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HomeMy Public PortalAboutPyro- Fourth of July FireworksPYRO SHOWS P.O. BOX 1776 LAFOLLETTE, TN 37766 Contract Agreement This Agreement, made this 19'" Day of May 2016, by and between PYRO SHOWS, Inc., a Tennessee Corporation, whose address is 115 N. 1" Street, LaFollette, Tennessee 37766, and hereinafter referred to as PYRO SHOWS and City of Crestview with its principle place of business located at 100 Hathaway Street, Crestview in the State of Florida, hereinafter referred to as "Customer." WITNESSETH In consideration of the mutual promises and undertakings set forth herein, receipt of said consideration being acknowledged, the parties hereby agree as follows: I. FIREWORKS DISPLAY: PYRO SHOWS agrees to furnish to customer a firework display (hereinafter "Show") pursuant to the display #16FL07-04CUST20000-0267 dated this 19t Day of May 2016. The show will be given on the 4t Day of July, 2016. II. CANCELLATION: PYRO SHOWS shall determine what weather conditions prohibit PYRO SHOWS from proceeding with the Show; in which case, PYRO SHOWS agrees to present the Show on the following day or previously agreed upon rain date. In addition to contracted Show cost, Customer shall remit the actual additional expenses PYRO SHOWS shall incur in presenting the show on subsequent occasion to include labor, lodging, per diem, etc.; in no event shall these additional expenses be less than ten percent (10%) of the contracted price of the Show. In the event the Show must be RESCHEDULED to a mutually agreed upon date other that the previously agreed upon rain date, in addition to contracted Show cost, Customer shall remit the actual additional expenses PYRO SHOWS shall incur in presenting the Show on subsequent occasion to include labor, lodging, per diem etc.; in no event shall these expenses be less than thirty percent (30%) of the contracted price of the Show. Should Customer elect to CANCEL the Show for any reason, Customer must provide PYRO SHOWS with a thirty (30) days' written notice by certified mail, return receipt, to PYRO SHOWS' address as set forth above. Customer agrees that PYRO SHOWS shall Incur substantial expense In preparation for the Show and, accordingly, agrees to pay PYRO SHOWS fifty (50%) of the total contract price for the show as liquidated damages for cancellation. If the Customer does not provide PYRO SHOWS with notice as set forth herein, Customer shall pay PYRO SHOWS the entire amount or one hundred percent (100%) of the contract price for the Show as liquidated damages. III. SECURITY AREA: Customer agrees to furnish sufficient space for PYRO SHOWS to properly conduct the Show as determined by NFPA 1123-2014 (hereinafter "Security Area"). Customer agrees to provide adequate security protection to preclude persons unauthorized by PYRO SHOWS from entering the Security Area. For the purposes of the Agreement, "Unauthorized Persons" shall mean anyone other than the employees of PYRO SHOWS or persons specifically designated in writing by the sponsor, and submitted and approved, to PYRO SHOWS prior to the event. IV. SITE CLEANUP: PYRO SHOWS shall be responsible for basic cleanup of the launch area to include policing of the fallout zone for any unexploded ordnance and removal of all large paper debris, wood, wire, foil, racks, mortars and firing equipment used in the setup for the show. Customer shall be responsible for cleanup of debris located in and around fallout zone. V. ny C rea St P VI. AMENDMENT & ASSIGNMENT: This agreement is deemed personal and confidential to Customer, his heirs, executors and administrators only, and may not be sold, assigned, amended, or transferred without the prior written consent of PYRO SHOWS. VII. COMPLIANCE WITH THE LAWS AND REGULATIONS: Promptly upon