HomeMy WebLinkAboutItem 06.i•
June 21, 2010 Item No.
APPROVAL OF AGREEMENT WITH RES SPECIALTY PYROTECHNICS
FOR THE SERVICE OF AN OUTDOOR FIREWORKS DISPLAY
Proposed Action
Staff recommends adoption of the following motion: Move to approve agreement with
RES Specialty Pyrotechnics for the service of an outdoor fireworks display.
Overview
The City of Lakeville's Parks and Recreation Department has secured an agreement
with RES Specialty Pyrotechnics for the service of an outdoor fireworks display.
Primary Issues to Consider
None
Supporting Information
• Agreement between RES Specialty Pyrotechnics, Inc. and City of Lakeville for an
outdoor fireworks display
L4,
Gerald S. Michaud
Parks & Recreation Director
Financial Impact: $20,000 secured through donations Budgeted: Y/N Y Source:
Related Documents (CIP, ERP, etc.):
Notes:
RES Specialty Pyrotechnics
MAGIC IN THE AIR:
DISPLAY CONTRACT AGREEMENT
THIS AGREEMENT, made and entered Into on this 28th day of May, 2010 between RES Specialty
Pyrotechnics, Inc. hereafter referred to as the SELLER and City of Lakeville, hereafter referred to as
the BUYER.
IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS:
Service Provided Outdoor Fireworks Display
Dates) Sunday, July 4, 2010
Time Dusk (approximately)
Duration 18-22 minutes (depending on intensity)
Location Lakeville Senior High; Lakeville, MN
Event Sponsor City of Lakeville
OBLIGATIONS OF SELLER:
SELLER shall provide all materials, equipment and personnel necessary to perform the above-mentioned
display.
SELLER Is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2010
edition and NFPA 1126, Pyrotechnics before a Proximate Audience. 2006 edition.
SELLER shall provide show liability insurance In the amount of $5,000,000.00 to cover the fireworks
display and cleanup.
SELLER shall provide MN State fireworks display application form and Insurance certificate for acquisition
of City permit to Lakeville Fire Marshal.
SELLER shall include the BUYER, Independent School District No. 194 and City of Lakeville on the
Certificate of Insurance as a Names Additional Insurance on a primary and non-contributory basis.
SELLER shall indemnify and hold harmless the BUYER, Independent School District No. 194 and the City
of Lakeville and their agents, officers, and employees from and against all claims, damages, losses,
judgments, and expenses, including but not limited to attorney's fees, arising out of or resulting from the
SELLER's performance or failure to perform under this agreement.
OBLIGATIONS OF BUYER:
BUYER shall provide a suitable location for firing of the fireworks display.
BUYER shall provide and cover all costs for security, safety and cleanup at the display site.
21595 288th Sheet ■ Nelle Plaine, MN 66011 • Phone: 962.873.3113 a Fax: 852.873.2859
TERMS AND CONDITIONS:
The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude
upon the completion of the display. This agreement shall run no longer than one (1) calendar year.
However, if before the date of the scheduled performance, the BUYER has not performed fully its
obligations under the terms of this agreement or that the financial credit of the BUYER has been
impaired, the SELLER may cancel this agreement at any time.
In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the
option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the
SELLER for any damages, compensation or costs incurred including but not limited to attorney and court
fees in addition to the compensation herein.
The SELLER shall retain the right to stop or Interrupt the display at any time if, in the opinion of the
SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually
agreeable date.
PAYMENT:
Contracted amount: $20,000.00 Inclusive of sales tax, ff applicable.
Contracted amount includes fire watch and permit fee.
All payments shall be paid by BUYER to and In the name of RES Specialty Pyrotechnics, Inc. in the
form of a company check, certified bank check, money order, or cash.
CANCELLATION:
In the event the BUYER cancels this agreement any time during the contract period, the SELLER shall be
entitled to and receive 25% of the contracted fee for the remainder of the contract period plus
compensation for any pre- and post -production costs incurred.
THIS AGREEMENT Is the whole agreement of the parties' above named. No representation Inducement
or agreement has been given by one to the other to enter into this agreement other than expressly set
forth herein. This agreement shall not be altered, modified, or amended except in writing by a duly
authorized officer of each party.
IN WITNESS WHEREOF, the parties hereunto set their names on the day and year listed below.
CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS.
BUYER:
Title:
Signature:
Date:
SELLER: Steve ComanlRES Specialty Pyrotechnics
Title: CEO
Signature: 4,1,,f
Date: