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HomeMy WebLinkAboutItem 06.j• • ☐☒ DISPLAY CONTRACT AGREEMENT THIS AGREEMENT, made and entered into on this 15th day of June, 2020 between RES Pyro 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 Date(s) Saturday, July 4, 2020 Time Dusk (approximately) Duration 20 minutes (depending on intensity) Location King Park; 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 a certificate of liability insurance in the amount of $5,000,000.00 to cover the fireworks display and cleanup. BUYER shall be listed as Certificate Holder on the Certificate of Liability insurance. All individuals/entities listed on the certificate of liability insurance will be deemed an additional insured per this contract. The SELLER will work with the City on cleanup of adjacent properties. SELLER will assist with cleanup of debris in the display site area. SELLER shall include the BUYER, as co-insured on Certificate of Insurance. The SELLER agrees to provide safety equipment for the crew including, but not limited to fire extinguishers, hearing plugs, hard hats, eye goggles, cotton coverings, and First Aid supplies. SELLER shall comply with all applicable federal, state and local laws, ordinances, rules and regulations. SELLER shall carry the following insurance coverage: A. Workers’ compensation and employer’s liability insurance in amounts sufficient pursuant to the laws of the State of Minnesota. B. Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability and property damage. The BUYER shall be named as additional insured on all such insurance policies, with the exception of workers’ compensation coverage. The contractor shall provide a certificate of liability insurance, and a copy of additional insured endorsement by June 20, 2020, evidencing such coverage and, at BUYER’S request, furnish BUYER with copies of insurance policies and with evidence of payment of premium or fees of such policies. 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. 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. 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 opinio n of the SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually agreeable date. PAYMENT: Contracted amount: $23,000.00 inclusive of sales tax, if applicable. Contracted amount includes fire watch and permit fee. All payments shall be paid by BUYER to and in the name of RES Pyro 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 35% of the contracted fee for the remainder of the contract period plus compensation for any pre- and post-production costs incurred. The Parties agree that should inclement weather prevent the fireworks display from occurring on July 4, 2020, the Contractor shall be entitled to a fee charge of Four Thousand and no/100ths Dollars ($4,000.00). In the event of a cancellation for inclement weather, the fireworks display will be rescheduled to July 5, 2020, or another mutually agreed upon date. In the event the BUYER cancels this agreement any time during the contract period for a reason other than inclement weather, the SELLER shall be entitled to and receive 30% of the contracted fee for the remainder of the contract period plus compensation for any pre- and post-production costs incurred. MISCELLANEOUS TERMS: It is agreed that nothing herein contained is intended, or should be construed in any manner, as creating or establishing the relationship of co-partners between the parties hereto, or as constituting the SELLER staff as the agents, representatives or employees of the BUYER for any purpose in any manner whatsoever. The SELLER and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. The SELLER represents that it has, or will secure at its own expense, any and all personnel required in performing services under this Agreement. Personnel, while engaged in the performance of any work or services required by the SELLER under this Agreement, shall not be considered employees of the BUYER, and a ny and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota, on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the SELLER, its officers, agents, contractors or employees shall in no way be the responsibility of the BUYER, and the SELLER shall defend, indemnify and hold the BUYER, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the BUYER, including, without limitation, tenure rights, medical and hospital care, sick leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. SELLER shall defend, indemnify and hold harmless the BUYER, its officers, employees and agents, from any and all claims causes of action, lawsuits, damages, losses or expenses, including attorney's fees, arising out of or resulting from the SELLER’S (including its officers, employees or agents) performance of the duties under this Agreement. Any amendments to this Agreement shall be in writing and executed by the parties in the same manner as this Agreement. THIS AGREEMENT shall be interpreted under the laws of the State of Minnesota. The parties mutually and severally guarantee the terms, conditions, and payments of the Agreement, which shall be binding upon the parties, heirs, executors, administrators, successors and assigns. THIS AGREEMENT shall not be assignable except at the written consent of the BUYER. THIS AGREEMENT represents the entire agreement between the BUYER and the SELLER and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, and amendments, addenda, alterations or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. 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: SELLER: Erv Haman - RES Pyro By: Title: Director of Business Development And:Signature: Date: Date: 6/9/2020 Charlene Friedges, City Clerk Douglas P. Anderson CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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 ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) 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 policy(ies) 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). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Britton-Gallagher and Associates,Inc. One Cleveland Center,Floor 30 1375 East 9th Street Cleveland OH 44114 216-658-7100 216-658-7101 info@brittongallagher.com Everest Denali Insurance Company 16044 2027 JAMES RIVER INS CO 12203RESSpecialtyPyrotechnicsInc 21595 286th Street Belle Plaine MN 56011 Axis Surplus Ins Company 26620 MN WC Assigned Risk Plan 862343843 B X 1,000,000 100,000 X 1,000,000 5,000,000 2,000,000 00090431-1 4/1/2020 4/1/2021 X A 1,000,000 X X X SI8CA00190-201 4/1/2020 4/1/2021 C X 5,000,000 5,000,000 P001000273872-01 4/1/2020 4/1/2021 X D 106016.802 (MN)11/9/2019 11/9/2020 500,000 500,000 500,000 THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE 6/9/2020 X Additional Insured extension of coverage is provided by above referenced General Liability policy where required by written agreement. Date of Event:July 4,2020 Location:King Park;18350 Dodd Blvd;Lakeville,MN 55044 Additional Insured:City of Lakeville City of Lakeville 20195 Holyoke Avenue Attn:Patty Dexter Lakeville MN 55044