Muyni
← Back to Madison

Board of Public Works and Safety

Regular Meeting

Madison, IN · April 7, 2025

AgendaMinutes

Agenda

Board of Public Works and Safety Agenda MEETING DATE: Monday, April 7, 2025, at 11:30 AM MEETING PLACE: Madison City Hall- Council Chambers A. Calling of roll and notice of absentees. B. Approval of minutes C. Claims • General • Payroll D. Adjustments • 2933 Kentucky E. New business • Utilities Superintendent Brian Jackson: SRF Disbursement Requests and Cert. of Subs. Comp.  SRF #3SRFINT Commonwealth  SRF #4SRFINT Dave O’Mara Contracting  SRF #5SRFINT MW Cole Construction  Water Project Division B MW Cole Contracting Cert. of Subs. Completion (tabled 3/3) • Director of Streets, Solid Waste & Facilities: Chris Hale: TSO Inspection Report • Code Enforcement: Duey O’Neal: Update on Annual Report • Sr. Center and Events Coordinator: Brett Ricketts: Contract for Fireworks with Zambelli • Councilwoman Krebs: Presentation of Petition to remove speed bump on E. First St. F. Unfinished business • Resolution 2025-11B: Molly Dattilo Run/Walk G. Mayor’s comments H. Public comments I. Next Meeting: Monday, April 21, 2025 J. Motion to adjourn. City of Madison acknowledges its responsibility to comply with the Americans with Disabilities Act of 1990. To assist individuals with disabilities who require special services (i.e. sign interpretative services, alternative audio/visual devices, etc.) for participation in or access to City sponsored public programs, services and/or meetings, the City requests that individuals make requests for these services forty-eight (48) hours ahead of the scheduled program, service and/or meeting. To plan, contact ADA Coordinator at 812-265-8300. Board of Public Works and Safety Minutes MEETING DATE: Monday, March 17, 2025, at 11:30 AM MEETING PLACE: City Hall- Council Chambers The Board of Public Works and Safety, City of Madison, Indiana, met at 11:30 AM in the Council Chamber, City Hall. Calling of roll and notice of absentees: Eaglin, Courtney, and Carlow were present (3-0). Approval of Minutes: Eaglin moved to approve the March 3, 2025, minutes, seconded by Carlow. All in favor, motion carried (3-0). Claims—General/Payroll: Carlow moved to approve the general and payroll claims as submitted, seconded by Eaglin. All in favor, motion carried (3-0). Adjustments: 708 W Fourth Street: Property owner Joshua Bowlds experienced a leak due to a broken water line, affecting billing for one month. He is requesting an adjustment of $2,533.31 to wastewater charges, restoring them to his average usage. The leak, which occurred between January and April 2024, was located in a line beneath the home and has since been repaired. Motion: Courtney moved to approve the adjustment for 708 W Fourth Street, seconded by Eaglin. All in favor, motion carried (3-0). New business: 10-Minute Parking Space at 108 E Main Street – MPD Chief Shawn Scudder: A request for a designated 10-minute parking space at the corner of Main and West Streets to serve the golf simulator and restaurant businesses has been requested. This space would provide convenience for customers unloading golf bags before parking and for community members picking up takeout from nearby restaurants. This would benefit multiple businesses located in the downtown area. Motion: Eagin moved to approve the 10-minute parking space recommendation, seconded by Carlow. All in favor, motion carried (3-0). Shooting Range Recommendations – MPD Chief Shawn Scudder: The existing shooting range, utilized by multiple law enforcement agencies, was established in the 1950s when the surrounding area had minimal business and residential development. However, as the community has grown, the facility no longer provides adequate protection for nearby homes and businesses. Recently, stray bullets have been discovered at a home in Miles Ridge and the animal shelter, highlighting safety concerns. Ivy Tech has sent a letter of support to the board, raising concerns about the shooting range being so close to their campus. They're worried that over time, students and staff might get used to the sound of gunfire, which could make it harder to tell the difference between regular range activity and a real safety threat to the campus. The recommendation would be to shut down the range by May 1, 2025, to give time to law enforcement agencies to comply with their 2025- mandated firearms training and certifications. The city will collaborate with Jefferson County officials to identify an alternate range facility within a year of closing the current range. Motion: Eaglin moved to approve the closing of the shooting range with the schedule laid out by the chief, seconded by Courtney. All in favor, motion carried (3-0). Resolution 2025-9B: Pakalana’s Poke Wagon: Isa Center, on behalf of Pakalana’s Poke Wagon, has requested the temporary closure of two parking spaces in front of the James Dell clothing store at 108 West Main Street from 10:00 p.m. on March 21, 2025, to 6:00 p.m. on March 22, 2025. The closure is requested to allow the food truck to park and operate for food vending during the James Dell Hawaiian Luau. Motion: Eaglin moved to approve Resolution 2025-9B, seconded by Carlow. All in favor, motion carried (3-0). Resolution 2025-10B: Life Choices Walk for Life: Lisa Perry, Executive Director of the Life Choices Clinic, has requested the temporary closure of certain streets for the Life Choices Clinic Walk for Life on Saturday, May 3, 2025. The requested closures, from 8:00 a.m. to 12:00 p.m., include Vaughn Drive from Vernon Street to the alley gravel lot between East Street and St. Michael’s Avenue, and Vernon Street from First Street to Vaughn Drive. Motion: Carlow moved to approve Resolution 2025- 10B, seconded by Eaglin. All in favor, motion carried (3-0). Resolution 2025-11B: Molly Dattilo Run/Walk: Paul Kelly, on behalf of the Molly Dattilo 5K Run/Walk committee, has requested temporary street closures for the annual Molly Dattilo 5K Run/Walk on Saturday, May 10, 2025. Vaughn Drive between West Street and Poplar Street is requested to be closed from 5:30 a.m. to 11:15 a.m. Additional closures from 7:30 a.m. to 11:15 a.m. include Vaughn Drive from Vernon Street to Ferry Street (including the City campground), St. Michael’s Avenue from Vaughn Drive to First Street, First Street from St. Michael’s Avenue to Vernon Street, Second Street from Elm Street to Vine Street, and Vernon Street from Vaughn Drive to First Street. Motion: Courtney moved to table Resolution 2025-11B for