HomeMy WebLinkAboutContract #: 1762 - From: 07-25-2024 To: 07-25-2027 - Pyrotecnico - Town Manager Contract : C25-0034
Land Based Display Bement
Pyrotecnico Fireworks, Inc.
v�.
P.O.Box 466
laffley NH 03452
TM Tel:(+603)532-8324
VITALE FAMILY FIREWORKS * QR B mXW.? :rotecnJgo-co.n':9.
This agreement as of this2 rd day off, 20 4 by and between Pvrotecnico Flreworks. Inc.,of Jaffrey, New
Hampshire("PYROTECNICO")and Town of North A lover("CUSTOMER)of 120 Main Street.North Andover, MA
01845 hereby agree as follows("Agreement").
1. Ewa ee ment: CUSTOMER hereby engages PYROTECNICO to provide to CUSTOMER a fireworks display (°`Display'°), and
PYROTECNICO accepts such AGREEMENT upon all of the promises,terms and conditions hereinafter set forth. The Display shall
be outlined in the Bid,RFP,Quote or Proposal and attached hereto and incorporated herein as Appendix A.if applicable.
1A PYROTECNICO Duties: PYROTECNICO shall provide all pyrotechnics, pyrotechnic equipment, licensed and trained
personnel,applications for permits(the cost of which,Including all public ty and security fees,which shall be paid by
CUSTOMER), worker compensation Insurance by state statute, automobile insurance and liability insurance (solely
coveting pyrotechnic activity by PYROTECNICO)relating to the Display described in this Agreement.
1.2 CUSTOMER Duties:CUSTOMER shall provide to PYROTECNICO a suitable site C °)for the Display,security for the
Site as set Forth in Paragraph 6 hereof,access to the SITE,any permission necessary to utilize the Site for the Display,
and thEr er responsibilities as may be set forth in this Agreement. All Site arrangements are subject to
PYROTECNICO's reasonable approval as to pyrotechnic safety,applicable State regulations,suitability and security. AN
other conditions of the Site shall be the responsibility of CUSTOMER,including, but not limited to,access, use,control,
parking and general safety with respectto the public as outlined In paragraphs 5 and 6 of this Agreement
2. Fireworks Display:CUSTOMER agrees to pay Pyrolecrtloo,the total'ContactAmount'for a Display,on the following date(s),time,
and location as follows:
Display Amount: s1s,500,00 Display Date: 7 5!
Permit Fee(s): Postponement Date:
Miscellaneous: Time of display: A:.
Total Contract Amount: 15,-5—OMO0 Location: _I
Less Deposit Amount: N _,MA
Balance Due: 1
Other. ..., .,_. ..�
2.1 posit:CUSTOMER agrees to pay Pymtecnico the'Deposit Amounf by.NIA
2.2 Payments:CUSTOMER may make payment by cash.check,credit card orwire transfer,For all credit card transactions
there will be a 3.5%fee added to the payment amount
2.3 Interest: In the event that the 'Total ContractAmount'Is not paid In full within 30 days after the Date of Display,
CUSTOMER will be responsible for the additional payment of 1.5 Interest per month or 1 %annually on the unpaid
balance. If Pyrotecnico prevails in any litigation arising out of this Agreement It shall be entitled to all costs Incurred in
connection with the litigation,including but not limited to reasonable attorney's fees.
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7. : PYROTECNICO shall be responsible for the removal of all equipment provided by PYROTECNICO and dean up of any
'Live"or"Unexploded"pyrotechnic material(shall mean any device that contains unexploded mixtures orcomponents)associated
with the Display. CUSTOMER shall be responsible for the SITE after 9:00 a.m.the day following the Display for any other cleanup
f'non-pyrotechnic" debris(non-pyrotechnic debris shelf mean paper, paper disks, plastic, foil, rubber bands, etc.)that may be
associated with the Display. CUSTOMER shall provide PYROTECNICO with a trash receptacle or other suitable means for the
disposal of all non-pyrotechnic material;cardboard boxes and incidental lumber from the Display. PYROTECNICO Is not responsible
for replacing sod,dirt,or gravel to its original condition,or the cleaning up of sand or nonlrymtechnic debris.
8. Insurance:PYROTECNICO agrees to provide;1)General Liability insurance coverage for damages to persons or property arising
from or related exclusively to the Display provided by PYROTECNICO;2)Automobile Liability Insurance;3)Workers'Compensation
Insurances(by State Statute.) The description,certificate holder and additional insured,If any,will be provided upon request.