the execution of this Agreement, Customer shall apply for the approval hereof to any agency, officer or authority of any government if such approval is required by any applicable law, ordinance, code or regulation. Customer agrees to indemnify and hold harmless PYRO SHOWS from against all claims, suits, and causes of action, demands, penalties, losses or damages which may arise or accrue because of the failure or neglect of customer to obtain such approval. This Agreement Is made expressly subject to and Customer expressly agrees to comply with and abide by all applicable laws, ordinances, codes and regulations insofar as the same may be applicable to the terms and conditions of this Agreement, including all rules and regulations now existing or that may be promulgated under and in accordance with any such law or laws. VIII. PERMITS AND LICENSES: Customer shall assist PYRO SHOWS in the acquisition and maintenance of all necessary permits and licenses to enable PYRO SHOWS to perform fully hereunder unless otherwise forbidden by any other applicable statute, rule or otherwise. Any expenses for security or stand by fire protection shall be the responsibility of the customer. Page 1 of 2 Rev. 2l3116 -Cei.daty-.IR41,-Stateesee7-eftti-tke-Gueterner-literebv-stibrrtits-iteeff-te-Oteleriedietierref-seri-eottrts-an& IX. LATE PAYMENT: PYRO SHOWS shall charge, and Customer agrees to pay, one and one half percent (1 1\2%) per month late payment fee for each month until PYRO SHOWS is paid the amount set forth in Paragraph XIV herein. The stated late payment fee shall begin to run from the applicable date(s) established in Section XIV, unless this provision is prohibited by law. X. ADVERTISEMENT AND PROMOTIONS: Customer agrees to state that fireworks display is being provided by PYRO SHOWS in all advertisements and promotions. Furthermore, Customer agrees to allow PYRO SHOWS to use sponsors name and/or logo in PYRO SHOWS list of clients and any Pyro Shows advertisements and promotions. XI. COMPLAINTS: In the event that Customer has a complaint conceming the Show, or any material or product used in or pursuant to the Show, or of the conduct of the Show by PYRO SHOWS, or any act or omission of PYRO SHOWS or its agents, either directly or indirectly, without limitation, Customer shall make complaint known to PYRO SHOWS in writing by certified mail to PYRO SHOWS' address as set forth above, within ten (10) days after the date of the Show. In the event that Customer fails to register any complaint in the time and in the manner specified, Customer agrees that it shall not claim such complaint as cause for an offset or withhold any payment due to PYRO SHOWS hereunder on account of or because of such complaint or any matter arising from, relating to or a consequence of the complaint. Furthermore, Customer agrees that should PYRO SHOWS have to collect any amount due PYRO SHOWS hereunder which Customer claims as an offset or which is withheld by Customer on account of, or because of, a complaint not registered with PYRO SHOWS in the time and in the manner specified herein, by law or through an Attorney -at -Law, PYRO SHOWS shall be entitled to collect attorneys' fees in the amount of 15% of the amount owing PYRO SHOWS or the maximum amount allowed by law, whichever is greater, along with all cost of collection. XII. WORKER'S COMPENSATION/EMPLOYEES: PYRO SHOWS shall provide Worker's Compensation insurance for its employees only. XIII. INSURANCE: Pyro Shows will provide General Liability Insurance and Automobile Liability in the amount of $5,000,000.00, combined single limit, covering its activities and services in connection with the show described in this contract. Pyro Shows also agrees to include Customer as additional Insured under the terms of this coverage. Pyro