HomeMy WebLinkAboutBartolotta Fireworks 2011-2013 Lc y
Bartolotta Fireworks Company,Inc
PO Box 5
Genesee Depot,WI 53127 /� `�J Y 8
Phone: (262)968-4178 C/Ty ' 2,91?
Fax: (262)968-2254 Ct Fi ,
Sponsor: Date: 1/18/2011 Op
City of Oshkosh /1,6
c/o Ray Maurer
PO Box 1130
Oshkosh,WI 54903
CONTRACT
This contract entered into this 29`h day of March,2011,engages the services of Bartolotta Fireworks
Company,Inc.,(hereinafter referred to as"Bartolotta")to produce and perform a pyrotechnic display under
the following terms:
1. Bartolotta reserves the right to make substitutions as to the amount,size and description of
fireworks as called for in this Contract as reasonably necessary to address health and safety
concerns.
2. Bartolotta shall provide qualified pyrotechnicians who will deliver,set-up,execute and take
down the pyrotechnic display. The pyrotechnicians shall conduct an after-display search of
the grounds in an effort to locate and dispose of any unexploded fireworks. The extent of
such search shall be reasonably dictated by such elements as prevailing weather conditions,
time of completion of display,etc.
3. Bartolotta shall provide Liability Insurance in the amount of$5,000,000.00,naming the
Sponsor as an additional name insured. Further,Bartolotta shall provide Workman's
Compensation insurance on the assigned pyrotechnicians,and all necessary USDOT
transportation/trucking insurance of the shipment of the display items.
4. The cost of the display shall be$25,000.09. At the time of signing of this Contract,Sponsor
shall pay a deposit in the amount of$,0 The remaining balance shall be paid within 15 days
following completion of the display. A 2.5%Hazardous Material Handling fee will be charge
to every invoice(based on the display cost)along with any permit fees paid by Bartolotta. A
late fee of 1.5%per month shall apply to any unpaid balance remaining beyond this 10-day
period,and should there be additional display yet to be performed by Bartolotta,Bartolotta
shall have the right to terminate this contract with no further obligation for Bartolotta to
perform any remaining displays.
5. The date of the display shall be 7/3/11,7/4/12,7/4/13. In case of inclement weather,the
display will be rescheduled for(to be determined)at no additional charge to the Sponsor.
In the event inclement weather forces the cancellation of the display and the said display is
not rescheduled,the Sponsor shall pay the sum of$7500.00 for labor and restocking charges.
The decision of whether to proceed with the display based upon inclement weather or the
imminent threat of inclement weather shall be made by Bartolotta and the Sponsor. Bartolotta
shall have complete authority to cancel the display if,in the reasonable opinion of Bartolotta,
the health,safety,and well being of the pyrotechnicians and/or spectators would be
jeopardized by proceeding with the display.
6. Sponsor shall procure and furnish a suitable location for the fireworks display in accordance
with NFPA 1123,and shall secure all police,fire,local and state permits,and shall furnish all
necessary police,fire and other appropriate protection necessary for proper crowd control,
automobile parking,and supervision in clearing the debris after the display.
7. Sponsor explicitly acknowledges that an early morning search of the grounds/location the
morning after the display is of utmost importance. If any unexploded or defective fireworks
are found,that were missed during the inspection after the event,the Sponsor shall
immediately call Bartolotta and Bartolotta shall send a pyrotechnician to the location to
dispose of said materials. The morning after search of the grounds will be conducted by
�C ? ED
APR 18 2011
.
Sponsor. (Bartolotta crew members shall conduct this search when physically possible. If
distance or other conditions prohibit Bartolotta from conducting the search,Sponsor agrees to
conduct said search).
8. Bartolotta 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 Bartolotta,the Sponsor shall notify Bartolotta
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 detail as reasonably possible in relation to the nature and
extent of the loss.
9. Bartolotta shall perform all services required hereunder,except when prevented by strike,
lockout,act of God,accident,or other circumstances beyond Bartolotta's control.
10. This Contract shall be constructed by laws of the state of Wisconsin. In the event that any
provisions of this agreement are deemed unenforceable by any court of competent
jurisdiction,the remaining provisions hereof shall remain in full force and effect.