a representative to be present, seconded by Carlow. All in favor, motion carried (3-0). Resolution 2025-12B: Adopting Standards re. Vacant & Abandoned Structures: The City of Madison has recognized the ongoing issues caused by vacant, abandoned, and unsafe structures, which have led to over 1,175 nuisance and unsafe structure cases in the past three years. In response, it has been recommended that a formal ordinance, titled "The Registration and Abatement of Vacant and Abandoned Structures Ordinance," be established to hold property owners accountable for maintaining their buildings and minimizing their negative impact on neighborhoods. The Board of Public Works and Safety has approved and recommended this ordinance for passage by the Common Council. Nicole Schell, Director of Planning, Preservation, and Design, provided an overview of the resolution and its key components. The full presentation is available for viewing on the City of Madison’s YouTube Channel. Motion: Eaglin moved to approve Resolution 2025-12B, seconded by Carlow. All in favor, motion carried (3-0). Director of Finance and Budget Mindy McGee: Professional Services Agreement with Jacobi Toombs & Lanz: This agreement is standard for the city's CCMG projects. In November, the city applied for a substantial CCMG grant, which was awarded last week. The project represents a $3 million investment in the Main Street Corridor between Mill and Broadway. The services agreement, valued at up to $775,000 for the duration of the project, includes professional inspections. With an expected timeline of four to five months, the agreement covers approximately two months of inspections for the city. Motion: Eaglin moved to approve the Professional Services Agreement with Jacobi Toombs & Lanz, giving the Mayor the authority to sign, seconded by Carlow. All in favor, motion carried (3-0). Parks Events Brett Ricketts: Contract with BYB Events Services: This event is part of the Fall Harvest Festival and follows the same format the city has successfully used in recent years. The goal is to have the entire event sponsored. Motion: Courtney moved to approve the contract with BYB Events Services, seconded by Carlow. All in favor, motion carried (3-0). PACE Applications – Historic Preservationist Brenna Haley: 1 W 6th St. is a rehabilitation grant requesting $7,500. Work would include the replacement of historic brick, tuckpointing, scraping, painting, and window replacement. 515 Jefferson St. is a rehabilitation grant requesting $7,500. Work would include tuckpointing and replacing pediments on the first-floor windows and doors. 403 W 2nd St. is a rehabilitation grant requesting $7,500. Work would include restoration of windows, stripping the paint replacement of rotten wooden sills, and reglazing as necessary. 311 East St. is a rehabilitation grant requesting $7,500. Work would include the replacement of the front door, the street-facing windows, front steps, and the retaining wall. 135 East Main St. is a rehabilitation grant requesting $7,500. Work would include the replacement of a vinyl window, refurbishing wooden windows, repainting the metal cornice, and scraping paint. 917 W 1st is a rehabilitation grant requesting $7,500. Work would include building a 20x20 foot addition on the rear, removing the vinyl siding, and replacing it with LP Smart Siding, adding aluminum gutters and shingles. 805 E 2nd St. is a rehabilitation grant requesting $7,232.88. Work would include the replacement of wood windows with aluminum-clad clad. 215 East St. has completed work and received their final check. The property owner had higher costs than they were originally expecting due to discovering rotting wood beams in the porch. They have come back requesting $1,137.50, which would bring their total to $5,555. Motion: Courtney moved to approve the PACE Applications as presented, including the amendment, seconded by Eaglin. All in favor, motion carried (3-0). PACE Final – Historic Preservationist Brenna Haley: 420 E 2nd St. was a rehabilitation grant. They did not receive a midpoint disbursement. They are requesting the full disbursement of $7,500. Work included the replacement of windows and painting. Motion: Courtney moved to approve the PACE Final, seconded by Eaglin. All in favor, motion carried (3-0). Unfinished Business: CEI Certificate of Substantial Completion Storage Tanks Rehabilitation Division B – Utilities Superintendent Brian Jackson: Tabled March 3, 2025. Remains Tabled. Mayor’s Comments: Thoughts and prayers go out to the families and communities who experienced loss due to severe weather. Public comment: None. Next meeting: Monday, April 7, 2025, at 11:30 AM. Adjourn: Eaglin moved to adjourn, seconded by Courtney. All in favor, motion carried (3-0). Attested: __________________________________ _____________________________________ Shirley Rynearson, Clerk-Treasurer Mayor Bob Courtney _____________________________________ __________________________________ Karl Eaglin David Carlow CITY 0F tvIADISON WATER AND SEWER DEPARTMENT Customer had leak from broken water line on billing for 3 months. Adjust billing for wastewater back to average usage. ( SEE ATTACHED DOCUIVENTATION ) ACCOUNT NAME: FLORA TAYLOR r DDR ESS 2933 KENTUCKY I la I hCCOUNT #: 16-63626-03 Hvd Penalty Penalty Penalty Daie Water Tax Sewer Sewer Trash Trash Total Biled= 11127124 0.00 0.00 0.00 0.00 29.51 0.00 0.00 0.00 29.5'l GalUsed 3,000 sHB = 2,000 0.00 0.00 0.00 0.00 21.38 o.oo 0.00 0.00 21.38 Reading Adjustment 0.00 0.00 0.00 0.00 8.13 0.00 0.00 0.00 8..t3 Birred= 12127t24 0.00 0.00 0.00 0.00 524.63 0.00 0.00 0.00 524.63 Ga Used 63,900 sHB = 2,000 0.00 0.00 0.00 0.00 21.38 0.00 0.00 0.00 21.38 Reading Adjustment 0.00 0.00 0.00 0.00 503.25 0.00 0.00 0.00 503.25 airred= 1t2at2s 0.00 0.00 0.00 0.00 2366.07 0.00 0.00 0.00 2366.07 calUsed 290,400 sHB = 2,000 0.00 0.00 0.00 0.00 21.38 0.00 0.00 0.00 21.38 Reading Adjustment 0.00 0.00 0.00 0.00 2344.69 0.00 0.00 0.00 2344.69 TOTALS = 0.00 0.00 0.00 0.00 2856.07 0.00 0.00 0.00 2856.07 Total Amount of Adiustment: -$2,856.07 SIGNED DATED: 3t25t2025 City of Madison Consumption History - Detailed Sort Order: Date Limitedto : AccountNo 166362603Location No .1663626 Location No. Customer No. Gustomer Name Location Address Revenue Glass Route Sreicc Bill Oalo Rat Coda Units ScrhlNo Meto.Si.e PrtorRead P.iorRead Curred Cureit Read /qctual Adiu*d Billed Charges Date Read DetG 1663626 '166362603 FLORA TAYLOR 2933 KENTUCKY Residential 't6 2t27 t2025 gal 3352905 5/E" 3,682.00 01/03/2025 3,684.00 