Shows, Inc. will provide a certificate of Insurance. All entities listed on the certificate will be deemed an additional Insured per this contract. XIV. PAYMENT TERMS: City of Crestview shall pay PYRO SHOWS $20,000.00 according to the terms and conditions set forth for presenting the Show. Customer shall submit a 50% deposit ($10,000.00) upon return of signed contract by June 19, 2016. Balance will be due in PYRO SHOWS net thirty (30) days of show. XV. TAXES: Customer shall be responsible for all applicable sales taxes. IMPORTANT: Checks must be payable to PYRO SHOWS, INC, All the terms and conditions set forth on any addendum attached to this Agreement are made part of this Agreement and incorporated by reference herein. IN WIT ESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. PYRO S WS, INC. CUS 0 BY: - sden E. Hill, Jr., President Date Ei(24-1De#L01 SignaturePrint Name Ole/QC_ Date '6/241 fr Title WARRANTY EXCLUSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No representation of affirmation of fact including but not limited to statement regarding capacity, suitability for use, or performance of equipment or products shall be, or be deemed to be, a warranty by PYRO SHOWS for any purpose, nor give rise to any liability or obligation of PYRO SHOWS whatsoever. IN NO EVENT SHALL PYRO SHOWS BE LIABLE FOR ANY LOSS OF PROFITS OR OTHER ECONOMIC LOSS, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY CLAIMED BREACH OF OBLIGATIONS HEREUNDER. Page 2 of 2 Rev. 215116 Venue af_nd Waiver of Jury Trial. The location for settlement of any and all claims, controversies, disputes, arising out of or relating to any part of this Agreement, or any breach hereof, shall be exclusively in Okaloosa County, Florida and nowhere else. THE PARTIES FURTHER AGREE THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT WOULD INVOLVE COMPLICATED AND DIFFICULT FACTUAL AND LEGAL ISSUES. THEREFORE, ANY ACTION BROUGHT BY ONE PARTY AGAINST THE OTHER PARTY, BROUGHT BY ONE PARTY, ALONE OR IN COMBINATION WITH OTHERS AGAINST THE OTHER PARTY, WHETHER ARISING OUT OF THIS AGREEMENT OR OTHERWISE, SHALL BB DETERMINED BY A JUDGE STTTING WITHOUT A JURY. Assignment or Sublicense 1Prohibitod_t No assignment of this Agreement or any interest therein shall be made by (CONTRACTOR) or granted by the CITY. XreadinQs; The headings of sections are for convenient reference only and shall hot be deeMetl to limit, construe, affect, modify or alter the meaning of such sections or subsections. Sovereign Immunity. Nothing in this Agreement is intended to nor shall be construed to waive the CITY'S rights :and immunities under the Florida Constitution, Common lave, or Florida Statutes §768.28, as amended from time to time. to: Public Records. Contractor shall comply with Florida Public Records Laws, specifically ia) Keep and maintain public records thatordinarlty and necessarily would be required by the City of Crestview in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the City of Crestview would provide the records and .at a cost that does riot exceed the cost .provided in Chapter 119, Florida Statutes dr as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the Cily of Crestview all public records In possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. Ail records stored electronically Must be provided to the City of Crestview in a format that is compatible with the information technology systems of the City of Crestview. GiZ31Zaao A`cmc• CERTIFICATE OF LIABILITY INSURANCE 5�DATE(s �) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Britton Gallagher One Cleveland Center, Floor 30 1375 East 9th Street Cleveland OH 44114 CONTACT NAME: PHONE "R n . E:eL216 65&7100 iNC. No): E-MAIL ADDRESS: sIWRENS) AFFORDING COVERAGE NAIC111 INSURER A :Florida JUA INSURED Pyro Shows, Inc. PO