industrial Park, P.O. Box 302 Kingsbury, Indiana 46345 (800) 771-7976 Name: _ _ _ __ _ _ __ _ __ _ _ _ _ __ _ Address: _ _ _ __ __ __ _ _ __ _ __ Fmilil' U!vnn(lhnpll"()~pnvr() Fmilil' fCn1l1 Phone: MELROSE PYROTECHNICS, INC. AGREEMENT This contract entered into this 9th Day of October AD 2013 by and between MELROSE PYROTECHNICS, rNC. of Kingsbury, Indiana and Village of Buffalo Grove (CUSTOMER) of City Buffalo Grove State Illinois. WITNESSETH: Melrose Pyrotechnics, Inc. for and in consideration of the tenns 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 August 31, 2014; September 6, 2015; September 4, 2016; September 3, 2017; September 2, 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 T wenty-One T hou saud Dollar 00/100 ($21,000.00) for Augu t. 31, 2014; Twentv-One Thou and ive Hundred Dollars 00/100 ($21.500.00) for eptember 6, 2015; Twenty-Two Thousand Dollars 00/100 ( 22.000.00) for epte mber 4, 2016; T wenty-Two Thousand Five Hnndred Dollars 00/100 ($22,500.00> fo), epl mbe .. 3, 2017~ and Twenty-Three T hou and Dollal's 00/100 ($23,000.00) 1'0)' eptembe)' 2, 2018 Displa Dates. A service fee of I \12 % 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 420 feet at all points from the discharge area. (b) Protection of the display area by roping-offal' similar facility. (c) Adequate police protection to prevent spectators from entering display area. Cd) 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: 10 du ly tlUtlw riuu ag~u/, wnll Date Signed: October 9,2013 rl'prt!'>elJI.\ J~\lw hcufuil lJUl hority 10 billJ Ih ~ ('U.'i/OIfIt'f. Date Signed: - - - ---:c=-=-:--,:---,----,:----:---(PLEASE TYPE OR PRINT) Wynn Cramer, Event Producer I Kingsbury Industrial Park, P.O. Box 302 Kingsbury, Indiana 46345 nwm 771-7Q7A Name: _ _ __ _ _ _ _ _ _ _ _ __ __ _ __ Address:_ _ __ _ _ _ _ _ _ _ __ _ _ __ Phnnp' VILLAGE OF BUFFALO GROVE PUBLIC CONTRACT STATEMENTS The Village of Buffalo Grove is required to obtain certain information in the administration and awarding of public contracts. The following Public Contract Statements shall be executed and notarized. PUBLIC CONTRACT STATEMENTS CERTIFICATION OF CONTRACTOR/PROPOSERS In order to comply with 720 Illinois Compiled Statutes 5/33 E-1 et seq., the Village of Buffalo Grove requires the following certification be acknowledged: The below-signed Proposers/contractor hereby certifies that it is not barred from Bidding or supplying any goods, services or construction let by the Village of Buffalo Grove with or without Bid, due to any violation of either Section 5/33 E-3 or 5/33 E-4 of Article 33E, Public Contracts, of the Chapter 720 of the Illinois Compiled Statutes, as amended. This act relates to interference with public contracting, Bid rigging and rotating, kickbacks, and Biding. CERTIFICATION RELATIVE TO 65 ILCS 5/11·42.1.1 In order to comply with 65 Illinois Complied Statutes 5/11-42.1.1, the Village of Buffalo Grove requires the following certification: The undersigned does hereby swear and affirm that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless it is contesting, in accordance with the procedures established by the appropriate revenue Act, its liability for the tax or the amount of the tax. The undersigned further understands that making a false statement herein: (1) is a Class A Misdemeanor, and (2) voids the contract and allows the Village to recover all amounts paid to it under the contract. CONFLICT OF INTEREST The Village of Buffalo Grove Municipal Code requires the following verification relative to conflict of interest and compliance with general ethics requirements of the Village: The