9. 1.0derno fi _ on: PYROTECNICO represents and warrants that it is capable of furnishing the necessary experience,personnel,
equipment,materials,providers,and expertise to produce the Display In a safe and professional manner. Notwithstanding anything
in the Agreement to the contrary, PYROTECNICO shall indemnify, hold harmless, and defend CUSTOMER and the additional
insured"s from and against any and all claims,actions,damages,liabilities and expenses,including but not limited ,attorney and
other professional fees and court costs,in connection with the loss of life,personal irqury,and/or damage to property,arising from
or t of the Display and the presentation thereof to the extent such are occasioned by any act or omission of PYROTECNICO,their
agents, traproviders,or employees. CUSTOMER shall Indemnify, hold harmless, and defend PYROTECNICO
from n against any and all claims, actions, damages, liability and expenses, Including but not limited to, attorney and other
professional fees and court costs In connection with the loss of life,personal injury,and/or damage to property,arising from or out of
the Display and the presentation thereof to the extent such are occasioned by any ad oromission of CUSTOMER,its officers,agents,
contractors,vendors,providers,or employees. In no event shall either party be liable for the consequential damages the other
10. Imitation of Damages for Ordinary 8 ch: Except in the case of bodily injury and property damage as provided in the insurance
and Indemnification provisions of Paragraphs 8 and 9 above, In the event CUSTOMER claims that PYROTECNICO has breached
this Agreement or was otherwise negligent in performing the Display provided for herein,CUSTOMER shall not be entitled to claim
or recover monetary damages from PYROTECNICO beyond the amount CUSTOMER has paid to PYROTECNICO under this
Agreement and shall not be entitled to claimrecover any consequential damages m PYROTECNICO including, without
limitation,damages of Income,business or proft.
11. Warranty and Disclaimer: PYROTECNICO acknowledges and CUSTOMER agrees that it Is an acceptable industry occurrence to
experience up to three t('3%)of pyrotechnic failure-to—Ignite during Display,Any amount overthe acceptable Industry standard
may be inventoried and an equitable refund may be provided to CUSTOMER within 30 days of Display.PYROTECNICO may make
pyrotechnic substitutions to the bid,RFP,quote or proposal of equal or greater value if,In its sole opinion,such substitutions are
reasonable and necessary.PYROTECNICO shall notify CUSTOMERS of such changes prior to Display.In the event that the Display
Is reduced or modified AHJ or by PYROTECNICO for safety concerns, the full dollar amounts outlinedIn thisAgreement
remain enforceable.
12. Force Ma eure: CUSTOMER agrees to assume the risks weather,strike,civil unrest terrorism, military action,governmental
action,and any er causes o the control of PYROTECNICO which may prevent the Display from being safely discharged on
any scheduled date,whichmay cause the cancellation of any event for which CUSTOMER has purchased Display,or which may
affect damage such portion of the equipment as may be placed and exposed prior to the Display. If PYROTECNICO is not
reasonably able to safely discharge the Display on the scheduledt the scheduled time, u any event for which
CUSTOMER has purchased the Display be canceled as a result of such causes,CUSTOMER may,1)Reschedule the Display and
pay PYROTECNICO such sums as provided in Paragraph 3® or 2)Cancel the Display and pay PYROTECNICO such sums as
provided in Paragraph 4,based upon when the Display is canceled.
1 . Assignment—CUSTOMER'S consent is not required for an assignment of thisAgreement in connection with ,disposition,
or transfer of the assets of PYROTECNICO or Its affiliate.The assigned party shall guarantee the performance y and
any other obligations of PYROTECNICO in connection with the terms and conditions provided In this Agreement
14. Taxes:CUSTOMER agrees to pay all applicable sales,use,and entertainment taxes that may be required within the state the display
is located and furnish PYROTECNICO with a certificate of exemption to the Date of Display.
15. Joint Anti several R*sDons.1bJ1Ry: If there is more than one CUSTOMER,they agree to be jointly and severally responsible for
performance of CUSTOMER'S obligations under this Agreement. is Agreement shall become effective after it Is executed and
accepted by CUSTOMER and after it is executed and accepted by PYROTECNICO at its' corporate offices in Jaffrey, New
Hampshire. This Agreement may be executed in several counterparts,Including fax and ernailed 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
®successors,executors,administrators and assigns.
16. E_rIc9FIrm: If any changes or alternations are made by CUSTOMER to this Agreement,or if this Agreement is not executed by
CUSTOMER and delivered to PYROTECNICO on or before the'PRICE FIRM DATE'shown below,then the price and date of the
Display are subject to review and acceptance by PYROTECNICO for a period of 15 days following delivery to PYROTECNICO of
any executed Agreement In the event it Is not accepted by PYROTECNICO,PYROTECNICO shall give CUSTOMER written notice,
and this Agreement shall be null and void.
16.1 Price Firm Date-8130/2024 EXECUTED AGREEMENT MUST BE DELIVERED TO PYROTECNICO BY THIS DATE.
17. !2g1L9gfll1a!Sfi2n:This Agreement constitutes the entire Agreement of the parties and may not be altered except In writing signed
by both parties.This Agreement and the rights and obligations of the Parties hereunder shall be construed Inaccordance with the
laws of the State of New Hampshire.Should any provision of this Agreement be determined by a court of competent jurisdiction to
be Invalid,such provision shall be stricken and the remaining provisions shall be Interpreted in a manner to fulfill the intent of the
parties. By signing this Agreement,CUSTOMER agrees that they have read,understand,and agree with all of the terms,conditions
and obligations of the Agreement.
Pyrotecrilco Fire Customer,duly authorized
INA
By: By: film
Matthew J. he fegional Manager Name: -Roddalles, EsQ.
