[2023-37 Mad Bomber Fireworks 2023 Exhibit A.pdf] EXHIBIT A MAD BOMBER FIREWORKS PRODUCTIONS AGREEMENT This contract entered into this 8th day of March, 2023 and between Mad Bomber Fireworks Productions of Kingsbury, Indiana hereinafter referred to as Seller, and, The City of North Olmsted, Herein after referred to as Buyer, of North Olmsted, State of Ohio. Witness: Seller agrees to provide and Buyer agrees to purchase a fireworks Display in accordance with the program agreed upon. Buyer will pay Seller a sum of $ 30,000.00 for said Display. Upon acceptance of this agreement, Buyer will pay Seller a sum of -0- as an Earnest Money Deposit with the balance due and payable within 30 days after the display date agreed upon. A late charge of 1 %4% per month will be assessed on accounts not paid within thirty days of display date. Both Seller and Buyer mutually agree to the following terms, conditions, and stipulations: 1. Seller will present said Fireworks Display on the evening of August 11, 2023, it being understood that should there be inclement weather the day of the display the Seller has sole discretion to cancel display. An alternate display date will be given within six months of the original display date agreeable to both the Seller and Buyer. Agreed Rain Date: To be agreed upon 2. The Fee for cancellation for any reason of the Fireworks Display is 40% of the agreement price if Buyer chooses to not select another display date within six months of the original display date. 3. Buyer will provide a sufficient area for the Display, including a minimum spectator set back of 420 feet at all points from the discharge area. Buyer will provide protection of the display by roping-off or other suitable means. Buyer will provide adequate police protection to prevent spectators from entering display area. Buyer agrees to search the fallout area at first light following a night display. 4. Seller reserves the right to terminate the Display in the event that persons enter the secured Danger Zone and Security is unable to secure Danger Zone. 5. Seller agrees to provide Qualified Technicians to take charge of and present said Display. 6. Seller agrees to provide Liability Insurance in the amount of $10,000,000.00 for the benefit of both the Buyer and Seller. All individual entities listed on the Certificate of insurance will be deemed an additional insured per this contract. 7. Mad Bomber Fireworks Productions retains the right to substitute product of equal or greater value in the event of shortages or unavailability of any particular item on the proposal. 8. Seller and Buyer agree to include Attachments, if any. See Attachments: -none- Both Seller and Buyer hereto do mutually and severally guarantee terms, conditions, and payments of this contract, these articles to be binding upon the parties, themselves, their heirs, executors, administrators, successors and assigns. Mad Bomber Fireworks Productions BUYER By £& By (Its duly authorized agent, who represents that he/she has full authority to Bind the Buyer) Date March 8, 2023 Date Addendum to Mad Bomber Fireworks Productions Agreement The following additional provisions are incorporated into the Mad Bomber Fireworks Productions Agreement received by the City of North Olmsted on ______________, 2023 and made a part thereof. 1. Seller will at all times fully comply with all local, state and federal regulations, codes, statutes or ordinances concerning the licensing, transportation, set up and / or display of pyrotechnic devices or fireworks. This includes, but is not limited to, North Olmsted Codified Ordinance §1719.02, Fireworks; Ohio Revised Code §3743, Fireworks; and National Fire Protection - NFPA 1123 – Fireworks. 2. Seller agrees to perform the initial clean-up of the display site immediately following the event, as required in NFPA 1123, Section 8.2.12. 3. The Fireworks Display shall be staged from a property owned by Moen, Inc., 25300 Al Moen Drive, North Olmsted, Ohio, 44070. Seller agrees to provide liability insurance in the amount of $10,000,000.00 for the benefit of Buyer, Seller and Moen, Inc., who will be identified as an additional insured. Proof of compliance with this provision shall be provided to Buyer. 4. The Seller hereby agrees to indemnify and hold the Buyer and Moen, Inc. harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, demands, obligations, actions, proceedings, or causes of action of every kind and character arising out of the acts, omissions and/or negligence of the Seller and all of their respective employees, subcontractors, agents or any others acting in concert with any of them. Mad Bomber Fireworks Productions BUYER __________________________________ ____________________________________ Nicole Dailey Jones, Mayor Date:_____________________________ Date:________________________________ --- [2023-37 Mad Bomber Fireworks 2023.pdf] CITY OF NORTH OLMSTED RESOLUTION NO. 2023 - 37 By: Mayor Jones A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH MAD BOMBER FIREWORKS PRODUCTIONS TO PROVIDE A FIREWORKS DISPLAY FOR 2023, AND DECLARING AN EMERGENCY. WHEREAS, the City of North Olmsted, in the 1970’s and 1980’s, had a long tradition of orchestrating a 4th of July fireworks celebration and fostered a sense of community pride and served as a family friendly way to celebrate the holiday; and WHEREAS, to celebrate the City of North Olmsted’s bicentennial, foster community pride and provide a family friendly way to celebrate the 4th of July weekend in 2015, a wildly successful fireworks celebration was held in North Olmsted, to the delight of many; and WHEREAS, additional, equally successful events were staged in 2016, 2017, 2018 and 2019 and 2022; and WHEREAS, Mayor Jones proposes to have a fireworks celebration in North Olmsted to kick off the final concert at North Olmsted Park on August 12th; and WHEREAS, it is the recommendation of the Mayor that the City enter into a contract with Mad Bomber Fireworks Productions to provide a fireworks display for the 11th of August, 2023, for $30,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO: SECTION 1: That the Mayor be and she hereby is authorized to enter into an agreement with Mad Bomber Fireworks Productions to provide a fireworks display for the City of North Olmsted for the 11th of August, 2023. The contract shall be in form and substance substantially similar to the attached Mad Bomber Productions Agreement, marked as Exhibit A, and attached hereto, with such changes to be hereinafter made in said contract as are not substantially adverse to the City and which are approved by the Director of Law. The character of any such changes as not being substantially adverse to the City shall be evidenced conclusively by the execution of the Agreement by the Mayor and the approval of the Agreement by the Director of Law. SECTION 2: That this Resolution is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare and for the further reason that immediate authorization will allow Mad Bomber to make the necessary 2 arrangements for its fireworks display and to secure the requested date for this public celebration; and further provided that it receives the affirmative vote of two-thirds of all members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor. PASSED: ________________________ First Reading: _______________ Second Reading: _______________ Third Reading: _______________ Committee: __________________ ATTEST: _____________________________ __________________________ BEATRICE TAYLOR LOUIS J. BROSSARD Clerk of Council President of Council APPROVED: _____________________ APPROVED AS TO LEGAL FORM: _______________________________ /s/ Michael R. Gareau, Jr._________ MAYOR NICOLE DAILEY JONES MICHAEL R. GAREAU, JR. Director of Law Yea: _____ Nay: _____ Absent: ____________________