0203t2025 200.00 0.00 200.00 12.63 Water 1t28t2025 gal 3362905 5/8" 778.00 12t02t2024 3.682.00 01 103t2025 290,400.00 0.00 290,400.00 851.69 Water 12127t2021 gal 3362905 5/8', 139.00 11t91t2021 778.OO 121O2t2021 63,900.00 0.00 63,900.00 208.43 Water 11t27 t2021 gal 3362905 5/8' 109.00 10t0112021 139.00 11 t01 t2024 0.00 3,000.00 12.63 10t2912024 gal 3362905 5/8" 100.00 09/03/2024 109.00 10t01t2021 0.00 900.00 12.63 Water 9t27 t2021 8t28t2021 gal gal 3362905 336290s 5/8' 5/8' 86.00 75.00 04n1/2024 100.oo 07to1t2021 E6.00 09to3t2024 08101 n024 -*H#^ 1,400.00 1,1 00.00 0.00 0.00 1,400.00 1,100.00 12.63 12.63 7 t29t2024 gal 3362905 5/E' 58.00 061O3n021 75.OO oT to'l12024 1,700.00 0.00 1,700.00 12.63 6t27 t2024 gal 3362905 5/8' 45.00 05/01/2024 58.00 06t03t2021 1,300.00 0.00 1,300.00 12.03 5t29t2024 gal 3362905 5/8" 36.00 04to1t2021 45.00 05t01 t2021 900.00 0.00 900.00 12.63 Water 1t25t2024 gal 3362905 5/6' 2E.00 03/01/2024 36.00 04to1t2024 't2.63 E00.00 0.00 800.00 Weter 3t27 t2021 gel 3362905 5/8', 't6.00 02t01t2024 2E.00 o3t01 t2024 1,000.00 0.00 't,000.00 12.63 Waler 2t28/2021 gal 85533551 5/8', 18,257.00 01t01n024 1A,259.O0 01 to8t2021 2,000.00 0.00 2,000.00 12.63 3362905 5/8', 0.00 01/08/2024 18.oo 02to1 t2021 Water t29t2024 gal E5533551 5/8" 18,250.00 12,11/2023 18.257.OO ffi 1 01 t04t2021 700.00 0.00 700.00 12.63 12t24t2023 gal E5533551 18,239.00 l1106/2023 'tE,250.00 12t11 12023 0.00 1,100.00 't2.53 11 t29t2023 gal 85533551 5/8" 18,230.00 10/03/2023 18.239.00 11 t06t2023 900.00 0.00 900.00 12.43 10127 t2023 gal 8553355'l 5/8', 18,227.00 09t11t20231E,230.00 101o312023 300.00 0.00 300.00 12.63 9/27 t2023 gal 85533551 5/8' 18,221.00 08107n023 1A,227.OO 09t11t2023 600.00 0.00 600.00 12.63 at29/2023 gal 5/8' 18,2't6.00 07111t2023 18,221.00 0ato7 t2023 500.00 0.00 500.00 12.63 Water 7 t27 t2023 9al 85533551 5/8' 18,205.00 06/06/2023 18,216.00 07t1lt2023 1,100.00 0.00 r,'t00.00 12.63 6t27 t2023 gal 85533551 18,200.00 05/11/2023 18,205.00 06/06/2023 500.00 0.00 500.00 12.63 5t30t2023 gal 85533551 5/8" 't8,'t90.00 04t04t2023 1E,200.00 05t11 12023 1,000.00 0.00 1,000.00 12.63 4t27 t2023 gal 85533551 18,183.00 03/02/2023 18,190.00 04to4t2023 700.00 0.00 700.00 12.63 3t24t2023 gal 85533551 5/8- 1E,17E.00 0206/2023 '1E,tE3.00 03t02t2023 500.00 0.00 500.00 12.63 2/2at2023 gal 85533551 5/8', 18,171.00 01t05t2023 18,17E.00 o2106t2023 700.00 0.00 700.00 12.63 1 t27 t2023 gal 8553355'l 5/8', 18,165.00 1ZOA|2022 1A,171.00 01 105t2023 600.00 0.00 600.00 12.63 12t29nO22 gal 85533551 5/6' 't8,159.00 1110712022 18,165.00 12t08t2022 600.00 0.00 600.00 12.63 1',v30t2022 gal 85533s51 5/8' 18,154.00 1010112022 18,159.OO 11t07t2022. 500.00 0.00 500.00 12.63 10t27 t2022 gal 85533551 5/8' 18,147.00 09tO1t2022 18,151.00 10to412022 700.00 0.00 700.00 't2.63 9t28t2022 gal 8553355 1 5/8' 18,1,10.00 0810212022 18,147.0O ogto1 t2022 700.00 0.00 700.00 12.63 Water 8t29/2022 gal 8553355 1 5/8' 18,131.00 01t06t2022 1E,140.00 08t02t2022 900.00 0.00 900.00 9.56 7 t27 /2022 gal 85533551 18,121.00 06t03t2022 1E,131.00 07to6t2022 1,000.00 0.00 1,000.00 7.11 4t28t2022 gal 85533551 5/8' 18,112.00 05tO512022 1E,121.00 06t03t2022 900.00 0.00 900.00 7.11 5127 t2022 gal 5/8" 18,106.00 04111t2022 18,112.OO 05t0st2022 600.00 0.00 600.00 7.11 Water 4t27 t2022 gal 85533551 5/8', 18,096.00 03t10t2022 18,106.00 o4t11 t2022 1,000.00 0.oo 1,000.00 7.11 Water 3t29t2022 9al 85533551 5/8', 18,086.00 02t10t2022 14,094.00 03t10t2022 '1,000.00 0.00 1,000.00 7.11 Service Units Rate Code Actual Adjusted Billed Charges Water gal 1 385,700.00 0.00 385,700.00 '1,458.87 TotalWater - gal 385,700.00 0.00 385,700.00 1,458.87 3h42025 3:24:43PM Consumption History - Detailed Page 1 of I A1 u\ayz- t YT i nt Y'/- (a'rt h', / (, (ustorner: Current # 166362603 OE Balance: $653.68 Loration: 1663628 o$E Cycle: Rorte: Hilhop 16-16 FLORAJ TAYLOR Sfinfr0ff: fll.0CI 2933I(ENTUCKY Oase: Residential 2933KENTUCI(Y MAD|S0N. tN 47?50 MAD|S0N. rN 47250 Last billed: 1a/47/?0?{ $653.68 Desc: Duedate: 'l/24/4025 Parcel No.: Sm Last pmnt: 7/25/2024 $2,0$.00 0v*ner: FLORATA!tOR Cudomer Contacts Locdion Notes History UsaEe Service Srders Anangements Special Condftions Aud'fi \fierv: Transadion Hi*ory o Tran. Date Tran. Type Posted Hefererrce Reason Arnswfi Balanoe 't3xl?#m4 0eenAmdiod Yes ApeliedCredik $s.00 $653.Sfl la?IP0Bt Charse lts $751.51 $6fi1.68 1}21'A]24 OpenApplied Yes Applied Credits $0.$ t$97.83) 11ffiIm?4 Chwss Yes s{6.88 (t97.s3) 1CIl8r2024 Open,Applied Yes Applied Credits s).00 t$144.71) 'l0EgnCIEl Ctlwse Y€s s18.75 ($14{.71) 9/27,,?024 0pen Applied YEs Applie.d Credits fl).00 {$183 461 9E7XAffi4 Charse Yes s38.75 ($18:1.+S1 812&202,1 Qpen A,pplied Yes Applied Credits $0.{x} t$222.2U SEBIE(}24 CtwEe Yes s38.75 {$222.2U 7,,298024 OpenApplied Yes Applied Credits $0.00 {$260.SS1 7trEX20?l €harse Y€* $38.75 ($60.s6) 7,,26,,2S24 Palrynent Yes CBstr {$aoo.oo) ($ase.71) 6E7lm4 gparApdid Yes Apflied Credits fll.m t$9:t.ll1 8212024 CturEe Yes $38.75 ($99.71) 5rJ9trm4 OpemAp$ied Yes Asdied Credits s0.ffi {$138.+e1 5?$'?024 Chargrc Yes $38.75 ($138 /tG) 4E$,?0?,f Opem AndieU Yes AsdiedCrgdik s0.00 ($1n.21) 4,2912024 C.tlarge Yes $38.75 ($1r/21) Print Print $taternent Ernail Staternent Print $tetement Dr.rplicate For Contacts fi,,o Add - Ms\re . Misc Fee Trrnsfer Balsfi{p W ,{$$ lr!{- /pau "/ glpwh ua&/Y % ,4 A,^-t 166 sb26 ct3 Aq 1Z /n-"A*, Ar-,7rtae1A-r* -/**a T rzcL L urzZ<-t uUqr/lZ- d-LeLc*- t, Z ,Z' /1rr4- I oua-4 m( &Ttc) t dqq 5t? 9/A lst tv, REGGIE'S MaINTENANcE 812-599-4518 DATE O-,,l Itlz<- ACCT# NAME ADDRESS t4 th fr.l, QUANIIIY OTSCRIPTION PRICT AATOUNI t7' i *he lzffirtnA r,r6-( 1t hot I nra YT\I ls A / lJt kt)p 11 a J,tn0 rtcavtD 8Y arr crarMs ar{o Gooos Musr 6€ AccoMPAnED !Y rnls ![r- A c,.d'r r.ryr. .h.re. .qoal ro ! h* !.r honth. ,lth .n .q!r.l.nr ..nu.l ,.r...t.e. l Stt D.V b..s...t.d on.6r un p.'d b.l.n.. ov{ 25 rr.yr old .lphcd ro .u.h oy., du. b.r.m..rrd .ll r.vmnt. .id.r.d '4. ol t h.s b... d.du...d du',.r tn. .or. l,.c p..Dd To .vo'd. .r.dh r.rv'c. .h.rg., .o.ro . mor. D.y .11...