HomeMy WebLinkAboutCity of Oshkosh Contract-2023WOLVERINE FIREWORKS DISPLAY, INC.
205 W. Seidlers Road
Kawkawlin, Michigan 48631
Phone: (989) 662-0121
Fax: (989) 662-0122
WISCONSIN WAREHOUSE:
Phone: (262) 968-4178
CONTRACT
This contract entered into this 13th day of February, 2023, 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. 2023 at: 9:45pm pm. In the event of inclement weather, the display
will be rescheduled for the next night July 5th, 2023 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: $40,000.00 including all fees plus tax (unless exempt). A deposit in the
amount of: $20,000.00 shall be made upon signing of contract, no later than 90 days prior to display
date. If the display is cancelled by sponsor after deposit is paid but prior to 30 days before the display,
Sponsor will forfeit 25% of deposit. If display is cancelled by Sponsor 30 days prior to display or after,
Sponsor will forfeit 100% of deposit.
5. The balance due shall be paid to Wolverine within 30 days following the display.
6. 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
DocuSign Envelope ID: 697C11A2-4943-408D-9209-093F9EFD3D09DocuSign Envelope ID: BE690CEF-E54A-4590-B7DF-342F44D5EC5A
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 because 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. If Wolverine, in its sole determination, is unable to supply the size and type of fireworks proposed due
to supply chain issues, Wolverine will substitute with fireworks of equal monetary value, in its sole
discretion, if possible. If no such supply is available, Wolverine will refund Sponsor any deposit paid,
and this agreement will be cancelled without penalty to Wolverine or Sponsor.
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. This contract constitutes the entire agreement between the parties and shall be binding on the parties,
their heirs, executors, administrators, successors, and assigns.
16. Any Additional Provisions:
WOLVERINE FIREWORKS DISPLAY, INC. CITY OF OSHKOSH
By:_________________________________ By:_______________________________________
Date Signed:____/____/_______ Date signed_____/_____/_____
Address: 205 W. Seidlers Road Address: PO Box 1130
Kawkawlin, MI 48631 Oshkosh WI 54903
Gina@wolvdisplay.com
Phone: 920-236-5080
Email: Stacy James-Parks Dept.
sjames@ci.oshkosh.wi.us
DocuSign Envelope ID: 697C11A2-4943-408D-9209-093F9EFD3D09
2/13/2023
DocuSign Envelope ID: BE690CEF-E54A-4590-B7DF-342F44D5EC5A
2/14/2023