Loading...
HomeMy Public PortalAbout2023.05.19 McCall Garden State Contract -Fireworks Display THIS AGREEMENT is made on this 16 day of May, 2023, between GARDEN STATE FIREWORKS, INC., hereinafter known and designated as The Party of the First Part ; The City of McCall hereinafter known as the designated Party of the Second Part. WITNESSETH: For and in consideration of all mutual covenants and agreements hereinafter entered into, the Party and Parties hereinafter agree as follow: 1 The Party of the First Part agrees to furnish to the Party of the Second Part on Legacy Park Grounds on July 4th, 2023 in a location to be designated by the Party of the Second Part and approved by the Party of the First Part, an exhibition of fireworks. 2 The Party of the First Part agrees to pay all expenses for the freight and cartage for the said display, all necessary labor and equipment, and experienced Pyrotechnic Operators to discharge the said display. 3 The Party of the First Part and The Party of the Second Part agree to a postponement of the said display in the event of inclement weather Open, 2023 additional cost of FIFTEEN PERCENT of the total contract amount. Postponements will be allow prior 3:00PM the day of the event; and may be scheduled only within the period terminating January 1, 2024 after the original scheduled date of the display, thereafter the display will be considered to be cancelled. In the vents of cancellation the Party of the Second Part agrees to additional payment of FIFTY PERCENT of the total contract amount. 4. The Party of the First Part agrees to supply to the Party of the Second Part, insurance coverage in the amount of FIVE MILLION DOLLARS for public liability and/or property damage. The Party of the First Part agrees to hold harmless the Party of the Second Part. The Party of the Second Part agrees to hold harmless the Party of the First Part of all and any claims, legal fees incurred outside the operations or the control of the Party of the First Part. 5. The Party of the Second Part agrees to furnish ample security or police protection and barricades to prevent any persons from coming into the safety zone area designated for discharging said fireworks dis play. With the exception of conditions stated in paragraph 4 above, the Party of the Second Part also agrees to assume sole responsibility for spectator safety, including seating, lighting, and ground surfaces, and agrees to conduct an inspection of the s ite approximately 24 hours in advance of the display to ensure a safe spectator environment. 6. The Party of the Second Part agrees to produce any and all permits which may be required by municipal authorities for the discharging of the said fireworks display at their own expense. 7. The Party of the Second Part agrees that any and all publicity, media coverage, announcements, and advertising shall name GARDEN STATE FIREWORKS, INC. as the primary contractor for the said display. 8. Upon delivery of the said display, the full balance for the contract amount shall be paid to the Pyrotechnic Operator in a sealed envelope before of immediately following the discharging of the display. 9. Total amount $25,000.00 United State dollars (excluding permit fees) 10. Duration approximately 18-20 Minutes WITNESS: GARDEN STATE FIREWORKS, INC. BY ______________________________ August N. Santore – Vice President WITNESS _____________________________ ________________________ The City of McCall DocuSign Envelope ID: 56DE82F6-0F2A-402F-9061-6E5225C5E60D May 19, 2023 | 10:45 AM MDT May 18, 2023 | 3:46 PM PDT May 19, 2023 | 8:36 AM MDT