Title: TOWN MANAGER
Date:
Ott
OAR
P*YRCJ`TE
VITALE FAMILY FIREWORKS 1889
Contract : C26-0025
Land Based Display Agreement
Pyrotecnlco Fireworks, Inc.
.„.,�.. P.O.Box 466
Jaffrey NH 03452
r � I omm 'Tel:(603)532-8324
VITAEE FAMILY FIREWORKS 1889 yrva. rotecnicc2c"m
This agreement as of this 23rd day of J i ,LQ24 by and between Pyrotecnico Fireworks.Inc.,of Jaffrey, New
Hampshire("PYROTECNICO")and IgMM of rth Andover("CUSTOMER")of 120 Main,%met.North Andover,MA
01845 hereby agree as foil ("Agreement").
1. Ennarrement: CUSTOMER hereby engages PYROTECNICO to provide to CUSTOMER a fireworks display ("Display"), and
PYROTECNICOaccepts such AGREEMENT upon all of the promises,terms and conditions hereinafter set forth. The Display shall
be outlined In the Sid,RFP,Quote or Proposal and attached hereto and Incorporated herein as Appendix A,If applicable.
1.1 PYROTECNICO Duties: PYROTECNICO shall provide all pyrotechnics, pyrotechnic equipment, licensed and trained
personnel,applications for perrrdts(the cost of which,Including all public safety and security fees,whichshall be paid by
CUSTOMER), worker compensation insurance by state statute, automobile insurance and liability insurance (solely
oaring pyrotechnic activity by PYROTECNICO)relating to the Display described in this Agreement.
12 CUSTOMER Duties:CUSTOMER shall provide to PYROTECNICO a suitable site('Site")for the Display,security for the
Site as set Forth in Paragraph 6 hereof,access to the SITE,any permission necessary to ulilize the Site for the Display,
and the other responsibilities as may be set forth in this Agreement. All Site arrangements are subject to
PYROTECNICO's reasonable approval as to pyrotechnic safety,applicable State regulations,suitability and security. All
other conditions of the Site shall be responsibility of CUSTOMER, including, but not limited to,access, use,control,
parking and general safety with respect to the public as outlined in paragraphs 5 and 6 of this Agreement.
. Fireworks Dismay:CUSTOMER agrees to pay Pyrotecnico the total"Contract Amounr for a Display,on the following date(s),time,
and location as follows:
Display Amount: =16L .tlti Display Date: W212026
Permit Fee(s): Postponement Date:
Miscellaneous: Time of Display:
Total Contract Amount: $16.000.00 Location: Haves Stad1urn
Less Deposit Amount: North w
Balance Due: $16,
Other.
2.1 Deposit:CUSTOMER agrees to pay PyrotecWco the"Deposit Amount7 by,NIA
2.2 Payments:CUSTOMER may make payment by cash,check.credit card or wire transfer.For all credit card transactions
there will be a . fee added to the payment amount.
2.3 Interest: In the event that I Contract Arnounr is not paid in full within 30 days after the Date of Display,
CUSTOMER will be responsible for the additional payment of 1.5%Interest per month or 1 %annually on the unpaid
balance. If Pyrotecnico prevails In any litigation arising out of this Agreement,it shall be entitled to all costs incurred In
connection with the litigation,including but not limited to reasonable attorneys fees.
. P toonemynt: If CUSTOMER elects to postponalreschedule the Display and requests a Postponement Date within this
Agreement, PYROTECNICO shall be paid the Display Amount plus a rescheduling service fee equal to one of the sub-provisions
below.If there Is no Postponement Date stated within this Agreement CUSTOMER and PYROTECNICO shall mutually agree upon
suitable reschedule date taking into consideration availability of permits,materials, equipment, transportation, labor and further
provided CUSTOMER accepts ONE of the additional terms of 3.2(A®C). However,in no event shall the DISPLAY be rescheduled
for a date more n 90 Days torn the date first set forth within this Agreement.
A If CUSTOMER postpones up to 36 hours prior to Display Date there shall be no additional fee, provided the stated
Postponement Date herein Is within ten(10)days of the Display Deft.
.2 IF CUSTOMER postpones with less than 36 hours notice,one of the follovAng provisions shall apply:
A CUSTOMER elects postponement and PYROTECNIC0 is notified by either contacting PYROTECNICO staff by
telephone at 603 2.6324, prior to 7:00 a.m. on the Display Date, CUSTOMER agrees to pay an additional
Postponement Fee of ten percent(1 )of the Display Amount.
B. If CUSTOMER elects postponement after 7:00 a.m.on the Display Date,there shall be an additional Postponement
Fee of twenty percent(20%)of the Display Amount;and CUSTOMER agrees forfeit their Postponement Date stated
herein, If applicable, If stated postponement date is o longer available CUSTOMER and PYROTECNICO shall
mutually agree upon a suitable reschedule date taking into consideration availability of permits,materials,equipment,
transportation,labor and CUSTOMER agrees that the Display shah be rescheduled for a date not more than 90 days
from the date first set forth within this Agreement.If CUSTOMER and PYROTECNICO cannot agree on a reschedule
date with the best efforts of both parties,all provisions of Paragraph 4 shall apply.
