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HomeMy WebLinkAboutWolverine Fireworks Display Contract 2021 WOLVERINE FIREWORKS DISPLAY,INC. 205 W. Seidlers Road Kawkawlin,Michigan 4863I Phone: (989)662-0121 Fax: (989) 662-0122 RECEIVED WISCONSIN WAREHOUSE: Phone: (262)968-4178 MAR 3 0 2021 Fax: (262)968-2254 CONTRACT CITY CLERK'S OFFICE This contract entered into this 19th day of February,2021,by and between WOLVERINE FIREWORKS DISPLAY, INC.,hereinafter referred to as "WOLVERINE"A Michigan Company,duly licensed by the BATFE,and City of Oshkosh,hereinafter referred to as"Sponsor". 1. Wolverine agrees to furnish Sponsor,in accordance with the terms and conditions set forth herein,One(1) fireworks display as per this signed and accepted contract. This will include trained and qualified Pyrotechnicians to deliver,setup,execute and take down the pyrotechnic display. • 2. Wolverine agrees to provide insurance coverage of Ten Million Dollars,Bodily Injury and Property Damage and the statutory limits for Worker's Compensation Insurance. The Sponsor will be named as additional insured on the certificate. This insurance covers the operations of Wolverine only and does not extend to any other aspect of the event. 3. The date of this display is: July 4«',2021 at: 4,-) Y r- pm. In the event of inclement weather,the display will be rescheduled for the next night July 5`1,2021 at no additional cost to the Sponsor(dates around the 41 of July are excluded unless approved by Wolverine)_ hi the event the display is rescheduled to a date not the next night,there will be an additional 15%cost added to the contract amount to cover additional expenses involved. In the event the Sponsor does not choose to reschedule another date or cannot agree to a mutually convenient date, the Sponsor shall pay the Contractor an amount equal to 40% to cover Wolverine's cost,damages,and expenses. 4. The cost of the display is:$32,000.00 plus tax(unless exempt). A deposit in the amount of:$12,500.00 by May 1",2021 shall be made upon signing of contract,no later than 90 days prior to display date. 5. The balance due shall be paid to Wolverine within 30 days following the display. 6. A 2.5%Hazardous Material Handling fee will be added to the invoice(based on the display cost) along with any • permit fees paid by Wolverine. There will be a 1.5%late charge added to the invoice on any outstanding amount not paid in full by the agreed upon date. 7. Sponsor,at Sponsor's expense,agrees to provide Wolverine with a suitable display site that meets the guidelines as set forth in NFPA 1123 and meeting the approval of Wolverine. All permits necessary for the display shall be the responsibility of the Sponsor. All necessary police, fire,and other appropriate protection necessary for proper crowd control,automobile parking,and display site security will be the responsibility of the Sponsor and in accordance with the provisions of NFPA 1123. 8. After the display,Wolverine will conduct a post display search of the area/fallout zone for any unexploded fireworks. Sponsor explicitly acknowledges that an early morning first light search of the Display Site as defined in NFPA 1123 is of utmost importance and the search will be conducted by the Sponsor. If any unexploded shells or devices are found,Wolverine will be contacted immediately to properly disposed of said material. Wolverine will be responsible for the removal of all equipment provided by Wolverine. Sponsor will be responsible for any remaining cleanup that may be required after the display. 9. Sponsor agrees to defend and hold Wolverine harmless from and against all claims and any penalties, damages, and costs made against and/or incurred by Wolverine in the event(1)the display does not commence on the date and time contemplated by this contract,or is otherwise disrupted as a result of equipment or product malfunction or failure,and/or(2) Sponsor's breach of its obligations under the contract. 10. The laws of the State of Wisconsin shall govern this contract. Nothing in this contract shall be construed as forming a partnership between the Sponsor and Wolverine. Neither party shall be held responsible for any agreements nor obligations not expressly provided for herein,and shall be severally responsible for their own separate debts and obligations. 11. This contract constitutes the entire agreement between the parties and shall be binding on the parties, their heirs, executors,administrators,successors,and assigns. I2. Wolverine agrees to take all steps reasonably necessary to safeguard Sponsor's property and the property of spectators_ Should any losses occur which the Sponsor believes are the result of an intentional act or an act of negligence by Wolverine, the Sponsor shall notify Wolverine of the nature of the loss and the date on which the loss occurred,said notice shall be in writing and shall provide as much details as reasonably possible in relation to the nature and extent of the loss. 13. Wolverine shall perform all services required hereunder,except when prevented by strike, lockout,act of God, accident, or other circumstances beyond Wolverine's control. 