Box 1776 115 North 1st Street La Follette TN 37766 INSURERa:Maxum Indemnity Compa y 26743 10851 imam :Everest Indemnibilnsurance Co. r INSURER D :Everest National Insurance Company INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 64725017 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTA TYPE OF IN SURANCE ADOL-SUBR INSR MD POLICY NUMBER POLICY EFF (MM/DD/YYYYI POLICY EXP IMIA/DDNYYTI OMITS C GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY Y Y SIEGL00230-151 10/1/2015 10/1/2015 EACH OCCURRENCE 31,000,000 GE TO RENTED PREMISES Ea occurrence) $500,000 MED EXP (Any one parson) 3 CLAIMS -MADE X OCCUR PERSONAL L ADV INJURY 51,000,000 $2,000,000 GENERAL AGGREGATE PRODUCTS • COINP/OP AGG $2,000,000 S GEM- AGGREGATE LIMIT APPLIES PER: POLICY F— MT, 7 LOC D AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED Y Y SIECA00004-151 10/1/2015 10/1/2016 EEa INtI5INGLELIMI r $1,000,000 BOOILY INJURY (Per person) S BODILY INJURY (Per acddent) S PROPERTY DAMAGE (Per acuden0 s S B X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE Y Y EXC6020208 10/1/2015 10/1/2016 EACH OCCURRENCE S4,000,000 AGGREGATE 34,000,000 3 QED RETF_NT10NS A WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY ANY PROPRIETOR/PARTNER/EXECUTIVE Y� IM OFFICEREMBER EXCLUDED? {Mandatory In NH) N yes describe under DESCRIPTION OF OPERATIONS below N / A Y 0688N314 (FL) 6/26/2016 6/26/2017 X WC sTATU- x OTH- TORY LIMITS ER USL&H E L EACH ACCIDENT 31,000,000 E.L DISEASE - EA EMPLOYEE S1,000,000 E.L DISEASE - POUCY LIMIT S1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N mac space Is required) Add'tional Insured extension of coverage is provided by above referenced General Liability policy where required by written agreement. Fireworks Display: July 4, 2016 Additional Insured: City of Crestview CERTIFICATE HOLDER CANCELLATION I City of Crestview 100 Hathaway Street Crestview FL 32539 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE wrTH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE -V ACORD 25 (2010/05) 4:01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Attn:LANSDEN E. HILL, JR. PYRO SHOWS, INC. P. O. BOX 1776 LA FOLLETTE, TN 37766 STATE OF TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE TYRO SHOWS. INC. ID NUMBER 6 LICSIATUSAICENSEEI EXPIRATION DATE: .April 30. 2017 TENNESSEE FIREWORKS PERMIT8 - DISPLAY EXHIBITOR uo THIS IS TO CERTIFY THAT ALL REQUIREMENTS OF THE STATE OF TENNESSEE HAVE BEEN MET taste of XenneOce TENNESSEE FIREWORKS PERMITS DISPLAY EXHIBITOR PYRO SHOWS, INC. 249 989 2 is kr elilsentri Ate t e giXneutike ‘frt, fike*# 447* _Vaieffteo OW, t9XS ye/964 as amend r /46, grda,t9Xti?/.90 ID NUMBER: t LIC STATUS: LICENSED EXPIRATION DATE April 30, 2017 IN-1313 DEPARTMENT OF COMMERCE AND INSURANCE .• ibNYWISNI GNV aotiavitwoo. . — 40 IN3multvidao. , - t•-.144 • • q•••if S•• • • A . r • : • „. 94.0Z '.I•E ..icit1J.abUG.41..V4,N0iirtileiX3.. • 14301E.Sla'qU .:STUNIS Oil 1 • ZT:d48IAIIIN GI* .•ssa.ippe enoqe et.O le tx.tomeio jo.eieS eiji uE e6e6ue of ftwJaci e peweJ6 Aqamti sl •Japlott eiio pe-mnbaketo pied Bulney pue slJomaio esn pue leBeiols 'ales eto 6utu,teAo0 suogel:h6ei put semi eigeoticide pu..e ti0L jaideqo '89.9ou 'pelelouuy apoo 88SSOLlUe j. w inai les S8 iseinseew boles ato upm paocituao 6uyteH 99LLE N1.11.111101Y1 .1.337i1S 1S1:113 NINON SIT 'DM `silitofFis Glad smoniutim ivrINNv Sniffled 01110N3HN 33SS3NN94. S • U.S. DePulrtneet of Justice Bureau of Alcohol. Tobacco. Firearms and Explosives Federal Explosives License/Permit (18 U.S C Chapter 40) MIMI INNS 111111.rastst JIM haste In accordance with the provisions of Title XI. Organized Crime Control Ad of 1970 and the regulations issued thereunder (27 CFR Part 555). ►you may engage in the actit'fi specified in this license or permit within the limitations of Chapter40. Title 18. United States Code and the regulations issued thereuudar. until the expiration date shown. THiS LICEN S.E IS NOT TRANSF ERAPLE LINDER 27-CFR SS$.54s Sec'WARNINGS" and'N()T10ES" on reverse Direct ATF ATE - Chief. FELC LicensePerrnit Corresponds -mix To 344 Needy Road Number Martinsburg_ WV 25405-9431 Chief. Federal P osives Licensing Center(FEL (/,.' Q• Nanie PYRO SHOWS INC Emnrarion Date 1-TN-013-24-8G-12205 July 1, 2018 Premises Addrra (Changes? NorifY the FELL a least 10 der.