C. if PYROTECNICO technicians have afftvedon site and adverse e r conditions cause Authority Having
Jurisdiction("AHJ")to exercise Its sole and absolute discretion to determine the performance of any Display to be
Impossible,impractical or would unnecessarily increase the risk of damage or danger to person(s)and/or property,all
parties agree to Immediately hold a Postponement Date meeting by contacting PYROTECNICO corporate staff by
telephone or in person In order to attempt to reschedule the Display fora mutually satisfactory Postponement Date and
time. In the event the mutually satisfactory Postponement Date and time Is beyond the day following the scheduled
Displayate and It is Impracticable for the personnel and equipment of PYROTECNICO to remain at the SITE until the
rescheduled Display Date,then CUSTOMER agrees pay the actual expenses incurred by PYROTECNICO,not to
exceedi percent(30%)of the Display Amount. Actual expenses include,but are not limited ,expenses for travel,
lodging,labor,meals,rentaK permit fees, t and/or dismantling of Display,additional taxes or surcharges,or any
other additional expenses t incurred to and/or as a result of the Postponement or Cancellation.
4. Cancellation: If CUSTOMER cancels this Agreement for any reason liquidated damages for such Cancellation shall be paid by
CUSTOMER to PYROTECNICO as follows:
.1 In the event the Display is ncelled more than thirty(30)days before i ,CUSTOMER agrees to pay to
PYROTECNIC0 10 percent(1 )of the Contract Amount.
4.2 In the event the Display Is cancelled less than thirty(30) days but more than 48 hours before the Display Date,
CUSTOMER agrees to pay to PYROTECNICO,twenty-five percent(2 )of the Contract Amount.
.3 In the:event the Display is cancelled low than 48 hours prior to the scheduled iDate,CUSTOMER agrees to
pay to PYROTECNICO fifty percent( %)of the Contract Amount.
. Safety: CUSTOMER shall provide and pay all fees associated with the Fire Department Detail as may be required by the AHJ or
by state stabile andlor regulation. PYROTECNICO and CUSTOMER shall each comply with the applicable federal,state and local
laws and regulations and employ safety programs arid measuresconsistent with recognized applicable Industry standards and
practices. all timesore and during the Display,it shall be within P O CNICOs`sole discretion to determine whether or not
the DISPLAY discharged or continued,apart from when the AHJ makes a determination to cancel or postpone due to
reasonable safety concerns. It shall not constitute a breach of this Agreement by PYROTECNICO when fireworks fail or malfu
or when PYROTECNICO,and/or the AHJ determines that the Display cannot be discharged or continued safety due to conditions or
circumstances affecting safety beyond the reasonable control of PYROTECNICO.
6. ecurit : CUSTOMER shall provide andy for adequate security personnel, barricades, snow-fencing (if required by statute,
regulation or AHJ), Police ent services as may be necessary to preclude Individuals other than those authorized b
PYROTECNICO from entering an area to be designated by PYROTECNICO as the area for the the Display,Including a
fallout area satisfactory to PYROTECNICO where the pyrotechnics may safety be discharged and any debris may safely fall.
PYROTECNICO shall have no responsibility for,monitoring or oontrdling CUSTOMER'S other contractors,vendors or volunteers;
areasft public; to which the public,contractors,vendors or volunteers have access Including vehicular traffic,roadways n
areas.
7. le Ug: PYROTECNICO shall be responsible for the removal of all equipment provided by PYROTECNICO and dean up of any
"Live"or'U xplod "pyrotechnic material(shall mean any device that contains unexptoded mixtures r components)associated
with the Display. CUSTOMER shall be responsible for the SITE after 9:00 a.m.the day following the Display for any other cleanup
of'non-pyrotechnic' debris(non-pyrotechnic debris shall mean paper, paper disks, plastic, foil, rubber bands, etc.)that may be
associated with the Display. CUSTOMER shall provide PYROTECNICO with a trash receptacle or other suitable means for the
disposal of all non-pyrotechnic material;cardboard boxes and incidental lumber from the Display. PYROTECNICO is not responsible
for replacing sod,dirt,or gravel to its original ndition,or the cleaning up of sand or non-pyrotechnic debris.
8. Insurance:PYROTECNICO agrees to provide; 1)General Liability insurance coverage for damages rsons or property arising
from or related exclusively to the Display provided by PYROTECNICO;2)Automobile Liability Insurance;3)WorkersCompensation
Insurance(by State Statute.) The description,certificate holder and additional Insured,If any,will be provided upon request.