14. No provision of this Agreement is intended,or shall be construed to be a waiver for any purpose by the City of Oshkosh of the provision of Wis.Stats. Sec. 893.80, 895.52,and 345.05 or any other applicable limits on municipal liability. Any indemnification that the City of Oshkosh gives under this Agreement is specifically limited by this paragraph to the end that the City of Oshkosh shall not be liable in indemnification or contribution for any amount greater than the recoverable limits for claims against municipalities established by Wisconsin Law. 15.Any Additional Provisions: WOLVERINE FIREWORKS DISPLAY,INC. CITY OF OSHKOSH do Mark Rohloff, City Manager By: /444.. l'a tz d 'By: ./`�ii, f • Date Signed: 03/ 30/ 2021 Date signed -3 / /4' / %�- Address: 205 W. Seidlers Road Address: PO Box 1130 Kawkawlin, MI 48631 Oshkosh WI 54903 Gina.wolverinefrreworks@gmail.com Phone: 920-236-5080 Email: Stacy James-Parks Dept. sjames@ci.oshkosh.wi.us WOLVERINE FIREWORKS DISPLAY,INC. 205 W. Seidlers Road Kawkawlin,Michigan 48631 Phone: (989)662-0121 Fax: (989)662-0122 WISCONSIN WAREHOUSE: Phone: (262)968-4178 Fax: (262)968-2254 CONTRACT This contract entered into this 19th day of February,2021,by and between WOLVERINE FIREWORKS DISPLAY, INC.,hereinafter referred to as "WOLVERINE"A Michigan Company,duly licensed by the BATFE,and City of Oshkosh,hereinafter referred to as"Sponsor". 1. Wolverine agrees to furnish Sponsor,in accordance with the terms and conditions set forth herein,One (1) fireworks display as per this signed and accepted contract. This will include trained and qualified Pyrotechnicians to deliver, setup,execute and take down the pyrotechnic display. 2. Wolverine agrees to provide insurance coverage of Ten Million Dollars,Bodily Injury and Property Damage and the statutory limits for Worker's Compensation Insurance. The Sponsor will be named as additional insured on the certificate. This insurance covers the operations of Wolverine only and does not extend to any other aspect of the event. 3. The date of this display is:July 4th,2021 at: pm. In the event of inclement weather,the display will be rescheduled for the next night July 5th, 2021 at no additional cost to the Sponsor(dates around the 4th of July are excluded unless approved by Wolverine). In the event the display is rescheduled to a date not the next night,there will be an additional 15%cost added to the contract amount to cover additional expenses involved. In the event the Sponsor does not choose to reschedule another date or cannot agree to a mutually convenient date, the Sponsor shall pay the Contractor an amount equal to 40%to cover Wolverine's cost,damages,and expenses. 4. The cost of the display is: $32,000.00 plus tax(unless exempt). A deposit in the amount of: $12,500.00 by May 1st,2021 shall be made upon signing of contract,no later than 90 days prior to display date. 5. The balance due shall be paid to Wolverine within 30 days following the display. 6. A 2.5%Hazardous Material Handling fee will be added to the invoice(based on the display cost)along with any permit fees paid by Wolverine. There will be a 1.5%late charge added to the invoice on any outstanding amount not paid in full by the agreed upon date. 7. Sponsor,at Sponsor's expense,agrees to provide Wolverine with a suitable display site that meets the guidelines as set forth in NFPA 1123 and meeting the approval of Wolverine. All permits necessary for the display shall be the responsibility of the Sponsor. All necessary police, fire,and other appropriate protection necessary for proper crowd control,automobile parking,and display site security will be the responsibility of the Sponsor and in accordance with the provisions of NFPA 1123. 8. After the display,Wolverine will conduct a post display search of the area/fallout zone for any unexploded fireworks. Sponsor explicitly acknowledges that an early morning first light search of the Display Site as defined in NFPA 1123 is of utmost importance and the search will be conducted by the Sponsor. If any unexploded shells or devices are found,Wolverine will be contacted immediately to properly disposed of said material. Wolverine will be responsible for the removal of all equipment provided by Wolverine. Sponsor will be responsible for any remaining cleanup that may be required after the display. 