@nrr wnh'n 25 d.y. kom Dnnr{ d . UTILITY MANAGER BPW REPORT: April 7, 2025 Water Project – SRF Disbursement Requests & Cert. of Substantial Completion 1. SRF Request No. 3SRFINT – Commonwealth Engineers - One Invoice dated 02/28/2025. a. Invoice 62429 in the amount of $171.50 for American Iron and Steel Compliance Fees b. Total Amount of Invoice = $171.50 – Amount of SRF Disbursement No. 3SRFINT = $172.00 2. SRF Request No. 4SRFINT - Dave O’Mara Contracting Water Treatment Plants {Division “A”} - Request No. 22 Dated 02/25/2025 for final retainage release. - Total Retainage Release Amount in Pay App 22 = $45,920 - Amount of SRF Disbursement 2SRFINT = 45,920; Retainage Amt. remaining = $0.00 3. SRF Request No. 5SRFINT – MW Cole Construction Water Tanks & Towers {Division “B”} - Request No. 13 Dated 03/14/2025. - Total Amount of Invoice = $89,450.00 - Total Retainage Amount in Pay App 13 = $4,473.00 - Amount for Pay App 13/SRF Disbursement 5SRFINT = $84,798.00 4. Water Project – Division “B” – MW Cole Contracting - Certificate of Substantial Completion - Dated April 14, 2025 - Still have approximately 24K remaining unbilled plus their retainage 20)*+,+2%*0-,./*%#*+%02-1$00*+-# 2345678 9:;<8=>8?@A:B=48 CDEFGHIJKGLMFNOJPLQR8 8 S4T:455678 9=UU=435@V;W8S4T:4556BX8Y4Z[8 \E]^EFFGHIJKGLMFNOJPLQR8 _`a`bc8 9=4;6@Z;=678 ?_89=V589=4B;6dZ;:=4X8ee98 fLEOGgNOLGHIJKGLMFNOJPLQR8 8 h6=i5Z;78 _@;568j;:V:;<8YUk6=l5U54;B8 9=4;6@Z;8m@U578 n^o^I^LEJpqrJs8t;=6@T58u@4vB8w5W@x:V:;@;:=48 8 uW:B8y8h65V:U:4@6<8z8{:4@V8956;:>:Z@;58=>8tdxB;@4;:@V89=UkV5;:=48@kkV:5B8;=78 z8|VV8_=6v8y8uW58>=VV=3:4T8Bk5Z:>:5A8k=6;:=4B8=>8;W58_=6v78 888888 }@;58=>8tdxB;@4;:@V89=UkV5;:=478|k6:V8̀~;WX8bcb8 uW58_=6v8;=83W:ZW8;W:B8956;:>:Z@;58@kkV:5B8W@B8x5548:4Bk5Z;5A8x<8@d;W=6:€5A865k65B54;@;:l5B8=>823456X8 9=4;6@Z;=6X8@4A8S4T:4556X8@4A8>=d4A8;=8x58tdxB;@4;:@VV<89=UkV5;5[8uW58}@;58=>8tdxB;@4;:@V89=UkV5;:=48=>8 ;W58_=6v8A5B:T4@;5A8@x=l58:B8W565x<85B;@xV:BW5AX8Bdxi5Z;8;=8;W58k6=l:B:=4B8=>8;W589=4;6@Z;8k56;@:4:4T8;=8 tdxB;@4;:@V89=UkV5;:=4[8uW58A@;58=>8tdxB;@4;:@V89=UkV5;:=48:48;W58>:4@V8956;:>:Z@;58=>8tdxB;@4;:@V8 9=UkV5;:=48U@6vB8;W58Z=UU54Z5U54;8=>8;W58Z=4;6@Z;d@V8Z=665Z;:=48k56:=A8@4A8@kkV:Z@xV583@66@4;:5B8 65d:65A8x<8;W589=4;6@Z;[8 |8kd4ZW8V:B;8=>8:;5UB8;=8x58Z=UkV5;5A8=68Z=665Z;5A8:B8@;;@ZW5A8;=8;W:B8956;:>:Z@;5[8uW:B8V:B;8U@<84=;8x58@VV‚ :4ZVdB:l5X8@4A8;W58>@:Vd658;=8:4ZVdA58@4<8:;5UB8=48BdZW8V:B;8A=5B84=;8@V;568;W5865Bk=4B:x:V:;<8=>8;W589=4;6@Z;=68 ;=8Z=UkV5;58@VV8_=6v8:48@ZZ=6A@4Z583:;W8;W589=4;6@Z;8}=ZdU54;B[8 |U54AU54;B8=>8Z=4;6@Z;d@V865Bk=4B:x:V:;:5B865Z=6A5A8:48;W:B8956;:>:Z@;58BW=dVA8x58;W58k6=AdZ;8=>8Ud;d@V8 @T655U54;8=>8234568@4A89=4;6@Z;=6ƒ8B558h@6@T6@kW8̀[c„[}8=>8;W585456@V89=4A:;:=4B[8 uW5865Bk=4B:x:V:;:5B8x5;35548234568@4A89=4;6@Z;=68>=68B5Zd6:;<X8=k56@;:=4X8B@>5;<X8U@:4;54@4Z5X8W5@;X8 d;:V:;:5BX8:4Bd6@4Z5X8@4A83@66@4;:5B8dk=4823456†B8dB58=68=ZZdk@4Z<8=>8;W58_=6v8UdB;8x58@B8k6=l:A5A8:48 ;W589=4;6@Z;X85‡Z5k;8@B8@U54A5A8@B8>=VV=3B78 ˆ‰FEЉFEOIJOLJCDEFGHIJ‹FIŒLEI^^Ž^O^FIR8z8m=458y8|B8>=VV=3B78 88888 ˆ‰FEЉFEOIJOLJfLEOGgNOLGHIJ‹FIŒLEI^^Ž^O^FIR8y8m=458z8|B8>=VV=3B78  $ &+ ‘882458<5@683@66@4;<8:4Bk5Z;:=48;=8x58Z=UkV5;5A8=48?@6ZW8̀’;WX8bcb’[8 ‘‘892muw|9u2w8BW@VV8U@:4;@:48:4Bd6@4Z58Z=l56@T58;W6=dTW8;W58„c‚A@<8k56:=A8d4;:V8{Ym|e8Z=UkV5;:=48;=8 gŽŽLDJO“FJC”P\‹JOLJFIOgŽ^I“JO“F^GJNLoFGg]FHIJgEŠJŒLŽ^N^FIQ8  uW58>=VV=3:4T8A=ZdU54;B8@658@;;@ZW5A8;=8@4A8U@A58@8k@6;8=>8;W:B8956;:>:Z@;57888 hd4ZW8e:B;X8w5d5B;8>=68tdxB;@4;:@V89=UkV5;:=48e5;;56 012324267892  2  28!"#$0 % 20 2 &% 2'0 % '& 268( 012456765895956587 286 91198]32 11782^10d089127d c 19 1096873_62107 d7^ 3907 b\912^10601l03_^7232 1 0[cb17^9 219 m ^2]9c06019107 b 87337 \2961]2 022^ X08[_^7`2817[\aVaSTbc _ 8]601 3\876287 1^ 8107 668 defghigjSkXSTSZ 01235 6789107 0 2 191 9 0 296 2 ]noopqrgqhstpqgiue1isvw   !"#$%&'$$()*+(),( -.'/,$ 012333433 5 67 (8)/'%$ -.'/,$ 02513433 9 67 "(7!27!27+(:.('(' -.'/,$ 0;2333433 ; <'4 ='+.8+,>7?.'@(#$% -.'/,$ 02133433 1 <'4 @(#$%&'! -.'/,$ 02133433 A <'45 ='+.8B,CD(.EF'%/DG -.'/,$ 02133433 H <'45 ),(I),$.C+$"+! -.'/,$ 052333433 ]noopqrqgpx2oeyipet1isv J 67 (8)/'%$ -.'/,$ 02513433 K 67 "(7!27!27+(:.('(' -.'/,$ 0;2333433 3 67 *+,/)/'%7:('/6 -.'/,$ 02;KH4A5  )( @(#$%L!88(7 -.'/,$ 02133433 5 )( @(#$%='+.8+, -.'/,$ 02333433 ]noopqrqhpx2oeyipet1isv 9 67 (8)/'%$ -.'/,$ 02513433 ; 67 @(#$%<7'F=7 -.'/,$ 02333433 1 67 "(7!27!27+(:.('(' -.'/,$ 0;2333433 ^WS2oeyipet1isv A 67 (8)/'%$ -.'/,$ 0H13433 H 67 "(7!27!27+(:.('(' -.'/,$ 0;2333433 J 67 !&+$%(@/!77<7'F),(7 -.'/,$ 0;2333433 K L!ML77( C(!N (:('/,$7'F7F.''$77(4 -.'/,$ 0133433 53 )( @(#$%&'! -.'/,$ 02333433 ]noownte0sb gqhstpqgiue1isv 5 67 (8)/'%$ -.'/,$ 02513433 55 67 "(7!27!27+(:.('(' -.'/,$ 0;2133433 8qzroepe_gq{e|p 59 6+F/ >/(..-('76$@'.+/' -.'/,$ O+$$)! 5; O$%(':L -.'/,$ O+$$)! 51 PQCC+$E&8'7.=('.'G -.'/,$ O+$$)! 5A =('%7&'/,$6':).'(7@(!E@6M33G -.'/,$ O+$$)! 6BP>L O+$$)! 17196RSTTU VWXYVZ[SY =!': I NDI ANA DE P ART ME NT O F E NV I RONME NT AL MANA G E ME NT Southeast Regional Office 820 Sweet Street • Brownstown, IN 47220-9557 (877) 271-0074 • (812) 358-2027 • Fax (812) 358-2058 • www.idem.IN.gov Mike Braun Clint Woods Governor Commissioner March 13, 2025 VIA E-MAIL Chris Hale City of Madison Transfer Station 611 Ivy Tech Drive Madison, Indiana 47250 chale@madison-in.gov Dear Mr. Hale: Re: Inspection Summary Letter City of Madison Transfer Station SW ID: 39-03 Madison, Jefferson County On March 12, 2025, a representative of the Indiana Department of Environmental Management, Office of Land Quality, conducted an inspection of the above-referenced City of Madison Transfer Station, located at 611 Ivy Tech Drive, Madison, Indiana. This inspection was conducted pursuant to IC 13-14-2-2. For your information, and in accordance with IC 13-14-5, a summary of the inspection is provided below: Type of Inspection: Routine Results of Inspection: No violations were observed (see attached inspection report). Please direct any questions regarding this letter or the accompanying inspection report to Chad Pittman at cpittman@idem.IN.gov or 812-216-2107. Sincerely, Mark A. Amick, Director Southeast Regional Office MAA/cap Enclosure: Inspection report cc: Secretary, City of Madison Street Department (streetsec@madison-in.gov) Jefferson County Health Department (mike.new@jeffersoncounty.in.gov) Christy Duvall, Southeastern Indiana Recycling District (christy@seird.org) Juliana Fracetti, IDEM Solid Waste Permits (jfracett@idem.in.gov) Visit on.IN.gov/survey or scan the QR code to provide feedback. We appreciate your input! Solid Waste Processing Facility and Inspector Name: Chad Pittman Transfer Station Inspection Report Inspector Phone: 812-216-2107 State Form 48276 (R2/10/10) Inspection Date: March 12, 2025 Indiana Department of Environmental Management Solid Waste Compliance Section Time In: 8:45 AM Office of Land Quality 100 North Senate Avenue, Room N-1101 Time Out: 9:45 AM Indianapolis, Indiana 46204-2251 Facility Name: City of Madison Transfer Station Type of Inspection: Routine County: Jefferson Permit #: 39-03 Permit Expires: October 26, 2026 Last inspection date (month, day, year): Violation