9. Indemnifigation: PYROTECNICO represents and warrants that It is capable of furnishing the necessary experience. personnel,
equipment,materials,providers,and expertise to produce the Display in a safe and professional manner. Notwithstanding anything
in the Agreement to the contrary, PYROTECNICO shall Indemnify, hold harmless, and defend CUSTOMER and the additional
insu 's from and against any and all claims,actions.damages,liabilities and expenses,Including but not limited to,attorney and
other professional fees court costs,In connection with the loss of life,personal Injury,and/or damage to property,arising
or t of the Display and the presentation thereof to the extent such are occasioned by any act or omission of PYROTECNICO,their
agents,contractors,providers„or employees. CUSTOMER shall Indemnify, hold harmless,and defend PYROTECNICO
from and against any and all claims, actions, damages, liability and expenses, including but not limited , attorney and other
professional fees and court costs in connection with the loss of life,personal Injury,and/or damage to property,arising from or out of
the Display and the presentation thereof'tothe extent such are occasioned by anyor omission of CUSTOMER,its officers,agents,
contractors,vendors, providers,or employees. In no event shall either party be liable for the consequential damages of the other
10. Limitation of Damages for Qrdlnary Breach: Except in case of bodily injury and property damage as provided in the insurance
and indemnification provisions of Paragraphs 8 and 9 above,In the event CUSTOMER claims that PYROTECNICO has breached
this Agreement or was otherwise negligent in performing the Display provided for herein,CUSTOMER shall not be entitled to claim
or recover monetary damages from PYROTECNICO beyond the amount CUSTOMER has paid to PYROTECNICO under this
Agreernent, and shall not ba entitled to claim or recover any consequential damages from PYROTECNICO including, without
limitation,damages for loss of Income,business or profits.
11. Warranty and Disclaimer PYROTECNICO acknowledges and CUSTOMER agrees that it is an acceptable industry occurrence to
experience up to three percent(3%)of pyrotechnic faiture-t nite during Display.Any amount over the acceptable industry standard
y be inventoried and an equitable refund may be provided to CUSTOMER within 30 days of Display.PYROTECNICO may make
pyrotechnic substitutions to the bid, RFP,quote or proposal of equal or greater value If,in its sole opinion,such substibAons are
reasonable and necessary.PYROTECNICO shall notify CUSTOMERS of such prior to Display.In the event that the Display
Is reduced or modified by the AHJ or by PYROTECNICO for safety concerns, the full dollar amounts out;!ned in this Agreement
remain enforceable.
12. Force Iillaleure: CUSTOMER agrees to assume the risks weather,strike, civil unrest,terrorism,military ,governmental
action,and any other causes beyond the control of PYROTECNICO which may prevent the Display from being safely discharged on
any scheduled date,which may cause the cancellation of any event for which CUSTOMER has purchased the Display,or which may
affect or dam such of the equipment as may be placed and exposed prior to the Display. If PYROTIECNICO is not
reasonably able safely discharge the Display on the scheduled ,or at the scheduled time, or should any event for which
CUSTOMER has purchased a Display be canceled as a result of such causes,CUSTOMER may: 1)Reschedule the Displayn
y PYROTECNICO such sums as provided in Paragraph 3®or 2)Cancel the Displayy PYROTECNICO such sums as
provided in Paragraph 4,based upon when the Display is canceled.
1 Assignment®CUSTOMER'S is t ui f an a ent o i Agr ment i on a ,dis icon,
or transfer of the assetsof PYROTECNICO or its affiliate.The assigned shall guarantee the performance Display
any other obligations of PYROTECNICO in connection with the terms and conditions provided in this Agreement.
14. T xes:CUSTOMER agrees pay all applicable sales,use,and entertainment taxes that may be required within the state the display
is located and fumish PYROTECNICO with a certificate of exemption to the Date of Display.
15. Joint and Several Resooffliblift If there is more than one CUSTOMER,they agree to be jointly and severally responsible for
performance of CUSTOMER'S obligations under this Agreement. This Agreement shall become effective after it Is executed and
accepted by CUSTOMER and after it is executed and accepted by PYROTECNICO at Its' corporate offloas in Jaffrey, New
Hampshire. This Agreement may be executed in several counterparts,including fax and email pies,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
®successors,executors,administrators and assigns.
16. Edgg Firm: If any changes or alternations are made by CUSTOMER to this Agreement,or if this Agreement is not executed by
CUSTOMER and delivered to PYROTECNICO on or before the'PRICE FIRM DATE"shown ®
then the price and date of the
Display are subject to review and acceptance by PYROTECNICO for a period of 15 days following delivery to PYROTECNICO of
any executed Agreement. In the event it is not accepted by PYROTECNICO,PYROTECNICO shall give CUSTOMER written notice,
and this Agreement shall be null and void.
16.1 Price Firm Date:$13012024 EXECUTED AGREEMENT MUST BE DELIVERED To PYROTECNICO BY THIS DATE.
17. Laaal Construction:This Agreement constitutes the entire Agreement of the parties and may not be altered except in writing signed
by both parties.This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the
laws of the State of New Hampshire.Should any provision of this Agreement be determined by a court of competent Jurisdiction to
be invalid,such provision shall be stricken and the remaining provisions shall be interpreted in a manner to fulfill the intent of the
parties. By signing this Agreement,CUSTOMER agrees that they have read,understand,and agree with all of the terms,conditions
and obligations of the Agreement,
Pyrotecnico Firew a Customer,duty authorized
By: By: mfflk�
Matthe .*�heaegional�Manager Name: Mel" Murphy-Rodrigues Es
Title: lv�
Date:
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I �o�CU
VITALE FAMILY FIREWORKS * 1889
Contract : C27-0003
Land Eased Display Agreement
`r Pyrotecnico Fireworks, Inc.
ww Box 466
Jaffrey 3452
P Y 1 ,.tT I C U Tel:(603)532-8324
Y IT A L E FAMILY FIREWORKS 1889 "VA�•t9�I1' t rLnCID.CO[rl
This agreement as of this 22rd day of July,2924 by and between Pvrotecnico Fireworks,Inc.,of Jaffrey, New
Hampshire("PYROTECNICO")and Igo of North Andover("CUSTOMER")of 120 Main Street, North Andover,MA
01845 hereby agree as folio ("Agreement").
