HomeMy WebLinkAbout2017-04-03-J01F Fireworks Display Agr_July 4th AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 3, 2017
AGENDA ITEM: Consideration of approval of an Agreement between J & M Displays and the
City of Waukee for July 4, 2017, Fireworks Display
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The fireworks agreement is for this year’s 4th of July
Celebration. The cost of this year’s display is $12,000.00 and is within
budget. The fireworks will be shot off at approximately 9:30 -10:00 on
Tuesday July 4th.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $12,000.00.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the fireworks agreement with J &M Displays for $12,000.00.
ATTACHMENTS: I. Fireworks Display Agreement
PREPARED BY: Matt Jermier
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J & M Displays, Inc. 1
FIREWORKS DISPLAY AGREEMENT
THIS AGREEMENT is made and entered into this 21st day of March , 20 17 , by and
between J & M Displays, Inc., an Iowa corporation, having its principal place of business at Yarmouth, Iowa, hereinafter
referred to as “Seller”, and The City of Waukee, IA , hereinafter
referred to as “Buyer”.
Seller shall furnish to Buyer one (1) fireworks display, as per the $ 12,000.00 program
submitted and accepted by the Buyer, and which by reference is made a part hereof as Exhibit "A". The display is to take
place on the evening of Tuesday July 4th , 2017 at approximately 10 : 00 pm, weather permitting.
IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. Firing of Display (check one of the below options):
X Seller agrees to furnish all necessary fireworks display material and personnel for a fireworks display in
accordance with the program approved by the parties. Seller agrees to comply with all local, state, and federal guidelines
pertaining to the storing and displaying of fireworks.
Buyer waives the services of Seller’s technician. Buyer is a municipality or has a valid permit from the Bureau of
Alcohol, Tobacco, Firearms & Explosives and will be firing the display. If Buyer shoots the display, proof of liability insurance
is required as stated in paragraph number five (5), proof of auto insurance (if pyrotechnics will be transported), and proof of
worker’s compensation insurance coverage is required. Buyer agrees to comply with all local, state, and federal
guidelines pertaining to the storing and displaying of fireworks.
2. Payment. The Buyer shall pay to the Seller (check one of the below options):
the sum of $ as a down payment upon execution of this Agreement. The balance of
$ shall be due and payable in full within fifteen (15) days after the date of the fireworks display. A
service charge of one and one-half percent (1 ½%) per month shall be added to the unpaid balance if the account is not
paid in full within fifteen (15) days from the date of the show. If this account remains unpaid and is turned over to a
collection agency for non-payment, all fees incurred in collecting the balance will be at the Buyer’s expense. All returned
checks will be assessed a $30.00 fee.
X $ 12,000.00 in full by April 20th, 2016 (70 days prior to the event date).
The Buyer will receive the 8% prepayment bonus product in this fireworks display.
$ in full by (30 days prior to event date).
The Buyer will receive the 5% prepayment bonus product in this fireworks display.
3. Weather Delay/Cancellation. If Buyer postpones or cancels the fireworks display after the Seller has arrived on
site and began setting up the display, the Buyer shall pay to the Seller the amount of the shoot fee $ 1,000.00 as
payment in full for the postponement/cancellation fee. If the Buyer postpones or cancels the display prior to Seller arriving
on site for set up, there will be no charge for rescheduling.
4. Rain Date. Should inclement weather prevent the firing of the display on the date mentioned herein, the
parties agree to a mutually convenient rain date of 7/5/2017 or another date as agreed to by both parties.
The determination to cancel the fireworks display because of inclement weather or unsafe weather conditions shall rest
within the sole discretion of the Seller. In the event the Buyer does not choose to reschedule another date or cannot
agree to a mutually convenient date with the Seller, then the Seller shall be entitled to thirty percent (30%) of the contract
price for full settlement of this Agreement.
5. Insurance. (Check one of the below options):
X Seller agrees to provide, at its expense, public liability, personal injury and property damage insurance
coverage, including spectator coverage in an amount not less than $10,000,000, and within two (2) weeks prior to the date
of the fireworks display, shall submit to the Buyer, if requested in writing, a certificate of insurance. All entities listed on the
certificate of insurance will be deemed an additional insured. In the event of a claim by Buyer, the applicable deductible
shall be paid by the Seller.
J & M Displays, Inc. 2
The Seller agrees to defend, indemnify and hold harmless the Buyer and its agents, and employees from and against
all claims, costs, judgments, damages and expenses, including reasonable attorney fees that may or shall arise from the
performance of the fireworks by the Buyer. The Buyer agrees to give the Seller prompt notice of any claims or demands
and to cooperate with the Seller or its successors in interest or assigns, if any, in the defense of any such claims
and/or demands.
Buyer agrees to provide, at its expense, general liability insurance coverage with a rating by AM Best of A VIII or
higher, in an amount not less than $5,000,000, and within two (2) weeks prior to the date of the fireworks display, shall
submit to the Seller a certificate of insurance. All entities listed on the certificate of insurance will be deemed an additional
insured. Any charge incurred from the insurance provider for additional insurance after insurance application has been sent
in, shall be the responsibility of the Buyer. In the event of a claim by Seller, the applicable deductible shall be paid by the
Buyer.
The Buyer agrees to hold the Seller harmless and defend Seller from any and all claims brought against the
Seller by employees or sponsors of the Buyer for any and all acts of the Buyer relating to the event for which the
fireworks is performed.
6. Buyer agrees to provide:
(a) sufficient area for the display, including a minimum spectator set back as determined by Seller.
(b) protection of the display area by roping off or similar facility.
(c) adequate police protection to prevent spectators from entering display area.
(d) dry, clean sand, if needed, for firing.
(e) inspection and cleanup of fireworks debris in the fallout zone of the shoot site at first light the morning
following the display for anything that may have been missed at the night search.
(f) necessary local permits.
7. 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 deemed to be a warranty by the Seller for any purpose, nor
give rise to any liability or obligation of the Seller whatsoever, except for acts of Seller’s negligence as above stated.
8. It is further understood and agreed that nothing in this Agreement shall be construed or interpreted to mean a
partnership. Both parties hereto being responsible for their separate and individual debts and obligations, and neither
party shall be responsible for any agreements not stipulated in this Agreement.
9. The parties hereto do mutually and severally guarantee terms, conditions, and payments of this Agreement.
This document shall be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
BY:
J & M Displays, Inc.
BY:
SELLER BUYER
Please include the DISPLAY INFORMATION form with this Agreement so your order is processed accurately.