* hcfure the move) 115 NORTH 1ST ST LA FOLLETTE, TN 37766-0000 Type of License or Perini! 24-IMPORTER OF EXPLOSIVES Purchasing Certification Statement The liaasx or permitter r named above stall use a cops ei this hems& or mind to assist a transferor cf endosives to verify the identity and the brand saes anis karat or poultice as provided by 27 CFR Pan 555. The ustalore on each eoov wick, anneal simature, .kfazed, wired or entailed copy cite license a prms with a Spam intended to be an erigi al signature is soceptabk. The stlnaure stet betha ores Federal Emlaeiwes licensee (FEL) ern a revealable person of the FFi I mit* Mathis is a we cony of a 1- err meson hosed iodic licensee er pamis<csr natned Mote is a;gage m the bumssti or r 1 rest Af1T— Licenu Responsible Per n Signature Position'Title LangGd eh Ir 41 I Jr, Printed Name 3•aa-f(r1 Date PrenuuyEds,mmsObsolete rrarssnstn:.inastmssmarm 1.elUeisiA7iiJn,mrtaaasvani1Ofr,rirae Mailing Address (Changes' Nuhti the FELL of any changes.) PYRO SHOWS INC P O BOX 17715 ATTN: DEANNA RAINS LA FOi-LETTE. TN 377136.0000 .\Tt Fron 54110 14 Mo.) 11. Pat 1 Revived aloha vtl l Federal Explosives I icertsing Center (FELC1 244 Needy Road Meninsburg. WV 25405-9131 Federal Esphnives license (FEL) Customer Seniee Infonstadon Toll -free Telephone Number. 18771283-3352 ATF Honternec ryew-,ad:gm Fan Number: (3041616-4401 E-mail: FELCaatf.g ov (le nge of Address (27 (;<R 555.54(a)(1)1 • Licensees or perminem nay during the term of their current license or permit remove their business or operations to a new location at winch they intend regularly to am on such business or operations. The licensee or pemnittee is required to sire notificstion of the new Incatioo of the business or operations not less than 10 dates prior to such removal with the ChieL Federal Explosives Licensing Center. The license or permit wilt be valid for the remainder of the term of the original license or permit. (he (lief, FELC, shag, if dse SCUM! or perndttee is not quashed, refer the request for amended limner or permit to dte Director of Whiney Operations for dadal In accordance with § 55354) Right of Sueoraion (27 CFR 555.591. (a) Certain persons other than the licensee or Fs: mince mist}' secure the right to carry at the same implosive materials business or operations at the tame address shown on, and for the remainder of the term of, a currant license or permit. Such persons ere: (1) The surviving spouse Of child. or execteor. administrator. or other Icgal representative of • deceased boon= or permitter: and (2) A receiver or trustee in bsnkroptes.. or an assignee for benefe of creditors. (b) In order to secure the righl provided by this section. the parson or persons continuing the business or operations shall furnish the license or permit for for that business or operations for endorsement of such succession to the Chief. FELC. within 30 days from the date on which the suoCrssor begins to esm on the business or operations, (C onhmred on merge side) Cut Here }G Federal Explosives License/Permit (FEL) Information Card Lite=Pamil Nettle: PYRO SHOWS INC Business Name: License Permit Number: 14114.013-24.8G•12205 Litxnse-Permit Typc:24-IMPORTER OF EXPLOSIVES Expiration: July 1, 2018 Please Fate: Not Valid for the Sale or Other Disposition of Explosives.