. Engagement: CUSTOMER hereby engages PYROTECNICO to provide to CUSTOMER a fireworks display (''Display"), and
PYROTECNICO accepts such AGREEMENT upon all of the promises,terms and conditions hereinafter set forth. The Display shall
be outlined a Did,RFP,Quote or Proposal and attached hereto and Incorporated herein as Appendix A,if applicable,
.1 PYROTECNICO Duties: PYROTECNICO shall provide all pyrotechnics, pyrotechnic ul ent, licensed and trained
personnel,applications for perrnits(the cost Of which,Including all public safety and security fees, i shall be paid by
CUSTOMER), worker compensation Insurance by state statute, automobile Insurance and liability insurance (solely
covering pyrotechnic activity by PYROTECNICO)relating to the Display described in this Agreement.
1.2 CUSTOMER Duties:CUSTOMER shall provide to PYROTECNICO a suitable site("Site')for the Display,security for the
Site as set Forth in Paragraph 6 hereof,access to the SITE,any permission necessary to utilize the Site for the Display,
and the other responsibilities as may be set forth In this Agreement All Site arrangements are subject to
PYROTECNICO's reasonable approval as to pyrotechnic safety,applicable State regulations,suitability and security. All
other conditions of the Site shall be the responsibility of CUSTOMER,including,but not limited to,access, ,
parking and general safety with respect to the public as outlined in paragraphs 5 and 6 of this Agreement.
2. Eirevaorks Disolav:CUSTOMER agrees to pay Pyrotecnico the total'Contract ®for a Display,on the following date(s),time,
and location as follows:
Display Amount: (si j,5 100 Display Date: 7IV2027
Permit Feels): Postponement Date:
Miscellaneous: Time of Display: 0.;
p
Total Contract Amount: _ $16.5m.00 Location: _Maypl Stadlum
Less DepositAmount: 'No r,MA
Balance Due: $18 500.00
Other:
2.1 Deposit:CUSTOMER agrees to pay Pyrotecnico the"Deposit Amount' :NIA
2.2 Payments:CUSTOMER may make payment by cask check,credit card or wire transfer.For all credit card transactions
e WIN be a 3.5%fee added to the payment amount.
2.3 Interest: In the event that the 'Total Contract Amount'Is not paid in full within 30 days after the Date of Display,
CUSTOMER will be responsible for the additional payment of 1.5%interest per month or 1 %annually on the unpaid
balance. If Pyrotecnico prevails in any litigation arising out of this Agreement it shall be entitled to all costs incurred in
connection with the litigation,including but not limited to reasonable a 's fees.
3. Posteone nt: If CUSTOMER elects to postpone/reschadute the Display and requests a Postponement Date within this
Agreement,PYROTECNICO shall be paid the Display Amount plus a rescheduling service fee equal to one of the sub-provisions
below.If there is no Postponement Date stated within this Agreement,CUSTOMER and PYROTECNICO shall mutually agree upon
a suitable chedule date taking into consideration avallabIlity of permits, materials, equipment, transportation, labor and further
provided CUSTOMER accepts ONE of the additional terms of 3.2(A—C). However,In no event shall the DISPLAY be rescheduled
for a date more than 90 Days from the date first set forth within this Agreement,
.1 If CUSTOMER postpones up to 36 hours prior to Display Date there shall be no additional fee, provided the stated
Postponement Date herein is in ten(10)days of the Display Date.
3.2 IF CUSTOMER postpones with less than 36 hours notice,one of the following provisions shall
A. If CUSTOMER elects postponement and PYROTECNICO Is notified either contacting PYROTECNICO staff by
telephone at$03 2-8324, prior to 7:00 a.m. on the Display Date, CUSTOMER agrees to pay an additional
Postponement Fee of ten percent(10 )of the Display Amount.
B. If CUSTOMER elects postponement after 7:00 a.m.on the Display Date,there shall be an additional Postponement
Fee of twenty percent(20%)of the Display Amount;and CUSTOMER agrees to forfeit their Postponement Date stated
herein, If applicable. If stated postponement date Is no longer available CUSTOMER and PYROTECNICO shall
mutually agree upon a suitable reschadule date taking into consideration availability of pennits,materials,equipment,
transportation,labor andCUSTOMER agrees that the Display shall be rescheduled for a date not more than 90 days
from the date first set forth within this Agreement.If CUSTOMER and PYROTECNICO cannot agree on a reschedule
date with the best efforts of both parties,all provisions of Paragraph 4 shall apply.