at last inspection: no violations October 28, 2024 CHECKED ITEMS ARE VIOLATIONS OF 329 IAC 11 OR IC 13-20 THAT MUST BE CORRECTED ☐ 224 329 IAC 11-9-2/11-9-6 ☐ 240 329 IAC 11-13.5-9(a)(2) ☐ 256 329 IAC 11-13.5-14(a)(2) Permit Deviation/Modification Residue Test Results Wash Down 329 IAC 11-13.5-2 329 IAC 11-13.5-9(b) 329 IAC 11-13.5-14(a)(3) ☐ 225 Access Control ☐ 242 Records Maintenance ☐ 257 Overnight Storage of Waste 329 IAC 11-13.5-3 329 IAC 11-13.5-8 329 IAC 11-13.5-15 ☐ 226 On-Site Roads ☐ 243 Use of Contingency Plan ☐ 258 Hazardous, Infectious Waste ☐ 227 329 IAC 11-13.5-4 ☐ 244 329 IAC 11-15-4(a) ☐ 259 329 IAC 11-13.5-14(b)(1) Signs Manifest Preparation/Delivery Safety Devices ☐ 228 329 IAC 11-13.5-6(a) ☐ 245 329 IAC 11-15-4(b) ☐ 260 329 IAC 11-13.5-14(b)(2) Facility Requirements Retaining Manifests Recycling Storage 329 IAC 11-13.5-6(b) 329 IAC 11-15-5(a) 329 IAC 11-13.5-14(b)(3) ☐ 229 Solid Waste ☐ 246 Receipt & Review of Manifest ☐ 261 Holding Tank Confined/Cleanliness Copy 329 IAC 11-13.5-6(c) 329 IAC 11-15-5(b) 329 IAC 11-13.5-14(b)(4) ☐ 230 Storage ☐ 247 Acceptance from Transfer ☐ 262 On-Site/Up-To-Date Plans Station ☐ 231 329 IAC 11-13.5-6(d) ☐ 248 329 IAC 11-9-1 ☐ 263 329 IAC 11-13.5-15(1) Residues Permits Required Infectious Waste Storage 329 IAC 11-13.5-6(e) 329 IAC 11-13.5-13 329 IAC 11-13.5-15(2) ☐ 232 ☐ 249 Monitoring of Municipal ☐ 264 Infectious Waste Storage & Salvaging Incoming Waste Containment 329 IAC 11-13.5-15(3) ☐ 233 329 IAC 11-13.5-6(f) ☐ 250 329 IAC 11-13.5-13(e) ☐ 265 Infectious Waste Packaging & Salvage Storage Random Inspections Labeling ☐ 234 329 IAC 11-13.5-7(a) ☐ 251 329 IAC 11-13.5-13(f) ☐ 266 329 IAC 11-13.5-15(4) Vectors, Dust, Odors, Noise Overview of Inspections Infectious Waste Containers 329 IAC 11-13.5-7(b) 329 IAC 11-13.5-17(a) 329 IAC 11-13.5-15(5) ☐ 235 Fire Equipment/Open Burning ☐ 252 Records On-Site ☐ 267 Infectious Waste Label/Packaged According to DOT 329 IAC 11-13.5-7(c) 329 IAC 11-13.5-17(b) 329 IAC 11-13.5-15(6) ☐ 236 Communication System ☐ 253 Annual Report ☐ 268 Infectious Waste Delivery to Permitted Facility 329 IAC 11-13.5-7(d) 329 IAC 11-13.5-10 329 IAC 11-13.5-15(7) ☐ 237 ☐ 254 ☐ 269 Infectious Waste Reusable First Aid Kit Training Container Decontamination 329 IAC 11-13.5-7(e) 329 IAC 11-13.5-14(a)(1) 329 IAC 11-13.5-7(f) ☐ 238 Scavenging ☐ 255 Standing Water ☐ 270 Written Emergency Response Plan 329 IAC 11-13.5-9(a)(1) 329 IAC 11-13.5-7(g) ☐ 239 Manifests, Quarterly Reports, ☐ 271 Spill Prevention Kit SW Reports Comments: On Wednesday, March 12, 2025, Solid Waste Compliance Inspector Chad Pittman, a representative of the Indiana Department of Environmental Management, Office of Land Quality, conducted a routine compliance inspection of the City of Madison Transfer Station (SW ID 39-03 / AI 46605) located at 611 Ivy Tech Drive, Madison, Indiana 47250. The previous inspection of the City of Madison Transfer Station was conducted October 28, 2024. The City of Madison Transfer Station operating permit 39-03 is valid through October 26, 2026. To operate past this date, a renewal application must be submitted on or before June 28, 2026. This inspection was conducted pursuant to IC 13-14-2-2. For your information, and in accordance with IC 13-14-5, a summary of the inspection is provided below. The inspector met on site with the transfer station employees and informed them a routine compliance inspection of the transfer station was being conducted. Waste was being received at the time of the inspection. No windblown litter was observed at the time of the inspection. Municipal solid waste (MSW) was being contained within the specified boundaries of the processing faclity at the time of the inspection. No standing water was observed in the area below the tipping floor where the compactor units are located. On-site lift stations appeared to be functioning as designed. Emergency spill kits and fire extinguishers are in place as required. Continuous monitoring of incoming MSW continues to be conducted by transfer station employees to determine acceptability of each load. Prohibited waste is rejected, and not allowed to unload at the transfer station. When appropriate, transfer station personnel direct unacceptable waste streams to Southeastern Indiana Recycling District (SEIRD) for potential recycling opportunities and/or proper disposal of unacceptable waste. The City of Madison Transfer Station’s waste rejection log, storm water pollution prevention plan, monthly inspection reports, and leachate management log were reviewed at the time of the March 12, 2025, inspection. The required records are being maintained and up to date as required. There were no violations observed during the March 12, 2025, routine compliance inspection. Good housekeeping, and operational practices continue to be conducted by transfer station employees. At the conclusion of the solid waste compliance inspection, the City of Madison Transfer Station located at 611 Ivy Tech Drive, Madison, Indiana remains in compliance with their Solid Waste Processing Facility Operating Permit 39-03, IC 13-30 and 329 IAC 11. Please direct any questions regarding this inspection report to Chad Pittman at 812-216-2107 or cpittman@idem.in.gov. Confidential Information In accordance with 329 IAC 6.1 (http://www.in.gov/legislative/iac/T03290/A00061.PDF) a person submitting information to the department for which confidential treatment is requested shall make a written claim of confidentiality at the time of submittal of the information. A person may request confidential treatment of information at the time the information is acquired through the actions of the department, such as inspections. The written claim for confidential treatment may be broad, but must be sufficiently clear to allow for accurate identification of the information claimed to be confidential. In accordance with 329 IAC 6.1-4-1(d), supporting information must be submitted to the commissioner within five (5) working days from the time the information claimed as confidential is acquired by the department. A person submitting a claim of confidentiality shall designate and segregate the information and the supporting information to which the claim applies in a manner that is sufficiently clear to allow the department to identify all confidential claim materials. Confidential information may include (but is not limited to) written or printed material, maps, charts, photographs, or samples (see definition of information at 329 IAC 6.1-2-8). The undersigned