HomeMy WebLinkAbout10-062 - Entertainment Fireworks - 2010 Family 4th Fireworks10 -062
Council Approval N/A
ENTERTAINMENT FIREWORKS, INC.
DISPLAY AGREEMENT
1. This agreement, entered into this 1s day of May 2010, and between Entertainment Fireworks, Inc., hereinafter
referred to as "EFI and City of Tukwila (Tukwila's Family Fourth at the Fort), herein after referred to as
PURCHASER.
2. EFI agrees to furnish PURCHASER, in accordance with terms and conditions hereinafter set forth, 1 fireworks display
per PROGRAM A, proposed, accepted and made part hereof, together with the services of a pyrotechnic operator
licensed for the state of the display to be in charge of, and along with sufficient crew to safely discharge the display.
Said display is scheduled to be performed on the 4th day of July 2010, at 14600 Starfire Way, Tukwila WA.
3. PURCHASER, at it's own expense, agrees to provide to EFI: A) A suitable DISPLAY SITE in which to stage the
fireworks display, including a firing and a fallout zone acceptable to EFI in which the fireworks and fireworks debris
may be exhibited, rise and fall safely. B) Adequate policing, guard protection, roping, fencing, and /or other crowd
control measures to prevent the access of the public, or it's property not authorized by EFI into the display site. C)
The services and cost of standby firemen and /or applicable permit fees as required by state and local statutes,
ordinances or regulations. D) Access by EFI, at all times to the DISPLAY SITE to set up the display. If PURCHASER
fails to fully comply with all requirements of A, B, C, and /or D set forth above, EFI shall have no obligation to perform
and PURCHASER agrees to pay EFI the entire contract price plus any additional expenses incurred because of said
failure. If in it's sole discretion, PURCHASER designates an area for members of the public to view the display
"spectator area and /or area for parking vehicles, "parking area the PURCHASER shall: E) Ensure that the
Spectator Area does not infringe on the Display Area; F) Have sole responsibility for insuring that the terrain of the
Spectator Area and any structures thereon, including, but not limited to grandstands and bleachers are safe for use
by spectators; G) Have sole responsibility for insuring that the Parking Area is safe for use; H) Have sole
responsibility to police, monitor, and appropriately control spectator access to the Spectator Area and Parking Area
and police, monitor and appropriately control the behavior of persons in these areas. It is expressly agreed that EFI,
(including it's operators and crew) shall not inspect, police, monitor or otherwise supervise any area of the site other
then the Display Area, except to insure: I) That any Spectator or Parking Area are outside the Display Area; and J)
After completion of the Display, that the Display Area is cleared of any live fireworks debris originating from the
program.
4. PURCHASER shall pay to EFI Sixteen Thousand Dollars ($16,000.00), plus a $25.00 fuel surcharge as
applicable. Full final payment is due within ten (10) calendar days after the date of the display. A finance charge at
a periodic rate of 1.5% per month, 18% annual percentage rate, or the maximum rate permitted by law, whichever
is less, will be charged on the unpaid balance after 10 days from the date of the display. PURCHASER, by signing this
agreement, authorizes EFI to receive and verify financial information concerning PURCHASER from any person or
entity.
5. PURCHASER agrees to assume the risk of weather, or causes beyond the control of EFI which may prevent the
display from being safely discharged on the scheduled date, which may cause the cancellation of any event for which
PURCHASER has purchased the display, or which may or effect or damage such portion of the exhibits as must be
placed and exposed a necessary time before the display. It shall be within EFI's sole discretion to determine whether
or not the display may be safely discharged on the scheduled date and at the scheduled time. If for any reason
beyond EFI's control, including, without limitation, inclement weather, EFI is unable to safely discharge the display on
the scheduled date or should any event for which PURCHASER has purchased the display be canceled, the parties
shall attempt to negotiate a new display date, which shall be within 60 days of the original display date. PURCHASER
further agrees to pay EFI for any reasonable additional expenses made necessary by this postponement. If they are
unable to agree on a new display date, EFI shall be entitled to liquidated damages from PURCHASER as if
PURCHASER had canceled the display on the date set for the display, as provided in the following paragraph.
6. PURCHASER shall have the option of unilaterally canceling this display prior to the date of the display. If PURCHASER
exercises this option, PURCHASER agrees to pay EFI, as liquidated damages, the following percentages of the agreed
contract price: 1) 25% if cancellation occurs three (3) or more days before the date scheduled for the display, 2)
50% if cancellation occurs within two (2) days of the actual date set for the display, 3) 75% if the cancellation occurs
on the date set for the display but prior to the time physical set -up of the display actually begins, 100% thereafter.
If cancellation occurs prior to the date of the display, PURCHASER agrees to pay EFI, in addition to the above
percentages, the reasonable value associated with any specific custom work performed by EFI or it's agents including
but not limited to music, narration tape, production and /or sponsor logo.
7. In the event the PURCHASER cancels the display, it will be impractical or extremely difficult to fix the actual amount
of EFI's damages. The foregoing represents a reasonable estimate of the damages EFI will suffer if PURCHASER
cancels the display.
8. EFI reserves the ownership rights and trade names used in or a product of the pyrotechnic display to be performed
herein. Any reproduction by sound, video or other duplication or recording process without the express written
permission of EFI is prohibited.
9. EFI agrees to furnish insurance coverage in connection with the display only, for the following risks and amounts:
bodily injury and property damage, including products liability ONE MILLION DOLLARS ($1,000,000) combined single
limits. Such insurance shall include PURCHASER as an additional insured regarding claims made against PURCHASER
for bodily injury or property damage arising from the operations of EFI in performing the Display provided for in this
Agreement. Such insurance afforded by EFI shall not include claims made against PURCHASER for bodily injury or
property damage arising from A) Failure of PURCHASER, including through or by it's employees, agents, or
independent contractors, to perform it's obligations under this Agreement, including, without limitation, those
contained in paragraph 3 of this Agreement: B) Failure of the PURCHASER to provide discretionary spectator and
parking areas referred to in paragraph 3 of this Agreement. PURCHASER shall indemnify and hold EFI harmless from
all claims and suits made against EFI for bodily injury or property damage arising from A) and B) of the paragraph.
10. If any legal action is brought to enforce or interpret the terms or provisions of this agreement, the prevailing party
shall be entitled to reasonable attorney fees and costs in addition to any other relief to which they may be entitled.
This agreement shall be interpreted under the laws of the State of Washington. It is further agreed that if the courts
of the State Of Washington shall have exclusive jurisdiction to adjudicate any disputes arising out of this contract or
the performance of the display provided for herein. It is further agreed that the Superior Court of Thurston County,
Washington, shall be the proper venue for any such action.
11. In the event EFI breaches this agreement, or is otherwise negligent in performing the fireworks display provided
herein, PURCHASER shall, under no circumstances be entitled to recover monetary damages from EFI beyond the
amount PURCHASER agreed to pay EFI under this agreement. PURCHASER shall not, under any circumstances, be
entitled to recover any consequential damages from EFI including, without limitation, for loss of income, business, or
profits. Nothing in the paragraph shall be construed as a modification or limit to the insurance afforded in paragraph
9) above.
12. It is agreed, nothing in this Agreement or in EFI's performance of the display provided for herein, shall be construed
as forming a partnership or joint venture between PURCHASER and EFI. The parties hereto shall be severally
responsible for their own separate debts and obligations and neither party shall be held responsible for any
agreements or obligations not expressly provided for herein. All terms of this agreement are in writing and may only
be modified by written agreement of both parties hereto. Both parties acknowledge that they have received a copy
of said written Agreement and agree to be bound by said terms of written agreement only.
13. Any notice to the parties required under this agreement shall be given by mailing such notice in the U.S. Mail,
postage prepaid, first class, addressed as follows: ENTERTAINMENT FIREWORKS, INC., P.O. Box 7160, Olympia,
Washington 98507. PURCHASER's address shall be 12424 42 Ave S, Tukwila WA 98168.
14. If there is more than one PURCHASER, they shall be jointly and severally responsible to perform PURCHASER's
obligations under this agreement. This agreement shall become effective after it is executed and accepted by the
PURCHASER and then after it is executed by EFI at EFI's offices in Olympia, Washington. This agreement may be
executed in several counter parts, including faxed copies, each one of which shall be deemed an original against the
party executing same. This agreement shall be binding upon the parties hereto and upon their heirs, successors,
executors, administrators, and assigns. PURCHASER recognizes that because of the nature of fireworks, an industry
accepted level of 3% of the product used in any display may not function as designed and this level of
nonperformance is accepted as full performance.
SIGNED ON THIS DATE
�:GC.UI
ab/O Pricing herein is firm through May 20, 2010.
FOR PURCHASER: Cit of Tukwila Program A; Display Date: 7/4/2010
X
FOB ERTAINM T I INC.
71
:J. Title: CJ
rI
Title: /a
Program A
May 1,2010
Your Year 2010
Fireworks Display
Proposal
Exclusively Prepared For:
City of Tukwila
Tukwila's Family 4111
at the Fort
July 4, 2010
Entertainment Fireworks, Inc.
A Place of Excellence in Pyrotechnics TM
Producers of Fireworks Entertainment including
ABC's "Good Morning America" November 2007
Christmas Lighting Nationwide Broadcast Coeur
d'Alene Resort, City of Coeur d'Alene, Idaho.
May 1, 2010
Tracy Gallaway
City of Tukwila
Parks Rec Department
12424 42 Ave South
Tukwila WA 98168
Dear Tracy:
Enclosed for your review and consideration is our Proposal "A" in the amount
of $$16,025.00 for your July 4 th fireworks display. The price is all- inclusive
per the following proposal.
If there are any effects that you would particularly like to see in this display
please feel free to discuss this with us.
For this and any questions you may have, please contact us at 360 -352-
8911, fax to 360 352 -0205 (email: efi @pyrotech.com). Also, visit
Entertainment Fireworks, Inc. on the worldwide web at: www.pyrotech.com.
Included in our proposal package are two copies of our Display Agreement for
your review. Please approve and return both copies. We will validate them
with an officer's signature and return a copy for your records.
Thank you for the opportunity to submit this proposal. It would be a privilege
to work with you.
Sincerely,
ENTERTAINMENT FIREWORKS, INC.
Judy Julian
President
City of Tukwila Program A
July 4, 2010
Entertainment Fireworks, Inc. is pleased to present this proposal for
your July 4 2010 fireworks production. This is a complete program
and includes:
Licensed Operator and Crew
Transportation
Worker's Compensation
Liability Insurance Coverage
All Equipment to Fire Display
Administrative Coordination (all necessary permits and licenses)
Entertainment Fireworks purchases quality pyrotechnic materials from
select sources in the United States, Europe, and Asia to provide your
event with the best varieties possible.
These products have been selected with consideration of your budget,
location and display to achieve, in our professional opinion, the
maximum variety of color, size and overall effect.
If you wish to make any adjustment to quantities suggested, we would
be happy to make changes of equivalent values at your request.
The following descriptions are representations of the types of aerial
shells and other pyrotechnic materials to be used in your fireworks
display.
Page 1
A nd now to introduce your program...
City of Tukwila Program A
July 4, 2010
3 -inch Aerial Shells
4 -inch Aerial Shells
5 -inch Aerial Shells
6 -inch Aerial Shells
160
12
Page 2
Fireworks Display Proposal
Aeria Disp ay She s
Color
Fancy
Color
Fancy
Color
Fancy
Color
Fancy
48
24
48
24
48
24
60
30
Specia ty Disp ay Products
Salutes: 30." Titanium Flash Heavy Report (total of chained
or single salutes)
Multiple Shot Aerial Display Devices (Description of
Varieties):
(8) 3.0" 25 -shot 1.3G Cake Items
(1) 2.0" 50 -shot Noise Effect Cake
(3) 2.5" 36 -shot Noise Effect Cake
City of Tukwila Program A
July 4, 2010
1 Total 3" Shells
1 Total 4" Shells
1 Total 5" Shells
Total 6" Shells
1 Total Specialty Display Products
1
1 GRAND TOTAL
Page 3
Fireworks Display Proposal
Disp ay She Recap
Grand Finale
Finale Shells: A magnificent display of fantasy in the sky. Sounds of bursting
barrages and a star break of spectacular colors. Shells simultaneously
bursting in the sky, spreading a glorious rainbow of colors and lighting up the
heavens with breathtaking beauty. A very special ending to your evening of a
grand display of fireworks.
Quantity
72
72
72
90
172
478
2" Finale Shells 30
2 1 /2" Finale Shells 20
3" Finale Shells 18
4" Finale Shells 9
TOTAL FINALE SHELLS 77
City of Tukwila Program A
July 4, 2010
Fireworks Display Proposal
FIREWORKS ITEMS VS. SHELL COUNT OR SHOTS
This proposal is calculated on actual pyrotechnic units planned for
display at the event, NOT on volume of shots.
12 Multi -Shot Cake Devices are included in the pyrotechnic unit
count as the basis for this proposal. These 12 units are capable of
projecting 358 shots.
In preparing your DISPLAY SHELL RECAP, 12 devices are used to give
you a practical sum of the total units, and does not total the number of
shots these devices can perform.
Page 4
City of Tukwila Program A
July 4, 2010
DEPOSIT: $N /A
NOTE:
Page 5
Fireworks Display Proposal
RECAP
DISPLAY INVESTMENT: $16,025.00 USD.
Includes all expenses, plus choreography /music fees
if applicable, except police or other protection to
prevent intrusion of the public onto the firing
grounds, and /or services of a standby fireman.
LIABILITY INSURANCE: Public liability and property damage insurance in the
sum of $1,000,000 and provided compensation
insurance for all help and assistance as required by
state laws governing Fireworks Displays. Additional
insurance coveraae is available.
Customer to provide sand (if applicable) and
security. Charges for barges and tugs, if applicable
to the event, will be billed directly to the sponsor.
CONTRACTS AND DELIVERIES MAY BE SUSPENDED
OR CANCELLED PENDING ANY CONTINGENCIES
BEYOND THE FIRM'S CONTROL, E.G. FORCE
MAJEURE, LOCKOUTS, STRIKES, ACCIDENTS,
TEMPORARY STOPPAGES, WAR, OR THE LIKE.
Refer to enclosed contract for specific terms of this
agreement.
Entertainment Fireworks, Inc.®