PYROTECNICO technicians have arrived on site and adverse weather conditions cause the Authority Having
Jurisdiction("AHJ")to exerdse its sole and absolute discretion to determine the performance f any Display to be
Impossible,impractical or would unnecessarily Increase the risk of damage or danger to person(s)and/or property,all
partiesagree to immediately hold a Postponement Date meeting by contactingPYROTECNICO to staff by
telephone or in person in order to attempt to reschedule the Display for a mutually satisfactory Postponement Date and
In the event the mutually satisfactory Postponement Date and time is beyond the day following the scheduled
DisplayDate and It is Impracticable for the personnel and equipment of PYROTECNICO to remain at the SITE until the
rescheduled Display Date,then CUSTOMER agrees to pay the actual expenses incurred by PYROTECNICO, not to
exceed thirtypercent(30%)of the Display Amount. Actual expenses include,but are not limited to,expenses for travel,
lodging,labor,meals,rentals,permit fees,s and/or dismantling of Display,additional taxes or surcharges,or any
other additional expenses that incurred / s a result of the Postponement or Cancellation.
4. Canllation: If CUSTOMER cancels this Agreement for any reason liquidated damages for such Ca Ration shall be paid
CUSTOMER to PYROTECNICO as follows:
4.1 In the event the Display is I more than thirty(30)days fore the Display Date,CUSTOMER agrees to pay to
PYROTECNICO 10 percent(10 )of the Contract Amount.
4.2 In the event the Display is cancelled less than thirty(30) days but more than 48 hours beforeDisplay Date,
CUSTOMER agrees to pay to PYROTECNICO my-five percent(25 )of the Contract Amount.
4.3 In the event the Display Is cancelled less than 48 hours prior to the scheduledDate,CUSTOMER agrees to
y to PYROTECNICO fifty percent( %)of the Contract Amount.
5. Safety- CUSTOMER shall provide and pay all fees associated with the Fire Department Detail as may be required by the AHJ andfor
by state statute and/or regulation, PYROTECNIC0 and CUSTOMER shall each comply with the applicable federal,state and local
laws and regulations and employ safety programs measures consistent with recognized applicable u standards and
practices. At all times n during the Display,i4 shall be within PYROTECNICOssole discretion to determine r or not
the DISPLAY may be safelydischarged or continued,apart from when the AHJ makes a determination to cancel or postpone due to
reasonable safety concerns. It shall not constitute a breach of this Agreement by PYROTECNICO when fireworks fall or malfunctIM
or when PYROTECNICO and/or AHJ determines that the Display cannot be discharged or continued safely due to conditions r
circumstances affecting safety beyond the reasonable control of PYROTECNICO.
8. SIg CUSTOMER shall provide and pay for adequate security personnel, barricades,snow-fencing (if required by statute,
regulation or J), Police Department services as may be necessary to preclude individuals other than those authorized
PYROTECNICO from entering an area to be designated by PYROTECNICO as the area for Display,including a
fallout area satisfactory to PYROTECNICO where pyrotechnics may safely be discharged and any debris may safely fail.
PYROTECNICO shall have no responsibility for monitoring or controlling CUSTOMER'S other contractors,vendors or volunteers;
the public;areas to which the public,contractors,vendors or volunteers have including vehicular traffic.roadways and parking
areas.
. gj2#0M PYROTECNICO shall be responsible for the removal of all equipment provided PYROTECNICO and dean up of any
"Live"or'Unexploded"pyrotechnic material(shall mean any device that contains unexploded mixtures or components)associated
with the Display. CUSTOMER shall be responsible for the SITE after 9:00 a.m.the day following the Display for any other cleanup
of"no ynW debris (non-pyrotechnic debris shall mean paper, paper disks, plastic, foil„ rubber bands, etc.) that may be
associated the Display. CUSTOMER shall provide PYROTECNICO with a brash receptacle of,other suitable means for the
disposal of all non-pyrotechnic material;cardboard boxes and incidental lumber from the Display. PYROTECNICO is not responsible
for replacing sod,dirt,or gravel to its original condition,or the cleaning up of sand or non-pyrotechnic debris.
8. Insurance:PYROTECNICO agrees to provide®1)General Liability insurance coverage for damages to persons or property arising
from or related exclusively to the Display provided by PYROTECNICO;2)Automobile Inability Insurance,3)Workers'Compensaflon
Insure ( y State Statute.) The description,certificate holder and additional insured,if any,will be provided upon request.