Owner/Representative has alleged information acquired during this inspection does does not (check one) contain confidential information. A check in the “does” box is not a written claim for confidential treatment of information acquired during this inspection. Notice of Oral Report In accordance with IC 13-14-5 an oral report of the inspection was provided to the undersigned Owner/Agent at the conclusion of the inspection. The oral report includes any specific matters discovered during the inspection that the IDEM representative believes may be a violation of a law or of a permit issued by the department. The report does not include matters not evident to the IDEM representative or any fact that indicates an intentional, a knowing, or a reckless violation. Received by: E-mail Address: Chris Hale, City of Madison chale@madison-in.gov Secretary, City of Madison Street Department streetsec@madison-in.gov Jefferson County Health Department mike.new@jeffersoncounty.in.gov Christy Duvall, Southeastern Indiana Recycling District christy@seird.org Juliana Fracetti, IDEM Solid Waste Permits jfracett@idem.in.gov Date Emailed by Inspector: March 13, 2025 ☐ Needs Mailed ZAMBELLI FIREWORKS MANUFACTURING CO. THIS CONTRACT AND AGREEMENT (this “Contract”) is made effective as of this 1st day of April 2025, by and between: Zambelli Fireworks Manufacturing Co. of Cranberry Township, Pennsylvania (hereinafter referred to as “Zambelli”), -AND- THE CITY OF MADISON, INDIANA (hereinafter referred to as “Client”). WHEREAS, Zambelli is in the business of designing and performing exhibitions and displays of fireworks; and WHEREAS, Client desires that Zambelli provide an exhibition and display of fireworks for Client’s benefit pursuant to the terms and conditions hereof, and Zambelli desires to perform an exhibition and display of fireworks for Client’s benefit pursuant to the terms and conditions hereof. NOW, THEREFORE, in consideration of the mutual agreements herein contained: Zambelli, intending to be legally bound, agrees as follows: 1. Zambelli agrees to sell, furnish and deliver to Client a fireworks display [per the program submitted by Zambelli to Client, accepted by Client and made a part hereof] (hereinafter referred to as the “Display”) to be exhibited on the display date set forth below (hereinafter referred to as the “Display Date”), or on the postponement date set forth below (hereinafter referred to as the “Postponement Date”) if the display is postponed as provided herein, which Display Date and Postponement Date have been agreed upon at the time of the signing of this contract. Display Date: JULY 5, 2025 Postponement Date: JULY 6, 2025 2. Zambelli agrees to furnish the services of display technicians (hereinafter referred to as “Display Technicians”) who are sufficiently trained to present the Display. Zambelli shall determine in its sole discretion the number of Display Technicians necessary to take charge of and safely present the Display. 3. Zambelli agrees to furnish insurance coverage in connection with the Display for bodily injury and property damage, including products liability, which insurance shall include Client as additional insured regarding claims made against Client for bodily injury or property damage arising from the operations of Zambelli in performing the Display provided for in this Contract. All those entities / individuals appearing as an additional insured shall be deemed an additional insured per this contract. Such insurance afforded by Zambelli shall not include claims made against Client for bodily injury or property damage arising from failure of Client, including through or by its employees, agents and independent contractors, to perform its obligations under this Contract, including without limitation those set forth in paragraphs 5 and 5 below. Client shall indemnify and hold Zambelli harmless from all claims and suits made against Zambelli for bodily injury or property damage arising from failure of Client, including through or by its employees, agents and independent contractors, to perform its obligations under this Contract, including without limitation those set forth in paragraphs 5 and 6 below. Client, intending to be legally bound, agrees as follows: 4. Client agrees to pay Zambelli the sum of $30,000.00 (hereinafter referred to as the “Purchase Price”), fifty percent (50%) of which is due upon signing this Contract and the balance of which is due at noon three (3) days prior to the Display Date. All credit card payments will be subject to a 3.9% surcharge. Zambelli reserves the right to add to Client’s invoice an equitable transportation surcharge in the event of any material increase in transportation costs (including the cost of fuel and third party shipping costs) to Zambelli after the date of this Contract. In addition, Client agrees to pay a postponement fee of fifteen percent (15%) of the Purchase Price plus Additional Third Party Charges (as defined in paragraph 11 below) if the Display is fired on the Postponement Date, or twenty-five percent (25%) of the Purchase Price plus Additional Third Party Charges if the Display is fired on a date other than the Display Date or the Postponement Date (“Alternate Date”). The Alternate Date must occur within six months of the original Display Date at a time agreeable to both Zambelli and the Client. Generally, Alternate Dates will not include the period from June 28th through July 7th. Checks shall be made payable to Zambelli Fireworks Manufacturing Co., unless otherwise authorized in writing by Zambelli. NO CASH shall be paid to any agent or employee of Zambelli, unless otherwise authorized in writing by Zambelli. There shall be no refund of the Purchase Price due and payable under this paragraph 4, except as specifically provided in paragraph 11 below. 