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03-13-2024 Council Packet
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03-13-2024 Council Packet
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<br /> <br />DISPLAY CONTRACT AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into on this 26th day of February, 2024 between RES Pyro <br />hereafter referred to as the SELLER and City of Little Canada, hereafter referred to as the BUYER. <br />IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: <br /> <br />Service Provided Outdoor Fireworks Display <br />Date(s) Friday, August 2nd, and Saturday, August 3rd, 2024 <br />Time 10:00pm (approximately) <br />Duration 15-16 minutes (depending on intensity) <br />Location Spooner Park, Little Canada, MN <br />Event Sponsor City of Little Canada <br />OBLIGATIONS OF SELLER: <br />SELLER shall provide all materials, equipment, and personnel necessary to perform the above- <br />mentioned display. <br />SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2018 <br />edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2016 edition. <br />SELLER shall provide a Certificate of Liability Insurance in the amount of $5,000,000.00 to cover the <br />fireworks display and cleanup. BUYER shall be listed as Certificate Holder on the Certificate of Liability <br />Insurance. All individuals/entities listed on the certificate of liability insurance will be deemed an additional <br />insured per this contract. <br />OBLIGATIONS OF BUYER: <br />BUYER shall provide a suitable location for firing of the fireworks display. <br />BUYER shall provide and cover all costs for security of the display site and cleanup beyond the launch <br />area of the display site. <br />TERMS AND CONDITIONS: <br />The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude <br />upon the completion of the display. However, if before the date of the scheduled performance, the <br />BUYER has not performed fully its obligations under the terms of this agreement or that the financial <br />credit of the BUYER has been impaired, the SELLER may cancel this agreement at any time. <br />In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the <br />option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the <br />SELLER for any damages, compensation or costs incurred including but not limited to attorney and court <br />fees in addition to the compensation herein. <br /> <br />The SELLER shall retain the right to stop or interrupt the display at any time if, in the opinion of the <br />SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually <br />agreeable date.
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