HomeMy WebLinkAboutBartolotta Fireworks Company/2014-2016 Bartolotta Fireworks Company,Inc
PO Box 5
Genesee Depot,WI 53127
Phone: (262)968-4178
Fax:(262)968-2254
Sponsor:
Date: 8/16/2013
City of Oshkosh
do Ray Maurer
PO Box 1130
Oshkosh,WI 54903
CONTRACT
This contract entered into this 16th day of August,2013,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$25,000.00. Sponsor shall pay a deposit in the amount of
$12,500.00 which will be invoiced May 1st of each year.The remaining balance shall be
paid within 30 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 30-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 7/4/2014,7/4/2015,7/4/2016. 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.If Sponsor would like to change the date of the
display,Bartolotta would request 60 days notice.
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. The morning after search of the grounds
will be conducted by Bartolotta for this display,however 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. If distance or other conditions prohibit Bartolotta from conducting
the search, Sponsor agrees to assist 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.
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.
15. 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.
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**
BARTOL II T:+ F RE .OR . !, INC: CITY OF OSHKOSH:
By: 4 Ac 1 I By:
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Date Signed: I �.'1 / 13 Date Signed: 7 / "1 / /3
Address: P.O.Box 5 Address: PO Box 1130
Genesee Depot,WI 53127 Oshkosh,WI 54903
Phone: 920-236-5080 / / ,
Email: frig l0l^I �e G i. DS hlfesk. w i. 4f