5. Client agrees to meet all deadlines including but not limited to the following: (a) Client must select a suitable place for the Display, including a firing and debris zone reasonably acceptable to Zambelli (hereinafter referred to as the “Display Area”) and submit such selection to Zambelli no later than sixty (60) days prior to the Display Date. The Display Area shall adhere to or exceed applicable National Fire Protection Association (“NFPA”) standards including the Zambelli guideline that the Display Area have a radius of at least 100 feet per inch (or as mutually agreed to between Zambelli and Client) of the largest diameter pyrotechnic from the firing site in all directions to any parking area, spectators, inhabited buildings, public roads, or active railroad. Client shall submit a site map (attached hereto as Exhibit A) to Zambelli accurately representing the physical characteristics of the Display Area as pertains to NFPA and Zambelli guidelines. The content of the Display may be limited by the selection of the Display Area due to the requirement to provide sufficient safety zones. (b) Client must return the signed contract to Zambelli by May 1, 2025 for any display scheduled from July 1 through July 7, 2025. This is necessary to ensure Zambelli can secure all permits and insurance for the display. If a client is unable to return the signed contract by the May 1st date, Client must contact Zambelli to discuss options that may be available. 6. Zambelli will secure all permits necessary for the Display as required, including but not limited to police, local, state permits and arrange for any security bonds or insurance as required by law. In addition, Zambelli will notify and obtain permission from the FAA and United States Coast Guard, when necessary. Client will assist Zambelli when appropriate in completing permit applications. 7. If the Display is choreographed to music, the final selection of the music must be submitted to Zambelli by Client no later than ninety (90) days prior to the Display Date. 8. If, in its sole discretion, Client designates an area for members of the public to view the Display (hereinafter referred to as the “Spectator Area”) or an area for vehicular parking (hereinafter referred to as the “Parking Area”), Client shall (a) ensure that the Spectator Area does not infringe on the Display Area, (b) have sole responsibility for ensuring that the terrain of the Spectator Area and any structures thereon, including but not limited to grandstands and bleachers are safe for use by spectators, (c) have sole responsibility for ensuring that the Parking Area is safe for use, (d) have sole responsibility to police, monitor and appropriately control spectator access to the Spectator Area and the Parking Area and police, monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that Zambelli shall not inspect any area other than the Display Area, except to ensure that any Spectator or Parking Areas are outside the Display Area. 9. Prior to, during, and immediately following the Display, Client shall monitor the Display Area and will be solely responsible to keep all persons and property not authorized by Zambelli out of the Display Area and behind safety zone lines and limits. 10. Following the Display, Client shall be solely responsible for policing of the Display Area and for cleanup except as specifically provided in the sentence immediately following. Zambelli shall be responsible for the removal of unexploded fireworks and the cleanup of material debris, the removal of frames, sets and lumber from the Discharge Area, and the refilling of holes created by Zambelli or on behalf of Zambelli within the Discharge Area. 11. Client will include a direct reference to “Zambelli Fireworks” in all promotional material, including but not limited to event schedules; radio, television, newspaper and internet announcements; newspaper articles; and other media. The parties, intending to be legally bound, mutually agree as follows: 12. It is agreed and understood by the parties hereto that should inclement weather prevent firing of the Display on the Display Date, as determined by the Authority Having Jurisdiction (as defined in paragraph 14 below) or as reasonably determined by Zambelli, then the program shall be postponed and fired on the Postponement Date. If there is no Postponement Date and the Display is not fired on the Display Date, or if inclement weather Revised 2-12-18 M:\Word\Contracts -2 - prevents firing of the Display on the Postponement Date, as determined by the Authority Having Jurisdiction or as reasonably determined by Zambelli, the Display will be cancelled and There will be no refund of the Deposit or fifty percent (50%) of the Purchase Price, whichever is greater. 13. Client’s cancellation of the Display will only be effective upon receipt by Zambelli of a written notice from an authorized person representing Client. In the event of cancellation of the Display, the parties agree as follows: (a) If Client cancels the Display more than sixty-one (61) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to ten percent (10%) of the Purchase Price plus Additional Third Party Charges, as defined below. (b) If Client cancels the Display from thirty-one (31) to sixty (60) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to twenty percent (20%) of the Purchase Price plus Additional Third Party Charges, as defined below. (c) If Client cancels the Display from five (5) to thirty (30) days prior to the Display Date, Client agrees to pay Zambelli a cancellation fee equal to thirty percent (30%) of the Purchase Price plus Additional Third Party Charges, as defined below. (d) If Client cancels the Display less than five (5) days prior to the day of the Display, Client agrees to pay Zambelli a cancellation fee equal to fifty percent (50%) of the Purchase Price plus Additional Third Party Charges, as defined below. (e) “Additional Third Party Charges” shall mean all costs and expenses incurred by Zambelli and paid or payable to third parties in connection with the Display, including but not limited to security fees, permits and licensing fees and expenses, barge and tow expenses, and firewatch fees. 14. Zambelli reserves the exclusive right to make minor modifications and substitutions to the Display, provided that such changes are reasonable and necessary and do not materially, adversely affect price, time of delivery, functional character or performance of the Display. 15. It shall be within Zambelli’s and/or the Authority Having Jurisdiction’s discretion to terminate the firing of the Display if any unsafe or unsuitable condition is identified. If such condition is not corrected, Zambelli may cancel the Display without further liability to Client for such cancellation. 16. The parties agree to cooperate with the regulatory authorities having jurisdiction over the Display, including, but not limited to local fire and police departments, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Department of Transportation, the Department of Homeland Security, and the USCG (any such authority having jurisdiction over the Display is sometimes referred to herein as, the “Authority Having Jurisdiction”). The parties acknowledge that such governmental regulatory authorities having jurisdiction over the Display have the right to prohibit the Display until unsafe or unsuitable conditions are corrected. 