undersigned supplier hereby represents and warrants to the Village of Buffalo Grove as a term and condition of acceptance of this (Proposal or purchase order) that none of the following Village Officials is either an officer or director of supplier or owns five percent (5%) or more of the Supplier: the Village President, the members of the Village Board of Trustees, the Village Clerk, the Village Treasurer, the members of the Zoning Board of Appeals and the Plan Commission, the Village Manager and his Assistant or Assistants, or the heads of the various departments within the Village. If the foregoing representation and warranty is inaccurate. state the name of the Village official who either is an officer or director of your business entity or owns five percent (5%) or more thereof: (Official) _ __ _ _ _ _ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ Melrose pyrotechnics, Inc . Print N~me - f Contractor~opos~,rs/Supplier .' Signature ~ \.A tf\- ~\,\./\... Cramer Event Producer Title 1_2_t_h__ day of _ Su scribed and sworn to before me this __ ) - ? -Ll ,n{/)v}0tA Notary Public S_e--=p_t_e_mb __e_r____---', 2013 . _ ___ . Notary Expiration Date 10/15/2 0 15 Kristy Ruminski 5 SCHEDULE OF PRICES TO: THE VILLAGE OF BUFFALO GROVE, ILLINOIS FULL NAME OF PROPOSERS: Melrose pyrotechnics, Inc. MAIN BUSINESS ADDRESS: 1 Kingsbury Industrial Park P.O. Box 302, Kingsbury, Indiana 46345 PLACE OF BUSINESS: Kingsbury, Indiana The undersigned, declares that it has carefully examined the proposed work, the Contract Documents, and all other documents referred to or mentioned in the Contract Documents and it proposes and agrees, if this Proposal is accepted, that it will contract with the Village, in the form of the Contract attached, to complete the Work titled "2014 Pyrotechnic Services", and that it will take in full payment therefore the sums set forth in the following Schedule of Prices. SCHEDULE OF PRICES The~~ s ~ or 7 4 1 4 7 4 15 , 7 ~ Independence Day Holiday Pyrotechnic Display yeN!)' (')p.J T ijoU 50"' .... [) 1\: cnl::y Thr ee A. r: 2310g.~ 16 $ 'Z IJ 000 . 00 ~F'-i~E1n~fi~*1fffi w~J&; HtHl4~G-f}oll a ro fol!' 7 4 l-+-i--aOO 7 1 1 8 ..!fwenty Three--!.FJ:lol:i-SttflG-Be ll a r s 23 , 000 . 0 0 B. 25 , 60e-:-B-& for 0 31 14 , 9 6 1 5, ~-4-1 6 ottE T-4\ov~D $ '2'~OOl\ .~ ~ive Thousaae Si x HuaGreG~ellar3 25 ,6 90 . 00 Insert amount in words for 9 3 17 , a nd 9 2 l 8 Buffalo Grove Days (Labor Day) Pyrotechnic DisplaYT)l&N"t'l' 2nd year contract.QPt~ - the unit prices (A and B) shall be adjusted by 2:~8 . -e- percent~/-). f'Z I, 5100.00 contract~- the unit prices (A and B) shall be adjusted by 'Z. 3') . -B- percent m'-). $ 2.'ZJ 000. cO 3rd year 4th year contract option - the unit prices (A and S) shall be adjusted by Z. 21 .+e-percent + -J. .$ %zJ ~o 0 5th year contract option - the un il prices (A and B) shall be adjusted by 7. Z2 . ~percent + -J. ~ Z~) 000.00 6 • 00 SCHEDULE OF PRICES SUBCONTRACTOR LISTING Proposer, intends to employ the following listed subcontractors for the following enumerated classes of work and is not to alter or add to such list without the written consent of the Village. SUBCONTRACTOR 1. nla 2. nla 3. nla 4. nla CLASS OF WORK September 12, 2013 Date Melrose Pyrotechnics, Inc. Legal Entity (Sign here) (Print Name) Wynn Cramer Phone _(_8_0_0_)_7_7_1_-_7_9_7_6_ _ _ _ _ __ wynn@melrosepyro. com __ E-mal'1 ____________________________ 7 VILLAGE OF BUFFALO GROVE CONTRACT Pyrotechnic Services Melrose Pyrotechnics, Inc. CONTRACTOR BY Wynn ramer Event Producer TITLE ATIEST: s Director of Operations TITLE THE VILLAGE OF BUFFALO GROVE VILLAGE MANAGER 21