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HomeMy WebLinkAboutLetter of Agreement Fireworkds Show Skogens - Final - 2025 - 4-1-2025. Letter of Agreement Between the City of Oshkosh and Skogen’s Foodliner, Inc (hereinafter “Festival Foods”) July 4th Fireworks Shows 2025-2026 THIS AGREEMENT is entered into on the 1st day of April, 2025, by and between the CITY of OSHKOSH, 215 Church Avenue, Oshkosh, Wisconsin 54901 (City), and Skogen’s Foodliner, Inc (address) (hereinafter “Festival Foods”). 1. Consideration. The City and Festival Foods each enter this Agreement in return for monetary and other consideration. The parties acknowledge the receipt of the consideration and that the consideration given and received is of sufficient value to induce them to enter into this Agreement. 2. Representatives. The parties assign the following persons as the primary contacts for their respective interests related to managing and carrying out the tasks of this Agreement. These persons may be changed upon written notice from the party making the change. a. For the City: Ray Maurer, Parks Director b. For Festival: Nina Nesja, Community Involvement Sr. Specialist 3. Term and Extension This Agreement shall be for Fireworks shows on July 4, 2025 and 2026. The parties may agree to extend this Agreement for additional years. For this purpose, the City designates to the Parks Director and City Manager the authority to extend the Agreement for additional years on substantially the same terms and conditions contained herein. Docusign Envelope ID: DAE46C29-5154-402B-8589-F9A3065A8B2C 4. Responsibilities of the City of Oshkosh. The City of Oshkosh agrees, during the term of this Agreement or any extension thereof, to: Provide a mutually agreed upon location for the launching of the fireworks on July 4th or date of postponement if necessary. Provide all necessary police, fire and other appropriate protection necessary for proper crowd control and automobile parking. Provide and install all necessary safety zones, including snow fence, buoys, and other requisite materials. Provide a main contact person for the day of the fireworks show. Pay Festival Foods $15,000 each year toward the cost of the fireworks show within 30 days following each show. At their discretion, arrange for food trucks or other food/beverage services throughout the park on July 4th or the date of postponement. 5. Responsibilities of Festival Foods. Festival Foods agrees, during the term of this Agreement or any extension thereof, to: Provide a federally-licensed, trained and reputable vendor for the pyrotechnic displays that will furnish all labor, materials, fire protection and equipment to provide a 20–25-minute aerial pyrotechnics fireworks display annually for the Festival Foods Fireworks Show. Include the following provisions within the agreement with the pyrotechnic vendor: That the pyrotechnic vendor will be available for July 4th (primary date) and July 5th (postponement date) of each year. If the display cannot proceed on either of these dates, that the pyrotechnic vendor will work with the Parks Director or their designee to reschedule the event to another mutually agreeable date. Docusign Envelope ID: DAE46C29-5154-402B-8589-F9A3065A8B2C That the pyrotechnic show shall commence no earlier than 9:30 p.m. and no later than 9:45 p.m. each year, unless circumstances necessitating a delay is beyond the control of the City and/or the vendor. That the vendor shall provide a minimum of $10,000,000, Bodily Injury and Property Damage Insurance Policy which names Festival and the City of Oshkosh as additional insureds under the policy and the statutory limits for Worker’s Compensation Insurance. That Festival or the vendor shall obtain all permits and licenses required by the City and any other governmental authority to provide these services. That the vendor will provide fire extinguishers and all other safety equipment recommended by industry practice and required by the City of Oshkosh Fire Inspector for the protection of the City and third-party personnel, the general public and adjacent properties. That the vendor will transport all fireworks to the firing location in a closed vehicle that is properly identified in compliance with WDOT, state and local requirements. Under no circumstances are the fireworks to be left unattended at any time. That the vendor arranges a site visit with the Parks Director or designee at least 30 days prior to show date. That in the event the display is cancelled for any reason, the vendor is responsible for securing product and equipment in the staging area until the display is executed on the back-up date. That the vendor will identify and locate any unexploded shells. That the vendor shall remove all parts of shells not fired and clean up all debris immediately following the display to avoid danger of accident from partially exploded pieces. Debris shall be placed in shipping cans. Mortars shall be removed from the firing position and stacked securely. That after the display, the vendor will conduct a post display search of the area/fallout zone for any unexploded fireworks. That the vendor will conduct an early morning first light search of the display site. Docusign Envelope ID: DAE46C29-5154-402B-8589-F9A3065A8B2C If any unexploded shells or devices are found, that the vendor will properly dispose of said material. That the vendor is responsible for the removal of all equipment provided by vendor for the fireworks show. 6. Suspension or Delay of Show The City of Oshkosh and Festival Foods agree: That the City of Oshkosh Fire Chief will have sole discretion as to the decision to fire shells based on inclement weather, wind, crowd issues, security, etc. That in instances where circumstances require a delay of the display, the City’s Parks Director or designee and the fireworks vendor’s designee, mutually, will determine if the event is suspended for a minimal duration, or cancelled and rescheduled until the pre-arranged back up night. The decision to reschedule or cancel the display if the backup night is impacted by circumstances beyond anyone’s control is the responsibility of the City’s Park Director or designee. 7. Insurance and Hold Harmless Provisions. As provided in Paragraph 5 above, Festival shall require a vendor contracted with by Festival to fulfill the responsibilities of this Agreement by contract to provide a minimum of $10,000,000, Bodily Injury and Property Damage Insurance Policy which names Festival and the City of Oshkosh as additional insureds under the policy and the statutory limits for Worker’s Compensation Insurance. It is the intention of the parties that for claims, demands or actions pertaining to the activities of Festival and the City that each party shall be solely responsible for its own actions, inactions, and activities, including the actions and activities of its own officers, employees and agents while acting within the scope of their employment. a. Festival covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may arise to the proportionate extent caused by or resulting from the intentional or Docusign Envelope ID: DAE46C29-5154-402B-8589-F9A3065A8B2C negligent acts of Festival, its agents or assigns, or its employees. The relevant acts are those which are related to the performance of this Agreement or which are caused by or result from any violation of any law or administrative regulation. b. Subject to any and all immunities and limitations contained in Wisconsin Statutes, Sec. 893.80, and any applicable part of the Wisconsin Statutes, the City agrees to hold Festival harmless from liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), to the proportionate extent caused by or result from the intentional or negligent acts of the City, its agents or assigns, its employees, or its Sub-Consultants related to the performance of this Agreement or which may be caused or result from any violation of any law or administrative regulation, where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. 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. Signature Page to Follow Docusign Envelope ID: DAE46C29-5154-402B-8589-F9A3065A8B2C SKOGEN’S FOODLINER, INC/FESTIVAL FOODS By: _________________________________________ Nina Nesja CITY OF OSHKOSH By: _______________________________ Rebecca Grill, City Manager And: _______________________________ Diane Bartlett, City Clerk Approved as to form: _____________________________ ______________________________________ Lynn A. Lorenson, City Attorney Julie Calmes, Finance Director Docusign Envelope ID: DAE46C29-5154-402B-8589-F9A3065A8B2C