17. This contract shall be deemed made in the Commonwealth of Pennsylvania and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflict of law rules. The parties agree and consent to the jurisdiction of the courts of the Commonwealth of Pennsylvania and the Federal District Court for the Western District of Pennsylvania to decide all disputes regarding this Contract. 18. If Client becomes bankrupt or insolvent, or if a petition in bankruptcy is filed by or against Client or if a receiver is appointed for Client, Zambelli may refuse to perform under this Contract and may terminate this Contract without prejudice to the rights of Zambelli. If Client’s financial condition becomes unsatisfactory to Zambelli, Zambelli may require that Client deposit the balance of the Purchase Price in escrow or provide sufficient proof of its ability to pay the balance of the Purchase Price. 19. Except to the extent, if any, specifically provided to the contrary herein, in no event shall Zambelli be liable to Client for any indirect, special, consequential, incidental or punitive damages or lost profits, however caused and on any theory of liability (including negligence of any kind, strict liability or tort) arising in any way out of this contract, whether or not Zambelli has been advised of the possibility of damages. 20. If Client fails to pay the monies due under this Contract, Zambelli is entitled to recover the balance due plus interest at one and one-half percent (1 ½ %) per month on amounts past due sixty (60) days or more. Further, Revised 2-12-18 M:\Word\Contracts -3 - on balances outstanding one hundred twenty (120) days or more, Zambelli is entitled to recover the balance due, plus accrued interest, plus attorneys fees of ten percent (10%) of the amount past due, plus court costs, or, if less, the maximum amount permitted by law. 21. This Contract shall not be construed to create a partnership or joint venture between the parties or persons mentioned herein. 22. Each party hereunder shall be excused for the period of delay in the performance of any of its obligations hereunder and shall not be liable for failure to perform or considered in default hereunder, when prevented from so performing by a cause or causes beyond its reasonable control, including but not limited to fire, storm, earthquake, flood, drought, accident, explosion, operation malfunction, or interruption, strikes, lockouts, labor disputes, riots, war (whether or not declared or whether or not the United States is a member), Federal, state, municipal or other governmental legal restriction or limitation or compliance therewith, failure or delay of transportation, shortage of, or inability to obtain materials, supplies, equipment, fuel, power, labor or other operational necessity, interruption or curtailment of power supply, or act of God, nature or public enemy. 23. This Contract constitutes the sole and entire understanding of the parties with respect to the matters contemplated hereby and supersedes and renders null and void all prior negotiations, representations, agreements and understandings (oral and written) between the parties with respect to such matters. No change or amendment may be made to this Contract except by an instrument in writing signed by each of the parties. 24. Notices, consents, requests or other communications required or permitted to be given by either party pursuant to this Contract shall be given in writing by first class mail, postage prepaid addressed as follows: if to Zambelli, to the address set forth below; if to Client, 101 West Main Street Madison, IN 47250 25. This Contract may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. The exchange of copies of this Contract and of signature pages by facsimile transmission shall constitute effective execution and delivery of this Contract as to the parties and may be used in lieu of the original Contract for all purposes. This Contract and all the rights and powers granted by this Contract shall bind and inure to the benefit of the parties and their respective successors and assigns. 26. WITNESS WHEREOF, we set our hands and seals to the agreement in duplicate the day and year first above written. FOR Client: FOR: Zambelli Fireworks Manufacturing Co. BY BY date date Printed Name and Title Printed Name and Title Please sign contract where indicated for Client and return all copies for final acceptance to: sal.lanara@zambellifireworks.com Zambelli Fireworks Manufacturing Co. 280 Executive Drive, Suite 200 Cranberry Township, PA 16066 724-658-6611 800-245-0397 FAX 724-658-8318 Revised 2-12-18 M:\Word\Contracts -4 - RESOLUTION 2025-11B A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF MADISON, INDIANA REGARDING STREET CLOSINGS FOR THE MOLLY DATTILO 5K RUN/WALK WHEREAS, there has been a request filed by Paul Kelly of the Molly Dattilo 5K Run/Walk committee for street closings for said group in connection with the annual Molly Dattilo 5K Run/Walk to be held on Saturday, May 10, 2025. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF MADISON, INDIANA, that Vaughn Drive between West Street and Poplar Street shall be closed from 5:30 a.m. to 11:15 a.m. on Saturday, May 10, 2025. BE IT FURTHER RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF MADISON, INDIANA, that the following streets shall be closed from 7:30 a.m. to 11:15 a.m. on Saturday, May 10, 2025: 1. Vaughn Drive from Vernon Street to Ferry Street and through the City campground; 2. St. Michael’s Avenue from Vaughn Drive to First Street; 3. First Street from St. Michael’s Avenue to Vernon Street; 4. Second Street from Elm Street to Vine Street; and 2. Vernon Street from Vaughn Drive to First Street. BE IT FURTHER RESOLVED BY THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF MADISON, INDIANA, that said streets as closed shall be under the supervision and control of the Molly Dattilo 5K Run/Walk committee at the times noted above for the year 2025. ADOPTED this 7th day of April, 2025. ___________________________________ Bob G. Courtney, Chairman ___________________________________ Karl Eaglin, Member ___________________________________ David Carlow, Member (SEAL) ATTEST: ____________________________ Shirley Rynearson, Clerk-Treasurer

Get email alerts for Madison

A daily email when new agendas and minutes are posted.

Report an issue with this meeting