11. The Parties shall indemnify and hold one another,their directors,officers,employees,agents
and affiliates harmless from and against any and all damages,claims,costs,expenses
(including reasonable attorneys fees),and liability related to indemnifying Party's acts,
omissions or breach of warranty under this contract.
12. Sponsor agrees to indemnify and hold harmless Bartolotta for any and all cost and liabilities,
which Bartolotta may incur as a result,or arising out of products not supplied by Bartolotta or
the actions of individuals other than the pyrotechnicians and other employees of Bartolotta.
13. This Contract constitutes the entire agreement between the parties hereto and supersedes all
prior and contemporaneous agreements,understandings,negotiations and discussions,either
oral or executed in writing by the parties to be bound thereby. The waver of any provisions of
this Contract shall not constitute a waiver of any other provisions of this contract,
14. The party signing this document on behalf of the Sponsor warrant and represents that(s)he is
authorized to enter into this agreement on behalf of the Sponsor.
ADDITIONAL.PROVISIONS:
**This is a 3 year contract** **The City of Oshkosh will need to supply transportation of
fireworks and equipment to Monkey Island for the fireworks displays**
BART sa OTTA FIREWO• CO.MC: CITY OF OSHKOSH:
By: '`_—
Date Signed: / /Q /c/ Date Signed: V / 7 /
Address: P.O.Box 5 Address: PO Box 1130
Genesee Depot,WI 53127 Oshkosh,WI 54903
Phone: 920-236-5080
Email: C 1 Ptir C/• DSA/coS ,41/ Irs
*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.
RECEIVED
APR 18 2011
(1) May.15,2013
C�
Ra"imaurer:
C ' Parks Director
•• ' ' 1...12-i. .
City.ofOshkosh
E„.,
805.Witzel Avenue
U
Oshkosh,WI 54902
C
(926}236-5080
I ` ,rmaurer cl.oshkosh w1.us
I.
iliimmial
This.letter acknowiedges that the 2013 Clty of Oshkosh fireworks display will be an July 5'h,
2013 rather,than July 4t'per our 3 year agreement.from 1/18/2011.
ERespect uily,
• fly A -: f -N/ 1 - - -- : - : . -- - ' - - .
- L.,,,cn . r_Jeffrey A Bartolotta
'" President
Q -
P0.BOX 5 ..GENESEE DEPO'{ Si. 53127
.1-800-444-5705 .'(282)968.4178•.;FAX(2$2)988 2254• www.bartolottatireworks.com.
CITY OF OSHKOSH-PURCHASING PURCHASE ORDER NO. 120709
215 CHURCH AVE. THIS NUMBER MUST APPEAR ON ALL PACKAGES,
PO BOX 1130 SHIPPING PAPERS.INVOICES AND CORRESPONDENCE:.
OSHKOSH, WI 54903-1 130 • INVOICE IN DUPLICATE TO: CITY OF OSHKOSH
PHONE: (920)236-5100 Of HKOJ r H ACCTS.PAYABLE
PO BOX 1130
ON THE WATER OSHKOSH,WI 54903-1130
L �B
00001849 ARTOLOTTA FIREWORKS CO INC City Hall
P 0 BOX 5 215 Church Ave
Oshkosh, WI 54901
IGENESEE DEPOT WI 53127
L� �1 O
DATE DATE WANTED DEPARTMENT REQUISITION N Federal Tax Exemption F.O.B.
05/30/13 6071 0(.01O )000021242 NO.39-73-0056-K OSHKOSH -
QUANTITY U of M DESCRIPTION UNIT PRICE AMOUNT
100-0911-6466-00000
1 EA 2013 JULY 4TH FIREWORKS DISPLAY PER 25000.000 25,000.00
CONTRACT DATED 1/18/11
2.5% HAZARDOUS MATERIAL HANDLING FEE
(BASED ON DISPLAY COST)
TO BE REIMBURSED: 1/2 BY FESTIVAL FOODS
* * * C O N F I R M I N G O N L Y * * *
DO NOT DUPLICATE ORDER
1000911646600000 25000,.00
LAM
-3o- ' I l l
U L._7 iLJJ�1
•
•
25,000.00
DATE RECEIVED RECEIVED BY
RECEIVING COPY
T ty ofsing h REQUISITION
From Parks Date 5-29-13 P.O. No.