9. indemnification: PYROTECNICO represents and warrantsthat it is capable of furnishing the necessary experience,personnel,
equipment,materials,providers,and expertise to produce the Display In a safe and professional manner. Notwithstanding anything
in the Agreement to the contrary, PYROTECNICO shalt indemnify, hold harmless, and defend CUSTOMER and the additional
insu 's from and against any and all claims,actions,damages,liabilities and expenses,including but not limited to,attorney and
other professional fees and court costs,in connection with the loss of life,personal Injury,and/or damage to property,arising m
or out of the Display and the presentation thereof to the extent such are occasioned by any act or omission of PYROTECNICO,their
officers,agents,contractors, providers,or employees. CUSTOMER shall Indemnify, hold harmless, and defend PYROTECNICO
from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other
professional and court costs In connection with the loss of life,persona!Injury,and/or damage to property,arising from or out of
the Display and the presentation thereof to the extent such are occasioned by any act or omission of CUSTOMER,its officers,agents,
contractors,vendors,providers,or employees. In no event shall either party be liable for the consequential damages of the other
1 . Limitation of Damages for Ordinary Breach. Except in the case of bodily injury and property damage as provided in the Insurance
and indemnification provisions of Paragraphs 8 and 9 above,in the event CUSTOMER claims that PYROTECNICO has breached
this Agreement or was otherwise negligent in performing Display provided for herein,CUSTOMER shall riot be entitled to claim
or recover monetary damages PYROTECNICO beyond the amount CUSTOMER has paid to PYROTECNICO under this
Agreement, and shall not be entitled to claim or recover any consequential damages PYROTECNICO including, without
limitation,damages s of income,business or profits.
1. Warranty and Disclaimer: PYROTECNICO acknowledges and CUSTOMER agrees that it is an acceptable industry occurrence to
experience up to three percent(3%)of pyrotechnic fallu o-Ignite during Display.Any amount over the acceptable industry standard
may be inventoried an equitable refund may be provided to CUSTOMER within 30 days of Display.PYROTECNICO may make
pyrotechnic substitutions to the bid,RFP,quote or proposal of equal or greater value if,in its sole opinion,such substitutions are
reasonable and necessary.PYROTECNICO shall notify CUSTOMERS of such changes priorto Display.In the event that the Display
is reduced modified by the AHJ or by PYROTECNICO for safety concerns, the full dollar amounts outlined In this Agreement
main enforceable.
12. Force MaleuM. CUSTOMER agrees to assume the risks of weather,strike,civil unrest terrorism,military action,governmental
action,and any other causes beyond the control of PYROTECNICO which may prevent the Display from being safely discharged on
any scheduled date,whichy cause the cancellation of any event forwhich CUSTOMER has purchased Display,or which may
affect or damage such portion of the equipment as may be placed and exposed prior to the Display. If PYROTECNICO is not
reasonably able to safely discharge Display on the scheduleddate,or at the scheduled time, any event for which
CUSTOMER has purchased the Display be canceled as a result of such causes,CUSTOMER may,1)Reschedule the Display and
pay PYROTECNICO such sums as provided in Paragraph 3®or 2)Cancel the Display and pay PYROTECNICO such sums as
provided in Paragraph 4.based upon when the Display is canceled.
1 sianment—CUSTOMER'S consent is not required for an assignment this Agreement in connection with a sale,disposition,
or transfer of the assets of PYROTECNICO or its affiliate.The assigned party shall guarantee the performance of the Display and
any other otiNations of PYROTECNICO in connection with the terms and conditions provided in this Agreenrieft
14. Taxes°.CUSTOMER agrees to pay all applicable ,use,and entertainment taxes that may be required within the state the display
is located and furnish PYROTECNICO with a certificate of exemption prior to the Date of Display.
15. Joint and Several Responsibility: If there is more than one CUSTOMER, they agree to be jointly and severally responsible for
performance of CUSTOMER'S obligations under this Agreement. This Agreement shall become effective after it is executed and
accepted by CUSTOMER and after it is executed and accepted by PYROTECNICO at its' corporate offices in Jaffrey, New
Hampshire. This Agreement may be executed in several counterparts, including faxed and emailed 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.
16. Price Firm: If any changes or alternations are made by CUSTOMER to this Agreement, or if this Agreement is not executed by
CUSTOMER and delivered to PYROTECNICO on or before the"PRICE FIRM DATE"shown below,then the price and date of the
Display are subject to review and acceptance by PYROTECNICO for a period of 15 days following delivery to PYROTECNICO of
any executed Agreement. In the event it is not accepted by PYROTECNICO,PYROTECNICO shall give CUSTOMER written notice,
and this Agreement shall be null and void.
16.1 Price Firm Date: 8/30/2024 EXECUTED AGREEMENT MUST BE DELIVERED TO PYROTECNICO BY THIS DATE.
17. Legal Construction:This Agreement constitutes the entire Agreement of the parties and may not be altered except in writing signed
by both parties.This Agreement and the rights and obligations of the Parties hereunder shall be construed in accordance with the
laws of the State of New Hampshire. Should any provision of this Agreement be determined by a court of competent jurisdiction to
be invalid,such provision shall be stricken and the remaining provisions shall be interpreted in a manner to fulfill the intent of the
parties. By signing this Agreement,CUSTOMER agrees that they have read,understand,and agree with all of the terms,conditions
and obligations of the Agreement.
Pyrotecnico;F10,11ric. Customer,duly authorized
By: — By:
Matthew a—Regional Manager Name:
Title: f
Tnwtu MANAGER
Date:
aw
F ,
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P�'ROTE I TM
VITALE FAMILY FIREWORKS + 1889