9. Sponsor agrees to defend and hold Wolverine harmless from and against all claims and any penalties,damages, and costs made against and/or incurred by Wolverine in the event(1)the display does not commence on the date and time contemplated by this contract,or is otherwise disrupted as a result of equipment or product malfunction or failure,and/or(2) Sponsor's breach of its obligations under the contract. 10. The laws of the State of Wisconsin shall govern this contract. Nothing in this contract shall be construed as forming a partnership between the Sponsor and Wolverine. Neither party shall be held responsible for any agreements nor obligations not expressly provided for herein,and shall be severally responsible for their own separate debts and obligations. 11. This contract constitutes the entire agreement between the parties and shall be binding on the parties,their heirs, executors, administrators,successors, and assigns. 12. Wolverine agrees to take all steps reasonably necessary to safeguard Sponsor's property and the property of spectators. Should any losses occur which the Sponsor believes are the result of an intentional act or an act of negligence by Wolverine,the Sponsor shall notify Wolverine of the nature of the loss and the date on which the loss occurred,said notice shall be in writing and shall provide as much details as reasonably possible in relation to the nature and extent of the loss. 13. Wolverine shall perform all services required hereunder,except when prevented by strike,lockout,act of God, accident,or other circumstances beyond Wolverine's control. 14. No provision of this Agreement is intended,or shall be construed to be a waiver for any purpose by the City of Oshkosh of the provision of Wis. Stats. Sec. 893.80, 895.52,and 345.05 or any other applicable limits on municipal liability. Any indemnification that the City of Oshkosh gives under this Agreement is specifically limited by this paragraph to the end that the City of Oshkosh shall not be liable in indemnification or contribution for any amount greater than the recoverable limits for claims against municipalities established by Wisconsin Law. 15. Any Additional Provisions: WOLVERINE FIREWORKS DISPLAY,INC. CITY OF OSHKOSH c/o MarkRoohhloff,City Manager By: By: /�j�--- -t✓L!✓. Date Signed: / I Date signed S / / .4/ Address: 205 W. Seidlers Road Address: PO Box 1130 Kawkawlin, MI 48631 Oshkosh WI 54903 Gina.wolverinefireworks@gmail.com Phone: 920-236-5080 Email: Stacy James-Parks Dept. sjames@ci.oshkosh.wi_us Ubrig, Pam From: James, Stacy Sent: Tuesday, March 30, 2021 3:27 PM To: Ubrig, Pam;Joeckel, Angela J. Cc: Moran, Diane; Maurer, Raymond Subject: Fireworks Contract Attachments: City of Oshkosh Contract-2021-SIGNED.pdf Good afternoon everyone. For your files, please find attached a copy of the fully executed contract with Wolverine Fireworks for the 2021 4'h of July show. Note: I only received an electronic copy hence me providing you with an electronic copy as well. Please let me know if you need anything further. Stacy James Administrative Assistant, Parks Department City of Oshkosh 920.236.5080 Follow us: Web I Facebook I Twitter. ellVityf lfrdshkosh 1 AWR® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/9/2021 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). PRODUCER CONTACT The Partners Group Ltd PHONE Janet Nau FAX 11225 SE 6th St., Suite 110 (ANC.No.at):425-455-5640 (A/C,No):425-455-6727 Bellevue WA 98004 E-MAIL ADDREss: jnau@tpgrp.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:T.H.E. Insurance Company 12866 INSURED 14347 INSURER B Wolverine Fireworks Display, Inc. 205 West Seidlers Road INSURER C: Kawkawlin MI 48631 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:351880361 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD!YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY Y CPP010729701 2/1/2021 2/1/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $Excluded PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 X POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ A UMBRELLA UAB X OCCUR ELP001317401 2/1/2021 2/1/2022 EACH OCCURRENCE $9,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $9,000,000 DED X RETENTION S 0 $GL ONLY WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N 1 A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) The following are Additional Insured on General Liability as their interest may appear as respects operations performed by or on behalf of the Named Insured, as required by written contract. Show Date:July 4,2021 Rain Date:July 5,2021 Show Location:Menominee Park-Monkey Island,Oshkosh Additional Insured(s):City of Oshkosh,and its officers,council members,agents,employees and authorized volunteers,Festival Foods,Sawdust Days. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Oshkosh PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh WI 54903-1130 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE