Service Solicited - 2023 - Fireworks & Stage FX America, LLC dba: Fireworks America - Pyrotechnic Public Display Eagle Fun Days Fifeworks
& S t a g e F X PYROTECHNIC PUBLIC DISPLAY
America CONTRACT
Fireworks&Stage FX America,LLC BATF License Number:
dba: Fireworks America 9-CA-073-2o-6B-01843
PO Box 488 9-CA-073-23-6B-o1844
Lakeside,CA 92040
619-938-8277 California Licenses:
619-938-8273 Fax GPD-0528
I/E-1129
W-1132
1) This Contract,entered into this llth day of April, 2023,by and between
FIREWORKS&STAGE FX AMERICA,LLC.,dba FIREWORKS AMERICA,
a California Corporation, duly licensed by the Federal Bureau of Alcohol,Tobacco,Firearms
and Explosives and the State of California,hereinafter referred to as"FA"and
CITY OF EAGLE hereinafter referred to as "BUYER".
2) FA agrees to furnish BUYER,in accordance with the terms and conditions set forth herein,
One(1)fireworks/special effects display as per Program A,submitted,accepted and
made part hereof,and the services of a licensed pyrotechnic operator who will be in charge of
the execution of said display unless otherwise agreed in writing. This display is to be performed
on July 7, 2023,located at Eagle,Idaho.
The time of the display is to be at: After to PM
3} BUYER agrees to pay FA the sum of:Twenty Thousand Dollars and No Cents
($20,000.00),per the following terms:
5o%of the Sum is to be paid to FA at the signing of the Contract,Balance Net io Days After Display
Contract and Deposit to be received by: 5/12/2023
4)Should the BUYER default on these payment terms,a finance charge at a rate of 1.5%per month,
18%annuaI percentage rate,or the maximum rate permitted by law,whichever is greater,will be
charged and accrued on the unpaid balance of the Contract until the Contract is satisfied.
FA is hereby authorized to receive BUYER's financial information from any person or entity for the
purpose of verifying BUYER's ability to pay.
5) BUYER,at its expense, agrees to provide FA a suitable DISPLAY SITE in which to
stage,setup and fire the display. This DISPLAY SITE will incorporate an appropriate fallout zone,
which has to be approved by FA,and that will fulfill any requirements set forth by any governing legal
authority. Should the proposed site require the involvement of specialized equipment,watercraft or
clean up,BUYER agrees to provide said equipment and labor at BUYER's expense.
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Fireworks America Public Display Contract
6) BUYER,at its expense,agrees to provide adequate security to prevent any access to the
DISPLAY SITE by members of the general public or any persons not expressly approved by FA. Any
claim arising from damage to persons or property caused by any unauthorized access to the
DISPLAY SITE is the sole responsibility of the BUYER. Should a multiple day setup be required,BUYER
shall provide appropriate security during all the times FA is away from the DISPLAY SITE.
7) BUYER,at its expense,agrees to pay for any required"standby"Firemen,and/or any
applicable permit costs and fees as required by state and local statutes,ordinances or regulations.
BUYER agrees to indemnify FA for any and all changes or adjustments made to the DISPLAY at the
request of any governing legal authority.
8) BUYER,at its expense,shall provide FA sufficient parking,all necessary site and event passes and
allow FA sufficient time and available access,as determined by FA,to safely and professionally setup
and discharge the display and subsequently remove the display equipment from the DISPLAY SITE.
9) Should BUYER fail to comply or prove itself unable to comply with the requirements stated in
paragraphs 5,6,7 and 8 herein,FA shall have no obligation to continue with the performance
of the display and the BUYER agrees to pay the full contract price plus any additional associated
expenses incurred by FA.
10) BUYER agrees to assume the risk of weather,or any other cause that is beyond FA's control,
that may prevent the display from being discharged on the scheduled date and time. In the event
that FA,at its sole discretion,determines that the weather unsuitable for the discharge of the display,
BUYER shall pay per the cancellation terms contained in paragraph 11 herein.
11) BUYER shall have the option to cancel this display at any time. If BUYER decides to cancel,BUYER
agrees to pay to FA 35%of the display contract price and all other associated costs incurred by FA,
including,but not limited to,permits,insurance,pyrotechnic operator's fee,transportation,choreography,
custom design or any other provable expense associated with the execution of the Display.
12)BUYER agrees to hold FA harmless from all claims and penalties made against FA in the event that
the display fails to start on time or is disrupted after commencement as a direct result of equipment or
product malfunction or failure.
13) FA agrees to provide insurance coverage of Ten Million Dollars,Bodily Injury and
Property Damage and statutory limits for Worker's Compensation. This insurance covers the
operations of FA only and does not extend to any other aspect of the event at which such a
display may be held. FA's operations are deemed complete when FA has vacated the
premises.
14) Should BUYER fail to perform its obligations as set forth herein,BUYER agrees to
indemnify,defend and hold FA harmless from all claims and suits made against FA in
conjunction with the discontinuance or cancellation of the display.
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Fireworks America Public Display Contract
15) FA agrees to defend,indemnify and hold harmless BUYER from and against all claims and
liability arising out of the services to be performed by FA hereunder,except to the extent arising
from BUYER'S negligence or willful misconduct.
16)The laws of the State of Idaho shall govern this contract. It is agreed that any court of
competent jurisdiction located in the County of Ada,Idaho shall be proper venue for an action.
Should such action be brought to enforce or interpret the terms or provisions of this Contract,
the prevailing party shall be entitled to reasonable attorney fees and costs in addition to any other
relief to which they may be entitled.
17) Nothing in this contract shall be construed as forming a partnership,joint venture,agency or
any form of legal relationship,other than contractual,between BUYER and FA. Neither party
shall be held responsible for any agreements or obligations not expressly provided for herein
and shall be severally responsible for their own separate debts and obligations.
18) BUYER shall not under any circumstances,be entitled to recover any consequential
damages from FA.Nothing in this paragraph shall be construed as a modification or limitation
on the insurance coverages afforded in Paragraph 13 herein.
19) Other Considerations: NONE
20) This agreement shall be binding on the parties and on their heirs,executors,administrators,
successors and assigns.
In Witness the parties hereto,by or through their duly authorized agents,have set
their hands and seals this firth day of April,2023.
Fireworks&Stage FX America,LLC. City of Eagle
By: Dawn Worley By jasp✓
Title: Idaho Manager Title: 14xM(S✓*
Signature: �� Signature:
Council Approval: //1`5/20�-3
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