Date Required Deliver To
Acct. No. Quantity Description Unit Price Amount
100-0911-6466- 2013 July 4th fireworks display per Contract(attached)dated
00000 1.00 1118111: $25,000.00 $25,000.00
1.00 2.5% Hazardous Material Handling fee(based on display cost) $ 0.00
To be reimbursed: 1/2 by Festival Foods $ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
Bartolotta Fireworks FAX 262-968-2254 $ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0,00
Total: $25,000.00
Suggested Vendor Bartolotta Fireworks Company Inc. ❑ To be ordered
Vendor's Address PO Box 5, enesee Depot, WI 53127 ® Already Ordered
Requisition By 1, �' Purchasing Approval D Already Received
PARTIAL RECEIVING REPORT
CITY OF OSHKOSH
VENDOR: ¼ ' j' ' &' PURCHASE ORDER NO.
Po ,8
V1/).' Y s
e..
lY W; 10-1, 53/01 PURCHASE ORDER DATE s/a2/
ACCOUNT NUMBER QUANTITY DESCRIPTION AMOUNT
006,00 7/s//3
1/4 , SOD �'"'-.
RECEIV D BY
S130/13
DATE RECEIVED
INVOICE
�► ���r i-- iR` �� invoice Number. 1615
i ; = a j I Invoice Date: May 7,2013 •
Pit K s Page: 1
P.O. Box 5 Duplicate
Genesee Depot,WI 53127-0005
Voice:262.968.4178
Fax:262.968.2254
e`Il�orR � i {4g :% iii w ._ ,' www.bartolottafireworks.com
CITY OF OSHKOSH
PO BOX 1130
OSHKOSH,WI 54903-1130 r. You Tube
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2013 FIREWORKS Net 10 Days 5/17/13
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� !y�' ice:°� �;...7w ���{(q,3� � �- 'D$SCC�}��Qflg}!� j)���`���'�,^�3'e1?���a� .k, �z4'� ;r� t'}},,�" �f�g�j(�(� ( �°.h�a 'fit
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1/2 OF THE FIREWORKS DISPLAY FOR JULY 5TH,2013 12,500.00
Subtotal 12,500.00
Total Invoice Amount 12,500.00 _
Payment/Credit Applied
Check/Credit Memo No: ;�xrir a as Y E5664561
-
Thank You for your business ! ! Questions? Please email Gina.
Gina@bartolottafireworks.com
MAKE CHECKS PAYABLE TO: INVOICE NO:
11 CITY OF OSHKOSH
��,� 215 CHURCH AVE. 26275
OfMQIN PO BOX 112$
OSHKOSH,WI 54903-1128 1111111111111111 1111111111111111 IIII IlI[I[I
oanieWAWA
(920)236-5019
11011 1N1111111111111
III 11111IIII1IIIIIII 111
Amount
TO: FESTIVAL FOODS of Remittance: $12,500.00
ATTN: SUPPORT CENTER
237 SECOND AVENUE SOUTH
ONALASKA WI 54650
Invoice Date I Department I Due Date
JUN 05 2013 CONCERT/PATRIOTIC CELEBRATIONS JUL 05 2013
PLEASE ENCLOSE TOP PORTION AND REFERENCE INVOICE NO,ON YOUR CHECK AMOUNT
REIMBURSEMENT OF PAYMENT TO BARTOLOTTA FIREWORKS CO FOR THE
4TH OF JULY FIREWORKS
DISPLAY ON JULY 5, 2013 AT THE SAWDUST DAYS FESTIVAL IN MENOMINEE PARK
(THEIR HALF)
FIREWORKS 12,500.00
•
FEDERAL TAX ID N39-6005563 INVOICE NO: PLEASE REMIT OF OSHKOSH 26275 THIS AMOUNT $12,500.00
215 CHURCH AVENUE
PO BOX 1128
OSHKOSH,WI 54903-I 128
PROPERTY CHARGES l IIAT ARE DELINQUENT AS OF OCTOBER 3IST WILL BE PLACED ON THE PROPERTY OWNER'S TAX BILL.
A LATE PAYMENT CHARGE OF 1%PER MONTH MAY BE ADDED TO PAST DUE BALANCES,